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HomeMy WebLinkAboutContracts & Agreements_70-2025PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 6" day of May, 2025, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City'), and Tryco General Engineering (hereinafter "Contractor"), City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Orange Blossom Trail, Phase 4 Project, complete all items as required by the Contract Documents (as herei)r defined) and Specifications for City's Orange Blossom Trail, Phase 4 Project, Project No. S241006 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of nine hundred sixty thousand one hundred forty-five dollars ($960,145) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300, 3. TIME FOR COMPLETION: The Work shall be completed within sixty (60) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" from and after the date of City's issuance of a Notice to Proceed to Contractor. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500.00) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500.00) per day is the estitnated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (colleotively, the "Contract Documents"). 6. ATTORNEYS' FEES. In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. I:\cmo\Agreements\T4yco_Publtc_Works_Contraet PX25,0048.doe jm 7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104), All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents, 11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. [Signatures on Next Page] I:\=Mgreementa\Tryco_Pnbllc_Works_Contract FY25.0048 Aoc-jm IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above, (SEAL) ATTEST: � k� Jeanne on dson, City Clerk CITY OF REDLANDS By: qc I Mario Saucedo, Mayor (SEAL) Tr co General Engineering Name of Contractor By:-- Signatio of Authorized Agen Title Signature of Authorized Agent (if necessary) Title q(p Contractor's License No. T:' emolAgreements\Tryco_Public_Works_Contract FY25-0048.doc-jm WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities and Engineering Department Orange Blossom Trail, Phase 4 Project Project No. S241006 Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By scouring from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement, (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California, However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Dated this i°o day of M 2025. (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) ro\cmo\Agreements\Ttyco_Public_Works Contrnot FY25.0048.doo-jm Bond No. GS29700216 Premium: $12,562.00 Premium Based on Final Contract Amount FAITHFUL PERFORMANCE BOND Whereas. the City of Redlands ("City"), State oi' California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreeriwnt dated May 6, 2025 ("Agreement") whereby Principal agrees to insult and complete certain public improvements (the "Work"), which said Agreement is ideruil'ied as Orange I3lossonn Trail Phase 4 Prgjeet and is hereby referred to and made a part hereol, and Whereas. said Principal is required under the terms of the Agreement to Furnish a bond for the faithful performance of' the Work, now, therefore, we, the Principal and_ The (flay Ctesuatty & Sfiqliv as Surety, are held and firmly bound unto the City in the penal stun of Ninc hundred sixty thousand one hundred fixty-five dollars ($960, l45) lawhd money of the United States, for the payment of'whiela sum we bind om-selves, and our heirs. successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the lime and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfil( the one-year guarantee of' all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation slwll become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in (addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fires, including reasonable attorneys' fees, incurred by the City in succes<sfally enforcing such obligations. all to be taxed as costs and ,included in thcjudgutentrendered, As a condition precedent to the satisfactory completion of Lhe Work. the above obligation shall hold good For a period of one (1) year or longer if' required by the Agreement after the acceptance of the work by the City, during which tore if' the Principal Shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident daring this period from the dale of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations or Surety hereunder shall continue so long as any obligation of die Principal remains. Whenever he Principal shall be, and is declares( by the City to be, in default raider the Agreement, the City having perlurnied the City obligations thereunder, he Surety shall promptly remedy the default, or shall promptly, at the City''s option: 1. Complete the Work in accordance with its terms and conditions: or 2. Obtain a hid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Suety of the lowest responsive and responsible bidder, arrange for a contract behveen such bidder aid the Ckv, and make available as work progresses I Ncmo'Agrecmews':'I 3 en_I'u61ic_wuda_ CnnhAa FV25-10048 duo-im sufficient funds to pay the cost of completion of the Work less the balance ol- the ercement pncc- butnot exceeding, irlclltClinll Other msts alid tier Nvllidl Surd\: 11MV be lKLhIC hcreun+,lcl-. the amount set forth above. The terns "balance of €hc Agymileill price.-- as used in this paragraph, shall mean the. total anunult payable to the Principal by tale City under thkC A—recment and aly modifications thereto. less the amount prCViously proflcrly paid hN the City- to the Principal. S LIJ-Ct1' expressly agrees that the City may re.jeet any Contractor or Sil bColl traC(or which lllily In: proposed by SLn-Cly in fulfillrllctll of its oblj�nitiOns in the c\Cnt Of Cid"i ilt by the PI-ilICT,ll. Surety shall not utilize the Principal in co mplcting the Wort: nor shish Surety accept a hid from the Principal for Completion of the 1V011 if the City. Nvhen declarim, the Principal ill delatdt. notifies Surety of the; City"s ohjection to the Principal-s further pW_6Cipatio11 in the Com111COon Of the WOFF _. No right all action ,shall accruC on the hand to or for the use of Ally person or Corporatioll other than the Cite named herein or the SUCCe:ssurs or LLSSk-IFIS of the 0N. A11V suit colder this hood Must he in5titWCd X i€hill the al)plicahlC st'Lltute ollimitations period. The suid Sur-Cty, for yAtic rCCCIVed. llel'ChN stipulatcti and I,recs that stet CIM1111c- CNtcnsiun of hllle. alteration or addition to the terrlls of the A-1—CelllCnt or to the work to he performed ti]CRAIllder or the Specilicatiolls acccnlipanyinL, the same shall in Lilly Nya% affect its obli,Lit lolls on this bond, and it does hcrcbv waive notice of, Lrnv such chxln,C- C\Icllsloll of tin1C- allcru(ion ur addition to the terms Elf tic AL-reement (+r to the \wrfc or to the spccificatiotls No final Settlement between the Citr= and the Principal shall abridge Ille right of any beneficiary 1i4rcuildQr whose claim may be unsatisfied. The Principal and Surety agree thrlt it' the 0(3' i5 rCcluired to cu#vu"e lhC sCI— iCC4 elf WIN' attornCY in connection 1A ith the eliforcerliCnt of- this holies, each shall pxn the Cite"s reasonable attorneys" fees incur--.. with or Without suit. in addition to file above soul. In xvitne.ss wilcrcol'. this ilastrument has been duly executed bN tk1 Principal send Snl-CIN aboie named, oil May 12th . `025. (SEAL.) fS1"AI.) Tryco General Engineering The Gray CaSUalty & Surety Cold an I (•0110-aclo ISi`na rc) (tii i,llurc)Pietro Micciche, Attorney -in -Fact (Seal and Notarial Acknowledgnlent of SUre1F ) t 1cn{u 1grecincimVI'nco HLWIL%VtIIIs_ l'cmIrtcI 17 _'i-nu-14 11M-Im Addl-css: P.D. Box 6202 Metairie. LA 7000e TC[Cphone ( 877 ) 857-6006 CALIFORNIAALL-PURPOSE• fs`iL!rc :�e.`.� ht.si •n,::.:.s�:.a�t.-n.."N...:. t �rrx-i�._:;.•!:.t s.�...;.ot,s�!:ti..Gt t.c.:� �:.�nt :�t!ac C,•.c.<.�.c� ;.r•�.a T e. •. ;r•.vs .:�a.�N,:�..•�:�:;e.:�:. A notary public or other officer completing this certi€icate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On �W1.24_1C' before me. Date personally appeared Pietro Micciche Angel Nunez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person%) whose name($) is/" subscribed to the within instrument and acknowledged to me that hefxW#�Qy executed the same in hislojoft t; authorized capacity(P&X), and that by his/)( 6jKlKslgnature(;0 on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. *MY ANGEL NUNEZ Notary Public • CaliforniaLos Angeles County pCommissiori # 2482770 Comm, Expires Mar 14, 2028 Place Notary Seat Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS n3y'hand anV official seal. Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above-, Capacity(ies) Claimed by Signer(s) Signer's Name: _- i Corporate Officer --- Title(s): 3 Partner — DUM110d IC General L Individual Attorney in Fact l.._j Trustee L Guardian or Conservator j Other: Signer Is Representing: _ Signer's Name: __ I .' Corporate Officer — Title(s): _. Partner — `._1 Limited r J General Individual Attorney in Fact i Trustee Guardian or Conservator 1 ] Other: Signer Is Representing: 02014 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. GS29700216 Premium Included in Performance Bond LABOR AND MATERIAL BOND Werem. the City Council of" the City of Redlands. We or Calilurrria- and Tgco Geniaral 1'.ngince6rig (hereinarter designated as " Principal-') have entered into an agreement (the "Agreement") mlereby Principal agrees to install and complete certain detis�jnatCd public improvements (the -Work-), which .said agreement. dated May 6. 2025. and iden6hed as Drange Blossrnrj Trail, Phase 4 Project, Project No. S241006 is hereby_ rererred to and made a part hereof, and Whereas. Under the terms of the A`.,rlenient. Principal is' rugUlrcd before commencing till' perhrmance of the Work, w Me a good and suildiem Lahor and MaLerial horld evith tllie City of Redlands to secure the claims to which reference is made in Title 3 (commencing t\ith Section 95MA or Pant 6 of [division 4 of the Civil Code of the Sufic of CalUbmia. NoNN, therefore. said Principal and the undersigned as corporate surety. arc held firmly hound unto the Lily and all contractors_ subcontractor.~. laborers_ material men and usher person~ employed in the performance or dw Agreement and rcicrred to in dw arowslid Cide of Civil Procedure in the sum of ninc hundred sixty thousand one hundred IE,rty-five dollars Ob'9 0,l4;) rnr materials furnished or labor thereon of any kind. or for amounts due tinder the Unemployment Insurance Act NNith respect to such work or labor. that said Surety Will pay- the same in an. amrnmt not exceeding the amowu hembah,ow set Fork. and also in case suit is hrfmght upon this bond, will pay, in addition to the lace am(AlIll thereof: costs and rUS0110111C eXpal;sCS and lees. including reasonable attorneys- fees, incurred ht, the City in suecesdidly entiu•cing midi ohligotiow w he awarded and Wed by the court. and to he taxed as casts and to he included in the judgment therein rendered. It is hereby expressly stipulated and agreed tbLiL this band shall insure to the benefit of any and all persons. companies and coMomtions entitled to the claims under Dille ; 1conrrnencirrg with Section 9550) or Pal-t 6 or Division. 4 of the Civil (rode, so as to ghm a right of audon to than or - their assigns in any suit hmug.ht upon this bond. Shouiti the Conditis,n of this bond he Bally perrinmed, then this obligation shall beck ]lie null and void. otherwise it shall he and remain in full I-orce and effect. The surctz- hereby stipulates and agrees that no change. extension of tithe, ahendic,n or addition to the terms of the Agrecrltent or, the specifications aecull!lptlnying file same ,;hall in ,mv manna• affect its ohi ja6uns on this bond. and it does hereby NvaiVe notice of ally such Change, extension or time, alteration or addition. In Witness VNhereof, this instrument has been duly executed b, the Principal and surety above narned, on May 12T - 2025, (SEAL) Tryco General Engineering Wontrat to ) IScal and Notarial Ackn01ded Ienrel,t oCSurct� ) 1 �Cmok .,\EfCelll Cll1S1,l),ull I,llj)I14 WmI, f "n11FY.IC! F V1 i-Iti 4- 4 dOL-jilt t`SI;AI.) The Grav Casualtv & Surety Compan Sul• y) I3�'.'t_� - — (Slgnature)Pietro tUiicciche, Attorliey-in-Fart Address: P.D. Box 6202 Metairie. LA 70009 fcicphonc: ( 877 )857-6006 ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE .D •_.+/�.,�... .mot/stt.iir �..:�t.vv..a�t.a�v Tic^iii .aia a•%� �:. :Z: a:t a.�.•. c �'S.t�cr;�� trw ai, e� .a :�t::it.ti t.=:��.z�:. ..i!At.�..v+r.c�v :�:.:�e 1�..'�Kr;e:i�:. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of __ Los � A,n eles On �_Y 1 �;'�"'t before me, Date personally appeared Pietro Micciche Angel Nunez, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{) whose namew is/M subscribed to the within instrument and acknowledged to me that helAWy executed the same in his/)�jRR"kauthorized capacity(W, and that by his/ftAoksignature(o on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre ANGEL NUNEZ WITNESS y hand a official seal. Notary publft • California Los Angeles Caunty Commission p 2482770 Signat e z �' My Comm, Expires Mar 14, 2029 Y Signature of_yptK Public Place Notary Seal Above (OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: mm� J Corporate Officer — Title(s): L Partner — L Limited i_ General Individual IZAttorney in Fact i_1 Trustee L Guardian or Conservator 1� Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner -- f] Limited i General Individual J Attorney in Fact Trustee LJ Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THE CRAY INSURANCE COMPANY THE CRAY CASUALTY & SURETY COMPANY Prefen'ed Bonding Services 04 Ole 2025 15:40 891o0009394 GENERAL POWER OF ATTORNEY Bond Number: qq�r� T tip / _C - ' p wwsstr' ''AAZ"1 y Z�e�� Principal: 1�.:/li� (�'��f,I�zA1`�g �1�1{'�y �/�11'`J Project:Oftiifif) (2s 131876n Trail] Aftl "I KNOW ALL BY'rHESE PRESENT'S"'fHA'I`[he (fray Insurance Company and 'I he Gray Casualty & Surety Compan3. corporations duly organized and existing under the laws of Louisiana. and having their principal offices in Metairie. Louisiana. do hereby make" constitute. and appoint: Patricia Zenizo, Elisabete Salazar, Edward A Faucher, III, Angel Nunez, and ,jointly Pietro Micciche of Los Angeles. California and severally on behalfo'each of the Companies named above its true and lawful Altorne}(s)-in-Factto make on its behalf and as its deed, bonds, or other writings obligatory in tile , , execute, seal and deliver, fix and e nature of a bond, as surety, contracts u(suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount ol- $25.000.000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Compan} and Tile Gray Casualty & Surety Company at meetings July called and held on the 20^' day or Junc• 2003. "RESOLVED, that the President, Executive Vice President. any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution ofsuch Power ol'Attorney, and to attach the seal of the Company: and it is FURTHER RESOLVED. that the signature of such officers and the seal of the Company may be allixed to any well Power ul Allurney or to ail) certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such lucsi ndc signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond undertaking or contract ol'surety to which it is attached, IN WITNESS WHEREOF. The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto afiixe^�d'_',','1and ,,these presents tobesssiiigggnnned by their authorized officers (his 4a' day ol'November. 2022. a — � �n �� .� 9JPi•T"" a SG9 F of $$$L � By: Michael �f. Gray Cullen S. I'iske a ml+,[a President President oSE$L '�J+�,,,„",..•C� 'fhe Gray Insurance Company The Gray C'asuulty & Surd) Company State of Louisiana ss: Parish of Jefferson On this 4'h dap of November. 2022. before nm, a Notary Public. personal]} appeared Michael 1. Gray. President of the Gray Insurance Company, and Cullen S. Piske. President offhe Gray Casualty & Surety Company. personally known to me. being duly scorn, acknowledged that they signed the above Power of Auorney and affixed the seals orlhe companies as officcn of. and acknowledged said instrument to be the voluntary act and deed, of their companies. 'r P j f,0. /'{r. !3V !''�iv1•i.Q �V 1°: 44;� hotdr P " U Y Leigh Anne lienwan Notary ID ho.9g2Gg3 Not an Public. Parish o]-Orleans State of Louisiana OneanS Parish, Lotusiang My Commission is for Lifi: 1, Mark S. Manguno, Secretary ol'The Gray Insurance Company. do hereby certilj that the above and forgoing is a sue slid correct copy ofa Power ofAtlorney given by the cumpai es, which is still in fail force and effect IN WITNESS WHEREOF. I have net my hand and affiixxeeJd the seals of the Company fill day of MCJI �9 , I. Leigh Anne Henican. Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true slid correct copy of a Power of Attorney given by the companies. which nis, still in rull force and eficct. IN WI'INLSS VJI W'REOP. 1 have set my hand and affixed the seals of the Company this 17*vlay of e V� U OX I SSAi� SEJL W *