HomeMy WebLinkAboutContracts & Agreements_19-2016 PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 2'd day of
February, 2016, 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 perform all of the work for the
following: CITRUS AVENUE & ORANGE AVENUE STORM DRAIN REPAIR
PROJECT, complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's CITRUS AVENUE & ORANGE AVENUE STORM DRAIN
REPAIR PROJECT, Project No. 40089.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$134,800.00 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 requirement to be withheld
by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within 45 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City.
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$500 for each consecutive calendar day
in excess of the specified time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is
the estimated damage to City caused by the failure of the Contractor to complete the Work within
the allowed time. Such sum is for 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 includes all of the Contract documents set forth
herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond,
Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General
Requirements, Technical Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of 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.
CD 1
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of
$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.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By� amm
..........
Mayor, City of Redlands,
County of San Bernardino, California
ATTES
T,
City Clerit,titjof Redlands
County of San Bernardino, California (SEAL)
r 7L, c
Name of Contractor
By:
SignaturQk Authorize, Agent
Title
Signature of Authorized Agent (if necessary)
Title
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Conti-act: City of Redlands
Municipal Utilities & Engineering Department
CITRUS AVENUE & ORANGE AVENUE STORM
DRAIN REPAIR PROJECT, Project No. 400189
Labor Code, Section 3700, provides, in part that-,
"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 in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing 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 ftimishing 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.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer
to be insured against liability for worker's 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 of this contract. (Labor Code section 1861)
Dated this day of 2016,
(Contractor)
(SzgnI lir'Le
!�!Iliaf, itle)
(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.)
CD 4
BOND NO. 1001053169
Premium: $2,976.00
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Tryco General
Engineering (hereinafter designated as "Principal") have entered into an agreement dated
February 2, 2016 ("Agreement") whereby Principal agrees to install and complete certain public
improvements (the "Work"), which said Agreement is identified as CITRUS AVENUE &
ORANGE AVENUE STORM DRAIN REPAIR PROJECT,Project No.40059 and is hereby
referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, now, therefore, we, the Principal and
American Contractors__Indemnity_ Compguy, , as Surety, are held and firmly bound unto
the City in the penal sum of One hundred thirty four thousand eight hundred dollars and zero
cents ($134,800,00) lawful money of the United States, for the payment of which sum we bind
ourselves, 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 time and in the manner therein specified, and in all respects according to their true intent
and meaaung, and shall faithfully fulfill 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 shall 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 fees, including reasonable
attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as
costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Agreement, 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 time 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 during this period from the date of completion of the Work., and resulting
from or caused by defective materials or faulty workmanship, the above obligation in penal sure
thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue
so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the
Agreement, the City having perforated the City obligations thereunder, the Surety shall promptly
remedy the default,or shall promptly, at the City's option:
1. Complete the Agreement in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Agreement in accordance with its ten-ns
and conditions, and upon determination by Surety of the lowest responsive and responsible
bidder, arrange for a contract between such bidder and the City, and make available as work
progresses sufficient funds to pay the cost of completion of the Work less the balance of the
CD 5
t exceeding, including other costs and damages for which Suretmay be
Agreement price,but no term"balance of the Agreement price,1y) as used
liable hereunder, the amount set forth above.The
in this paragraph, shall mean the total arnount payable to the Principal by the City under the
Agreement and any modifications thereto, less the amount previously properly paid by the City
to the Principal.
Surety expressly agrees that the City may reject any contractor or nsubcf default ontractor by the
which
may be proposed by Surety in fulfillment of its obligations in the evet o
Principal.
Surety shall not utilize the Principal in completing the Agreement nor shall Surety accepn
t
a bid from the Principal for completion of the Work if the City, when declaring the Principal i
default, notifies Surety Of the City's objection to the Principal's further participation in the
completion of the Work.
No right of action shall accrue on the bond to: or for the use of any person or corporation
other than the City named herein or the successors or assigns of the City. Any suit under this
bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Agreement or to the work to
be
performed thereunder or the Specifications accompanyingame sinae
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any
beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any
attorney in connoction with the enforcement of this bond, eachshall pay the City's reasonable
attorneys' fees incurred,with or without suit,in addition to the above sum-
In witness whereof, this instrument has been duty executed by the Principal and Surety above
named, on
February 18th
2016.
(SEAL) (SEAL)
American tractors Indemnity Company
,01 in (SU
-,lr co, General Enn, eerin 0
(Uo�nractor)
, 1 1 1 :B (Si orne —in—Fgct
't' Pietro
M ciche, _(Signature Att , i
_ __ 2" � _te 600,
ciche, (Signature Attorney
ignature�; Pietro M 1 s. rigueroa, s,uite
Address:60
(Seal and Notarial Acknowledgement Of Surety) Los Angeles, CA 90017
Telephone: 010 )-6-4-97-0-9-9-0---�
cD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CPAL CODE§1189
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 Angeles
On Februar 18th, .2616 before rile, Elisabete Salazar, Notary Public
Date Fere Insert Name and Title of the Officer
personally appeared Pietro Micciche
Name(s)of Signers)
,
who proved to me on the basis of satisfactory evidence to be the person( whose nameog) i
subscribed to the within instrument and acknowledged to me that heJ,qkqNWX executed the same in
hisft,00 authorized capacity(l ),and that by his/)q tKsignature(;4 on the instrument the person(g),
or the entity upon behalf of which the person(X)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 correct.
ZR
WITNESS my hand
and and official
f
222071
seal.
zz
lfnist Signature
aZ, I1I Sgnm w6lary
Public
Place Notary Seal.Above
OFTI't'?t►!U
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 bate:
Number of Pages: Signers) Other Than Named Above:
Capacityl(ies) Claimed by Signer(s)
Signer's Name: Signer's Dame:
Corporate Officer — Title(s): ID Corporate Officer — Title(s):
i Parkner 1. ,Limited I..:C General El Partner — i l Limited C'General -
mm; Individual �1 .Attorney in Fact [I Individual 0,Attorney in Fact
Trustee I.-]Guardian or Conservator El Trustee E]guardian or Conservator
i::,Other: ,..:.1 Other.
Signer is Representing: Signer Is Representing:
@2614 National Notary Association .www.NationaiNotary.org«1-800-US NOTARY(1-800-876-6827) Item 1158117
BOND No. 1001053169
Premium Included in
Performance Bond.
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Tryco
General Engineering (hereinafter designated as "Principal") have entered into an agreement (the
"Agreement") whereby Principal agrees to install and complete certain designated public
improvements (the "Work"), which said agreement, dated February 2, 2016, and identified as
CITRUS AVENUE & ORANGE AVENUE STORM DRAIN REPAIR PROJECT, Project
No.40089 is hereby referred to and made a parthereof; and
V4'hereas, under the terms of the Agreement, Principal is required before commending
the performance of the Work,to file a good and sufficient Labor and Material bond with the City
of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section
9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly
bound unto the City and al] contractors, subcontractors,laborers, material men and other persons
employed in the performance of the Agreement and referred to in the aforesaid Code of Civil
Procedure in the suin of One hundred thirty four thousand eight hundred dollars and zero cents
(S134,800.00) for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to
be included in the judginent therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 3
(commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or the specifications accompanying the same shall in any
manner affect its obligations oil this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition.
CD 7
in witness whereof,this instrument has been,duly executed by the principal and surety
above named, on February 18th,,,,.._, 2016.
(SEAL) (SEAL)
Tr co general Exgineern American Contractors Indemnity gotapany
(Contractor)
Surety)
` r µ
BY-. ,
(Srgn tore} Pietro cciche, (Sign
at�sr ) Attorney-in-Fact
Add ' ss:601 S. Figueroa St. , Suite 1600,
(Seal and Notarial Acknowledgement of Surety) Los Angeles2 AngelesCA 90 117
Telephone: (310 )649-0990
CD 8
CALIFORNIA ALL-PURPOSE O'S C L T" CIVIL.CODE§1189
A notary public or ether 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 An ales )
On February 18th,m2016 before me, Elisabete Salazar, Notary Public
Date Here insert Name and Title of the Officer
personally appeared Pietro Micciche
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person%) whose name(g) i
subscribed to the within instrument and acknowledged to me that he/gkooft executed the same in
hisrjijKk authorized capacity(*X),and that by hi.s/ Csignature(.*on the instrument the person(g),
or the entity Capon behalf of which the person(g)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
correct.
lLlABETE SALAZAR
Cornrni son 21 2207'' WITNESS my hand ar
n�d� official
.-s
.eal
Notary �ublio w CaliforniaClifornia
Lo,Angeles County Co nni, Expires ALIq 4, 2019 Signature
r" rgnature otary Public
Place(Votary Seal Above
OP770NAL
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 Cate:
Number of Pages: Signer(s) Cather Than Darned Above:
Capacity(ies) Claimed by Si ner(s)
Signer's Dame: Signer's Name
El Corporate Officer Title(s); _ F,Corporate Officer --- Title(s):
_.i Partner <Lirmted le:}General El Partner — [r I Limited U General
Individual r Attorney in Fact [3 Individual 0 Attorney in Fact
Trustee Cl Guardian or Conservator 0'Trustee L]Guardian or Conservator
L:1 Other: Other:.
Signer Is Representing Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org . 1-800-US NOTARY(1-800-876-6827) Item#5907
i
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE'PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name 'of:American. Contractors Indemnity Company, United States Surety Company, a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively,the"Companies"), do by these presents make,
constitute and appoint:
Patricia Zenizo,Elisabete Salazar or Pietro Micciche of Los Angeles California
its true and lawfiil Attomey(s)-in-fact, each in their separate capacity if more than.one is named above,with full power and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all Bonds, recognizances,undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ),
This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President,any Vicc President,any.AssistarttVice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions: -
Attaruey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolved that'the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to;any power of attorney or any certificate relating
thereto byfacsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of December,2014,
AMERICAN CONTRACTORS COMPANY TEXAS BONDING COMPANY
..
Corporate Seals UNITED STATESSURETY ComPANY U.S.SPECIALTY INSURANCE COMPANY
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y'NX. Daniel
9EPf.25,1990•On' ?W' •`V - ya= _ r a ' _ '
x,-. 'a ori WW :4. .�- a_
,;�.` : ;� Daniel I'.Aguilar Vice President
-.�
C�i}i��n�4`++~ '+'rrr"'rinlln Nn`.aa fOFT qp * _
Fotary public or.other officer completing this certificate verifies only the identity of the individual who signed the
ument to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California ....
County of Los Angeles SS:
On this Ist day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American
Contractors Indemnity Company,Texas Bonding Company;United.States Surety Company and U.S.Specialty Insurance Company who proved to me on
the basis of satisfactory evidence to be the person.vhose name.is subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity,and that by his signature on the instrumint.the person,or the entity upon behalf of which the person 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 correct.
WITNESS my hand and official seal.
MARIA G.RODRIGUEZ-WOtfG
Commission#2049771
Signature (Seal) z :x_� Notary Public-California z
z Los Angeles County >
M Cblttm.ExTres Dec 20,2017 4
I,Michael Chalekson,Assistant Secretary of American Contractors Indemnity Company,'Texas Bonding Company,United States Surety Company
and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by
said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in
full force and effect.
In Witness hereof,I have hereunto:set my hand and affixed the seals of said Companies at Los Angeles,California this I th _day
of February,
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1001053169 'a �.r ° _ _ _°� 'b= ��` -_� �"'t M Michael Cltalekson,Assistant Secretary
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Agency No. 3057 ORLfF08K1p
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