HomeMy WebLinkAboutContracts & Agreements_19-2006_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this nth day of January , 20-B by and between
the City of Redlands, a Municipal Corporation, organized and existing under the laws of the State of
California, hereinafter referred to as the "City" and Power Management, Inc. of the City of Goleta,
County of Santa Barbara, State of California, hereinafter referred to as the "Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
1. SCOPE OF WORD: The Contractor will furnish all materials and will perform all of the work
for the following:
Perform a "modified' top end overhaul on the Deutz engine, complete all as required by the
Contract Documents and Specifications for PURCHASE AND INSTALLATION OF
EQUIPMENT FOR THE ELECTRICITY CO-GENERATION FACILITY AT THE
WATER RECLAMATION FACILITY.
2. THE CONTRACT SUM: $145,146.35 in accordance with the terms and conditions set forth
in the Contract Documents.
A. Pursuant to Section 22300 of the California Public Contract Code, 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 under this Contract to be completed within thirty
(30)calendar days from and after the date of the Notice to Proceed.
4. LIQUIDATED DAMAGES: Failure of the Contractor to complete the work within the time
allowed will result in damages being sustained by the City. Such damages are, and will
continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to
the City, or have withheld from monies due it, the sum of$500 for each consecutive calendar
day in excess of the specified time for completion of the work.
Execution of the Contract shall constitute agreement by the City and Contractor that $500 per
day is the minimum and actual damage caused by the failure of the 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 the Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: The complete contract documents under this Agreement
include all of the contract documents set forth herein, to wit; Notice Inviting Bids, Instructions
to Bidders. Proposals and Bid Form, Bid Bond, Agreement, Performance Bond, Labor and
Material Bond, Plans, General Conditions, Special Conditions, Technical Provisions, and
Specifications and any addenda thereto.
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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.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the 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 California 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 California. 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 any
subcontractors agree to abide by California Public Contract's 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 hereto of any rights or
interests under this agreement will 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, its partners,
successors, assigns, and legal representatives 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.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
PURCHASE AND INSTALLATION OF EQUIPMENT
FOR THE ELECTRICTIY CO-GENERATION
FACILITY AT THE WATER RECLAMAITON
FACILITY
Labor Code Section 3700,Provides, in part:
"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 insure
duly authorized to write compensation insurance in this State. r
(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 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.
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
the work of this contract. (Labor Code section 18 such provisions before commencing the Performance of
61)
Dated this 2.1;1* day of%ILiA�,200(o.
(COactor)
(Signature)
(Official Title)(SEAL)
(Labor Code section 1861 provides that the above certificate must
the Owner prior to Performing the work of the contract.) be signed and flied by the Contractor with
CD 4
Bond#K0717746A
PERFORMANCE BOND
Whereas, the City Council of the City of Redlands, State of California, and Power Management,Inc.
(hereinafter designated as "Principal") have entered into
an agreement whereby Principal agrees to construct new reservoirs, which said agreement, dated
January 17,, 20 06 , and identified as PURCHASE AND INSTALLATION OF EQUIPMENT
FOR THE ELECTRICTIY CO-GENERATION FACILITY AT THE WATER RECLAMATION
FACILITY is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said project.
Now, therefore, said Principal and Westchester Fire Insurance Company
firmly bound unto the City of Redlands(hereinafter call "City"), s as surety, are held
Thousand One Hundred Fort Six and 35/100 in the penal of One Hundred Forty Five
y Dollars($ 145,146.35 } lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, 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 hers heirs, executors,
administrator, 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 said agreement and any alteration thereof made as
therein provided, or his or their 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 meaning, and shall defend, indemnify and
save harmless the City, 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 the face amount specified therefore, there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety 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 accompanying the
same shall in anywise affect its 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.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
January 25 20 06
(SEAL) (SEAI:
Powe nagemen Inc. Westchester Fire Insurance Company
ntrac
r u Surety)
BY
(Signature) Si atu
Linda Thornbrugh, tttney-> -Fact
Address: Two Liberty Plaza, 1601 West Chesnut St.
Philadelphia,PA I9103
(Seal and Notsrial Acknowledgment of Telephone( )
Surety)
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IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement the day and year f
written above, y first
(SEAL) City of Redlands
(Owner)
By:
yor,City of Redlands, County of
ATTEST: an Bernardino, California
*nrl,��Citi lerk,Cds
County of Sa , California
(SEAL)
Name of C tar
By:
Signature of Authorized Agent
plz-9—$
Title
Signature of Authorized Agent(if necessary)
Title
CD3
S,
er of WESTCHESTER FIRE INSURANCE COMPANY 1116585
Attorney 0
X25502
191,
I Know all men by thesepresents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the State of New York,having its a
I principal office in the City of Atlanta Georgia,pursuant to the following Resolution,adopted by the Board of Directors of the said Company on Nov=ember$,1999,to
wit:
RESOLVER,that the following Aulrs shall govern the execution for the Cotnpaay ofbonds,undertakings,r ogttizat ccs contracts and other writttags in the nature thereof
{ti 'niat the President,.any Senior rice President;any Vice President,and Assistant TicePresident,or any Attorney-i'4ipt,stay execute fin and on behalfof the Company any and all bonds,undertakings,recogniEances.
contracts and other writings in the nature thereofthe sante to be attested when necessary by the Corporate Secretary,or at t>J Assistant Corporate Seemiarv,and the Seal of the Cottgtany affixed thereto and that the
it
Presidorn,any SmVice(+resident,an Vice President or any Assistant Vire I?reai tern y appoint antl anthotlas grip othar ofgeer telocied or appointed)pfthe Company,as Attorneys-h4iwtto so to or attest to
the execution afWl such writings on behalf of the Conipany and to affix the seat of the Company thereto.
(2) Any such writing executed in accordance with these Rifles shalt be as binding upon the COnVOY in any ease as though signed by the President and attested to by the corporate Secretary.
(3) 77so aigteature uPthe Presideirt,or a Senior Vic¢Presittettt,or a Wine President,nt ant Assistant vice Pres t:and the seat oftb r ttpany rrtay'l a And by,*acsirts"!e cot stry pow•et of attorney granted pursuant to this
itesoluaon,and the Signature of a uertifyiitg offieet and ttte seat of futnpany tnay be atrtzed b3 facsinulo to my oeriifiam,of any ouch power;and any such power oa Certificate bearing swh facamilo sfgnatuto and seal
ahat be valid and binding on the Company,
(d� Such other ttfrtCCrS of the start ar y,a»d'Jkttarneys Irl NaCt Short have authority Ec iCy ori rift'cop'tss;z f dais lLeratut- the 8t'-i awn of the Con>patty,aitd any atRdauit or record bf zhe Coanpany ncotasas to the
duchatge of their duties.
f5)
The passage 9411 s Resatution does not revoke any earlier antlwrbty grantad by Rosotutior�c of tha Xitrard of Directors
Does hereby nominate,constitute and appoint JEAN A.BRIt,L,MAkK:, .BUSH, E ANIE BLACK,SOPHIA J.PA.PA.RONIS and LNDA ,
THORNBRUGH all of the City of 61dahoma City,State of Oklahoma,each individually if there be,more than one named,its true and
lawful attorney-in-fact,,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and
other writings in the nature thereof in penalties not exceeding Ten Million Dollars(SIO anti the execution of such writings in pursuance ofthese
presents shall be as binding upon said Company,as fully and amply as if they had been:duly executed and ackrnvledged by the regularly elected otTtcers of
I the Company at its principal office.
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the corporate seal of the
said WESTCHESTER FIRE INSURANCE COMPANY this 29th day ofAugtst 2045„
ki&Sp WESTCHESTER FIRE INSURANCE COMPANY
S �
Stephen M.Haney,Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss,
On this 25th dap of August AX),2005,before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia
came Stephen M,Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and
r officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the
corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and I
that Resolution,adopted by the Board of Directors of said Company,referred to inthe preceding instrument,is now,in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
,t,1 atl i
Irk
NC}'I: IAL SEAL
7:f Kathleen Tim,Notary Public ` -� �4
l r - Philadelphia,ftttiladelphiacruaty
'i icy somolssion upires a ft rt.e :,2051 Notary€aublic'.
1,the undersigned Secretary of WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF
ATTORNEY,of which the foregoing is a substantially true and correct Copy,is in full force and effect.
In fn s whereof,l have laereuntu subecn-bed my naive as Secretary,dart at'BXed the corporate seal cat the Corporation,this day of
sc George D.Mulligan.Secretary
s
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN'INCEPTION DATE AFTER August 25,2007,
I
Bond #K07177471
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Power Management,Inc.
(hereinafter designated as "Principal") have
entered into an agreement whereby Principal agrees to construct new reservoirs, which said agreement,
dated January 17, - 2006 , and identified as PURCHASE AND INSTALLATION OF
EQUIPMENT FOR THE ELECTRICTIY CO-GENERATION FACILITY AT THE WATER
RECLAMATION FACILITY is hereby referred to and made a part hereof; and
Whereas, under the terms of said agreement, Principal is required before entering upon the performance
of the work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 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 of Redlands and all contractors, subcontractors, laborers, material men and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
thesum OfOne Hundred Forty Five Thousand One Hundred Forty Six and 35/100
Dollars ($jj5,146-35 ) 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 attorney's fees, incurred by the City of
Redlands 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 judgment therein rendered.
It is hereby expressly Stipulated and agreed that this bond shall insure to the benefit of any and all
pet-sons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division 3 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 said agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
January 25 2006
Pow"�nagemc lnc. (SEAL) Westchester Fire Insurance Company (SEAL)
X
4o (Surety)
B
tSigmature) 7 (Sig ugg)
Linda Thornbrugh, Atto-fray-ifi-Fact
Address:Two Liberty Plaza, 1601 West Chesnut St.
Philadelphia, PA 19103
(Seal and Nc)tarial Acls'nowledgrnent of Surety) Telephone
CD 0
-ower4f WESTCHESTER INSURANCE COMPANY
� 1116586
2550
Know all men by these presents.That WESTCHESTER FIRE INE NcE COMPANY.a corporation of the State of New York,having its
principal office in the City of Atlanta,Georgia,pursuant to the following Resolution,adopted by the Board of Directors of the said Company on November 8,1999,to
wit:
"RESOLVED,that the following Rules shall govern the execution for the Company of bonds,undertakings,recagni antes,contracts and other writings in the nature thereof
(l) That the President,any Senor Vice President.any Vice President;and Assistant Vice PrestdenY,or any Attorney-in-Fact,tray execute for and on behalfOf the Company arty and all bonds,undertakings,recognisances,
contracts and other writings in the nature thereof,the same to be attested when necessary by the Corporate Secretary,or artyAssistant Cotpontte Secretary,and the seat of the Company affixed lbersto;and that the
President,any:Senior Vice President,any Visa President or any Assistant Vice President may appoint and authorize any other Officer(etecred:or appointed)of the Company,as Attorneys-In-Pact to so execute Or attest to
the execution Of all such writings an behalf of the Company and to affix the seal Of the CompaIny thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the CompatsY in any case as though signed by the President and attested to by Corporate Secretary.
0) 71W signature ofthe President,Or a Senior Vice President,ora Vice President,or an Assistant Wice President attd the seat of the Company may be attixad by faesimile on any power of attorney gtmted pursuant to this
Resolution,and the signature of a terrifying Officer and the seal Ofthc Company troy be affixed by facsinale to airy certificate ofany such power,and any such power or cer#ifieatu bearing such facsirrtile sr s aut t this
seal
shall be valid and binding on the Company.
Such Other
() discharge ofttheiirduties fficm a Y,spit Attorneys-tet-!act shall have authority to carti'Iy or verify espies of this kesolution,the ay-Laws of the COrnpany,and any affidavit or record of the Company necessary to the
t 7 The passage of this Rasobution does not revoke arty carrier authority granted by Resolutions ofttre Board of bireetors:"
Does hereby nominate,constitute and,'appoint JEAN A.BRILL,MARK w.BUSH,MELANIJE BLACK,SOPHIA I.PAPARONIS and LINDA
THORNBRUGH all of the City of Oklahoma City,State of Oklahoma,,each individually if there be more than one named,its true and
lawful attomey-in-fact,to make,execute,seal and deliver on its behalf,and as its act and Beed any and all bonds,undertakings,recognizances,contracts and
other writings in the nature thereof in penalties not exceeding Ten Million Dollars($10,000,000)and the execution of such writings in pursuance of these
presents shall be as binding upon said Company,as fully and amply as if they had been duty executed and ackowledged by the regularly elected officers of
the Company at its principal office.
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the corporate seal of the
said WESTCHESTER FIRE INSURANCE COMPANY this 25th day of August 2005.
i18Sp� v, WESTCHESTER FIRE INSURANCE COMPANY
Stephen M.Haney,Vice President
COMMONWEALTH OF PENNSYLVANIA
p COUNTY OF PHILADELPHIA ss.
i On this 25th day of August..A.D.2005,before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia
came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and
i officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the
corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation;and i
r that Resolution:adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written,
trri3 i,ittytt,t
NO SEAL
SEAL -
Kathleen .Notary Public
� �iTPi
f;r-z FhilaMphia,Philadelphia County —
' 'y -
my commisdon expim Septet�le''42,M! Notary public
I,the undersigned Secretary of WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF
ATTORNEY,of which the foregoing is a substantially true and correct copy,is in full force and effect.
In witness whereof,I have hereunto subscribed my name as Secretary,and affixed the corporate seal of the Corporation,this day of
George D.Mulligan,Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER August 25,2007,