HomeMy WebLinkAboutContracts & Agreements_8-1998_CCv0001.pdf AGREEMENT
THIS AGREEMENT,made and entered into this 3rd day of February, 1998, 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 Schuler Engineering Corporation of the City of
Riverside, County of Riverside, 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 WORK: The Contractor will furnish all materials and will perform all of the work
for the following:
Removal of 19 natural gas engines from City pumping facilities, installation of 19 electric
motors, motor control centers, transformers, pumps, mechanical piping modifications, and all
associated components as shown on the drawings and required by the Contract Document and
Specifications for Natural Gas Engines Conversion to Electric Motors,Project No. 1-9808.
2. THE CONTRACT SUM: $1,962,000 in accordance with the terms and conditions set forth
in the Contract Documents.
3. TIME FOR COMPLETION: The work to be completed within three hundred sixty five
(365) 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 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 includes all of the contract documents
set forth herein,to xvit;Notice Inviting Bids, Instructions to Bidders, Proposals and Bid Form,Bid
Bond, Agreement,Faithful Performance Bond, Labor and Material Bond,Plans and 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.
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 $375,000.00 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 Contracts 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 Contracts Code Section 20104.2 shall extend the time limit or
supersede the notice requirements provided in this case from filing claims by Contractor.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
"I I t\
By; �
Mayor, Cit of Redlands, County
San Bernardino, California
ATTEST:
Deputy—
City
eputeCity Clerk, City of Redlands
County of San Bernardino, California (SEAL)
Schuler Engineering Corporation
Name of Contra
By:
Signature of Authorized Agent
President
Title
Signature of Authorized Agent(if necessary)
Title
389852
Contractor's License No.
i
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities Department
Natural Gas Engines Conversion to Electric Motors
Project No. 1-9808
Labor Code section 3700 provides, in part:
"Every employer except the State and all political subdivisions or institutions thereof, 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, 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 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.
Dated this 5th day of February 19 8
Schuler Engineering Corporation
(Contractor)
(Signature)
President
(Seal) (Official Title)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the
Contractor with the Owner prior to performing any work.)
----- 1 U 1 bib b=ib
Bond No. 8081566
PERFORMANCE BOND
WHEREAS, the City Council of the City of Redlands, State of California, and. Schuler Engineering
Corporation,owreinafter designated as"Principal")have entered into an agreement whereby Principal agrees
to install and complete certain designated public improvements,which said agreement;date
1991,and identified as Natural Gas Engines Conversion to Electric Motors,Project NO. 1-9808 is
hereby referred to and made a part hereof,and
WIMREAS,said Principal is required under the terms of said agreement to furnish a bond for the faithful
performance of said project.
Maryland
Now,Therefore,said Principal and Fidelity and Der)osit Company of -, as surety, are
held firmly bound unto the City of Redlands(hereinafter called"City')in the penal sum of One Million Nine
Hundred Sixty Two Thousand Dollars(S 1,962.,000)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 Kers 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 alternation 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 part of the obligation secured hereby and in addition to 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 judgement rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition w the terms
of the agreement or to the work to be performed thereunder or the specifications accompanying the same
Shall in anyway affect is 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 names, on
Feb 5, 19,x,8
(SEAL) (SEAL)
Schuler Engineering Corporation Fidelity and Deposit Company of Maryland
{Con (Su4a )
{Signature} (Si
Michael R. Attorn€v-in-Fact
Address: 2550 lioll,� ood Way #201
Burbank CA. 91505
(Seal and Notarial Acknowledgment of Surety) Telephone No. (8l$ 846-4100
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE,BALTIMORE.MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland,by C. M.PECOT,JR.,Vice-President,and C.W,ROBBINS.Assistant Secretary,in pursuance of authority granted by Article
V1, Section 2,of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
�_c
nd ffect on the date hereof, does hereby nominate, constitute and appoint Michael R. Langan of Pasadena, Calif
s true an- lawful agent and Attorney-in-Fact,to make,execute,seal a er,for, r is b�ehalf surety,�adasts act and deed:
n and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . . .
any
0
n e execution of such bonds or undertakings in pursuant se prese 11 be as binding upon said Company, as fully and
amply, to all intents and purposes. as if they had been duly e and acknged by the regularly elected of11
of the Company
at its office in Baltimore, Md., in their own proper perso w is po � of attorney revokes that issued on
behalf of Michael R. Langan, dated, ember 0985.
The said Assistant Secretary does hereby certify tha xtract setcn the reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is now i °
IN WITNESS WHEREOF, the said Vice-Presi d Assistan�cretary have hereunto subscribedtheirnames and affixed the
Corporate Seal of the said FIDELITY AND DECO COMPA10 ARYLAND, this------------- -------------- ---------------------day of
------- p r i l--------------------> A.D. 19__93 a
FIDELIT ' DEPO MPANY OF MARYLAND
ATTEST. .SEAL
-M•..a By
Assistant Se vice- esideni
STATE OF MARYLAND t ("n\
COEN`TY OF BALTIMORE
ss-
On this--- h---day of---April---------------- A.D. 19_-93, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS,Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding
instrument,and they each acknowledged the execution of the same,and being by me duly sworn.severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
x c ---
CAROL J. FADER / r Notar- Public
/
MyCommission Expires-------------------August 1_,_196_-___-_--__-__
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSYT COMPANY OF MARYLAND,
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon
the Company with the same force and effect as though manually affixed.,,
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this -5th---
day of------ brUaI7______________________ 19_-8.
-----------------------------------------
---_-_-----_---_----- - -- — ---
�-y
-i +'f t� /� Assistant Seeretr�r}•
LI42k -01�-7454
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
N"
County of Los AnCteles _
On Feb. 5, 1998 Judith II McNiff, Notary lic a�
before me, rrt
DATE NAME,T(TLE OF OFFIZEP-C-'itNL DGe.^;',',rAFY',BBJc �tUr
�4
personally appeared rti.chael R. Langan
NAME(S)OF SIGNeRt:)
personally known to me - 4R • ❑ proved to me on the basis of satisfactory evidence
to be the person(t) whose name)
subscribed to the within instrument and ac-
knowledged to me that he/s`h'64 : executed
the same in hisltai-` authorized
capacity( , and that by his/r4,C5 x= XX
signature(g) on the instrument the persona ,
or the entity upon behalf of which the
person(z;) acted, executed the instrument.
WITNESS my hand and official seal,
0P NAL �r
Though the data below is not required by law,it may prove valuable to persons relying on the document and coup prevent
traudutent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
Cl CORPORATE OFFICER Performance Bond
TITLE OR TYPE OF DOCUMENT
TITLE(S)
r
PARTNERS) �ICIITED
GENERAL _
jii A" TC)RNEY.iN-FACT NUMBER OF PAGES "v
i _i TRUSTEE{S}
GUARDIAN/CONSERVATOR 2-5-98 1V
u OTHER:
CA T E C Y DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PER *St 0A FNT°TY(IES3
Fidelity and Deposit. CoT ar: cif J
_ SIGNER(S) OTHER THAN NAMEv
t tib.
(1v1933 NATIONAL t+OTARY ASSOCIATION•8;36 Remmet Ave.,P 0.Sox 71W-r$., ;a CA 9,S;9?i
tJ�—�JJ-1�7� �U•t7yHf'i 1- _...
KUt'i --- —
�ll
� Bond No. 8081566
LABOR AND MATERIAL BOND
.I
WHEREAS, the City Council of the Ci
u ty of Redlands, State of California and Schuler Engineering
I COP°T$non(hereinafter designated as"Principal')have entered into an agreement whereby Principal agrees
to install and complete certain designated Public improvements, which said agreement, dated
19Q$, and identified as Natural Gas Engines Conversion to Electric Motors, Project No. l-
is hereby referred to and made a part hereof; and 9808
AREAS,under the terms of said agreement,Principal
of the work, to file a good and sufficient required before entering upon the performance
which reference is made in Title 15 (comm ding with Section 3082 of Part 4 of Dind with the City of Redlands to vision of the the
to
Code of the State of California. Civil
Now,'Therefore,said Principal and the undersi
Of Redlands and all contractors, subcontractors, laborers,matericorporate almen,�ety'and are held firmly bound unto the City
t�orn""e of the aforesaid agreement and referred to in the aforesaid ode of Ci per-
employed in the
h One ofanyn Nine Hundred Sixty Two'Thousand Dollars($1,962,000) for materials furnished or labor
dure in the sum
thereon of any kind,yr for amounts due under the Unemployment
or labor,that said sure will a the P yment Insurance Act with respect to such work
n' pay same in an amount not exceeding the amount herein
also in case suite is brought above set forth,and
reasonable expenses
this bond, will pay, m addition to the face amount thereof, costs and
and fees, including reasonable attorney's fees, incurred by rhe 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 theludgement therein rendered.
It is hereby essly 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 15 (commendingwith SeCtion 308?)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 S=ty 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
Feb. 5, 1998
19—
(SEAL)
Schuler Engineering Corporation Fidelity and Deposit_Company of(SEAL)
(Contractor,}-
yland
(S
(Sioil e)
MichaelLori atur��
orney-in-"Fact
Address: 2550 N. Hollywood Way #201
Bt�rhank (A 81505
(Seal and Notarial Acknowledgment of surety)
"I'elaphoneNo. e18) 846-4100