HomeMy WebLinkAbout2000-08-08; City Council; 15860; Computerized Maintenance Management System‘ . Cl1 r OF CARLSBAD -AGENDA ~,LL
I- 1% 860 (TITLE:
APPROVAL OF CONTRACT AND APPROPRIATE FUNDS TO
MTG. 8/8/00 PROVIDE A COMPUTERIZED MAINTENANCE MANAGEMENT
SYSTEM FOR FACILITIES MAINTENANCE
DEPT. PWiGS CONTRACT NO. FACOO-01 I CITY MGR. ziie
RECOMMENDED ACTION:
Adopt Resolution No. a@&& approving a contract with Bender Engineering to provide a
Computerized Maintenance Management System (CMMS) for Facilities Maintenance Contract No.
FACOO-01 , and appropriating funds.
ITEM EXPLANATION:
Implementation of a Computerized Maintenance Management System (CMMS) for Facilities
Maintenance is needed to improve customer service to the occupants and users of City facilities,
improve reliability via preventative maintenance, reduce costs, and provide factual information for
future capital planning.
Currently, staff uses a manual work order system that process approximately 100 requests for
maintenance work per month. Work requests are initiated via a Work Order form, which originates
from the requester verbally, by telephone or by e-mail. The request goes through a work flow
process that is proven to be very inefficient, time consuming, and provides satisfactory customer
service. The CMMS described below will greatly improve customer services for facility
maintenance.
The CMMS, consisting of a new computer software system, will operate on the existing computer
network and workstations, and reside on a server computer located at Faraday and connected to
the City’s Wide Area Network. The new system will expedite the request process by creating an e-
mail and a web interface link to the CMMS, which clients can use to submit requests. The system
will be capable of capturing the data from the e-mail or web interface request and copying it directly
into a system work request/work order. This will expedite the request entry process, and eliminate
clerical time to enter the requests manually.
The CMMS will standardize all requests on the Work Order forms. This will immediately improve
the tracking of work, and condense the work flow into one consistent process. Once the request is
accepted and entered into the system as a work order, the system will generate a reply to the
sender, via e-mail or web interlink, notifying staff that his/her request has been processed into the
system. This will promote good “customer relations” by providing the clients with acknowledgment
of their request.
Finally, the CMMS will have the capability to generate a “work order report” to the e-mail or web
interlink address of the client, on demand. This will enable a supervisor or clerk to easily send a
copy of the work order to the client, indicating the status of a work order, date to be completed,
awaiting delivery of parts, completed, etc.
On March 14, 2000, City Council approved contract documents, scope-of-work and specifications,
and a request for proposals was issued. Four proposals were received as follows:
DPSI Solutions $10,240
Four Rivers Software $26,550
Bender Engineering $26,740
Datastream Systems $40,125
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An evaluation team was created that consisted of staff from Facilities Maintenance, Information
Systems and a facilities maintenance software consultant to conduct interviews and receive
software demonstrations from the vendors. During the interviews and demonstrations, the
evaluation team evaluated proposals based on a combination of price, proven performance and
services.
At the conclusion of the interviews and demonstrations, it was the opinion of the evaluation team
that Bender Engineering’s proposal was superior to the other proposals. Some of the key factors
for selecting Bender Engineering are as follows:
0 All CMMS requirements by the City are featured in Bender Engineering’s software.
0 Software simplicity. Individuals with limited computer skills can understand the system.
l Bender Engineering provides outstanding support services.
0 Many California cities are using Bender Engineering software (i.e. Carson, Santa Clarita,
Port Hueneme, etc.).
l Their headquarters is located in Southern California (Los Alamitos). The other three
vendors are located in Eastern Time Zone, which could hamper support services.
Bender Engineering’s proposal was for $26,740. This cost is for the purchasing, installation and
training of the software. In order for the CMMS to be successful, a considerable amount of time is
needed to collect and enter data into the computer (i.e. inventory parts, coding system,
preventative maintenance schedule, etc.). Staff does not have the resources to perform this task.
Therefore, staff negotiated with Bender Engineering a proposal to implement the CMMS. The
implementation cost will be an additional $22,260. The total cost to purchase, install, train,
implement and provide support services for a CMMS from Bender Engineering will be $50,000.
This project will address the Council Goals as described below.
Strategic Goal A: “Ensure the effective and efficient delivery of top-quality services to
our community.”
Operational Goal AZ: “Continuously improve work processes through the use of best
technology, information-sharing, effective cross-departmental
teams, and all City resources.”
This project is also one of the Goals for Public Works/General Services. This specific Goal is
described as follows:
“Coordinate and assist in the implementation of a Maintenance Management Program for
Fleet, Facilities and Parks in collaboration with Information Systems and other Public Works
divisions which tracks work orders, employee productivity, budget process, inventory and provides
scheduled maintenance programming.”
FISCAL IMPACT:
The total cost for the CMMS is $50,000. This amount was not included in the FY2000-01 adopted
budget, and therefore additional funds in the amount of $50,000 are needed for the Contract. Staff
anticipates that the CMMS will be fully operated within 6 months.
EXHIBITS:
1. Resolution No. ~&%%~6 approving and awarding the attached contract to Bender
Engineering to provide a Computerized Maintenance Management System (CMMS) for
Facilities Maintenance Contract No. FACOO-01, and appropriating funds.
2. Agreement.
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RESOLUTION NO. 2ooo-256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING BID AND AUTHORIZING THE EXECUTION OF
CONTRACT NO. FACOO-01 TO PROVIDE A COMPUTERIZED MAINTENANCE
MANAGEMENT SYSTEM FOR FACILITIES MAINTENANCE AND
APPROPRIATING FUNDS
WHEREAS, proposals have been received by the City of Carlsbad, California to provide a
Computerized Maintenance Management System (CMMS) for Facilities Maintenance, Contract
No. FACOO-01; and
WHEREAS, an evaluation team was created to review the proposals and conduct
interviews and software demonstrations from the vendors; and
WHEREAS, the evaluation team selected a vendor whose proposal contains the most
advantageous combination of price, proven performance and services; and *
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. The contract with Bender Engineering to provide a Computerized Maintenance
Management System, Contract No. FACOO-01 is hereby approved and the Purchasing Officer is
hereby authorized to execute a purchase order for this project.
3. That the Finance Director is hereby authorized to appropriate $50,000 from the
General Fund balance to pay for this project.
4. That the City Manager is hereby authorized and directed to execute the contract
for and on behalf of the City of Carlsbad with Bender Engineering for a Computerized
Maintenance Management System.
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4. That the City Manager is hereby authorized and directed to execute the contract
for and on behalf of the City of Carlsbad with Bender Engineering for a Computerized
Maintenance Management System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 8th day of August I 2000 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, and Nygaard.
(SEAL)
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AGREEMENT
(Bender Engineering)
THIS AGREEMENT is made and entered into as of the 11th day of
September I 2000, by and between City OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and BENDER ENGINEERING, a
corporation, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a maintenance management Contractor to provide
the necessary services for the purchase and implementation of a Computetized
Maintenance Management System (CMMS) for City’s Facilities Maintenance Division;
and Contractor possesses the necessary skills and qualifications to provide the services
required by City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. CONTRACTOR’S OBLIGATIONS
Contractor will provide the MainStar Maintenance Management System, Version
8.4, hereafter referred to as SOFTWARE and will provide services as described in the
attached “Exhibit A”, entitled “SCOPE OF SERVICES”, which is incorporated herein by
reference. Contractor will also provide software maintenance services as described in
the attached “Exhibit C”, entitled “SOFTWARE MAINTENANCE AGREEMENT” which is
incorporated herein by reference and which shall survive the expiration of this
Agreement.
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2. CITY OBLIGATIONS
City shall be responsible for such information, services, and support described in
the attached “Exhibit B”, entitled “CITY’S RESPONSIBILITIES”, which is incorporated
herein by reference.
3. PROGRESS AND COMPLETION
The work under this Agreement will begin within ten (10) days after Agreement
signing and be completed within one hundred eighty (180) calendar days of that date.
The Public Works Manager/General Services may grant extensions of time if requested
by Contractor and agreed to in writing. The Public Works Manager/General Services
will give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of Contractor, or delays caused by
City inaction or other agencies’ lack of timely action.
When work is completed, Contractor shall submit to City a written notification
listing the tasks completed. After receiving said notification, City shall have ten (10)
working days to test the CMMS to ensure that it is working properly in accordance to
“Exhibit A” and without failures. If City accepts the CMMS, a written letter confirming
City’s acceptance will be sent to Contractor, and City will release the 10% retention, as
stated in Paragraph 4 below, to Contractor.
4. FEES TO BE PAID TO CONTRACTOR
As further described in attached “Exhibit D”, which is incorporated herein by
reference, the total fee payable for the services to be performed shall be $50,000. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 7, “Changes in Work.” City reserves the right
to withhold a ten percent (10%) retention until City has accepted the project.
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City may increase the number of user licenses as agreed upon in this
Agreement. An increase in the number of user licenses will be reflected by written
amendment to this Agreement, pursuant to Paragraph 7 below. Contractor agrees to
sell and install additional user licenses to City at a fee of $5,000.00 per user license. In
addition, Contractor agrees to sell and install additional Software modules to City at a
fee of $3,500.00 per module. City understands that the fee for certain specialty
modules will exceed the standard fee for modules mentioned above.
5. DURATION OF CONTRACT
This Agreement shall extend for a period of one year from date thereof. The
Agreement may be extended by City Manager for two additional one (1) year periods or
parts thereof. Extensions will be based upon a review of satisfactory performance and
City’s needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended Agreement.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to Contractor within 30
days of receipt of the invoice.
7. CHANGES IN WORK
If, in the course of the Agreement, changes seem merited by Contractor or City,
and informal consultations with the other party indicate that a change in the conditions
of the Agreement is warranted, Contractor or City may request a change in Agreement.
Such changes shall be processed by City in the following manner: A letter outlining the
required changes shall be fonnrarded to City by Contractor to inform them of the
proposed changes along with a statement of estimated changes in charges or time
schedule. A Standard Amendment to Agreement shall be prepared by City and
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approved by City according to the procedures described in Carlsbad Municipal Code
Section 3.28.172. Such Amendment to Agreement shall not render ineffective or
invalidate unaffected portions of the Agreement.
a. WARRANTIES.
The warranties enumerated in this Paragraph 8 shall commence upon
City’s acceptance of the software and remain in effect for one year after acceptance or
the term of any maintenance agreement signed by the parties, whichever is longer. A
breach of any of these warranties by Contractor shall constitute a Material Breach under
this Agreement. This Paragraph 8 shall survive the expiration of the Agreement.
Warranties:
A. Contractor has title to the Software.
B. The Software will be free of known viruses, worms and Trojan
horses, and any code designed to disable the Software because of the passage of time,
alleged failure to make payments due, or otherwise (except for documented security
measures such as password expiration functions);
C. During the Warranty Period, the Software will perform in conformity
with the Specifications and Requirements. Specifications and requirements shall mean:
All written or electronic materials relating to the use or function of the software are
provided by Contractor to City or generally made available by Contractor, including but
not limited to reference, user, installation, systems administration and technical guides
and manuals, and functional and technical specifications. Contractor will, at its
expense, correct any errors in the software attributable solely to Contractor or their
assigned or sub-contracted parties.
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D. All Documentation is in all material respects complete and
accurate, and will enable information technology professionals and other City
employees with ordinary skills and experience to utilize the Software for all purposes for
which it is being acquired by City. The Documentation will be updated to reflect all
releases of the Software and any and all other modifications, enhancements, updates,
error corrections, improvements and the like provided by Contractor, and all such
updates will be of equal or greater quality to the initial Documentation provided to City
and will be delivered to City within thirty (30) days after the release, modifications,
enhancements, updates, error corrections or improvements to which the Documentation
update applies has been delivered to City;
E. The Software products are and will be general release versions that
have been fully tested at Contractor’s site in accordance with industry standards, and
are not beta or pre-release versions; and
F. All work performed by Contractor and/or its subcontractors
pursuant to this Agreement shall meet industry accepted standards of excellence, and
shall be performed in a professional and workmanlike manner by staff with the
necessary skills, experience and knowledge.
9. ADDITIONAL SERVICES
City may require additional services on a project by project basis to assist with
operation and/or desired functionality of the CMMS. When additional services are
requested, Contractor will provide City with a written proposal for each requested
project, which may be accepted or rejected by City. If accepted by City in writing, and
upon completion of the project, Contractor shall submit an invoice to City for approval.
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10. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that their firm has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or persoh,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fees, gift, or contingent fee.
11. COMPLIANCE WITH LAWS AND ORDINANCES.
Contractor agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the performance
of its obligations under this Agreement, including but not limited to all applicable federal,
state and/or local laws regarding employment practices and discrimination.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
Agreement, the following procedure shall be used to resolve any questions of fact or
interpretation not otherwise settled by agreement between parties. The project
manager of Contractor or City’s Public Works Manager/General Services, if they
become identified as a part of a dispute among persons operating under the provisions
of the Agreement, shall reduce such questions, to writing a letter. A copy of such
documented dispute shall be forwarded to both parties involved along with
recommended methods of resolution, which would be of benefit to both parties. Either
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the project manager or the Public Works Manager/General Services receiving the letter
shall reply to the letter along with a recommended method of resolution within ten (10)
business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a
letter outlining the disputes shall be forwarded to City Council through the Office of the
City Manager. The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be binding upon the parties
involved, although nothing in this procedure shall prohibit the parties from seeking
remedies available to them at law.
13. TERMINATION OF CONTRACT
Along with the other remedies available City in this Agreement, in the event of
Contractor’s failure to prosecute, deliver, or perform the work as provided for in this
Agreement, the City Manager may terminate this Agreement for nonperformance by
notifying Contractor by certified mail of the termination of the Agreement. Contractor,
thereupon, has five (5) working days to deliver all computer programs, files,
documentation, data, media related material, any other materials and equipment owned
by City and all work in progress to the Public Works Manager/General Services. The
Public Works Manager/General Services shall make a determination of fact based upon
the materials delivered to City of the percentage of work, which Contractor has
performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding as reported to the City Manager, the City Manager shall
determine the final payment of the Agreement.
This Agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of City, Contractor shall assemble the work product and put same in order
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for proper filing and closing and deliver said product to-City. In the event of termination,
Contractor shall be paid for work performed to the temlination date; however, the total
shall not exceed the lump sum fee payable under Paragraph 4 of this Agreement. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
14. SUSPENSION OF SERVICES
Notwithstanding anything to’the contrary in this Agreement, in the event that City
disputes in good faith an allegation of default by Contractor, Contractor agrees that it
will not terminate this Agreement or suspend or limit any of its performance obligations
or warranties or repossess, disable or render unusable the software, unless 1) the
parties agree in writing, or 2) an order of a court of competent jurisdiction determines
otherwise.
15. ASSIGNMENT.
Contractor shall not assign this Agreement or any part thereof or any monies due
there under without the prior written consent of City. Any assignment attempted without
the written consent of the other party shall be void. For purposes of this Agreement, the
term “assignment” shall include any transfer of rights or obligations under this
Agreement to a successor by merger or consolidation or to any person or entity that
acquires all or substantially all of Contractor’s capital stock or assets, and shall include
Contractor’s assignment of this Agreement to any person or entity to which Contractor
transfers any of its rights in the Software.
16. CLAIMS AND LAWSUITS
Contractor agrees that any contract claim submitted to City must be asserted as
part of the contract process as set forth in this Agreement and not in anticipation of
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litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly
submits a false claim to a public entity. These provisions include false claims made with
deliberate ignorance of the false information or in reckless disregard of the truth or
falsity of information. If City seeks to recover penalties pursuant to the False Claims Act,
it is entitled to recover its litigation costs, including attorney’s fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative
debarment proceeding wherein Contractor may be prevented to act as a Contractor on
any public work or improvement for a period of up to five years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to disqualify
Contractor from the selection process. 27 (Initial) “;p (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference.
(Initial) (Initial)
17. JURISDICTION
Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Agreement is San
Diego County, California.
18. STATUS OF CONTRACTOR
Contractor shall perform the services provided for herein in Contractor’s own way
as an independent contractor and in pursuit of Contractor’s independent calling, and not
as an employee of City. Contractor shall be under control of City only as to the result to
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be ,accomplished, but shall consult with City as provided for in the request for proposal.
The persons used by Contractor to provide services under this Agreement shall not be
considered employees of City for any purposes whatsoever.
Contractor is an independent contractor of City. The payment made to
Contractor pursuant to the Agreement shall be the full and complete compensation to
which Contractor is entitled. City shall not make any federal or state tax withholdings on
behalf of Contractor or its employees or subcontractors. City shall not be required to pay
any workers’ compensation insurance or unemployment contributions on behalf of
Contractor or its employees or subcontractors. Contractor agrees to indemnify City
within 30 days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers’ compensation payment which City may be required
to make on behalf of Contractor or any employee or subcontractor of Contractor for
work done under this Agreement or such indemnification amount may be deducted by
City from any balance owing to Contractor.
Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this Agreement.
19. INDEMNIFICATION.
To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City and City’s officers, agents and employees from and against any
and all loss, damages, obligations, liabilities and expenses (including reasonable
attorneys’ fees) that arise directly or indirectly from:
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A. any infringement of any United States or Canadian copyright,
trademark or patent, or misappropriation of the trade secrets of any third party, in
connection with the Licensed Product (or any allegation of any of the foregoing)
(“Infringement Claims”); or
B. any act(s) of negligence or willful misconduct by Contractor or any
of its agents, employees or subcontractors (or any allegations of any of the foregoing),
including but not limited to any liability caused by an accident or other occurrence
resulting in bodily injury, death, sickness or disease to any person(s) or damage or
destruction to any property, real or personal; or
C. City’s refusal to produce any document or information described in
Paragraph C of “Exhibit B” pursuant to a request to review public city records, after
receiving a request for such item and after being instructed by Contractor not to produce
it; or
D. any claims by any persons or entities supplying labor or material to
Contractor in connection with the performance of Contractor’s obligations under this
Agreement (“Labor and Material Claims”).
Indemnity for Infringement Claims shall be contingent upon City: 1) giving
prompt notice to Contractor of any such Infringement Claim(s) which Contractor is
otherwise unaware of; 2) Contractor having control over the defense of such action,
provided City shall have input as to all matters affecting City; and 3) City reasonably
cooperating in the defense of such action.
If an Infringement Claim occurs, Contractor shall within thirty (30) days
after receipt of the City’s written notice of such claim or the date on which Contractor
first becomes ainrare of such claim, whichever is sooner, either: 1) procure for City the
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right to continue using the affected product, service or component and deliver or provide
such product, service or component to City; or 2) repair or replace the infringing project,
service or component so that it becomes noninfringing, provided that the performance of
the Software or any component thereof shall not be adversely affected by such
replacement or modification. In the event Contractor is unable to comply with either
subsection 1) or 2) of this paragraph within the thirty (30) day time period described
above, City shall have the right to terminate this Agreement for default. In the event of
such termination, in addition to any other remedies available to City at law, under this
Agreement or otherwise, Contractor shall pay to City within ten days of City’s notice of
termination a pro rata portion of all License Fees paid as of the date of termination .
This Paragraph 19 shall survive termination or expiration of this Agreement.
20. SUBCONTRACTING
If Contractor shall subcontract any of the work to be performed under this
Agreement by Contractor, Contractor shall be fully responsible to City for the acts and
omissions of Contractor’s subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons
directly employed by Contractor. Nothing contained in this Agreement shall create any
contractual relationship between any subcontractor of Contractor and City. Contractor
shall bind every subcontractor and every subcontractor of a subcontractor by the terms
of this Agreement applicable to Contractor’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by City.
21. PROHIBITED INTEREST
No official of City who is authorized in such capacity on behalf of City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
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approving of this Agreement, shall become directly or indirectly interested personally in
this Agreement or in any part thereof. No officer or employee of City who is authorized
in such capacity and on behalf of City to exercise any executive, supervisory, or similar
functions in connection with the performance of this Agreement shall become directly or
indirectly interested personally in this Agreement or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of City,
either before, during or after the execution of this Agreement, shall affect or modify any
of the terms or obligations herein contained nor entitle Contractor to any additional
payment whatsoever under the terms of this Agreement.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 19 “Indemnification,” all terms, conditions,
and provisions hereof shall inure to and shall bind each of the parties hereto, and each
of their respective heirs, executors, administrators, successors, and assigns.
24. LIQUIDATION OF CONTRACTOR
In the event that Contractor (or a surviving company in the event of merger or
sale of Bender Engineering) is liquidated, dissolved, or ceases to carry on business on
a regular basis, City will have a perpetual, irrevocable, nonexclusive, license, title and
right of ownership to the Software (inclusive of source code and all other
documentation) subject to City agreement that it will not, at any time, market the
Software. City will have the right to purchase the source code from escrow in the
amount of $3,500.00.
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25. EFFECTIVE DATE
This Agreement shall be effective on and from the day and year first written
above.
26. CONFLICT OF INTEREST
City has determined, using the guidelines of the Political Reform Act and City’s
conflict of interest code, that Contractor will not be required to file a conflict of interest
statement as a requirement of this Agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the Political
Reform Act and nothing in this Agreement releases Contractor from this responsibility.
27. PERFORMANCE BOND
As security for vendor performance under this Agreement, Contractor will furnish
a performance bond, executed on the form attached hereto as *Exhibit E”, by a surety
company duly authorized to do business in California with a rating in the most recent
Bests Rating Guide of at least A-:V, in an amount at least equal to one hundred percent
(100%) of the Agreement price for Bender Engineering MainStar Maintenance
Management System and related services totaling $50,000.00.
28. INSURANCE
Contractor shall obtain and maintain for the duration of the Agreement and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
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current Best’s Key Rating of not less than “A-Y and shall meet City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. ' Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this Agreement or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
Contractor’s profession with limits of not less than $500,000 per claim. Coverage shall
be maintained for a period of five years following the date of completion of the work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions.
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1. City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. Contractor shall furnish certificates of insurance to City before
commencement of work.
3. Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the Agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
City sent by certified mail.
5. If Contractor fails to maintain any of the insurance coverages
required herein, then City will have the option to declare Contractor in breach, or may
purchase replacement insurance or pay the premiums that are due on existing policies
in order that the required coverages may be maintained. Contractor is responsible for
any payments made by City to obtain or maintain such insurance and City may collect
the same from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
29. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of City and on behalf of Contractor in connection with the
foregoing are as follows:
For City: Title Public Works Manaaer/General Services
Name Doua Duncanson
Address 405 Oak Avenue
Carlsbad. California 92008
-16 -
rev. 7/l 9100
For Contractor: Title Proiect Manaaer
Name Dimitrv Poretskv
Address 3535 Farauhar Avenue
Los Alamitos. California 90720
30. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the Agreement.
31. LIQUIDATED DAMAGES
A. If Contractor fails to deliver the software and services according to the
Implementation Schedule set forth in “Exhibit A” or as modified by mutual agreement
according to Section 7 of this Agreement; or is found to be in Material Breach of this
Agreement, City will provide written notification of such failure or Material Breach to
Contractor. Contractor will then have ten (10) business days to cure such failure or
Material Breach to City’s satisfaction or appeal the notification to City Council pursuant
to Paragraph 12 of this Agreement. In the event that Contractor does not correct said
failure or Material Breach within the applicable cure period, liquidated damages in the _
amount of TWO HUNDRED FIFTY dollars ($250.00) per day may be imposed upon
Contractor and subtracted from any amounts then dlje and payable or, if no amounts
are due and payable then, paid by Contractor to City within sixty (60) business days.
Any failures by Contractor that are due to the City’s delay in the completion of tasks for
implementation of the System will not be considered a Material Breach of this
Agreement, and the Contractor will not be imposed of liquidated damages.
B. The parties acknowledge that it would be impractical or extremely difficult to fix
actual damages in the case of Contractor’s default, and that the amount of damages
-17 -
rev. 7/l 9100
-
specified in this Paragraph 31 is a reasonable and complete estimate of City’s damages.
Contractor recognizes that Contractor’s prompt response to notices of default and
continued commitment to its obligations under this Agreement for which penalties can be
imposed, is of critical importance to City. In initialing below, both parties agree that the
amount of liquidated damages set forth in this- Paragraph 31 is the best reasonable
estimate of the cost to City of a violation or breach of this Agreement.
CITY: LICENSEE:
&Q
(Initials) (Initials)
32. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to, attached
or contemplated herein, along with the purchase order for this Agreement and its
provisions, embody the entire agreement and understanding between the parties
relating to the subject matter hereof. In case of conflict, the terms of the Agreement
supersede the purchase order. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is
sought.
III
/I/
Ill
rev. 7/l 9100
-18 -
Executed by Contractor this f%![)y@ day of hw!&d r ,200 Q.
CONTRACTOR: CITY OF CARLSBAD
ATTEST: ,
APPROVED AS TO FORM:
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
rev. 7/l 9100
-19 -
-_
j All-Purpose Acknowledgment
i
Sfafe of
/
County of &y §
0 ry n r3/ a
DATE ’
before me, OAVIO C. tAWUli=
I NAMEOF NOTARY PUBLIC
personally appeared, 2-/&O V Y A r IVEm+V I
NAMEOOF SlGNERO
cl personally known fo me- or- proved fo me on the basis of satisfactory evidence to
be the p6xson(& whose nameW&~sub to fhe
within insfrument and acknowMgtxI to me fham
~execufed the same in@!Q he+?t& aufhorized
aqx&y (ies),and fhaf bg@&e#Wsigna fur&) on
the insfrumenf fhepersoncs3, or the entity upon khdf of
which fhe person@ acted, execufsd the instrument.
Wifness my hand and official seal.
OPTIONAL
>
TITLE OR mF DOCUMENT
Number of pages:
Date of Document:
Though the information below is not required by law, it nzuy prove valuable lo persons relying on the document and prevents
fraudulent reattachmenf of this form.
ent Capacity Claimed By Signer(s)
Individual(s)
Corporate
Signer(s) Other Than Named Above: cl Guardian/Conservator
cl Trus kc(s)
Cl Other:
Signer is Representing:
Nads) of P&(S) or btityks)
1901.296 Ah4 Mail Gnten an Independently Owned & Operated Franchis 0 19% ALAI Mail Centcn I-8UWtlYG4S
EXHIBIT A
SCOPE OF SERVICES
COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM
A. The Contractor grants to the City five (5) nonexclusive, nontransferable, perpetual
user licenses for use of the MainStar Maintenance Management System, Version 8.4,
hereinafter referred to “Software”, for Facilities Management. Said license shall
continue in full force and effect beyond the terms of this contract. All application
sofhvare will be provided in executable form. The Contractor will also provide three
(3) copies of all user and technical documentation relating to the Soflware, which may
be reproduced by the City for internal use, distribution and training purposes.
B. The City is hereby granted the right to use the Software according to the terms and
conditions of the Contract, and Contractor will install and implement the Software
Modules in the City’s muti-site, wide area network environment in accordance with
their (the Contractor) pricing and service proposal.
C. Contractor warrants that the software will perform the features and functions
contained in the City’s Computerized Maintenance Management System (CMMS)
Request for Proposal (RFP) System Requirements Matrix. Attached hereto as Attachment A and Attachment B and incorporated herein by reference. In addition,
Contractor warrants the Software is capable of retrieving all types of work orders
within ten seconds or less.
D. Contractor agrees to provide three days of on-site training to unlimited number of
trainees at times and places mutually agreed upon by the parties, and shall tiish all
training materials necessary to accomplish the training of City personnel in the use of
the Software.
E. Contractor agrees to provide a toll free telephone number for technical support
services. The telephone numbers will be available yearly and from 7:00 a.m. to 5:00
p.m., Monday through Friday, excluding holidays.
F. Contractor agrees to provide web and e-mail interface as part of the Software System
that will enable the City to transfer information from the web page or e-mail message
into a CMMS Work Order requisition screen without reentering the data. The
Software will also be capable of sending an automated status report back to the
requester, as well as allowing for communication to vendors and suppliers. This is
an important feature of the CMMS. The Contractor must demonstrate to City
that these capabilities are working and functioning before requesting payment.
G. Contractor acknowledges that City will move its computers (servers) and the
Software to another site, and that the City may move its software to another computer
(server) that may be acquired some time in the future.
20
-
EXHIBIT A
H. Contractor agrees that City will acquire non-exclusive title to Software in this
contract, including all source codes, if Contractor ceases to do business.
I. Contractor agrees to permit City to install new releases of the Software for testing
purposes, prior to installation in production, or training for purposes. This may
require installation of Software on a separate server and/or desktop PC’s
Contractor will perform the following Software implementation tasks.
PHASE I 1. Preliminary meeting to discuss City objectives and information flow.
2. Meeting with the City to define work order processing.
3. Meeting with the City to discuss the inventory control system that will be integrated with the work ordering system.
4. Conduct a walk through with City to ftiliarize them (the Contractor) with the City’s
equipment layout.
5. Develop a strategy for getting City personnel involved in the implementation process.
6. Meeting with City personnel to explain the benefits and goals.
7. Assign areas of responsibilities
8. Conduct interviews with City personnel to define areas of concern and the level of
cooperation.
9. Create implementation team and define areas of responsibilities.
10. Prioritize tasks.
PHASE II
1. Establish location coding system.
2. Establish equipment coding system.
3. Establish building maintenance worker coding system
4. Discussion with City personnel on hourly rates (standard industry vs. City
employees).
5. Establish subsystems coding procedures.
6. Establish template coding system.
PHASE III
1. Assets Survey Completion
PHASE IV
1. Establish Preventative Maintenance (PM) task, excluding parts. 2. Establish PM starting dates for each piece of equipment and the service frequency.
3. Review the collected information with the implementation team member and provide
any necessary changes.
PHASE V
1. Enter data into the computer.
2. Generate PM schedule.
21
Attachment “An to Exhibit LCA99
Contractor completed and submitted the attached System Requirements
Matrix (Attachment A) as part of the WP submission requirements for
the CMMS. Contractor used the following codes as to whether their
system had the feature indicated.
Code
3
Usage
This feature is available in the existing system without anv
customization.
2 This feature will be made available as part of a new release.
indicate the date when that feature will be available in the
Date column of the matrix.
1 This feature can be made available as a customization.
indicate the date when that feature will be available in the
Date column of the matrix.
0 This feature is not available.
22
-
Attachment LGA99 to Exhibit ‘W z.
IDIEIFlo
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,i
Attachment “An to Exhibit uA9’
sl
64 cmtlsyYearDlb(~.Q.zQQl) t3i AuditTmils-wt~~mabd~bted-lkWorkOfdmEqtd~memt,Ports.
6s efwJy-0. 131 M I
ii w 65
1
60 ar Ed 119
EiqLqmdmEhtenMce~costMstary I31 I -
Equgmsnlm-m 131 f-31
l-coding I31 ,Ef#pment OownUrne b Cause tradcing I31
Aubmatlc up&ding (recalculating) of Task Labor Estimates i3J
-- PbRltybdupllcate~lnro.
a01 AutomatkParbListupdabfmmpartsusedonWorkOrders
D2 I I
gg 4. Work Ordw Moduh Features
94 IPraventiva Maintenance WO B Scheduling 0. @divel I work mqul?!st wo
lOutMeCantractorSarvlc0straddna
I (31 I I I
I 121 I
I-
Maintenance Scheduled by Days or Metars I VI
Scheduled WO printed automatically or on demand PI
Unplanned WO printed on demand [>I
Planning b Scheduling [31 Maintenance Labor 8 Parts Forecasting I?1
Attachment “An to Exhibit LCA”
-~ r&abgofWO# 6Taek# <k-m
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,rn#p#&a mswywrv~n w -m I IIJI I
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124
lSOt8. CalbratIon Maduls Features _. ‘1L-_I --.I---. LA --..lh _-m 1311 ImcKecJtn~~rvrrrnu
132
1#
13417. hvantow Module Fmatwes
lP13&6 Matwiah IF ft*
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1q ~ForeciastLabof & Paw r\w -==Amlmb ri
I
e- 1371 I--A- I-..-- b. mu-lr Ln am ~n~fitrt~l mMw ,4rn PR or PO when new items are ptiased t31
1381 Tool Management & Contml (31
139l Fuel b Other Resources Utiiiiation X I ~- , I I
1 ~Barcoding I r71 I I
I A.L--~- ~--.ulr 4 - wn r-a- m-l tumrrna~li UIII~-UVII vI I m-w gans nd list
AuQnlauc storea Updeb
Aubmatic Purch. Req. Creation
121 I
(3)
t3,
r-%1 I 131 sz 1’)) - II - 1 1 IF- 1
145
Automatic PO cm&ion
Aubmatk Albcstion of parts for Open WO
Just-h-Time Inventory Planning
Min./Max., Min. Order, EOQ Reordering
Parts look-up by vendor, mfr. part %. stock part #
Ahmate parts look-up
I I R 147
148
14491
,
Attachment “A’’ to Exhibit “A”
.-
I
Attachment C6A” to Exhibit “A”
.-
Attachment “B” to Exhibit “A”
Contractor completed and submitted the attached System Requirements
Matrix (Attachment B) as part of the RFP submission requirements for
the CMMS. Contractor used the following codes as to whether their
system had the feature indicated.
- Code Usage
3 This service is available as part of your standard services
with your own full-time staff.
2 This service is an optional service available with your own
fbIll-time staff.
1 This service is an optional service which will be provided y&
a sub-contractor. The subcontract must be identified as an
attachment of your submission.
0 This service is not avaiIable.
Attachment “B” to Exhibit ‘‘A’’
Attachment “Bn to Exhibit ‘CAn
I
66 -
1 1 .
b- .- L , II , II,
L
lb
L
b - L
L
c
A.
B.
C.
D.
EXHIBIT B
CITY’S RESPONSIBILITIES
COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM
The City agrees to use the Software licensed under this Contract solely for its own use
on the City’s computer system(s), provided that any Software delivered by the
Contractor in machine readable form may be copied (text only) in whole or in part, in
printed or machine readable form, solely for the City’s own use for back-up and
archival purposes. Accompanying documentation and user guides may be reproduced
for internal use, distribution and training purposes only.
The City acknowledges that no title to or ownership of the Software or any of its parts
is transferred to the City and the City’s right to use the Soflware shall at all times be
subject to the restriction set forth in this Contract.
The City acknowledges that the Software, including modifications made by the Contractor, constitutes valuable property and a trade secret of the Contractor and that
all marketing rights to the system and all modifications made by the Contractor
remain the Contractor’s property, whether or not any portion is or may be validly
copywritten. City, within its control and capacity, agrees to hold all of the SofIsvare
and related documentation in strictest confidence, agrees not to use them except in the
performance of this Contract, and agrees to release them only to employees requiring
the Software and related documentation and not to release or disclose them to any
other party, unless required to do so by a court of law or pursuant to applicable public
records statutes.
The City agrees to commit, if feasible, the City personnel necessary to facilitate the implementation; however, any delay in the City’s completion of tasks shall not be a
considered a breach of this Contract.
EXHIBIT C
SOFTWARE MAINTENANCE AGREEMENT
(Bender Engineering)
THIS SOFTWARE MAINTENANCE AGREEMENT is made and entered into as
of the 11th day of September , 2060, by and between the
CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and
BENDER ENGINEERING, a corporation, hereinafter referred to as “Contractor.”
RECITALS
A. On , 2000, City and Contractor executed an Agreement for the
purchase and implementation of a Computerized Maintenance Management System
(CMMS) for City’s Facilities Maintenance Division (the “Agreement”).
B. Pursuant to Paragraph of the Agreement, Contractor has agreed to
provide maintenance and support services to City for the CMMS.
C. City and Contractor desire to memorialize the terms by which Contractor
shall provide the CMMS maintenance and support services.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. STANDARD MAINTENANCE
Other than third party products, Contractor agrees to provide City with a one (1)
year Warranty for the Software described in and licensed by the Agreement,
commencing with Contractor’s certification to City of the readiness of the Software.
Said Warranty is provided to City at no charge.
32
Upon the first annual renewal date after final acceptance of the Software, City
shall have the option of purchasing Contractors maintenance coverage for a period of
one (1) year and renewable annually unless terminated by City, pursuant to the terms
set forth herein.
As long as City is paying for maintenance with respect to the Software under the
terms set forth herein, Contractor shall provide to City at no additional cost the following
goods and services:
A. All program updates and additions for use with the Software, which are
developed by Contractor, provided, however, that no such program update or addition
shall materially impair the functionality or performance characteristics of the Software.
B. Phone-in consultation services in which City may request and receive
verbal information regarding the use of the Software. These services shall be available
as described in Section E of “Exhibit A” of the Agreement.
C. All program changes deemed necessary by City (including any program
updates and additions) to make the Software perform as described in the user guides,
provided, however, that no user guide update shall be effective to delete or reduce a
functional specification without City’s consent.
D. Maintenance services shall be provided with sufficient promptness in an
effort to avoid down-time. Any modifications not made by Contractor, and the results
caused thereby to the Software shall be the sole responsibility of City.
E. For the term of this Software Maintenance Agreement, Contractor shall
provide City, on a timely basis, with updates necessary for the CMMS to continue to
accomplish its principal computing functions and with updates reflecting improvements
made to the Software by Contractor. If City notifies Contractor that it suspects an error
33
in the CMMS, Contractor shall, as part of such support, use its best efforts to confirm
the existence of the error and correct it.
F. Contractor shall provide City with such modifications to the Software as
City may reasonably require to maintain the compatibility of the Software with new
releases or updates of the MainStar Maintenance Management System. Said
modifications shall be provided as part of the Software Maintenance Agreement at no
additional cost.
G. City will have the option, at the end of the first year Warranty under this
Agreement, to extend such maintenance from year to year. Should City not exercise
the option to extend maintenance beyond the first year of maintenance under this
Agreement, City retains the right to purchase at cost from Contractor any future
releases and/or enhancements to the Software, including modifications to the Software
to maintain its compatibility with new releases of the operating system.
II CHARGES
The charges for City’s maintenance coverage shall be based on a rate of 15%
($2,995.00) of the undiscounted price of the Software as set forth in “Exhibit D”. All
maintenance charges are subject to annual increases provided that such increases
cannot be accessed during the term of such extended coverage. Annual increases in
maintenance coverage are limited to the increase in the previous year’s CPI for Urban
Wage Earners (all items) - Western Region or 2%, which ever is less.
ii/
//I
/I/
Ill
34
Executed by Contractor this /D day of /U&&/ 2w7 -
CONTRACTOR: CITY OF CARLSBAD, a municipal
ATTEST:
(print name/title) J
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
35
All-Purpose Acknowledgment
Sfate of
Counfy of u §
or* - n /Q, 2-bJd before me,’ MwD Cm fAURITZEN
DATE I NAMEOF NOTARY PUBLIC
personally appeared, 3 Lwy , I NAME0 OF sIGNER6)
cl
personally known to me- or- El proved to me on the basis of satisfactory euidence to
be the person# whose ruun&)&@ubscriM to the
within instrument and acknowledgexl to me tha@ij$&#r
j-tky f2xecuted fhe same in&&) he+?& authorized
cqmcify ks), and that b@J$m signuture(s) on
theinstrumentfhepersonCs);mtheentilyupon~f4
which the persmrcs3 acted, executed the instrument.
Witness my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may ptwve valuable to persons relying on the document and prevents
fraudulent reattachment of this form.
Capacity Claimed By Signer(s)
l?TLE OR TYPE OF DOCWWT
Number of pages: q ,32-3r)
Date of Document: - $20/w
Partner(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signer(s) Other Than Named Above: Guardian/Conservator
Signer is Representing:
EXHIBIT D
The fees for the Software and services to be performed shall be as set forth below:
SOFTWARE/LICENSES
MainStar Maintenance Management System,
Version 8.4 for Facilities Management. (5 User License)
Web Interface
E-Mail Interface
IMPLEMENTATION
Phase I
Phase II
Phase III
Phase IV
Phase V
TRAINING Training - 3 days
TECHNICAL SUPPORT SERVICES
Yearly support - toll free calls and all quarterly upgrades
15% of software costs.
TOTAL FEE:
$19,995.00
$ 0.00
$ 0.00
$4,652.00
$4,652.00
$4,652.00
$4,652.00
$4,652.00
$3,750.00
$2.995.00
$50,000.00
PREMIUM BASED ON FINAL CONTRACT PRICE Bond Number: 3SM 985 352 00
Premium: $750.00
EXHIBITE
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
-No. 2000-256 , adopted August 8, 2000 , has awarded to
-BENDER ENGINEERING, (hereinafter designated as the “Principal”), a Contract to provide a
Computerized Maintenance Management System for the Facilities Maintenance Division .
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re-
quire the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, BENDER ENGINEERING . INC. - , as Principal,
(hereinafter designated as the “Contractor”), and AMERICAN MOTORISTS INSURANCE COMPANY
, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of FIFTY THOUSAND Dollars ($50,000 .OO------ ), said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its cer-
tain attorney. its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their 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 agreements in the Contract and any alteration thereof made as therein provided on 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 indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as
therein stipulated, then this obligation shall become null and void; otherwise it shall 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 attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change, exten-
sion of time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this /@
day of /tX&r%- ) 20@ 0.
CONTRACTOR:
)%&x0 l!?q+lm-~
(name of Contractor) @*
h!& lmqdldw)/r &JbW ~N#Jlh.
(Title and
By:
(sign here)
z Jbdzcr
(print name h&e) i/
Executed by SURETY this 11 th day of
October ,20 00 .
SURETY:
American Motorists Insurance Company
(name of Surety)
7470 North Figueroa Street
Los Angeles, CA 90041
(address of Surety)
(3231257-8291
(telephone nqmber of Surety)
By:
KeAna D. Conrad
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec-
retary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
I-
Ali-Pmpose Acknowledgment
DAVID C. IAlJRtTZEN
NAME OF NOTARY PUBLIC I
personally appeared, ~/NO L/-Y k l /@/JQ=?T~Y I NAME@) OF SlCNERfS)
cl personally known to me- or- 5 proved to me on the basis of satisfactory evidence to
be the person(83 whose nurne(s)&~scriM to the
within instrument and acknowledged to me tha@%k
Idhey twx7.&d the same i /4i&kir authoked
mpcity (ies),and that bJh!P * ?i!e+kir sigrlaturds) on
theinsh-umentt~person(s),ortheenti~upon~Ifof
which the person(s) acted, mm&d the instrument.
Witness my hand and official seal.
/ SlGNNURE OF NOTA
OPTIONAL
Though the information below is not required by law, if my prove valuable to persons relying on the document and pmenfs
fraudulent renffachmenf of this form.
Capacity Claimed By Signer(s)
Individual(s)
Number of pages:
Date of Document:
Corporate L
lt?h&LA
nn-E(s)
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Signer is Representing:
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state of California
county of IAS Angeles
On DCT 1 I m c. clarkson
NAME
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Notary Public
TITLECER
personally appeared KeAna D. Conrad NAhm OF SIONER aPersonally known to me - OR -0
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C.CLARKSON : COMM. #1154439 o KJTAmW PuBLlc - CALIFORNIA 2
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
and official seal.
OPTIONAL Though fhe data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment Of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
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INDMDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) 0 -’ LIMITED
q GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
TITLE OR TYPE OF DOCUh%NT
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DATE --I-
SIGNER IS REPRElSJ3NTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
Amerkan Manufacturers Mutual Insurance Company
Lumbermens Mutual Casualty Company Lou Jones & Associates
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Irllgmpen.
Home office: Long Grove, IL 60049
Know All Men By These Presents:
POWER OF A7TORNEY
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutua
Insurance Company. corporations organized and existing under the laws of the State of Ilinois. having their principal office in Long Grove Illinois, (hereinafter collectively referred to as the “Company”) do hereby appoint
KeAna 0. Conrad of Los Angeles, (=aiiforniaH*.**~**~********t
their true end lawful agent(s) and attomey(s)-tn-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE
MILLION DOLLARS ($1 ,OOO,OOO.OO) ~*~tH.t.*****CH1..*~~~~*.**~~~.**~~.~.*~
EXCEPTION: NO AUTHORITY is granted to make, execute, seat and detlver any bond or undertaking whtch guarantees the payment or
collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obtigatioc to be split into two or more bonds in order to brtng each such bond within the dollar limit
of authority es set m herein.
This appointment may be revoked at any tkne by the Company. i’l
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fulty and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regutarly elected of8cers at their principal office in Long Grove, Illlnois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WtTHOUT NOTtCE A8 OF December 31,200l
This Power of Attorney is executed by authority of resotutions adopted by the Executive committees of the Boards of Directors of the Company on February 231988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
“VOTED, That the Chairman of the Board, the President, or any VI President, or their appointees designated in writing and tiled with
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-k+fact, and to authortze them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertaklngs. recognizances, contracts of indemnity and other writings. obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.’
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the fotlowtng resotutlon adopted by the Executive
Committee of the Boards of Directors of the Company at a meettng duly called and held on the 23rd day of February, 1988:
VOTED. That the signature of the Chairman of the Board, the President. any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by faoimiie
on any power of attorney or bond executed pursuant to resolutton adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certtfied with respect to any bend or undertaking to which it is attached, shalt continue to be valid and binding upcn the Company.’
In Testimony whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this July 7,2ooO.
Attested and Certlled: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
Robert P. Hames, Secretary by J. S. Kemper. Ill. Exec.Vice President