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HomeMy WebLinkAboutContracts & Agreements_32-2005_CCv0001.pdf `1„x..1 t AGREEMENT FOR ELEVATOR WORK This agreement for elevator work ("Agreement") is made and entered into this I st day of March, 4:� 2005, by and between the City of Redlands, a municipal corporation ("City"), and Amtech Elevator Services ("Contractor"). City and Contractor are individually sometimes referred to herein as a "Party," and together as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE I - ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to retrofit, remove and replace components of the elevator located in Building C of the Redlands Civic Center Plaza located at 35 Cajon Street, Redlands, California (the "Proj ect"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed on the Project, and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2.1 The Project which Contractor shall perform is particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the performance of the Project including, but not limited, to all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws, including the Americans' with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per them wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Project are on file at City's Administrative Services Department, located at the Civic Center, 35 Cajon Street, Suite 10 (P.O. Box. 3005 mailing), Redlands, California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing 0 wage, that City may enforce such provisions by withholding contract payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 2.4 Contractor agrees that if it executes an agreement with a subcontractor to perform work on the Project that Contractor shall comply with Labor Code section 1.775 and 1777.7, including providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 1777.5, 1.813 and 1815 of the Labor Code. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages maybe enforced by City pursuant to Labor Code sections 1775 and 1813. 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. Mep Elevator 2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Sections 1771, 1775, 1776, 1777.5 1813 and 1815 of the Labor Code. 2.8 Contractor shall obtain, execute and deliver to City a Labor and Materials Payment Bond, pursuant to Civil Code section 3247, in the form attached hereto as Exhibit "B." ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written "Notice to Proceed," and Contractor shall complete the Project in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 City shall pay Contractor the sum of One Hundred Twenty Four Thousand Dollars ($124,000.00) as complete compensation for the work Contractor performs on the Project. 4.2 Payments by City to Contractor shall be made within thirty days after City's receipt and approval of Contractor's invoice, by warrant payable to Contractor. 4.3 All notices, bills and payments shall be made in writing and shall be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City: Marjie Pettus Administrative Services Department City of Redlands PO Box 3005 Redlands, CA 92373 Contractor: Amtech Elevator Services John Hodge 1.550 S. Sunkist Street, Suite A Anaheim, CA 92806 When so addressed, such notices, bills and payment shall be deemed given upon deposit in the United States mail; in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving notice pursuant to this section 4.3. step Elevator ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be maintained by Contractor for the duration of the Project, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of the Project pursuant to Labor Code sections 3700 and 1860, and in an amount which meets statutory requirements, with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting the policy's modification or cancellation except upon thirty (30) days prior written notice to City. Contractor shall execute and deliver to City a Worker's Compensation Insurance Certification in the form attached hereto as Exhibit "C" prior to commencement of the Project. B. Contractor expressly waives all rights to subrogation against City and its elected officials, officers and employees, for losses arising from work performed by Contractor on the Project by expressly waiving Contractor's immunity for injuries to Contractor's employees. Contractor agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by, or on behalf of, any employee of Contractor. This waiver is mutually negotiated by the Parties. This subsection shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, employees and agents. 5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act or omission of Contractor, and its officers, employees and agents, in performing the Project. 5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with the Project without the express prior written consent of City. In the event of mutual agreement by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional insured to its insurance policies and provide City with the insurance endorsements prior to any work being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.5 Comprehensive General Liability Insurance, Contractor shall secure and maintain in force throughout the duration of the Project comprehensive general liability insurance, with carriers z:1 acceptable to City, with minimum coverage of one million dollars ($1,000,000) per occurrence M ep+le%ator and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting its modification or cancellation except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of the Project. 5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of the Project. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for in-house counsel of the parties at rates prevailing in San Bernardino County, California. 6.2 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor for the Project shall become the property of City and shall be delivered to City upon completion of the Project. 6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Project and not an employee of City. All personnel employed by Contractor to perform the Project are for its account only, and in no event shall Contractor or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of, City. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Project by City. 6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated with the Project and (2) deliver or otherwise make available to City, copies of any data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Contractor in performing the Project. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.6 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and Mep'Elevator any prior negotiations, proposals and verbal agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Contractor. 6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By M7or City Clerk AMTECH E EVATOR SERVICES gy xDate general Manager Agreement Includes: Exhibit"A" Original Bid Package 2/3/05 Exhibit"B" Payment Schedule Exhibit "C" Workers Compensation Cert. Amtech Acknowledgement, dated 2/16/05 Mep Elevator lbr 14- TO: THE CITY OF REDLANDS, SAN BERNARDINO COUNTY,CALIFORNIA herein called the"City" Pursuant to and in compliance with the Notice Inviting Bids, and the other documents relating thereto, the undersigned bidder, having familiarized themselves with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with plans thereto, hereby proposes and agrees to perform within the time stipulated, the contract, including all of its component parts and everything required to be performed,and to provide and furnish any and all of the labor,materials,tools,equipment,and all utility and transportation services necessary to perform the contract,and complete in a workmanlike manner,all of the work covered by the contract in connection with City's project identified as: REPLACEMENT OF CIVIC CENTER ELEVATOR CONTRACT NO. ASD-2005-02 NOTE: Bidders must bid each item in this schedule. All entries in the entire BID must be made clearly and in ink. Item Estimated No. Quantity Brief Description: Total in Figures 1. Lump Sum Total Elevator Retrofit Project{Items 2,3,4} $ 100,000.00 Installation of new hydraulic jack assembly and PVC $ 33,500. 2. Lump Sum casing for the lump sum price of ............................... . Installation of new elevator controller equipment, $ 50,800. 3. Lump Sum fixtures,car interior work for the lump sum price of ... Installation of new door operator equipment for the lump $ 4. Lump Sum sum price of. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,700. Installation of fire system panel for the lump sum price $ 5. Lump Sum of ...............................................................................•• 124`500. Installation of smoke detectors at all lobby entrances and $ 6. Lump Sum elevator machine room for the lump sum price of ....... 2500. Provision of wires from relevant smoke detectors to elevator controller enclosure for the lump sum price of $ 2000. 4e. Lump Sum ...................................................................................... Provision of active telephone line into elevator machine $ 5. Lump Sum room controller enclosure for the lump sum price of... 0, Installation of code compliant elevator machine room disconnect switch with auxiliary contacts as necessary $ 2500. 6. Lump Sum for the lump sum price of ............................................ 7b. Lump Sum Installation of fence and locking gate to separate elevator $ 4500. CD-5 equipment for the lump sum price of........................... TOTAL BID PRICE: 124,000-00 Item 2 Remove Existing Hydraulic Cylinder and Install New Hydraulic Cylinder w/PVC Casing to the Following Specifications: 1. Remove piston and cut into sections for removal from job site 2. Cut 2'x2'hole in concrete elevator pit floor 3. Remove 8" hydraulic cylinder and cut into sections for removal from job site 4. Drill 18" diameter hole with inside drill rig 5. Remove and dispose of all hazardous waste, dirt and debris 6. Install 14" PVC casing with end cap 7. Install new 8" cylinder and Piston Assembly, fill void between PVC outer casing and cylinder with PH neutral silica sand and seal with resin cap 8. Back fill around PVC casing 9. Coordinate and Complete All State Required Inspections to Insure Permit Issuance on Completed Retrofit Project. Item 2, Lump Sum: 33,500-00 Item 3 Remove Existing Elevator Components and Install New Elevator Components to the Following Specifications: 1. 1000 Series Microprocessor- Elevator Controller 2. Electronic Solid State Starter System 3. Infrared Hoistway Leveling System 4. Emergency Battery Lowering System 5. Elevator Car with Wilsonart panels with#4 stainless steel relief and returns 6. Interior Car doors and outer hall doors skinned with 44 stainless steel 7. Car ceiling with 4 section#4 stainless steel with"down lights" 8. Car station with#4 stainless steel car operating panel with integral ADA speaker-phone with call tracker feature 9. Hall stations with#4 stainless steel with California required raised button lenses 10. Install 4" tactile jamb Braille with 2" characters, grade 2 Braille symbols and contrasting background (two per opening) Il. Install car directional lantern with#4 stainless steel face place that will light and chime for audio directional assistance 12. Retain existing refurbished pump unit, tank and hydraulic control valve; install fresh hydraulic fluid into system Item 3, Lump Sum: _s�O,000.00 CD-6 Item 4 Remove Existing Door Operator and Install New Door Operator Package to the Following Specifications: I G.A.L. Close Loop Door Operator Package MOVFR Closed Loop Master Door Operator 2. Car door 3-1/4" non-metallic rollers 3. Door restrictor retractable zone lock door clutch 4. Hatch door hanger rollers with 3-1/4" non-metallic rollers(two per opening) 5. Auxiliary spring door closer(one per opening) 6. Hatch door interlock (one per opening) 7. Infrared detector edge Item 4, Lump Sum: 15,700-00 All the Above Repairs Shall Be Completed Per ASME A17.1, 1996 Code Requirements by Licensed Qualified C 11 Elevator Construction Contractors All work must be certified by the State of California. "Hole Clause"(To provide well for new hydraulic cylinder installation) THE CITY OF REDLANDS HAS ALLOWED(3)DAYS OR(24)TEAM HRS TO PROVIDE THE WELL HOLE FOR CASED HYDRAULIC CYLINDER INSTALLATION. IF THIS FUNCTION EXCEEDS THE ALLOWANCES, THIS WILL BE A BILLABLE EXTRA TO THE CITY OF REDLANDS AT YOUR COMPANY'S STANDARD LABOR RATE. THE ELEVATOR CONTRACTOR SHALL PROVIDE THE HOLE FOR THE CYLINDER ON THE BASIS OF 'NORMAL EARTH DIGGING CONDITIONS". FOR THE BASIS OF INTERPRETATION,"NORMAL EARTH DIGGING CONDITIONS"MEANS USING NORMAL BUCKET-TYPE DRILLING EQUIPMENT IN SOIL WHICH WILL NOT CAVE IN AND WITHOUT THE NEED FOR AN OUTSIDE WELL CASING. SHOULD THE ELEVATOR CONTRACTOR EXPERIENCE ROCK, WATER, OR OTHER UNUSUAL CONDITIONS, THE ELEV ATOR CONTRACTOR SHALL BE REIMBURSED AT THEIR STANDARD LABOR RATE. CD-7 Exhibit-"B" Payment Schedule for Elevator Retrofit City of Redlands Contract: ASD-2005-02 The payment schedule for the above project will be as follows. The first payment of 25% or $31,000.00 is due within 10 days of contract acceptance. The second payment of 50% or $62,000.00 is due within 30 days of completion of physical work, and final payment of 25% or $31,000.00 is due within 30 days of state inspection and the City of Redlands final acceptance of the completed project. Exhibit "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No.(As-c�— :Z�bs C-)—L— Every employer except the State,shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, which may be given upon 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. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.(Labor Code§1861). Date pry+ Name of Contractor By: \�\ Sign No Author d i n ture Agent coo A Signatory's Title Contractor's License No. Date %lep+levator M A'R S H CERTIFICATE �'ssue F INSURANCE IO2C(°05 PRODUCER This certificad as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend,extend or alter the MARSH USA INC. coverage afforded by the policies below. ONE STATE STREET HARTFORD,CT 06103-3187 COMPANIES AFFORDING COVERAGE Company A Hartford Fire Insurance Co INSURED Company Ins Co of the State of PA AMTECH ELEVATOR SERVICES B 1550 S.SUNKIST ST.,SUITE A ANAHEIM,CA 92806 Company American Home Assurance Co Company New Hampshire Insurance Co D Company National Union Fire Ins Co Pa E COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement,term or condition of contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY LT A GENERAL LIABILITY 02CSET10004 04(01(2004 04(01(2005 EACH OCCURRENCE S 1,000,000 N Commercial General Liability FIRE DAMAGE $ 300,000 ❑Claims Made Q Occurrence $2.000,000 general aggregate per MEDICAL EXPENSE $ _ 5,040 ❑Owners'and Contractors'Protection location/project PERSONAL&ADV INJURY $ 1,000,000 El El GENERAL AGGREGATE $ 2,000,000 $10,000,000 policy general aggregate General Aggregate Limit applies per: PRODUCTS-COMP/OP AGG. $ 2,000,000 ❑Policy El Project F1 Location A AUTOMOBILE LIABILITY 02CSET10000(A!0) 04/01(2004 04(01(2005 COMBINED SINGLE LIMIT $ _ 1,000,000 0 Any Automobile 02CSET10003(TX) BODILY INJURY(Per person) _ ❑All Owned Automobiles Hartford Casualty Ins Cc BODILY INJURY(Per accident) ❑Scheduled Automobiles 02CSET10002(MA) El Hired Automobiles PROPERTY DAMAGE Hartford Acc&Ind Ins Cc COMPREHENSIVE ❑Non-owned Automobiles 02CSET10019(HI) El COLLISION Hartford Underwriters Ins B WORKERS'COMPENSATION WC5212397(Other States) 04(01(2004 04(01(2005 WC Statutory Limit x o her C AND EMPLOYERS'LIABILITY WC5212398(CA) t401(NJ) EL EACH ACCIDENT S 1,000,000 D WC5212400(NY,Wi) EL DISEASE(Each employee) $ 1,000,000 E WC5212402(excess CT)** EL DISEASE(Policy Limit) $ 1,000,000 WC5212399(ME,MS,NV,OR,RI,UT)* **SIR$2,500,000 *National Union Fire Ins Co Pa A EXCESS LIABILITY 02HUT10021 04101/2004 04(01(2005 EACH OCCURRENCE $ 10,000,000 ®Occurrence El Claims Made AGGREGATE $ 10.000,000 This certificate only applies to City of Redlands,35 Cajon Street,Redlands,CA 92373. contract number:DVB-04060 CERTIFICATE HOLDER 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT A FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ISSUER,COMPANY,ITS AGENTS OR REPRESENTATIVES. City of Redlands Finance Departmer*t MARSH USA INC P.O.Box 3005 BY: w• , ` fiS adµ Redlands,CA 92373-1505 l l U.S.A. Certificate ID: FH46VD9Z 1�D ALL PURPOSE ACKNOWLEDGMENT State of California SS. �, County of 0 .33 On f--eoryey � before me, .p X17-r1,4-'k � �=,a Notary Public, personally appeared } y f4e, personally known to me /or roared to me on the basis of satisfacto evid nce) to be the person(g) whose name(2r) is/subscribed ;, to the within instrument and acknowledged to me that he they- executed the same in s h /1a� authorized capacity(aes), and that by h / /t0o_4 signature($) on the instrument the person(a), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Seal i i l Signature OFFICIAL SEAL r .. JIGAR KHANT NOTARY PUBLIC-CALIFOR COMMISSION 1347657 ORANGE COUNTY My Commission Exp.April 19,2006 i COMPLETING THE FOLLOWING INFOR'4IATION IS NOT LEGALLY MANDATED The information set forth below is an effort to protect members of the public. the Notary Public, or other officer from unauthorized use of this form. Please note: the capacitv(ies) of the signers are NOT certified by the Notary Public or other officer and have not and will not be verified in arry wav by the Notary Public or other officer. ATTENTION:THE IDENTIFIABLE ATTRIBUTES OF THE ATTACHED DocLAIENr ARE As LISTED BELOW Type or Title of Document: p 1: OIfl /vacsA Date of Document: �. l/- t7. Number of pages(including attached ex,tilrits) Name(s)of Creditable Witness(es), if anv: The Signer(s)claimed the following capacitv(ies) ! I Signatory's Name: _ Signatory's Name: ❑ Individual ❑ individual �I ❑ Corporate Officer: (Position) ❑ Corporate Officer: (Position) ❑Partner: (Limiters)(General) � ❑Partner: (Limited) (General ❑L.L.C.: (Position) i ❑L.L.C.: (Position) ❑Trustee l ❑Trustees ❑ Attorney in Fact ❑ Attorney in Fact ❑ Conservator ❑ Conservator ❑ Guardian ❑ Guardian ❑ Other: l ❑Other: IJ l [ PRINT: Identify,below crly if the print is OTHER THAV T 1�i1,1BPR1NT: /der y� belay only t the print is OT E't?:UAV E i IZIt',fIT thumbprint of the surer: RIGHT thsxrxbprfnt a?'ttze saner: _ ., t i 0 2001 AkTmcAN NOTARY I STaTUM 711 South Brea Boulevard,Brea,CA 928211*(714)671-2989 PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as City), and AMTECH ELEVATOR SERVICES (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated 2/15 , 2005 ,and identified as Contract No. ASD-2005-02, 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 furnish a good and sufficient faithful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City in the sum of ONE HUNDRED TWENTY FOUR THOUSAND AND NO/100— dollars ($ 124,000.00 )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 her heirs, executors, administrators,successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions,and provisions in the said agreement and any alteration thereof made as therein provided,or his or her 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 therefor,there shall be included costs and reasonable expenses and fees, including 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 to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way 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 named, on 2/11 ,200 5 Bond No. 015022364 AMTECH ELEVATOR SERVICES (SEAL) LIBERTY MUTUAL INSURANCE COMPANY (SERL) Principal Surety Signat a Signal ETTY CALDERON,ATTORNEY—IN—FACT Address; 1211 AVE. OF THE AMERICAS NY, NY 10036 (Notarial Acknowledgments or principal and Surety) Telephone: 2t 12 221-1598 CD-20 t� ALL PURPOSE ACKNOWLEDGMENT State of California ss. County of 1 e On ruc before me, °t ,a Notary Public, personally appeared i c Hcd ` personally known to me 'cc r proved to j me on the basis of satisfacto ence) to be the person(s) whose name(, / subscribed ` to the within instrument and acknowledged to me that he/ski/gip executed the same in i his/herAherr authorized capacity(iee'), and that by his/her/lbeir signature(* on the instrument the person((), or the entity upon behalf of which the person(() acted, executed the instrument. WITNESS my hand and official seal. Seal I ;D Signatur OFFICIAL SEAL I r° JIGAl9 KHXNT Y � {TA Y PUBLIC _CALIFORNIA ONOdI SIGN# 1347657 ORANGE COUNTY Mv Commission Exp April 19.2006 �I ;cam COMPLETING THE FOLLOWING INFOICNIATION IS NOT LEGALLY MANDATED � 1 The information set faith below is an effort to protect members of the public, the Notary Public, or other officer from I unauthorized use of this form.Please note: the capacity(ies)of the signers are NOT certified by the Notary Public or other officer and have not and will not be verified in any way by the Notary Public or other officer, j ATTENTION:THE IDENTIFIABLE AT—,RIBU7ES OF THE ATTACHED DOCUMENT ARE AS LISTED BELOW (- Type or Title of Document: Piq E T �0 Date of Document: - , " 3$� rc //, '1'rr&er of pages(including attached exhibits) Name(s)of Creditable W itness(es), if any: i The Signers)claimed the following capacitv(ies) I Signatory's'Name: � Signatory`'(Name: €� 0 Individual Q Individual J Corporate Officer: (Position) 1 F1 Corporate Officer: (Position) Partner: (Limited) (GeneraC El Partner: (Limited) (General) tC3 L.L.C.: (Position) {.-3. L.L.C.: (Position) Trustee ®Trustee 0 Attorney in Fact 0 Attorney in Fact O Conservator C3 Conservator © Guardian Q Guardian © Other: ❑ Other: i I� L" TM PRINT: Identify below only if the,girt ,s OTHER T11'Vi TH i BPRINT:IdengF below only,fthe print is OTHER THAN FJGHT thumbprint of the signer: RIGHT thumbprirt ofthe s ner: 0 2001 AMERtt A.N NOTARY M-ITTM+711 South Brea Boulevard,Brea,CA 92 821*(71 3)671-2889 PAYMENT BOND WHEREAS, the City Council of the City of Redlands,State of California(hereinafter designated as"City$$), and AMTECH ELEVATOR SERVICES (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated 2f11 ,200 5 ,and identified as Contract No.ASD-2005-02, 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 furnish a good and sufficient labor and material payment bond with the City 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 and firmly bound unto the City and all contractors,subcontractors,laborers,materialmen,and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of ONE HUNDRED!°TWEN`iY FOUR THOUSAND AND NO1IOO — dollars (S 124,000.00 )for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above 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 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, 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 the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia 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 named, on 2/11/ ,200 5 . Bond No. 015022364 AMTECH ELEVATOR SERVICES (SEAL) LIBERTY MUTUAL INSURANCE COMP ANS SEAL) Principal Surety By: By: —IN=FACT Si Hato ignature Address: 121 AVE. OF THE AMERICAS NY, NY 10036 (Notarial Acknowledgments of'Principal and Surety) Telephone. (212 212 221-1598 CD-21 ACKNOWLEDGEMENT OF SURETY STATE OF New York CITY OF New York SS: COUNTY OF New York On this I I th day of February in the year 2005, before me personally came to me known, who, being by me duly sworn, did depose and say that Betty Calderon he/she resides in Staten Island, NY, that he/she is the Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation. Notary Vu—blic or Commissioner of Deeds EVANGELLI", # 01 W T H ,m Y EXPIRES � Liberty Mutual Surety Bond Number 015022364 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 11/15/04 1594723 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OFATTORNEY KNOW ALL PERSONS BY THESE PRESENTS; That Liberty Mutual Insurance Company (the `Compony^), oMassachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint GLENN J.PELLETIERE,BETTY CALDERON,VIVIAN CARTI,CYNTHIA FARRELL,DEBRA A. EUNGROBERTRK0C0ONQUGH Annual Statement for the year 2003 of the_...Ulb!krty Mutual Insurance Company....... ASSETS current Year Prioryear 1 2 3 4 Not Adinifled Non led- Ass* NotAdn*W Ass" Assts' Pk 1.2} Assets I- Borg(Schedule0}........ : 10155163 i0i551B3 94W9754732 . 2. 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