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HomeMy WebLinkAboutContracts & Agreements_58-2025PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 15th day of April, 2025, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Liftech Elevator Services (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows 1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: A.K. Smiley Public Library Lower Level Revive, Phase 1, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's A.K. Smiley Public Library Lower Level Revive Phase 1 (the "Work"). 2. CONTRACT SUM: City shall pay Contractor the sum of two hundred fifty one thousand dollars ($251,000) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within one hundred twenty (120) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" from and after the date of City's issuance of a Notice to Proceed to Contractor. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction "Greenbook" in excess of the specified time for completion of the, Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the "Contract Documents"). 6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. I:\cmo\Agreemeirts\Liftech_PW_Contract-FY25-0042.doc jm RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. [Signatures on next page] I:\cmo\Agreements\Liftech_PW_Contract-PY25-0042.doc jm IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above. CITY OF REDLANDS (SEAL) Byk7v," Mario Saucedo, Mayor ATTEST: e me Donaldson, City Cleric (SEAL) Liftech Elevator Services, LLC Name of Cp tractor By: Signature ortAuthorized Agent Daniel M. Simon 1 President Title Signature of Authorized Agent (if necessary) Title Contractor's License No. I:lcmo\Agreements\Liftech_PW_Contract-FY25-0042.doc jm WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Facilities and Community Services Department A.K. Smiley Public Library Lower Level Revive, Phase I Project No. FCSI 10724DC 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 by one or more insurers 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. CHECK ONE _ V 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 and activities required or pennitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Dated this 1 st day of April , 2025. ift ch Elevator Services, LLC ontractor�. (gnahire) President (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) 4 I:IcniolAgreetnents\L iftech_P W_Contract-FY25 - 0 042.doc-jin CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of A.4J} On /IIITT 1 _? before me,e� Date Here Insert Name and Ti e o the Officer personally appeared 10 ,�, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name07 isle subscribed to the within instrument and acknowledged to me that he/s*th/y executed the same in hislly�rltW;r authorized capadty(iy), and that by hislvr/tvy r signatureA on the instrument the person($), or the entity upon behalf of which the person(j) acted, executed the instrument. HERMELINDA GUTIERREZ Notary Public - Caltfornia *my Los Angeles County Cornmission a 2490801 Comm, Expires Jun 17, 1028 Place Notary Seal and/or Stamp Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of AftKhc Title or Type of Docum Document Date: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: ❑ Corporate icer — Title(s): ❑ Partner — ❑ Li d ❑ General ❑ Individual ttorney in Fact ❑ Trustee ❑ Gu an ar Conservator ❑ Other: Signer is Representing: Bond No. 0866785 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Liftech Elevator Services, Inc. (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated April 1, 2025, and identified as A.K. Smiley Public Library Lower Level Revive Phase 1 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of two hundred fifty one dollars ($251,000) 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 hercinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on April 4 , 2025. (SEAL) (SEAL) ,Liftech Elevator Services, Inc. Harco National Insurance Company contractor} (S r z l�/� DID- & (Signature) Mariana Walker, Attorney -in -Fact (Signature) Address: 4200 Six Forks Road, Suite 1400 (Seal and Notarial Acknowledgement of Surety) 7 I:1cmolAgreementslLiftech PW Contract-FY25-0042.doc jm NC 27609 Telephone: ( 919 ) 833-1600 :zEL ;q- io 1904 =t. Fr �•n �rt �k`�� CLEAR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On _ )1-�p before me, LL Date (j Here Insert Name Personally appeared Nome(s) of Signer(s) mir who proved to me on the basis of satisfactory evidence to be the person(4 whose name($) is/Rfe subscribed to the within instrument and acknowledged to me that he/s)(e/tlyXy executed the same in his/(aver/tVirauthorized capacity(Vs), and that byhis/hdrr/th,94signature(b)onthe instrumentthepersono), orthe entity upon behalf of which the person($) acted, executed the instrument. HERMELINDA GUTIERREZ I Notary Public • California Los Angeles County i COMMISSlon p 2490801 My Comm. Expires Jun 17, 2028 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature go, IfQ Signature of 4bor Public Though this section is optional, completing this information can deter alteration of the document or I — fraudulent reattachment of this form to an unintended document. Description of Title or Type of Document Number of Pages Document Date OtherThan Named Above Capacity(les) Claimed by Signer(s) 4 Signer's Name n Corporate Officer—Title(s) E] Partner 0 Limited General Individual n Attorney in Fact rl Trustee n Guardian or Conservator 0 Other w.s Corpora Officer—Title(s) _ Partner I i ited DGeneral Individual AttorheyjnFact Trustee Guardian or ervator Other Signer Is Representing Signer Is Representing CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvaIidity of that document. State of Kansas County of �011nson On ) 4 before me, D,Ate Personally appeared Mariana Walker Hillary D. Shepard, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who 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/theirsignature(s) on the instrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. HILLARY ❑ SHEPARD Notary Public, State of Kansas E ■ My Appointment Expires Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Kansas that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature 464�%Ipb_kl/ ignature of tary Public -------------------------------------------------------------------- OPTIONAL ---------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer —Titles) n Partner ® Limited E] General ® Individual Attorney in Fact ® Trustee Guardian or Conservator ® Other Signer's Name ri Corporate Officer —Titles) ® Partner rl Limited DGeneral Individual D Attorney in Fact Trustee ® Guardian or Conservator ® Other Signer Is Representing Signer Is Representing POWER OF ATTORNEY Bond# 0866785 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint EVAN D. SIZEMORE, REBECCA S. LEAL, MARIANA WALKER, TAHITIA M. FRY, C. STEPHENS GRIGGS, LAUREN SCOTT, HILLARY D. SHEPARD, KELLIE A. MEYER, ERIN C. LAVIN, CHARLES R. TETER III, VERONICA LAW VER, MARY T. FLANIGAN, PATRICK T. PRIBYL, CHRISTY M. BRAILE, KRISTIN D. THURBER, DANIELLE R. CAPPS, JEFFREY C. CAREY, DEBRA J. SCARBOROUGH Kansas City, MO their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys4n-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed:" IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2022 STATE OF NEW JERSEY STATE OF ILLINOIS Pop County County of Essex f 474 / County of Cook tsNay Kenneth Chapman `�,,N .. 1 Executive Vice President, Harco National Insurance Company ""��I.Wo and International Fidelity Insurance Company On this 31st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said Instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. tHY 00, ',, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, RGc'''`., New Jersey the day and year first above written. NOTARY s•♦ m, 3 r,rnur, w; a )FN J,.``° Cathy Cruz a Notary Public of New Jersey ian„.... My Commission Expires April 16, 2024 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on flee in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto, set my Oland on this day, April 4, 2025 A00823 Irene Martins, Assistant Secretary N° 6046 STATE OF CALIFORNIA, DEPARTMENT OF INSURANCE . SAN FRANCISCO Amended Certificate of Authority Teas Is To Camgx, That, pursuant to the Insurance Code of the State of California, Harco National Insurance Company Of Rolling Meadows, Illinois , organized under the laws of Illinois subject toits Articles ofIncorporation or other fundamental organizational documents, fs hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance; Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier. Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Ttas CSP.7mc&,= is expressly conditioned upon the holder hereof now and hereafter being in full compliance with an, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN Wirmsss WEER m- F, affective as of the_. 1st — day of December Ig 94 I have hereunto set my hand and caused my official seal to be affixed this.._3xd_._._ day of Tanuary .IB 95- �, By a• .71 NOTAI . - / Qualification with the Secretary of State must be accomplished as required by the C Ifornla Corporations Code Promptly after issuance of this Certificate of Authority. Failure ta. do. so Will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained hereto. FORq Cn.A arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications 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. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on April 4 , 2025. (SEAL) tech Elevator Services, Inc. i (Contractor) yvl (Signature) (Sea] and Notarial Acknowledgment of Surety) (SEAL) Marco P NationInsurance Compjanny jBY: l /�/,�� (Suretyl, Y 1 A A I Mariana Walker, Attorney -in -Fact (Signature) Address: 4200 Six Forks Road, Suite 1400 NC 27609 Telephone (919 ) 833-1600 6 I:lcmolAgreementslLiftech PW Contract-FY25-0042.doc jm .. ............ _._....... CLEAR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ' County of 1 /n J� On �L / 02S before me, rti Date Tit! (("�� n (%Here Insert Name an f the Office Personally appeared X$ 4 a Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(,st) is/a subscribed to the within instrument and acknowledged to me that he/s)�fe/th� executed the same in his/ r/ter authorized capacity(i�), and that by his/tiAr/th94 signature(A on the Instrumentthe person(), or the entity upon behalf of which the person((M acted, executed the Instrument. i *my HERMELINDA GUTIERREZNotary Public •California Los Angeles County T Commission M 2490801 Comm, Expires Jun t 7, 2028 r ++sw Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Not Pub! c ------------------------- OPTIONAL ---------------------------- --- ---------------•----------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attacbied Document Title or Type of Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name rj Corporate Off icer—Titie(s) Partner 0 Limited General Individual rj Attorney in Fact 17 Trustee r7 Guardian or Conservator rl Other Document Date n Named Above ier's Name G rrporate Officer—Title(s) Partner_ Limited General Individual~ Attorney in Fact Trustee Gu r ian or Conservator Other Signer Is Representing Signer Is Representing Bond No. 0866785 FAITHFUL PERFORMANCE BOND Liftech Elevator Whereas, the City of Redlands ("City"), State of California, and services, Inc. (hereinafter designated as "Principal") have entered into an agreement dated April t , 2024 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as A.K. Smiley Public Library Lower Level Revive Phase 1 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, Liftech Elevator Services as Surety, are held and firmly bound unto the City in the penal sum of two hundred fifty one thousand dollars ($251,000) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option: Complete the Work in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, I:\cmo\Agreements\Liftech_PW_Contract-FY25-0042.doc jm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of Kansas County of Johnson On 2.5 before me, date Personally appeared Mariana Walker Hillary D. Shepard, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. HILLARY D SHEPARD y Notary Puble. State of Kansas My ppointm t Ex it f Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Kansas that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signatur f Notary Public ---------------------------------------------------- OPTIONAL ---------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer --Titles) ® Partner ® Limited [3 General ® Individual Attorney in Fact ® Trustee Guardian or Conservator ® Other Signer's Name El Corporate Officer —Titles) ® Partner ® Limited General []Individual r] Attorney in Fact ® Trustee ® Guardian or Conservator ® Other Signer Is Representing Signer Is Representing POWER OF ATTORNEY Bond# 0866785 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint EVAN D. SIZEMORE, REBECCA S. LEAL, MARIANA WALKER, TAHITIA M. FRY, C. STEPHENS GRIGGS, LAUREN SCOTT, HILLARY D. SHEPARD, KELLIE A. MEYER, ERIN C. LAVIN, CHARLES R. TETER III, VERONICA LAWVER, MARY T. FLANIGAN, PATRICK T. PRIBYL, CHRISTY M. BRAILE, KRISTIN D. THURBER, DANIELLE R. CAPPS, JEFFREY C. CAREY, DEBRA J. SCARBOROUGH Kansas City, MO their true and lawful attorney(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -In -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, reoognizanoes, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attomeys4n-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2022 STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "0 HY C " IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, r,,,t'A•�s"' NRG�a°%,, New Jersey the day and year first above written. _ sI.. ;U NOTARY :Y f•.� vunuc �'�.,,OF NEMI �`�„ • Cathy Cruz a Notary Public of New Jersey CERTIFICATION My Commission Expires April 16, 2024 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorneys has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, April 4, 2025 A00823 Irene Martins, Assistant Secretary CITY OF REDLANDS BUSINESS TAX CERTIFICATE 'For Services Provided In the City of Redlands, California OaV Business Name LIFTECH ELEVATOR SEM Business Location 2897 Gardena Ave �- Signal Hill, Ca 90755-1912 ; `- ' 1' Business Ownor(s) LIFTECH ELEVATOR SERVI +S, It .... LIFTECH ELEVATOR SERVICES, INC. 2897 GARDENA AVE�tr":.v SIGNAL HILL, CA 90755-1912 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED. LIFTECH ELEVATOR SERVICES, INC.: 2025 70 BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANS FERABLE OR ASSIGNABLE Type Subcontractor SUBCONTRACTOR Certificate Number: 08131261 Effective Date July 01, 2024 Expiration Date June 30, 2025 For oil Inquides regarding this license, contact HdL Business Tax Support Center at (909) 470.2111. Thank you for your payment on your City of Redlands Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business tax certificate, contact the Business Tax Support Center via email at: Redlands@hdigov.com or by telephone at: (909) 479-2111. Keep this portion for your tax certificate separate In Case you need a replacement for any lost, stolen, or destroyed tax certificate. A fee may be charged for a replacement or duplicate lax certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of Redlands Municipal code and other applicable laws, nor to conduct business In a zone where conducting such business violates law. If you have a fixed place of business within the City limits of City of Redlands, please display the Business Tax cerlificale above in a conspicuous place at the premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business In the City shall keep the Business Tax Certificate upon his or her person, or affixed In plain view upon any can, vehicle, van or other movable structure or device at all limes if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice Is available in English or other languages by going to: https:/Ayww.dee.ca.gov/publications/. x f BUSINESS SUPPORT CENTER 18839 N CEDAR AVE #212 �■ t� ■ FRESNO, CA 93720-1832 LIFTECH ELEVATOR SERVICES, INC. 2897 GARDENA AVE ' SIGNAL HILL, CA 90755-1912 City of Redlands BUSINESS TAX CERTIFICATE Certificate Number: 081134281 Date of Issue: 07101/2024 IF A ?!ZL IF CERTIFICATE OF LIABILITY INSURANCE �.� ton/2o25 DATE 3/31/201/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER LOCkton Companies, LLC 444 W. 47th St., Ste. 900 Kansas City MO 64112-1906 (816) 960-9000 CONTACT PHONE E FA% AIC No AIC EMAILNo ADDRESS: keasu@lockton.COm INSURERS AFFORDING COVERAGE NAIC# INSURER A: Great American Insurance Company 16691 INSURED LIFTECH ELEVATOR SERVICES LLC 1530013 2897 GARDENA AVE INSURER B: Travelers CasualtyIns Co of America 19046 INSURER c: Evers an Indemnity Insurance Company 16882 SIGNAL HILL CA 90755 INSURER D: Berkshire Hathaway Homestate InsCo 20044 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 21132147 REVISION NUMBER: FXXXXXSf THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL D SUBR D POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR Y N GLP529224201 4/I/2025 4/1/2026 EACH OCCURRENCE $ 1,000,000 PREM SES Ee occurrence $ 100,000 GEN'L _ MED EXP (Any one parson) $ 10,000 PERSONAL B ADV INJURY $ 1000000 AGGREGATE LIMIT APPLIES PER: POLICY jEO LOC OTHER: GENERALAGGREGATE $ 4000000 PRODUCTS - COMP/OP AGG $ 4000000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y N 810-7Y818986 10/1/2024 10/1/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY ( Per accident) $ XXXXXXX PROPERTY DAM AGE Per acadwa $ XXXXXXX $XXXXXXX G X I UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE N N SP2EVF00000901 4/1/2025 4/1/2026 EACH OCCURRENCE $ 10000000 AGGREGATE $ 17 500 000 DED RETENTION$ Is XXXXXXX D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y AXWC659268 4/1/2025 4/l/2026 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1000000 F.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: REDLANDS PUBLIC LIBRARY 125 W. VINE STREET REDLANDS, CA 92373 AND REDLANDS CITY HALL 35 CAJON STREET REDLANDS, CA 92373, THE CITY OF REDLANDS NAMED AS ADDITIONAL INSURED, AS RESPECTS TO LIABILITY ARISING OUT OF THE ACTIVITIES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED AND INCLUDES A WAIVER OF SUBROGATION WHERE ALLOWED BY STATE LAW AS REQUIRED BY WRITTEN AGREEMENT, AND SUBJECT TO POLICY TERMS, CONDITIONS, AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21132147 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY GE REDLANDS ACCORDANCE WITH THE POLICY PROVISIONS. RISI{ MANAGEMENT DIVISION AUTHORIZED BEPRESENTATIV 35 C.,AJON STREET REDLANDS CA 92373 ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Form W-9 Request for Taxpayer (Rev, March 2024) Identification Number and Certification Give form to the eternal e Treasury requester. Do not Internal Revenue 9ervtce v nue Go to www trs gov/FOrmWg for Instructions and the latest Information. send to the IRS, Before you begin, For guidance related to the nuroose of Form W-9. sea Pnrnoaa of Ken„ hnhu, f Name of entlVindividual. An entry Is required. (For a sole propdelorordls(egarded entity, enter the owner's name online 1, and enter the buslness/disregarded entity's name on line 2.) Liftech Elevator Services, LLC 2 Business name/dlsregarded entity name, If different from shove. - of ro as Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions (codes apply only to a C ❑ IndlviduaVsole proprietor ❑ 0corporation ❑ 8corporation ❑ Partnership ❑ Tmst/astate, cenaln entllies, not Individuals; see Instructions on page 3): 41 '� d LLC. Enter the lax classification (C = C corporation, S = S corporation, P = Partnership) . . . , S Exempt payee code (If any) a Noto: Check the "LLC" boxabove and, In the entry space, enter the appropriate code (C, S, or P) for the lax W o ciassfi catlon of the LLC, unless it is a dlsregarded entity. A disregarded entity should Instead check the appropriate box for the lax classification of Its owner. Exemption from Foreign Account Tax e,e ElOther (see Instructions) Compliance Act (FATCA) reporting code if any) 3b If on line 3a you checked "Partnership" or "Trust/estate,"or checked "LLC" and entered "P" as Its tax classification, and you are providing this form to a partnership, oust, or estate In which you have an ownership Interest, check this box if have foreign (Applies to accounts mafnlained outside the United you any partners, owners, or beneficiaries. See Instructions . . . . , . . , , States.) to 6 Address (number, street, and apt, or suite no.). See Instructions. Requester's time and address (optional 2897 Gardena Avenue 6 City, state, and ZIP cods Signal Hill, Ca 90755 7 List account number(s) here (optional Tax a er Identification NumberN (Ti Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other _ m I - TIN, entitles, It Is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is In more than one name, see the Instructions for line 1. See also What Name and j� _ �(— I Number To Give the Requester for guidelines on whose number to enter. 15 j 5 I 0 8 4 6 2 5 12 I Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (a) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATOA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured roperty, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and, generally, payments other than Interest and dividends,o e of re u red to sign the certlFloatl n, but you must provide your correct TIN. Sea the Insfirlictlons for Part 11 later Sign Signature of nt/ n) J Hare U.S. person Y Y l f Date ��I'� .� General Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to wwuv lrs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line, An LLC that Is a disregarded entity should check the appropriate box for the tax classification of Its owner. Otherwise, it should check the "LLC" box and enter Its appropriate tax classification. New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or Indirect foreign partners, owners, or beneficiaries when It provides the Form W-9 to another flow -through entity in which it has an ownership Interest. This change is Intended to provide a flow -through entity with information regarding the status of Its Indirect foreign partners, owners, or beneficiaries, so that It can satisfy any applicable reporting requirements. For example, a partnership that has any Indirect foreign partners may berequired to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1066). Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS Is giving you this form because they Cal. No. 10231X Form w-9 (Rev. 3-2024)