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CONTRACT 3859 Public Works Contract CLOSEDJ 3 ORIGINAL PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND AMTECH ELEVATOR SERVICES This CONTRACT is entered into this 26th day of September, 2008, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and AMTECH ELEVATOR SERVICES ( "the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Fifty Nine Thousand Eight Hundred Seventeen Dollars and Zero Cents ($59,817.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Seventy (70) working days (the "Contract Time. ") I -D -1 3859•..; B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. I -D -2 3859. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Ms. Maryam Jonas City of El Segundo 350 Main Street El Segundo, CA 90245 310- 524 -2361 The Contractor Mr. Tom McKittrick Amtech Elevator Services 9808 Firestone Blvd. Downey, CA 90241 562- 658 -6000 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other I -D -3 3859. party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17.AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I -D -4 3859. IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: A general law city and municipal c rporation. By: a ity Manager o g,l ATTEST: By: �lw'" Cindy Wortesen City Clerk CONTRACTOR: I -D -5 Print Name: dit Title: II&AAM* Taxpayer ID Number: 04 - 10700,Y Contractor State License Number: % lak4, Contractor City Busines�S License Number: 3 `44& 7 3859.. FAITHFUL PERFORMANCE BOND IN THE CITY OF EL SEGUNDO PRPOSAL NUMBER: XES1303 Bond No. 015027990 Bond Fee; $179.00 Amtech Elevator Services 9808 Firestone Blvd., Downey, CA 80241 ("PRINCIPAL ") and Liber3 , a corporation incorporated under the laws of the State of MA and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ('SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of FIFTY NINE THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS AND ZERO CENTS ($59,1317.00), which is a minimum one hundred percent (100%) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations setforth in this bond, PRINCIPAL'S PROPOSAL No. XZB1303, and the the General Service Agreement executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamabon, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1, PRINCIPAL will construct the public improvements Identified in PROPOSAL No. X2B1303 a copy of which i5 on file with CITYs Engineering Division ("nblic Project "). Such performance will be In accordance with CITY's plans and profiles PROPOSAL No. X2B1303 which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public PmIW will be done in accordance with CITY'S plans and spocifications and with any permit issued by CITY. Should PRINCIPAL fall to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY, 4. This bond is conditioned upon and ruuarantses due compliance with all applicable law Including, without limitation, the EI Sogundo Municipal Code ( "ESMG ")• 1 -E -1 3859.,,,E 5. SURETY, for value received, agrees that no changes, extension$ of time, alteration or modification of PROPOSAL No. X2131303 or of the obligation to be performed will In any way affect Its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the ubligation to be performed. 8. This bond consists ofthis Instrument; the plans and specifications Identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference; A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clock for the county In which SURETY's representative is located conforming with California Code of Civil Procedure § 995.040 and _stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform Its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by Of otherwise this obligation will remain in full force. and effect. SIGNED AND SEALED this 8th day of PAL Sandra DRINGIPAL's SECRET Grace Laterza PRINCIPAL's MAILING ADDRESS: Amtech Elevator Services 9808 Firestone Blvd. Downey CA 90241 20 os r C ,URETY's SECRETARY Marla Chankersingh SURETY's MAILING ADDRESS: Liberty Mutual Insurance Company 1211 Avenue of the Americas New York NY 10038 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. 1•E•2 3859 AMMOWU60 +11 OF COR. 0"TIOH STATE OF - NEW YORK ., „ COUNTY OF .N9W.YPRK.,.... On this qgy October „2008 before me personally appeared 8th .......... .... Sandra. Rim ................. ............................... to be known, who, being by me duly sworn, did depose and say, that he/she resides at ...... New York, New York ...................... ............................... .......... that helehe •ts the ...I ATTORNEY -IN -FACT, ......................9j OTIS ELEVATOR COMPANY the corporation described in and which executed the within insurance instrument; that he /she knows the seal of said gorporatlort; that the seat affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; an4 that he/she signed his/her name thereto by like order. ACKNOWLEDGMENT OF PRINCIPAL - IF INDIVIDUAL OR FIRM STA'f; E OF ............ COUNTY OF J On this . ............................... day of ........... .........................,...., ........ before me personally appeared ............ ................... .......................... I ...... I..... "............. to me know to be (the individual) (one of the firm) of ...., .. . .................... ............... I.....I.I...................... described In and who executed the within instrument and he/she thereupon acknowledged b me that he/she executed the same (as the act end deed of said firm). ACKNOWLreDGMENT OF SURETY COMPANY STATE OF ... N EW YORK COUNTY OF . NEW YORK,,,,,, ss On this October 8, 2008 before me personally came .... Valorie Spates ............. ...... to me known, who, being by me duty sworn, did depose and say; that • he/she resides in Queens .... state of .... New York that helahe Is the Attomsy -ln -Fact of the LIB. . ERTY MUTUAL . . INSURANCE . . . COMPAN .. .. Y .................. ....... the corporation described in which executed the .... .......................... ......... above plitr MOrIt; that he/she knows the seal of sold corporation; that the seal affixed to said instrument.is woh corporate seal; that Is was so affixed by tho Board of Directors of said corporation; and that he/she signed his/hernome thereto by like order, and the affiant did further depose and say that the Superintendent of insurance of the State of New YorK, has, ptirsuent to.Section 1111 of the Insurance Law of the State of New York Issued to .....L1b6rly. Mutual nsura n ce. Company,. (Surety) his/her certificate d qualification evidencing the qual'rfioatbo of said Company and Its sufficiency under any law of the State Of NOW York as surety and guarantor, and tha propriety of scooping and approving It as such; and Inat suoh oertincate es not been revoked. . a ... 11.1 Notary Public EVANGELINA L. DOMINICK Notary Public State of New York 01D04769474 Qualified in Westchester ounty Term Expires January 31, 389•, LABOR AND MATERIALS BOND IN THE CITY OF EL SEGUNDO PRPOSAL NUMBER: XZB1303 Bond No. 015027790 Bond Fee: $179.00 Amtech Elevator Services 9808 Firestone Blvd Downey CA 90241 t as principal ( 'PRINCIPAL') and Liberty Mutual Insurance Company, 1211 Avenue of the Americas, a Corporation NY, NY 10036 incorporated underthe laws of the State of MA _ and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY"), are held and firmly bound unto the CITY OF ZL SEGUNDO ('CITY') in the sum of FIFTY NINE THOUSAND EIGHT MUNDRLD SEVENTI'EN DOLLARS AND ZERO CENTS ($89,617.00), which Is a minimum one hundred percent (1U0 %) of the Contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the some manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond [a conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, foror aboutthe performance of the work contemplated in PROPOSAL No. X281303 ("Public Project°), the General Service Agreement executed for such Public Project, and for all work or labor of any kind performed for the Public Project- In the case of any default in the performance of the conditions and stipulations of this undertaking, it Is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default, BOND CONDITIONS 1. PRINCIPAL will construct the public improvements Identified in PROPOSAL No. X2B1303, a copy of which is on file with CITY's Engineering Division ("Public Project'). Such performance will be in accordance with the specifications outlined in PROPOSAL No. X261303, which are made a part of this bond when said specifications are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliancewith all applicable law including, without limitation, the El Segundo Municipal Gode CSSMC "). 1-F -1 3859•, ,+ 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of PROPOSAL No. X281303, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. S. This bond consists ofthis instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificats issued by the county clerk for the county In which SURETY's representative is located conforming with California Code of Civil Procedure § 985.840 and btating that SURETY'S certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted, 7. Should PRINCIPAL. perform its obligations within the time allowed, PRINCIPAL's oblige ion will be void upon the acceptance of the performance by CITY; otherwisethis obligationwill remain in full force and effect. SIGNED AND SEALED this. 8th day of October 20 OB R CIPAL's PRFS NT ETY's PRESID T Sandra z, Attorney- in -Fac ` V r' Sp e , Aft - a .�— PRINCIPAL's SECRETARY SURETY's SFQWF I Y Grace Laterza Marla Chankersingh PRINCIPAL'S MAILING ADDRESS: Amtech Elevator Services 9808 Firestone Blvd. Downey. CA 90241 SURETY's MAILING ADDRESS: Liberty Mutual Insurance Company 1211 Avenue of the Americas New York, NY 10036 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -F -2 3859 - 6 • * AMMOVU00CM.OYCORMUTION STATE OF NEW YORK COUNTY 0F.N9W.YPRK ...... ss On this ...... 8th .... ...... ... before me personally appeared ............... day of _October 2008 ......................... ..... ................. to be known, Who, being by me duly sworn, did depose and "y; that he/she resides at ...... New York, New York , ................................................................. that he/she -IS the _j ATTORNEY-IN-FAgI . ........... ­ ......... ....... OTIS ELEVATOR COMPANY ............ the corporation deecbed In and which executed the within Insurance instrument; that he/she knows the seat of sWd gorpoiatIoN that the seal affixed to said Instrument Is such corporate seal, that is was go affixed by the Goord of Directors of sold corporation; and that he/she signed his/her name thereto by like order. ACKNOWLEDOMENT OF PRINCIPAL - IF INDIVIDUAL On FIRM STATE OF ..... ...... SS COUNTY OF , . } Onthis ................................. day, of ..................................... ... .... .. before me pereonalty appeared ............ ........................................................................ to me know to be (the individual) (one of the firm) of ................ .......... I ........................ described in and who executed the within Instrument and he/she thereupon acknowledged to me that he/she executed the same (as the act and dead of said firm). ACK4OWLreDGMENT OF SURETY COMPANY STATE OF YORK ........... I I I "... COUNTY OF. NEW YORK ...... SS bn this .,,October 8, 2008 before me personally came _.,yaIorie..Spates ................................ to me known, Who, being by me duly sworn, did depose and Say; that -he/she resides in .... Queens . ....... 1. ................. state of .... New York ...... that he /she Is the Attomay-in-Fact of the LIBERTY MUTUAL INSURANCE COMPANY ........... I .................. ................. the corporation described In which executed the above Instrument; that he/she knows the seal of sold corporation; that the seal affixed to said instrument .Is mah corporate seal, that Is was so affixed by tho Board of Directors of said corlboratton: and that he/she signed hisihername thereto by like order, and the afflant did further depose and say that the Superintendent of Insurance of the State of New Yol his, gursuant to. Section 1111 of the Insurance Law of the State of Now York Issued to ...,.Liberty ce Company . ............... (Surety) hialher certificate of ...... .......... ....... . ................ . qualification evidencing the qualification of said Company and its awffloloncy under any low of the State Of NOW York ;0 suroty and qudramtor, and the propriety of accepting and appfoving It as such; and Tnat such o6runcate os not been revoked, J� & i;WP66iic' ....... ", ..................•,.,.... EVANGELINA L. DOMINICK Notary Public State of New York 01 D04769474 Qualified in Westchf�,;ter County Terra Expires January 31, 20 P 3859.,, SpSCML powzlt OF ATMRMY OTIS ELEVA'1'01 t COMPANY, a ocxpomtlon orpdW and existing under the laws of the State of New Jessay Chha Compa yl, on behalf of Wait its subsidiaries and dMiatee, hereby m,"s, coothutes and appoints AON RISK; SERVICES, INC. 017 CONNECTICUT, a eorporadon and exisdug under the laws of the State of Conneadcut and AON RISK; SERV CB8, INC. OF NEW YOM a ooc =t'on , r its organized and exist as under the laws of the State of New York, as the Co"siny s o subsidiaries' or ai'Bi tiates' true and lawful attorneys in fact, with Sall power to exeauto, Beal and deliver on behalf of the Company, its subsidiaries ar affiliates, surety bands and document$ anoiller, , thoreto issued in the course of the Company's, its subsidiaries' or affiliates' buslaess, subject to the provisions of the lasumnoe Brokerage and Service Agreement eff'eativ a Marsh 1 ,�2� � � Teohnalogies Services Corporation, as amended or Risk Services from mrti York, and to bind the Company, its subsidiaries or afllliates supplemented from lima to time, thereby ss if such v rritings had been duty executed and acknowledged by officers of the Company of its sut xldiaries or affiliates. IN WITNESS WHEREOF, � �� ehas this caused day Special f April 2007. Attorney to be signed by Y UNITED STATES OF AMERICA, STATE OF CONNECTICUT COUNTY OF HARTFORD OTIS ELEVATOR COMP • :� /; 14 J B Y' a m 00 e; Bill � . ' � , . •' � Titre: ce Presidelat, Oenoral i✓ounsel and ' ±' �..•`' Secretary ss: TOWN OF FARMINGTON On tlila,.fiWY or April 2007, before use, a Notary Public in and for said County and State, personally sppeared'JOHAN O. BILL, who acknowledged himself to be the Vice President, Genera) Counsel and Corporate Secretary of OTIS ELEVATOR COMPA , in trumont and that as such, being authorized the cogoradou nomed•in the foregoing s It see therein co 4,.. to do, executed this foregoing instrument for the $erne for the P� by signing such di►eument irt• his capacity as Vice President, Deneral Counsel and r Corporate seoreta •y. !l •� . % t Notaryy Public � S , Expires: p ' Ex June 30,2010--,4-, ,, 2317489 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint GLENN J. PELLETIERE, BETTY CALDERON, VIVIAN CARTI, CYNTHIA FARRELL ROBERT P. MCDONOUGH, HALINA KAZMIERCZAK, THOMAS RHATIGAN, SANDRA DIAZ, EVANGELINA L. DOMINICK, MICHAEL KUBIS, ANNETTE LEUSCHNER, VALORIE SPATES, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK ............................ , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety ob gg00ations in the penal sum) of exand the FIFTY MILLION AND 00/100******************** DOLLARS ($ execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. c Y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of i Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 10th day of April 2008 LIBERTY MUTUAL INSURANCE COMPANY � ,✓ �'�. Garnet. Ell lot , Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 10th day of April 2008 , before me, a Notary Public, personally came carnetrarnet W. ElliottElliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above writte n n. o'y L CoIAMC}NwEAi TH OF PSNN YLbAN1A XsaPastella, f Saul 0 %r"a P&5 A, NOWY f' k By Ter Notary Public 4� Aaer�ac. t'+arenaAvania A"MiaVan of NQtarfcp CERTIFICATE ,'d I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 8th day of October f�= ey . Davi M. Carey, A;sotg6t Secretary 38 -9. Mlrriw " formyfor myoft........, �k�C4t. M1! tVAlIll4Slr 11 141G41NAA41! ........................... ............................... . 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PROJECT LOCATION: ATTENTION: Park Vista Apartments Ms. Maryam Jonas 615 East Holly Ave. Phone: (310) 524 -2361 El Segundo, CA 90245 Fax: (310) 640 -0489 MACHINE NUMBER(S): 86616 PROPOSAL NUMBER: XZBi303 We will provide labor and material to furnish and install on the above referenced machine(s) the following: Elevator Modernization — One (1) Simplex Hydraulic Elevator NOTE: All work will be compliant with new CA Group IV Elevator Code requirements. Replace the worn and problematic elevator equipment as described below to: ✓ Ensure maximum reliability of the elevator equipment • Minimize elevator shutdowns • Ensure the safety of the building tenants, patients, visitors and staff ✓ Reduce risk of injury to passengers ✓ Reduce liability exposure associated with elevator - related incidents ✓ Increase resident satisfaction Recommended Treatment (rovide new or retain existin System Component— Controller New "Rescuvator" Battery Back -up Device Included We propose to furnish and install a "Rescuvator," providing auxiliary power to your hydraulic elevator. In the event of a primary power failure or a single -phase condition, the "Rescuvator" is designed to automatically return the elevator to its lowest landing at normal speed and allow all passengers to exit. When the car reaches the lowest landing, the "Rescuvator" is designed to open the door(s) for a preset time. The device is also designed to allow the DOOR OPEN button to continue to operate normally to allow passengers to exit. After all passengers have exited, the car remains parked with the door(s) closed. To preserve battery life, the "Rescuvator" is designed to turn off after four minutes. If all elevator controls are in normal position, the elevator will be able to resume normal operation when building power is restored. Once main power has returned, it takes from six to 24 hours for the batteries to become fully charged depending on the amount of power consumed in performing an ERU operation. PLEASE NOTE: WORK BY OTHERS Others are to provide an auxiliary contact on the main -line disconnect switch and run two # 18 wires from this auxiliary contact to the elevator controller such that when the main line disconnect switch is in the ON position, the auxiliary contact is closed and opens mechanically when the main line disconnect switch is placed in the OFF 0 AnAceli F..levtu.or Services, 2003 All Rights Reserved Impact Form 421 (03/02) Proposal# XZB 1303 Page 1 of 6 08-11 -2008 12:02PM FROM- AMTECR +5828588060 3€53 -. T -886 P.003/006 F -388 Electronic Door Detector: door protection system is made up of many infrared The state -of -die -art electronic beams, strategically placed at intervals along the full length of the leading edge of the car doors. If a passenger or object moves through the doorway after the doors have be¢un to close, the will automatically re-open, and will remain so until the C AMIQ¢h FJcratorSt"leec All Rightr Reserved impact Form 421 (OSM2) prolxanto XZB1303 Pate Z of S New Solid state starter New Traveling Cables, wiring Retain Fan New Car Operating Panel (COP): to ADA- . The new COP will have a #4 brushed stainless steel finish, and will integrate raised 1 /8" raille compliant features, including lighted mechanical pusbbtitporu, , backgrounds and threaded studs, ADA approved speaker tags with contrasting phone, Phase H Fireman's Service and jewel, emergency light unit. di��ieplloost indicator with a segmented display, passing chime, angry ed sigwg features as existing. The existing in -car position indicator will be removed, and a ,metal plate installed to cover the hole kfE by the removed indicator. Intercom (as required by new Group JV State Elevator Coda) New Amtech wiU install the new intercom to comply with Croup IV Code at a location to be determined. IPMR , 0m machine room to lrttercara to be completed by others. New In -car Emergency Telephone The new emergency phone will be an ADA- approved speaker phone, integral to new COP. If a working phone line does not already exist, such a line must be provided by others. New Emergency Car Lighting Integral to the now COP. The new COP will feature it lightingtalarm bell system with power supply in the elevator car to provide car light and power for the alarm bell in the event of it power supply failure. The emergency light will appear behind a translucent lens such that it will iAurninate the car operating panel area when be iostaned on either the car top or the underside of activated. The alarm beU wiU the platform. , New Car Traveling Lantern The new traveling lantern will provide direction indication through standard style lenses, and will feature a double- sounding gong, per ADA code. To meet elevator code requirea nts, the lanterns will be installed in the cab jambs. The cover plate shall be brushed stainless steel #4 finish. NO'T'E: Patching of any finished wall surface is nor Included in this proposal. New Hall Stations it riser): New hall stations, of brushed stainless steel #4 finish, will be installed at each landing (one per floor). They will be installed at the appropriate height to be - compliant with Title 24 and ADA requirements. NOTE: Coring of concrete or the of any finished waU are not included in this proposal. stone and/or patching New Car Door Operating Equipment: The new GAL door operator package Includes: ✓ MOVFR single speed master power operator ✓ Single speed car door hanger with 3.1/4" non - metallic rollers ✓ ANSI zone lock car door clutch ✓ Single speed hatch door hanger with 3 -IK' non metallic rollers (one per opening) ✓ Auxiliary spring door closer (one per opening) Type MO hatch door interlock (one per opening) Hoistway Door Operating Equipment New Retain Hoiatway Doors New Electronic Door Detector: door protection system is made up of many infrared The state -of -die -art electronic beams, strategically placed at intervals along the full length of the leading edge of the car doors. If a passenger or object moves through the doorway after the doors have be¢un to close, the will automatically re-open, and will remain so until the C AMIQ¢h FJcratorSt"leec All Rightr Reserved impact Form 421 (OSM2) prolxanto XZB1303 Pate Z of S 09 -22 -2006 12.03PM FROM- AMTECH +5626588080 doorway is clear. The new door protection system kinetic energy closing, as required by code. aht Guards Machete room cleatung Access switches 3859•. T -896 P.004/006 F -368 Retain New lucluded New ALTERNATE: As the existing car is currently inoperable, a esr top inspection was not able to be performed. Per State of CA Group IV Code requirement, a car top safety handrail is required "if clearance between the car top and the hoistway wall exceeds 12" on any side." Should this condition be identified when the car top is able to be surveyed; Amtech will present a separate proposal for the installation of the required cu top bwuhlil. The cost of this work will be approximately 55,344.00 (Five thousand tbree hundred forty -four and 001100 dollars). NOTES: All prices are based on a thirty percent (30 %) down payment and are valid far thirty (30) day" Completion times required for the modernization scope described above is approximately two and one half (2.1/2) weeks. All cutting and patching is to be completed by others. This project's scope and pricing assumes the existence of a working telephone line in. the elevator. This project may involve work by others. Such work has not been included in the scope of work described above, not in the pricing of this project. All work is to be completed daring the regular working hours of the elevator trade. One full day of required inspections and an permittittA relating to this project have been included in the price shown i below. NOTE: Following receipt of your authorization to complete this work, materials will be ordered and labor scheduled upon receipt of the down payment amount identified below. Please forward the down payment for this project to: Judy Brown Attmch 1levator Services 9908 Firestone Blvd. - Downey, CA 90241 IT IS 19PORTANT TO REFERENCE "REPAIR ORDER DOWNPAYMENT" AND THE PROPOSAL NUMER SHOWN ABOVE ON YOUR CHECK. FAILURE TO DO &O MAY DELAY THE Co MPLETION OF THE PROPOSED REPAIR. IF PAYING BY CREDIT CARD, PLEASE COMPLETE THE FOLLOWING: Type of card (VISA, Master Card, eta.) Name on card Card Number Expiration Date PLEASE FAX A SIGNED COPY OF THIS PROPOSAL TO (562) 656 -6060 TO AiTTtIORM THE COMPLETION OF THIS WORK. ., 40 AMUtCh flevstor Serried All MOMS RUSUV d =WeCt Form 42: (03!03) pr,P,,,v =1303 Page 3 of 5 09 -22 -2008 12:08PM FROM- AMTECH X059•.•.1 +5626588060 7-866 P.005 /006 F -866 PRICE: $89,817.00 Fifty nine thousand eight hundred seventeen and 001100 Dollars This price is based on a thirty p ereent (309/4 downpaynuttt in The mount of S 1 T.945, This proposal, including the provisions printed on the last page(s), and the specifications and other provisions attached hereto shall, when accepted by You below and approved by our authorized representative, constitute the entire contract d. between us, and all prior rep reseMdOns or agreements not incorporated herei Submi tted by Brown (582) 688 -6000 Accepted in Duplicate CUSTOMER Approved by Authorized Repmernative Date: Signed: X Print Name: Title: Name of Company: O principal, Owner or Authorized Representative of Principal or Owner 0 Agent (Nam+ of Principal or Owner) Amtech Elevator Services Approved by Autl=ited Representative Date: Signed: Print Name: Tom INCKittrick 'title: Branch Manager XZB1303 Page 4 of 3 0 AWCeh Ctevalor�3ervirey Am Rights Rights Reserved impact form 421 (03101j Propox:�U► q R � MARSH CERTIFICATE OF INSURANCE 11023 D PRODUCER This certificate is issued as a matter of information only and confers no rights MARSH USA INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the ONE STATE STREET coverage afforded by the policies below. COMPANIES AFFORDING COVERAGE HARTFORD, CT 06103 -3187 Company Hartford Fire Insurance Co A INSURED Company ins Co of the State of PA AMTECH ELEVATOR SERVICES Company 9808 FIRESTONE BLVD. DOWNEY, CA 90241 C Illinois National Ins Co. Company National Union Fire Ins Co Pa D Company New Hampshire Insurance Co 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 1, 000,000 A GENERAL LIABILITY 02CSET10004 04/01/2008 04/01/2009 CE $ ® Commercial General Liability $ 300,000 ❑ Claims Made Z Occurrence $2,000,000 general aggregate per E $ 10,000 4PERSONAL ❑ Owners' and Contractors' Protection location /project RY 1,000,000 ❑ 2,000,000 ❑ $10,000,00 0 policy general 2,000,000 General Aggregate Limit applies per. aggregate P ® Policy El Project ❑ Location 1,000,000 A AUTOMOBILE LIABILITY 02CSET10000 (A/O) 04/01/2008 04/01/2009 COMBINED SINGLE LIMIT $ I&I Any Automobile 02CSET10019 (HI) BODILY INJURY Per person)$ ❑ All Owned Automobiles Hartford Underwriters Ins BODILY INJURY Per accident $ ❑ Scheduled Automobiles $ PROPERTY ❑ Hired Automobiles COMPREHENSIVE ❑ Non -owned Automobiles ❑ COLLISION B WORKERS' COMPENSATION 1928748(MA), 1928751(CA) 04/0112008 04/01/2009 %� er WC Statutory Limit Oth 1,000,000 C AND EMPLOYERS' LIABILITY 1928750(FL) 1928752(CT ex.SIR $2,500,000) EL EACH ACCIDENT $ 1,000,000 E 1928742 1928744 1928745(MN) EL DISEASE (Each employee) $ $ 1,000,000 1928746(TX) 1928749(NJ) EL DISEASE (Policy Limit) (F) American Int'l South Ins Co 1928743 1928747(OR) EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ ❑ Occurrence []Claims Made This certificate only applies to DVL- 60341 -NC Park Vista Apartments, 615 E. Holly Ave, El Segundo, CA. The City of El Segundo are additional insured to the extent required by contract. The policies are primary and non contributory and include a waiver of subrogation both to the extent required by contract. CERTIFICATE HOLDER PUBLIC WORKS DEPARTMENT El Segundo City Hall 350 Main Street El Segundo, CA 90245 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. ZzyBY RSH USA INC_ .�-- ,�C�I aes.w Certificate ID # 10- 30-2008 01:45PM FROM- AMTECH Policy Number: 02 CSE T10004 3859. +5626586060 T -124 P.001 /001 F -088 Effective Date: 04101/2008 it Named Insured and Address: UNITED TECHNOLOGIES CORPORATION ONE FINANCIAL PLAZA HARTFORD, CT 08101 Endt. No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED . OWNERS, LESSEES OR CONTRACTORS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY SCHEDULE Name of Person or Organization: CONTRACT NO: DVL- 80341 -NC THE CITY OF EL SEGUNDO WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. For the purposes of this endorsement, "you" shall refer to Otis Elevator Company d1b /a Amtech Elevator Services, and "your work" shall mean work performed by or for Otis Flevator Company d /b /a Amtech Elevator Services. Form GT 53 2413 (Ed 01103) m 2003, The Hartford (includes copyrighted material of Insurance Services Office with Its permission. Copyright, insurance Services Office, Inc., 2003 ) Page 1 of 1