HomeMy WebLinkAboutC-8603-1 - M/RSA for HVAC Maintenance and Repair ServicesPremium: $220.00
Subcontract Performance Band
Bond No. 94o275.1. .
Any singular reference to Contractor, Surety, Owner or other party shalt be considered
olurat where applicable.
SUBCONTRACTOR (Name and Address):
ACCO Engineered Systems, Inc.
888 East Walnut Street
Pasadena, CA 91101
SURETY (Name & Principal Place of Business):
Fidelity and Deposit Company of Maryland
1299 Zurich Way, 5th Floor
Schaumburg, IL 60196-1056
CONSTRUCTION MANAGER (Name and Address):
City of Newport Beach
592 Superior Avenue
Newport Beach, CA 92663
SUBCONTRACT
Date: March 24, 2022
Amount: $26,776.00 Twenty Six Thousand Seven Hundred Seventy Six Dollars and 00/100
Project Description (Name and Location): Bldg K Heat Pump Install
BOND
Date (Not earlier than Construction Contract Date): April 1, 2022
Amount: $26,776.00 Twenty Six Thousand Seven Hundred Seventy Six Dollars and 00/100
Modifications to this Bond:
r"
SUBCONTRACTOR IN tP
Company. ra al)
ACCO Engineered S t , In .
Signature:
Name and Title: ;Hugh Palmer
Assistant Secretary
(Any additional signatures appear on page 3.)
BOND AGENT or BROKER:
Name: Lock -ton Companies, LLC
Address: 725 South Figueroa St.
Los Angeles, CA 90017
Telephone: (213) 689-0522
X None See page 3
SURETY
Company: (Corporate Seal —0 ctporl�
Fidelity and Deposit-Con-rpany of Ma +c.4 -a o
"OWNS
wo
Signa
Marne d Tits_ none Gerhard
ARCHITECT:
1. the Subcontractor and the Surt ty, jointly amus severally,
bind themselves, terror heirs, axccutom adireWstratora,
sutura and assigns to theConsftatioa Manager For the
porformanee of the Subcontractor, which is incorporated
herein by referenca
2. tf the &ubaostraetor fuay performs the Submtrect, the
Surety and the Subcontractor shall have so obligation under
skits Sorsd, except to participate in confereintecs as prove
is Suhparagrapla 3.1.
3, if their is no Commotion Manager Dtfantlt, tate
Swv Ws obligation ander Ibis Doand :dealt wise after.
3.1 Us Const action Manager has notified (he
Sabeo traawr and tete Surety st the address described in
Paragraph 10 below sinal dee Conmuction Manager is
considering 4eclw iag at Subcontractor Default and beat
aNucAW +ant altamvvpwd to arautge a confcmtce wid
the Subconmsctar and die StraW to be held not lana
than JO days $fkr moue of such nodat to discuss
methods of pmfaasning the Subcontract. If tho
Coshstroction Monagcr, the Suboontsww teed the
Suscty. sgnoc. tine Subcontractor shad be allowed a
reasonable time to perform the Subcoutseet, but such ap
agreement shall not waive the Construction Manager's
tight, if Baty, to sutaNumly decbm.a Subcontractor
Uefi uk. upd
3.2 Tire Conswwtion Manager has datared a
SubcocawAor Dofautt and lo;vnrdly tomrimod the
Subcoomm 'e tight to wtoplete the Subcontract.
Such Subcaattz;w Default shall not be declared earlier
Asa fiRett days attar site Subcontractor and the Surety
have roodved notice as provided In Subparagraph 3.1;
and
33 The Co nstraWon Manager has agreed to pay fire
Batsnice of the SubaaoutrexR Amount to the Surcgr in
accordance with the items of the Suboorrtrad or to a
coutraetor sclocW to prrfotm the Subocxatract is
actwrdance with the learns of the ooatrset with the
Cocstrixtiaan Manager,
4. When the Constrtnxion Manager has saMfted the
eoralitkina arfftygraph 3, skit Sw ty 4otl prrxyxly and at
the Sum's expense take one of dee following atctia w.
4.1. Anange for the Sul3conttractor, whh consent of
Ow cornstruaion Mar ngaar, to perform and
waplete the Subcontract; or
41 Undcanke ro perform and a mrvpkw an
Subcoutnasct itselt dvough its agents or througb
irWepa dem asauatraackes; or
4.3 Waive its right, to pwfottt and wmpldr, snuSe,
for carterle ion6 or obtain r now contractor a%d with
rcasonsblc promptness under tine circumstances:
1. After invastiption, determine the amount for
which it is liable to the Cansouction Mann=,
endsas soon: as practicable after site amount is
determined, tender payment thercfosr to the
Ctrarstraction Manager, or
2. Dcay liability in whole or in pan and notify
skit Constntctson Mantgor citing reasons
tha vfbm
5. If the Surety does not proceed as provided in path
4 with re amble promptuets, the Surety shalt be steamed
to be iu default on this Send ten days after receipt of an
odditiotnal written Mice fim the Constr actica Manager to
the Surety dncrnamiiug that the Saurety lnerform its
obligations radar this Bond, and the C.nt=tien Manger
shall be entitled to enforce; any tesnccly ttv4floblo M the:
Coustructio s Manager. If the Surety proceeds es provWcd
in Subparagraph 43, and the t aasatectson Manager refuses
the payment tendered or the Surety has alcn;cd stability, is
V111014 of in part, wt7itioui further netier tine Construction
Manager shall be entitled to enforce any rem* available
to the Cot mucsion Manager:
6. Afta tine Construction Manager has terminated dee
Subcoahoaetoes right to complete; the Subcontract, and if
Ow Surelyelector to v w6x Subpu'ragrolk 4.1 w 4.2
above:, then the reaperos-wities of the Surety to the
Construction Manager shall am be greater the:* Own of the
Subcoint for eutder cite Subeaantract, and the
tesixw1bilides of ulna Conoruction Manages to the Suray
shall not be greater than those of 6c Coastructiun Manager
undur the Subcontraci. 'Ten 11rc limit of doe amount of Na
Bond (whits► shall bre inaavased or dacreased to soar n7md
with changes in the Subaontraot Arnott). but subject to
commsitmcnt by the Cost"Wion Manager of the Balattco
of ' ft Contract bice to mitigatioln of vests and dwwses on
the Subcanmmc4 the Surety is obligated without duplication
for:
6.1 11w ranxzr.eilpi wee or the Subaw►[raa for for
car =don of defective wmt and. completion of the
Subcontract;
6.2 Additional legal, design pre testis mat and aieiny
casts multing torn ties Subco ntrmtor's Default and
resulting frosty the actions or failure to ant of the Surety
rnsdcr Pnmgtmpin 4; end
63 Liquidated damage% of liquidated damages am
specified In the Subconback nndlor actual-iammages
caused by delayed pexPormanco of anon+-pedorrnanse of
the Subeoatradt
7. The Surety shall not be liable to the Constmetiont
Mattagcrorothers for obligations of the Subcontractor that
see wrelantcd to the Ssbconvack avid the Balow of the
Contret Prime shalt not be reduced or set off on account of
any such unrelated obligations. No right of cellon shall
accrue on this Bond to any person or entity other than the
Construction Manager or its heim executors, administrators
or successors.
& Thio Surety hereby waives notice of any change,
including changes of time, to the Subcontract or to related
subeontmc% purchase ordem and other obligations.
4. Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or past of the work is located If
the ,provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the writ shall be
applicable.
10. Notice to the Sway, the Conswoolon Manager or the
Subcontractor shall be trailed or delivered to the address
shown an the signshrre page.
11. When this Bond has boon furnished to corWy with a
statutory or other legal requirement in the location whore
the construction was to be poformed, any provision in this
Bond conducting with said statutory or legal requirement
shall be demised dclded herefi m and provisions conform
to such statutory or other legal requirement shall be deemed
to be incorpora e d herein. The intent is that this Bond shall
be construed as a statutory bond and not as a common lay
bond.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
12. DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Construction Manager to the
Subcontractor ander the Subconitract atter all proper
adjustments have been made. including allowance for
any amounts received by die Construction Manager in
settlement of iunsumnce or other claims for damages to
which tha Subcontractor is entitled. reduced by all
valid and proper payments made to or on behalf of the
Subcontractor under the Subcontract:
12.2 Subcontract: The agreement between the
Co mmetion Manager and the Subcontrwor
identified on the signature page, including all
subcottrwi documents and changes thereto.
12.3 Subcontractor Default Failure of the:
Subcontractor, which has neither been remedied nor
waived, to Worm or othenwfse comply with the
tears of the Subcontract.
12.4 Construction Manager Default: Failure of the
Construction Manager, which has neither been
remedied not waived, to pay the subcontractor as
required by the Subcontractor or to perform and
complete or comply with the. other tams thereof
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
Signature., Signature:
Name and We: Name and Title:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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
County of Los Angeles
On APR 01 2022 before me, D. Garcia. Notary Public, personally appeared Simone
Gerhard who proved to me on the basis of satisfactory evidence to be the person{s4 whose
names} is/afe subscribed to the within instrument and acknowledgment to me that
44e/she/fey executed the same in hiss/her/44eif authorized capacity(ies), and that by
Ns/her/tom signature,(,) on the instrument the person,( -s), or the entity upon behalf of which
the person{s4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
D. GARcIA State of California that the foregoing paragraph is true and
COMM. 4"2354770 z
p Wim'.
Notary Public - California o correct.
Z t; Los Angeles County j
�ta`FFF My Comm. Expires Apr. 18, 2025
Witness my hand and official seal.
/f /���
Signature 1�+� z " �`--
g D. Garcia, Notary Public
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a,corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND. DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert A Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to .be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint B. ALEMAN, Ethan SPECTOR, Timothy NOONAN, Janina MONROE, Adriana VALENZUELA, Jennifer OCHS, Aidan
SMOCK, Lisa CRAIL, Simone GERHARD, Erin BROWN, Paul RODRIGUEZ, Emily NEWELL, D. GARCIA, KD WAPATO, Marina
TAPIR, Edward C. SPECTOR, Ethan SPECTOR of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make,
execute, scal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the -execution
of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY; at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY. AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 07th day of February, A.D. 2022.
- - Wi"�'�nq- „nvGwdrr uu w
.eu�t. rd''y pcag„r%Y t`�,c A "ani
°
-'*r SEA,t gC�19'—M"SEAL°a_ oSEAL`� =
%a4 �r
.vrATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Dice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 07th day of February, A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and. acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate -Seals and
the`signature as such officer were duly affixed and subscribed to the said in by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A. Dunn, Notary public
My Commission Expires: Judy 9, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com.or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in=fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do fiuther certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed
IN TESTIMONYR#Cf, hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of [[JJ O
,�a4a
MaaVaaNM, raal
a„ SEAL" y x
SEAL f+
, SERE
'"nxnMW`M
'aaaavyNJNulaa
Hryetaraau+a'�
By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON _THE.BOND, THE BOND NUMBER, AND YOUR CONTACT ...................... _
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to:
rM 1its (claims(cigmrichna. coin
Authenticity of this bond can be confirmed at bondvalidator.zurichnacom or 410-559-8790
Subcontract Payment Bond
Bond No. 9402751
Any singular reference to Contractor, Surety, Owner or rather party shall be
considered plural where applicable._
SUBCONTRACTOR (Name and Address): SURETY (Name & Principal Place of business):
ACCO Engineered Systems, Inc. Fidelity and Deposit Company of Maryland
888 East Walnut Street 1299 Zurich Way, 5th Floor
Pasadena, CA 91101 Schaumburg, IL 60196-1056
CONSTRUCTION MANAGER (Name and Address]:
City of Newport Beach
592 Superior Avenue
Newport Beach, CA 92663
SUBCONTRACT
Date: March 24, 2022
Amount: $26,776.00 Twenty Six Thousand Seven Hundred Seventy Six Dollars and 00/100
Project Description (Name and Location): Bldg K Heat Pump Install
BOND
Date (Not earlier than Construction Contract Date): April 1, 2022
Amount: $26,776.00 Twenty Six Thousand Seven Hundred Seventy Six Dollars and 001100
Modifications to this Bond:
SUBCONTRACTOR
Company:
ACCO Engineered 5)+ stfiyjs, I
X None ._.,,See page 3
SURETY
Company: (Corporate Seal)
Fidelity and Deposit Company of Maryland*qtr oe�Qsr
0*4
w,"'°'� r
�4
Sigrraturq� i IN30
:J
Name and Title: " MUgh Palmer Marne
Assistant Secretary
(Any additional signatures appearon page 3.)
(FOR INFORMATION ONLY)
SUBCONTRACTOR'S BOND AGENT or BROKER: ARCHITECT:
Name: Lockton Companies, LLC
Address: 725 South Figueroa St.
Los Angeles, CA 90017
Telephone: (213) 689-0522
hard
n -Fact
1. The Subaxx+traolam +and deer: Surety, joWtfy and. wmidly; bitsd
tiaetnaclee% their heim euoeAWI adtttiaaiatrtto^ siscorssor4 sued
assigat to the Canstrnetict Manager to pay for labor. ma criats and
eyutl mm Inu!*W for use as the pabromm of dtt Submeltact
which is iitcorpomi cat herein
by t dfcaaoce.
2. With ford to, the Ca WWAction Manager, this ON11 titin shall
be null wad void ire" Sabomgaclor:
2.1 Pnotaydy RAM parmtat, drowy gr anduna ly. for
all awns dw Klan urAs, wad
2.2 lkferA% irxk= ifiea, and brJds butnim. the
CAMV ranee Macaw horst all clans. deoatrtds, Burrs or
swiss by spry person or aunty srbo IWT"W tabm movials
or equipment for este u da Mfanrnmm of the Sulumtraot,
pmvidedg mon Nbanger has promptly notifiedthe
SuIxciatmoW aW the Shy (at the address dcscn'bW in
Psragraplt 12) at ow claims, denomft lien or sutler:; ad
l dad drew or such cl hen demander. Baa or subs b
the Sabcotdneew wd dee Surdy, and pmvidad there as so
Consuaetiat Martsgar Dcfautt.
3. With raslmd to chiment;, char obOgation OWU be wants and void
it the Subomkoclor pmt yaty makes payment, Overly or
iudke *. for all;tans due.
4. 7'he Swety shall have no obligation to Claiowls mudq' ihas
basad =Wl
4.1 CWmw tx rAw are arnptoyed by or have a diml
ow mW with the &sbom a w have given Mice to dee
Serest' fan thtf address d --=W in paravgh 12) and seat a
copy, or 001t4a 020*4 e0 (%0 Csousirmfu n Ma nips, taaft
that a r mm is bang =We tailor this Ifanol and., with
sulealawtaaiaswear vAtltsoatttvsntaftlueckdm
42 Claus ft who da not have a direct earatract wins dsa
SabconteacOr have hmidwd written notice to the
SWWx*actor and no n espy, err notice themie4 to tum
Ceuediecrim Massager. within 90 days 010 having last
prfornwA tabor or lost ftamsb' ed aastestials er aslsup ned
included in abs ew" a sr+tieg, with "bom i a4cinncy. the
araourtt of the cwm and the antero of she pm to ,*b m aha
voterials aero itartictaed :orsappliad or At wMm the labour
Was dare or petforrtX* and bare east a +irtfttert notice so the
Smay fat the aftess described its pm ragh W aid east a
copy. or notice dweaf. to the CQUOu .4it>ra Msaag cr. atatmg
Asst s claim is bca g made tinder this Bald and enclosing a
OW offt pat vkw written aatico to else Subco maceer.
3.. If a amioa ngnared by Pa pqb 4 is given ba the
Coacructim Mu%a to the 5ubcm &cW or to the
SuretY.that is Sufliciat coarpiiance ,
6, Wbrat the Chimsait los aasisfied the t mWd ms of
Paragaapta 4. dw Surety ahall ~Ty maid at the Sntsty's
Comm lake. the feltpwnug aa60M
6.1 Sond stn aaxw ut site Claimant. +vldu n oq+y W
the Cowbwd t Manager,: within. 45 days atter
receipt of the elaks. Stating die amctsus that an
wdeputod atad the bads for chottengwS any
aunoaaata that air 4*so 1.
&2 Pay aa[ wrap thr pay inem ar stay tttad'espttted
amounts.
?, The Sufray's total abligatiotr dWl not wowed the
at OQt of this Band, orad to atsMM4 of ibis Beaad shall be
trea'2ted foraay paymaum nude in good b1th by the smvty.
& Arautatts owed by the Comtruetiori Marsapea to the
Subcoabstw modes dere Submuhact ala be: used for ft
pafotrnaws of aha Subcasmd std to add& cfairv% if arty.
uWa wry Submauset Pt ince Boal. By the
Subcaatrnotor fianishing and, the CatsbuMSoo Manager
W=Vmg skis ROd, they agree Neat aq holder comas by flue
SWX* ta=1n the performatsata of dw Sttb40rittWor imd
tAt Scotty WKW dsis Bea4 subject to slut G�ru[tsrcdoa
M auogee4 priority to use de !'sods for the OW44 ka of the
worlr.
9. The Strtety "I ant be Hible to the ConMicbm
himme r Clainwm or osbaaa tar obliptioms of the
Salt' nomw that are wet lent d tut the 5ubcmirac4 TM
t,3atainidion ltlaow aball m ba biablt for psymad of xW
oa>mes or expanses d*W Claivasapf under this Dead, wad saran
bave unda this Hand no obligations to awke say t%
give aatkn on bdatttof, or Wwwiso love obligations to
Ctaittaattlatndrfdnaa Hoand.
10. The Sassy, sur value reccivod, hatby cu anal
agrees 64 fo clumgel, fattmices of time, aheratioas of
AM= tho lettta of the Subcontract or to rrlauad vk-
sabcaatraas, punhus orders and other oblisetio n ahie! in
mtytvict affect its olftigatkm on Ibis r3W4 wad it dMterrby
waive Usdce of any swath ebanges, areterWM of surto,
&]Wndm or ad& ices to tlta trims of the Sstitcomtract or to
she tvotlt.
11. No resit or action shall be owtunairail by a olaimatd
w da this Bond odd t sw ar cwt of etehd jtnitwdi,-tidrl
in the location kt which the erode or past of the work is
located or alta the expfratiatr of one year Mrs the date (1)
to tsitich die Chimaru gave the mice tepited by
SubpuWaphy 4.1 at 4.2 at (2) an which dee tars labor or
setvice was peih=W by anyotsa or the fast amuorials or
esgwpan g were 5rrWm d tty anyone wander dee Sabcmtract,
whichever of (1) of (2) fW t occurs, if On povision of dais
Paragraph we void or prduibitod by law. the vinistrah pvd
of limitation available
to sureties as a defetrse is the jurisdiction of the writ shall be
11 Nolice to the Surely. the Coastructfon Manager or the
Sdcontrww shall be nwHad a delivacd to the afters shown
ort the Agin" page•
13. When, this Bond has beers furnished to comply with at
sumory or other Fegal requirement in the beaten where the
co=w was m be peforan4 any provitiiort in this Bond
conflicting w0 said statutory or legal agWfarAnt shall be
deemed deleted hewftaro and pr+ovi4iotts coatbr aft to such
atatu my or other lcV9 requetcaneal shall be deeewd to be
ittcorprarated hmin. The intent is that this bond shall be
corattuadas a statutory bond aid not as a aammon h4' bond.
14. Upon Moo by any p m err entity appcsring tD be a
paternal beneficiary of this Bond. the Subcawractor drall
p *aVtly fiwnislr a copy or this Band or eked permit a copy to
be made
15. DERNMONS
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
15.1 Claimant: An irulividual or anity supplying labor,.
materials or equiprreeM in the pmsectation of the work provided
Cut in the serbaomdraet. The i ntem of this Bond .shah be: to
include without lie " 00 in the terata "Faber, materials or
equrpar a that pan of water. gas„ power. tight. Beat. olk
germline, telephone sarviee or radal equip ncrit used in the
SubcMuset. mcchitectwal and sosgirmAng services sogubw Cor
patommice of the work of the Subcontractor's st6m trsctom
and all other Kerns far which a nteetr=Ws lien may be assmed
in Owjwia a dw where lbe hbor. materials or Wuipnxu were
fiarrtishod.
15.2 Subcantract: The agreement bow= ties Consowdort
Manager acid the Subomnractor ideptiW alt the sipmra page,
lwbAng are Subwnum f Darman and changes t wa%
1S3 Coetstruction Manager Default: FAR= of the
Cenrsawion Manager. which has neither beets. ietttedled nor
waived, to pay the Su *xmactar as mpthW by the Subcontract
to perform and oorrgrlete or congaty with the outer terms thereof
(Space is provided below for additional signatures of added parties, ether dtaA those appearing on the cover page.)
Signature: Signature:
Male and Title: Mame and Title:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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
County of Los Angeles
On APR 0 1 2022 before me, D. Garcia, Notary Public, personally appeared Simone
Gerhard who proved to me on the basis of satisfactory evidence to be the person¢'} whose
names) is/af-e subscribed to the within instrument and acknowledgment to me that
4e/she/they executed the same in his/her/#w-* authorized capacity(+es), and that by
his/her/ signatures} on the instrument the personks•}, or the entity upon behalf of which
the personfj acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
D. GAPCIA
COMM. #2354770 z
o - Witness m hand and official seal.
{ Notary Public •California o Y
crr;y;. s
Z \.,:: Los Angeles County
h6v Comm. Expires Apr. 1°, 2025
Signature
Garcia, Notary Public
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND.DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,. a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint B. ALEMAN, Ethan SPECTOR, Timothy NOONAN, Janina MONROE, Adriana VALENZUELA, Jennifer OCHS, Aidan
SMOCK, Lisa CRAIL, Simone GERHARD, Erin BROWN, Paul RODRIGUEZ, Emily NEWELL, D. GARCIA, KD WAPATO, Marina
TAPIR, Edward C. SPECTOR, Ethan SPECTOR of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution
of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY: at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN. CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND. DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY, AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF, MARYLAND, this 07th day of February, A.D. 2022.
. 4�,�NWIt11H.: t'��,jli�fl[��,Wttii fhJJ
aT C" �����G�Q R140L ci�gCi- �i. QG
.fit R1 9
SEAL f "i SEAL i 12�
R §M'iEIW; Y''.�``.R y.f{'\t�dN4iftMP ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 07th day of February, A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate "Seals and
the signature as such officer were duly affixed and subscribed to the said' instrument by the; authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
2 sd cl
4PlfA1;14\i `�\S
Jt41 pHC1`
Constance A_ Dunn, Notary hiblic
My Commission Expires: July 9, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in4act to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section S. of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed
IN TESTIMONYO , It
hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of.
,,,YI�"byy, c�p,,."ue y i• tom•
acay'"s r'
SEAL _ SEAL
4��1 M y�4.y,hlik�tl�N ��hryfi�{fM�A'
, ?K9
By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER4AND._Y0UR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to:
repo rtsfclai msri?zu richna. c o m
Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 410-559-8790
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH ACCO ENGINEERED SYSTEMS, INC. FOR
HVAC MAINTENANCE AND REPAIR SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 24th day of September, 2019 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and ACCO ENGINEERED SYSTEMS, INC., a California corporation
("Contractor"), whose address is 888 E. Walnut St. Pasadena, CA 91101, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 30, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items,
shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00), without
prior written amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be increased by two percent (2%) of the Billing Rates in effect immediately preceding
such adjustment.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
ACCO ENGINEERED SYSTEMS, INC. Page 2
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Mike Hamrock to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Facilities Maintenance Supervisor or designee shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
ACCO ENGINEERED SYSTEMS, INC. Page 3
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
ACCO ENGINEERED SYSTEMS, INC. Page 4
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
ACCO ENGINEERED SYSTEMS, INC. Page 5
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one
hundred percent (100%) of the total amount to be paid Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement in the form
attached hereto as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
ACCO ENGINEERED SYSTEMS, INC. Page 6
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
ACCO ENGINEERED SYSTEMS, INC. Page 7
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
ACCO ENGINEERED SYSTEMS, INC. Page 8
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Facilities Maintenance Supervisor
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Mike Hamrock
ACCO ENGINEERED SYSTEMS, INC.
ACCO ENGINEERED SYSTEMS, INC. Page 9
888 E. Walnut St.
Pasadena, CA 91101
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
ACCO ENGINEERED SYSTEMS, INC. Page 10
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
ACCO ENGINEERED SYSTEMS, INC. Page 11
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
ACCO ENGINEERED SYSTEMS, INC. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: V2q/Zolq
r
By. I
fvl: Aaron C. Harp
City Attorney c�►^`a'
ATTEST:
Date: 10.10,11
NAG
BrownLeilani 1.
City Clerk
eyJ
I F'Ot;00'
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 0„ G�
By.
Diane B. Dixon
Mayor
CONTRACTOR: ACCO ENGINEERED
SYSTEMS, INC., a California corporation
Date:
in
Signed in Counterpart
Jeffrey R. Marrs
President
Date:
By: Signed in Counterpart
John G. Petersen
Chief Financial Officer
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Labor and Materials Payment Bond
Faithful Performance Bond
ACCO ENGINEERED SYSTEMS, INC. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9�2 j/ZotQ
By: Jdr,
fbt . Aaron C. Harp �vA
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONTRACTOR: ACCO ENGINEERED
SYSTEMS, INC., a California corporation
Date: OctnhPr f3_ P019
By:
Carlton Seyfo
Secretary
By:
Hugh�lmAe
s, isk Manager -Contracts
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
ACCO ENGINEERED SYSTEMS, INC. Page 13
EXHIBIT
SCOPE OF SERVICES
ACCO ENGINEERED SYSTEMS, INC. Page A-1
SCOPE OF SERVICES
1. Quarterly HVAC Maintenance Services
1.1 Quarterly inspection and maintenance of all units shall include, but is not limited
to:
• Change air filters
• Lubricate motor and shaft
bearings as required
• Check and adjust blower
belt(s), if applicable
• Change belts, if applicable
• Check heating operation
• Check all safety controls
• Check main and pilot burners
• Inspect for rust and wear
• Check drains
• Check for gas leaks
• Check reversing valve
• Check anchor bolts
• Check refrigerant charge (Freon)
and cooling operation
• Test for leaks
• Check rotation
• Clean, oil and/or grease
• Check for overload under full
operation
• Check amperage and voltage on
motors
• Check contactors and clean if
necessary
• Lubricate all moving parts as
required on fans and blowers
• Check for drip pan and drain • Check coils for leaks and clean
connections
• Check oil level and pressure • Check head pressure
• Check suction pressure
12 All belt driven units have a spare belt left inside the unit, in the event that the
service truck does not have one in stock at the time of inspection.
1.3 All coils should be cleaned during each quarterly scheduled visit.
1A Clean up all trash and debris, including old HVAC parts before leaving the area.
1S Contractor will provide a checklist for each unit inspected.
1.6 All invoices will include the completed checklists or copies of checklists for all units
of each facility inspected.
1.7 All billing invoices will be typed; no handwritten invoices will be accepted.
2. On -Call Repair Services
2.1 As -Needed Repair Services
Contractor shall provide on-call or as -needed repair services to the HVAC units,
as requested by City.
Any services not provided as part of the quarterly maintenance visit will be treated
as a service call. Service calls may result from recommended repairs identified
through a quarterly maintenance visit or through a request for service by the City.
The City does not guarantee or imply any specific quantity of service call work
during the contract term.
When the need for service arises, Contractor shall provide a written quote for
services including the following:
• A detailed description of the services to be provided;
• The estimated number of hours and cost (including part s and material) to
complete the services; and
• The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the quote for services. Once authorized to proceed, Contractor
shall diligently perform the repair services.
2.2 Call-back is required within ninety (90) minutes after initial request from the City for
on-call services ("call-back").
2.3 Contractor must be available for same day response, including after-hours,
weekends, and holidays.
2.4 Contractor shall be available 24 hours a day, 7 days a week.
2.5 Contractor must be able to arrive within one to one and a half hours after initial call-
back.
EXHIBIT B
SCHEDULE OF BILLING RATES
ACCO ENGINEERED SYSTEMS, INC. Page B-1
BILLING RATES
Section 1: Quarterly Preventative Maintenance
CITY FACILITY
ADDRESS
COST FOR
QUARTERLY
MANtT04ANCE
ANNUAL COST
(QUARTERLY
MANT84ANCE X4
Corporation Yard
592 Superior Avenue
$ 338.00
$ 1,352.00
Utilities Headquarters
949 W. 161h Street
$ 1,036.00
$ 4,144.00
Back Bay Science
Center
600 Shellmaker Road
$ 303.00
$ 1,212.00
Total for all Facilities
$ 1,677 Per Quarter
$ 6,708.00 Annually
Section 2: As -Needed Repair Services Pricing
UKIT
COST
Labor Charge
$102.00 Per Hour
After Hours Labor
(To be used for work
performed after 4:30 PM
$153.00 Per Hour
Monday — Thursday, after 3:30
PM on Fridays, and all of Sat.,
Sun., and holidays.
TOTAL NOT TO EXCEED: $500,000.00
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
ACCO ENGINEERED SYSTEMS, INC. Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
ACCO ENGINEERED SYSTEMS, INC. Page C-2
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
ACCO ENGINEERED SYSTEMS, INC. Page C-3
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
ACCO ENGINEERED SYSTEMS, INC. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to ACCO
ENGINEERED SYSTEMS, INC. hereinafter designated as the "Principal," an agreement
for maintenance and/or repair services, in the City of Newport Beach, in strict conformity
with the Agreement on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Five Hundred Thousand Dollars and 00/100 ($500,000.00), lawful money
of the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the Agreement; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
ACCO ENGINEERED SYSTEMS, INC. Page D-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
ACCO ENGINEERED SYSTEMS, INC. Page D-2
ACKNOWLEDGMENT
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
County of } ss.
On 20 before me,
Notary Public, personally appeared
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/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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 (seal)
ACKNOWLEDGMENT
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
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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 (seal)
ACCO ENGINEERED SYSTEMS, INC. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to ACCO
ENGINEERED SYSTEMS, INC. hereinafter designated as the "Principal," an agreement
for maintenance and/or repair services, in the City of Newport Beach, in strict conformity
with the Agreement on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five
Hundred Thousand Dollars and 00/100 ($500,000.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the
Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
ACCO ENGINEERED SYSTEMS, INC. Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ACCO ENGINEERED SYSTEMS, INC. Page E-2
ACKNOWLEDGMENT
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
County of }ss.
On 20 before me,
Notary Public, personally appeared
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/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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 (seal)
ACKNOWLEDGMENT
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
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I 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 (seal)
ACCO ENGINEERED SYSTEMS, INC. Page E-3