Loading...
HomeMy WebLinkAboutSCHINDLER ELEVATOR CORPORATION 2City of Santa,,* is Clerk of the Cou..cil AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. ------------------------------------------ - The agreement with Schindler Elevator No. A-2007-038 " A 2007-038-01 was completed on 91-12-2007 and final payment has been made. Department: Design Engineering - PWA Phone/Ext.: Signature: Date: Revised 07 23-07 A-2007-038 (— / —08 '�— 3 -D'7 CONTRACTOR AGREEMENT d: 11�l / 6)-) THIS AGREEMENT, made and entered into this 5 ° day of February, 2007 by and between Schindler Elevator Corporation, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of elevator maintenance and repair. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall design and construction services to update the elevator at the Santa Ana Depot, as set forth in City's RFP Elevator Modernization Design and Construction, dated November 20, 2006, attached as Exhibit A, and Contractor's Proposal, including Option A, dated December 19, 2006, attached as Exhibit, both incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $62,747 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2007, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works and City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Schindler Elevator Corporation 18005 Sky Park Circle, Suite ABCD Irvine, California 92614 Telefacsimile (949) 251-8760 Attn: Donny Ogo A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:_ CITY OF SANTA ANA PATRICIA E. HE.ALY V DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LaLffa SSeedy Assistant City Attorney ATOR CORP. SCOTT FITZSIMONS District Manager TaxID# 3.'i-1,27oost- EXHIBIT A REQUEST FOR PROPOSAL FOR THE ELEVATOR MODERNIZATION DESIGN AND CONSTRUCTION AT THE SANTA ANA DEPOT The City of Santa Ana Public Works Agency is seeking qualified Vendor/Contractor to design and construct the elevator modernization at the Santa Ana Depot. Vendor/Contractor shall submit a proposal for the preparation of design documents, furnish and install all necessary equipment complete, in place, and fully operational. 1. PROJECT DESCRIPTION The City of Santa Ana is offering an opportunity for participation in the design and construction for the modernization of the elevator located at the Santa Ana Depot. The modernization is needed in order to bring the existing elevator up to current industry standards. The Santa Ana Depot is located at 1000 E. Santa Ana Blvd, Santa Ana, CA. The existing equipment was installed in 1983. The hall and car were upgraded in 2002, but all the other major equipment is original. The current elevator does not stop level with the floor and presents a safety hazard and does not meet ADA requirements. The intention of the City of Santa Ana is to select one Vendor/Contractor who will be responsible for preparing the plans and performing the construction necessary to bring the elevator up to current codes and eliminate all safety hazards. 2. SCOPE OF WORK A. Overview The Vendor/Contractor shall be responsible for the following items during the design development and construction phases of the project: • Providing general administration of the Agreement with the City of Santa Ana. • Interpreting the requirements of this RFQ. • Managing and supervising its design and construction professionals. • Developing the design for the project within budgetary and schedule commitments. • Preparing necessary construction plans and/or shop drawings. • Processing entitlements related to design responsibilities such as building plan -check approvals. • Ensuring regulatory and code compliance. • Preparing estimates of probable construction costs. • Obtaining entitlements related to construction such as building permits. • Maintaining the construction schedule. • Job site safety. • Providing methods and means of construction. • Fulfilling the requirements of the construction documents. • Guaranteeing the quality of the construction. • Correcting any deficiencies covered by the guarantee. B. Design Development The Vendor/Contractor shall provide necessary detailed plans and/or shop drawings for the proposed modifications and submit to the City Building Department for plan check approval, ensuring that all applicable codes are met. These plans and/or shop drawings shall be stamped and signed by a State of California licensed engineer or architect, depending on applicability. Vendor/Contractor will be responsible for all efforts and coordination required for City approval prior to commencing construction. All proposed equipment, including software and controls, shall be non-proprietary. The proposed modifications include, but are not limited to, the following: • Installation of a new micro -processor based control system. New machine room and hoistway wiring and mechanical switches shall also be provided to insure compatibility with the new control system. • The existing dry pump unit can be retained, however, alternate pricing shall be provided for a new submersible pump unit. • A new heavy duty door operator shall be provided in lieu of the existing medium speed, medium duty door operator. New car and hall door operating equipment such as tracks, rollers, interlocks, etc. shall also be provided. • New Tactile/Braille jamb tags shall be provided to meet CBC requirements. • A battery lowering system shall be provided. • Alternate pricing for the inclusion of a remote monitoring system with an alarm notification to the Vendor/Contractor. Pricing shall include the installation of the system only, yearly costs shall be negotiated separately. • Any additional requirements needed to ensure that the elevator meets all applicable codes and standards. • All building improvements necessary for the proper installation and functionality. The existing ADA/CBC compliant car and hall, signal, operating fixtures (hall & car buttons and lanterns), and full height electronic door protection (detector) can be retained. The Vendor/Contractor shall update the project costs during the Design Development phase to ensure the project budgets are adhered to, and report any variations to the City's Project Manager. C. Construction Phase Once the necessary building permits have been acquired, construction may commence. The Vendor/Contractor will be fully responsible for all aspects of construction, including the following: • Management of the construction activities. • Furnishing and installation of all equipment, materials, and labor necessary to complete the project, in place, and fully operational as identified in the scope of work for Design Development and Related Work. • Coordination with City personnel, including the City Project Manager and the assigned Depot representative. • Coordinating all inspections required by the City as required by the permits. • Job site safety for the Vendor/Contractor personnel as well as the general public using the Depot. • Quality control and quality assurance. • Repair of all ancillary damage, such as patching and painting, caused by the construction activities to the satisfaction of the City Project Manager. • Provide a one-year guarantee on all work performed. • Labor costs will be subject to the Prevailing Wage Rate requirements as established by the State of California. 10 TERMS AND CONDITIONS 1. Any changes to the building to meet local or state codes are to be made by Purchaser. Any changes in the Work required due to building conditions discovered in the performance of the Work will be paid by Purchaser. 2. No work, service materials or equipment other than as specified hereunder is included or intended. 3. Purchaser retains its normal responsibilities as Owner of the equipment which is subject of this Agreement. 4. Schindler will not be liable for damages of any kind, in excess of the Price of this Agreement, nor in any event for special, indirect, consequential or liquidated damages. 5. Any cutting and patching is by others and not included in this work. 6. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection, failure to act on the part of either party's suppliers or Subcontractors, orders or instructions of any federal, state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay of the time as may be reasonably necessary to compensate for the delay. 7. Schindler guarantees that the equipment will comply with the foregoing specifications and if promptly notified in writing will, at Schindler's expense, correct any defects in such equipment occurring within one year from the date of final acceptance, which are not due to ordinary wear and tear or to improper use, care and maintenance. The correction of such defects constitutes the limit of the responsibility. THERE ARE NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, OTHER THAN OF TITLE. The equipment installed under this agreement requires maintenance service, such as periodic examinations, lubrication and adjustment made by competent elevator mechanics. This guarantee is not intended to supplant this normal servicing of the equipment and it is not to be construed that Schindler will provide free maintenance service of this type, except as may be provided under other provisions of the contract, or that Schindler will correct, without charge, breakage, maladjustment or other troubles occurring as a result of improper or inadequate maintenance. 8. Purchaser agrees to defend, indemnify and hold Schindler harmless from and against any claims, lawsuits, demands, judgments, damages, costs and expenses arising out of this Agreement except to the extent caused by or resulting from the sole and direct fault of Schindler. 9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and remove if the Agreement is terminated. 11 EXHIBIT B December 19, 2006 City of Santa Ana Public Works Agency 20 Civic Center Plaza, 4' Floor Santa Ana, CA 92701 Re: Modernization of (1) Passenger Elevator The Depot at Santa Ana Dear Selection Committee: Schindler Elevator Corporation proposes to complete the scope of work specified in the RFP FOR ELEVATOR MODERNIZATION AND CONSTRUCTION AT THE SANTA ANA DEPOT for a cost of $44,140.00. Design Development: N/A Construction Phase: $44,140.00 MCE Controller $6,550 • 100% new wiring $3,400 • GAL Door Package $3,900 • ADAICBC Braille $100 • Labor to Install $30,190 (including zone pay) Alternative Pricing Option A: Installation of a new pump unit including tank, valve, IMO pump and motor. Add $18,607.00 to base bid cost. Option B: Installation of a remote monitoring system. Schindler Remote Monitoring System comes standard on new Schindler Elevator Controls, however it cannot be interfaced with other OEMs. Motion Control Engineering does not have the technology available to remotely monitor the equipment. Best regards, Donny Ogo Sales Representative 12 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by 13 Authorized Representative MAR/19/2007/MON 08:52 AM SCHINDLER IRVINE FAX No,9492518775 P, 002 ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 O# 3 03/ 3/2007 PRaoucm 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CERTIFICATE W0Cl xOrth America, Ind. a6 Leurury Blvd. HOLDER. THISOCERTIFICATE DOES NOT AMEND,CEX ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- F. 0. Box 30S191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Sdhindler Elavacor Corporation INSURERA; Zurich Ameridaa Iapuraaee Co en 16535-00I 20 Whippany Road Norristown, NOT 07960 INSURERS: INSURER C: FINSURER O: NSURER& COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIRD' LTR MIUR YP TEGFINB ANCE POLICYNUMBEIR PO MIIMDwTE�ocYION TEEGTO�E FD LNVrs A oENERALWASAJTY GLO644543517 1/1/2007 l/l/2008 EACH OCCURRENCE § 2-000,000 p PE�RApEMIIJES po ice 5 1,000,000 X COMNIERCIALGENERALLAMUTY MEDEIIPAn one enon S CLAIMS MADE OCCUR PERSONAL&ADVINJURY § 2.000.000 LiabilieV GENERALAGGREGATE S 5,000,()00 GENIAGGREGATEUMI.TAIPFUESPER: PRODUCTS-COMPHIPAGG S 5,000,000 X POLICY Par LOC A AUTOMDBO.BLIABILRY X ANYAUTO BAP944543917 1/l/2007 l/l/2008 cDM0IN0aINOL5UMIr (Eeuadmt) § 5, 000, 000 BODILY IN) PofDe INan § ALL OWNED AUTOS eCHEWLEDAUTDe BODILY INJURY (PmuidmN S X HREDAUTOS NONOWNEDAUTOS X PROPERTYDAMAGE O'ereccwanV § SggqOELWBILITY AUTO ONLY-BAACCIDENT S OTHERTHAN EAACC AUTO ONLY: AGG $ ANYAUTO _ S E 1 OCC 1ABaTTY MS OCCUR CLAIMACE ,P_ Q({ / EgcH OCCURRENCE S AGGREGATE S S DEDUCTIBLE § RETENTION A WORNERSCOMPENSATIONANO EMPLOYERS' UABIIUTY WC644543818 l/l/2007 1/1/2008 X I isfI Hrs I 1OR, E.L. EACH ACCIDENT S 5.000.000 A ANY PROPRIETORMARTNEIVEXECLDNE WC666918716 l/l/2007 1/l/2008 E.L.OISEASE-EAEMPLOYEE S $ OyFgFBIC,ER/MEMBER EXCLUDED? SPEMALPROVISIONSbola E.L. DISEASE -POLICY UNIT $ 5.000.000 OTHER DESCRIPTION OF OPERATIONSILOCATIONeNEMCLBBIExCLUSICNS ADOEO BY RMOORSEIIENTISPECUU. PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE RATED: 12/1/2006 WITH ID: 8151632 SECH510 - CONT# 42--13594 MAINTENANCE & REPAIR AT SANTA ANA REGIONAL TRANSPORTATION CENTER, 1000 EAST SANTA ANA BLVD., STE. 108, SANTA ANA, CA 92701. CERTIFICATE HOLDER CANCELLATION BHOYLDANY OF THEABOVE DESMIM n POLICIES BE CANCELLM3 BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WO.L 115101011111511OWMAN. 30 nAYB WRRTEN NOTICE TO THE CERTIFICATE HOUorR NAMED TO THE LmrQwxxW=3dM03U0lLL 00Nd0E&H761�o$E5YI�71d7I3D6167C CITY OP BANTA ANA, PTINCHASING DIVISION, M-16 I] X AUTNOPI2ED FlipREBENTg11VE 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Gr ACORD25(2007l08) Coll:1920788 Tp1:572181 Certc all 8214 1 0 ACORD CORPORATION 1 BBB MAR/19/2007/MON 08:53 AM SCHINDLER IRVINE FAX No,9492518775 P. 003 W1111S CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 03/14/2007 P0.O0Ucm 877-945-7375 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Eillin mo=th America, Inc. 26 Century slva. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9, o. Box 30919). Eaehville, sW 372305191 INSURERS AFFORDING COVERAGE NAIC9 W9UREG 9nhindler Elevator Corporation INSURERA Zurich American Insurance co any Y6535-003 INeU As' 30 Whippemy Road Worriatcwa, NL 07960 INSURER C: iNsuReR O: INSURER E: ADDITIONAL INSURED: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES AS PER ATTACHED ADDITIONAL INSURED ENDORSEMENT. Tn1:5721E1 Corti A990214 MAR/19/200710N 08:53 AM SCHINDLER IRVINE FAX No,9492518775 P,004 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemem(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsement(s). DISCLAIMER The Certificats of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACOR025(2001/09) Co11:1920786 Tpl:5721a1 Cert:6666214 MAR%19/2007/MON 08:53 AM SCHINDLER IRVINE FAX No.9492518775 P.005 020 ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT IGY Na. KPOniEOFPOL. FFFDATEGFEND. AGENCYNanDD'LPREMIaM RETURN PREMIaM L0644543517 FG 1/1/2007 1/1/2008 50-443 1 $ This Endorsement Changes The Policy. Please Read It Carefully. Named Insured: Schindler Elevator Corporation ,Address (including ZIP code)_ 20 Whippany Road, Morristown, New Jersey 07960 This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIAB=Y BLANKET ADDITIONAL INSURED 9NDORSEMENT Thc'Tcrsona Insured" provision are amended to include as an Insured any person or organization for who the Named Insured has specifically agreed by written contract to procure Bodily Injury, Property Damage and Personal Injury Liability Insurance provided that: A. This insurance applies only to each coverage which the Named Insured has agreed to provide by contract, but in no event shall coverage exceed the coverage otherwise afforded by this policy: B. The amount of insurance is limited to that required by such written contract, but in no event shall the limits of liability exceed the limits of liability provided by the policy C. This insurance applies only to Bodily Injury or Property Damage arising solely out of negligent acts, errors, or omissions of the Named Insured while the Named Insured is actively engaged in operations at the site designated in the Contract between the Named Insured and the Additional Insured: D. This insurance shall apply as primary insurance as respect to any person or organization for wham the Insured has agreed by written contract to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess and not contributory with the insurance afforded by this policy: E. This insurance shall terminate upon the earlier of the following: 1. Termination by written contract between the Named Insured and the Additional Insured; or 2. When the project meets the definition of substantial completion on the contract between the Named Insured and the Additional Insured. Countersigned: (Authorized Representative) LLGL-113-13OW(4/99) Pagel of 1 MAR%19/2007/MON 08:53 AM SCHIN➢LER IRVINE FAX No.9492518775 P, 006 PRO . to .aJ.. :m •k P7_ : i !� lasuranceCompany ZURICH AMERICAN INSURANCE COMPANY This andomemeat modifies such hrsurance as is afforded "a provisions of policy 0 GL0644543517 relatiagto the following, 1. 1he City o£Sante. Ana, 20 Civic Center plaza, Santa Ana, California 92701; its officers, emptayee% agents, voluateere and represeatatives are Mined," additional insureds ("additional hisurdsk) with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the wmad imaured. 2. Wiihrespeot to clanns arising out of the operations and UW performed by or on behalf of tbo named insured, such iasurmice w is affirded bytitis pafloy is primary and is not additional to or Contributing with any other insarance carried by or for the benefit of the additional iusureds• 3. This hLwranoe applies separately to woh insured againstwhom olairn is made or suit is brought axoept with M*Ctm the aorupaM} s Mwita of liability. The Inclusion of eay person or c rganizaFIon as an insured shall not affimot any right which such person or organization would have as a claimant if not so inohrdixL 4. With rmpeot to the additional insureds, this insm'ance shell notbe cancelled, ar matedatly reduced in coverage or limits meopt after WAY (30) days written notice bw been given to fie City of Sante.Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the foliown,& inoludug cotmtersignatme, is required to make this endorseraeos affkfir e.) EtSeetive 3/ 1 / 20 this eadorsetaent fam as a pert of Policy # GLofi 445 3 Issued to_SCHINDLER ELEVATOR COOORATION Named Iaeured Covatmrsigaedby mow —'--- Authorized fticsentative Recording Requeste0y, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Recorded in Official Records, Orange County Santa Ana, CA 92702 Tom Daly, Clerk -Recorder I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIII IIIII IIII IIII NO FEE 2007000718850 01:37pm 12/06/07 115 30 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ITHIS SPACE FOR COUNTY RECORDERS USE ONLY / A d200 %- 0$8 I� NOTICE OF COMPLETION �) NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of ELEVATOR MODERNIZATION DESIGN AND CONSTRUCTION AT THE SANTA ANA DEPOT under contract entered into on February, 2007 , with Schindler Elevator Corporation . The property on which such work improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project No. 06-9127 ; located at: Santa Ana Depot. The work improvement on said property was accepted as completed on November 12 , 2007 CITY OF SANT NA, A MUNICIPAL CO PORATION by Dated: 'z City Engineer TITLE VERIFICATION I, the undersigned, say: I am the City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on(o , 2007 , at Santa Ana, California a _ . ACORQN CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 12/OATS PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. A'�OO ]—D�`13 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 A_?.O0 o �� Nashville, TN 3723GS191 INSURERS AFFORDING COVERAGE NAIC# .INSURED gchindler Hlevator Corporation ,1 --] 20 Whippany Road ;���o D7 �') 2 / INSURERA: Zurich American Insurance Co an 16535-003 Norristown, NJ 07960 INSURERS: nnveowr_ee THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' LTR A I R GENERALLIABILITY X TYPEOFINSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR CODtraCtual Liability _ POLICYNUMBER GLO644543518 POLICY EFFECTNE ATE MMNOIYY 1/1/2008 POLICY 1.0 A.,ON ATE MMIOD 1/1/2009 LIMBS ' EACHOCCURRENCE DAMAGETORENTED PREMISES Ea pao uy MEOEXP(An --person S 2 000, ODO $ 1 000 BOB X $ PERSONAL-ADV INJURY S 2 000 000 GEMLAGGREGATE LIMITAPPLIE$PC POLICY jR0 BLOC GENERALAGGREGATE $ 5 000 OD0 PRODUCTS-COMPIOPAGG E 5 00O 000 A AUTOMOBILELJASt X Itt ANY AUTO BAP644543618 1/1/2008 1/1/2009 COMBINED SINGLE LIMIT (Ea acddanq $ 5,000,000 X ALLOWNEDAUTOS SCHEDULED AUTOS BODILVINJURV (Parparson) $ X HIREDAUTOS X NON -OWNED AUTOS BODILY INJURY (Peraxgenl) $ PROPERttDAMAGE IPera en0 S GARAGE LIABILRY ANVAUTO ) AUTO ONLY -EA ACCIDENT E OTHERTHAN EAACC AUTOONLY: AGG EACHOCCURRENCE $ EXCESSIUMBRELLA LIABIUTY OCCUR D CLWMSMADE $ $ AGGREGATE Is $ DEDUCTIBLE - $ A A RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILItt OFFICER EMBERIPARTNERIEXECUTIVE OFFICEOPRIEBEREXCLUDED7 NC644543819 WC666818717 1/1/200B 1/1/2008 1/1/2009 1/1/2009 WCSTATU- OTH- X TORY LIMITS ER $ ELEACHACCIDENT $ 5 000 000 E.L. DISEASE -EA EMPLOYEE $ 5 000 000 If yes, tlescribe antler SPECIAL PROVISIONS below OTHER E.L. DISEASE -POLICY LIMIT $ 51000,000 DESCRIPTION OF OPE"nONSILOCAnONMEHICLEW"CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISON3 SEC8510 - CONT# 42-13594 MAINTENANCE & REPAIR AT SANTA ANA REGIONAL TRANSPORTATION CENTER, 1000 EAST SANTA ANA BLVD., STE. 108, SANTA ANA, CA 92701. ADDITIONAL INSURED: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES AS PER ATTACRED ADDITIONAL TNCTTRRn Cunnncauswrm CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFj=YINILSRXXdUHLLX&L PIINNEYBf7N[C{dW[C61[Yrl[YO(CIQ[SfrX9F787[iCgYIXt91N7YiMCOf91�lCMICYdN(�9ComC CITY OF SANTA ANA, PURCHASING DIVISION, M-16 $ %� 20 CIVIC CENTER PLAZA AUTNORMED PRESENTATH'E SANTA ANA, CA 92702 G( ACORD 25(2001/08) C011:2189493 Tp1:711996 Cert:9 3922 1©ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT Frequirean holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement does not confer rights to the certificate holder in lieu of such endorsement(s). N IS WAIVED, subject to the terms and conditions of the policy, certain policies may rsement. A statement on this certificate does notconfer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Co11:2189493 Tp1:711996 Cert:9893922 49 ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT POLICY NO, EFF DATE OF POE EXP DATE OF POL. EFF DATE OF END. AGENCY NO. ADD PREMIUM RETURN PREMIUM GL0644543518 1l1/2008 1/1/2009 50-443 $ $ This Endorsement Changes The Policy. Please Read It Carefully. Named Insured: Schindler Elevator Corporation Address (including ZIP code): 20 Whippany Road, Morristown, New Jersey 07960 This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT The "Persons Insured" provision are amended to include as an Insured any person or organization for who the Named Insured has specifically agreed by written contract to procure Bodily Injury, Property Damage and Personal Injury Liability Insurance provided that: A. This insurance applies only to each coverage which the Named Insured has agreed to provide by contract, but in no event shall coverage exceed the coverage otherwise afforded by this policy: B. The amount of insurance is limited to that required by such written contract, but in no event shall the limits of liability exceed the limits of liability provided by the policy: C. This insurance applies only to Bodily Injury or Property Damage arising solely out of negligent acts, errors, or omissions of the Named Insured while the Named Insured is actively engaged in operations at the site designated in the Contract between the Named Insured and the Additional Insured: D. This insurance shall apply as primary insurance as respect to any person or organization for whom the Insured has agreed by written contract to provide insurance on a primary basis with other insurance available to such person or organization being excess and not contributory with the insurance afforded by this policy E. This insurance shall terminate upon the earlier of the following: 1. Termination by written contract between the Named Insured and the Additional Insured; or 2. When the project meets the definition of substantial completion on the contract between the Named Insured and the Additional Insured. Countersigned: (Authorized Representative) U-GL-113-BCW(4189) Page 1 of 1 City of Santa Ana Clerk of the Council AGREEMENT TERMINATION C� Please complete this form when the attached agreement is no longer in effect."` ;,.. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with Schindler Elevator No. A-2007-038 and A-2007-038-01 and final payment has been made. Revised 07-23-07 v� Aft was completed on 11-12-2007 Vj Department: Design Engineering — PWA Phone/Ext.: 5664 Jason Gabri Signature: Date: I/i / vq