HomeMy WebLinkAboutC-9949-1 - Purchase and Installation Central Library Sliding Door ReplacementPURCHASE AND INSTALLATION AGREEMENT
WITH ASSA ABLOY ENTRANCE SYSTEMS US INC. FOR
CENTRAL LIBRARY SLIDING DOOR REPLACEMENT
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and
entered into as of this 10th day of November, 2025 ("Effective Date") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ASSA ABLOY ENTRANCE SYSTEMS US INC., a Connecticut corporation
("Contractor"), whose address is 1900 Airport Road, Monroe, NC 28110, 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 provide Central Library sliding door replacement
as detailed in the Scope of Work and Schedule of Billing Rates attached hereto as
Exhibit "A" ("Project").
C. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the 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 price specified in this Agreement.
D. City has solicited and received a proposal from Contractor, has reviewed the previous
experience and evaluated the expertise of Contractor, and desires to retain
Contractor to render professional services under the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by
reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants 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 under reasonably competent practitioners of the
same discipline under similar circumstances and that all materials will be of good quality.
1.2 Contractor shall perform everything 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.
1.3 In consideration of the payment of the purchase price and subject to all the
terms and conditions hereof, Contractor shall: install two new automatic sliding door
packages (hereinafter referred to as "Products"), as listed and set forth in the Scope of Work
attached hereto as Exhibit "A" and incorporated in full by this reference.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Agreement
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule
may result in termination of this Agreement by City as outlined in Section 18 below.
2.2 Force Maieure. The time period(s) specified in Exhibit "A" for performance of
services rendered pursuant to this Agreement shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
3. TERM
Unless earlier terminated in accordance with Section 18 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services agreed to
herein or until December 31, 2026, whichever occurs first.
4. COMPENSATION
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 Exhibit "A" and
incorporated herein by reference. Contractor's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subcontractor fees,
shall not exceed Forty Six Thousand One Hundred Thirty Five Dollars and 00/100
($46,135.00), without prior written authorization from City. No billing rate changes shall be
made during the term of this Agreement without the prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person who
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 2
performed the Work, a brief description of the Services 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.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit "A" to this Agreement or specifically approved in writing in advance by
City.
4.4 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 the Schedule of Billing Rates as set
forth in Exhibit "A".
4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Products in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Products, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the Project,
but which is not included in the Purchase Price as specified in Exhibit "A", and which parties
did not reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the hourly rates set forth in Exhibit "A".
5. PROJECT MANAGER
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
term of the Agreement. Contractor has designated Thomas Melendez to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's Director
of Public Works or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 3
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 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 unless approved in advance by the City Project
Administrator.
7.2 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. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 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, unless caused by the City's negligent acts, omissions, or willful
misconduct.
8.2 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 to the extent arising from the negligent acts, omissions, or willful misconduct of
the Contractor' or any subcontractor or supplier selected by the Contractor.
8.3 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 the property
upon which Contractor performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against: (1) 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, liability, 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, and 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); (2) use of improper materials in performing this Project including,
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 4
without limitation, defects in workmanship or materials and/or design defects; and/or (3) any
and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall
include reasonable attorneys' fees and all other costs incurred in defending any such claim.
Contractor's liability in this Subsection shall be limited to the maximum amount of its
insurance coverage for claims arising out non -negligent and non -intentional acts performed
under this Agreement. Contractor shall not be held responsible for consequential or special
damages, or claims made to City for such consequential or special damages. Nothing
herein shall require Contractor to indemnify City from the negligence or willful misconduct of
City, its officers or employees.
8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Products deliverables purchased in this Agreement This indemnification shall include, but
is not limited to, infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Contractor's deliverables provided under this
Agreement.
8.5 Contractor shall perform all Project 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 perform work as specified in Exhibit "A" to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
8.6 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 8.3 above.
8.7 The rights and obligations set forth in this Section shall survive the termination
of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees, nor any of its subcontractors, are to be considered employees of the 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 express terms of this
Agreement. No civil service status or other right of employment shall accrue to Contractor
or its employees.
10. 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 the Contractor on the Project.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 5
11. 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 B, and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: 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 C which is incorporated herein by this reference; and
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 D which is incorporated herein by this reference.
12.2 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 VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
12.3 The 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.
13. PREVAILING WAGES
13.1 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.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 6
13.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor shall perform 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.
13.3 If both the Davis -Bacon Act and State of California prevailing wage laws apply
and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach,
California 92660, and are available to any interested party on request.
14. 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.
15. 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
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.
16. CONFLICTS OF INTEREST
16.1 The 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.
16.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach and
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 7
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.
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor 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. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Legal Department
Assa Abloy Entrance Systems US Inc.
1900 Airport Road
Monroe, NC 28110
18. TERMINATION
18.1 Termination With Cause - 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 five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to cure such default,
the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
18.2 Termination Without Cause. Notwithstanding the above provisions, City shall
have the right, at its sole discretion and without cause, of terminating this Agreement at any
time by giving 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 in the performance of such services up to the effective date of termination
for which Contractor has not previously been paid. In the event of termination under this
Section, City shall also pay Contractor for all Products, associated materials, and hardware
delivered to City site under this Agreement that City deems usable.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 8
19. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project site(s), has become familiarwith the local conditions underwhich the work
is to be performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
20. WARRANTY
20.1 Contractor warrants to City that all Products to be delivered hereunder will be
free from defects in material or workmanship and will be of the kind and quality designated
or specified by Contractor in Exhibit "A". The warranty shall apply only to defects appearing
within one year from the date of final acceptance by City for hardware products not
manufactured by the Contractor, and two years from the date of final acceptance by City for
hardware products manufactured by Contractor. If Contractor installs the Products and
associated hardware and materials, or supplies technical directions of installation by
Agreement, the warranty period shall run from the date of final acceptance of installation by
City, provided same is not unreasonably delayed by City.
20.2 If Contractor -manufactured equipment delivered hereunder does not meet the
above warranty, and if City promptly notifies Contractor in writing, Contractor shall thereupon
correct any defect, including non-conformance with the specifications, either (at its option)
by repairing any defective or damaged parts of the equipment, or by making available any
necessary replacement parts, delivered and installed without additional charge to City within
seven (7) working days. City will return the defective product to Contractor, at Contractor's
expense. Contractor shall repair or replace the defective item and return it to City, shipping
costs prepaid. Contractor shall perform any necessary testing, hardware and equipment
removal, repair, replacement, certification, and installation at no cost to the City during the
warranty period, using Contractor's equipment.
20.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether
written, oral, implied or statutory. Contractor does not warrant any equipment of other
manufacture designated by City.
21. REPRESENTATIONS
21.1 Non -infringement. Contractor represents that to the best of its knowledge the
technology embodied in the products sold herein does not infringe upon a United States
patent or United States copyright in effect as of the Effective Date.
21.2 Authority. Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Agreement; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever materially
affect the enforceability of this Agreement or the rights, duties and obligations of the parties
hereunder; and (c) that the execution, delivery and performance of this Agreement will not
constitute a breach or default under any agreement, law or court order under which such
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 9
party is a party or may be bound or affected by or which may affect the rights, duties and
obligations hereunder.
21.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
22. CONFIDENTIAL INFORMATION.
22.1 Confidential Information. In the performance of this Agreement or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and such
information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ("Confidential Information")
and so acquired by the other party or its employees or agents under this Agreement or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any event
shall not be less than the efforts the recipient takes to ensure the confidentiality of its own
proprietary and other confidential information) to keep, and have its employees and agents
keep, any and all Confidential Information confidential, and shall not copy, or publish or
disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose
it to others, without the disclosing party's written approval; nor shall the recipient make use
of the Confidential Information except for the purposes of executing its obligations
hereunder, and (except as provided for herein) shall return the Confidential Information and
data to the first party at its request. The City's duty to maintain confidentiality as described
hereunder shall be subject to the laws of the State of California.
22.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
22.3 Right to Iniunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
23. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
24. STANDARD PROVISIONS
24.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 10
24.2 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.
24.3 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.
24.4 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.
24.5 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.
24.6 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.
24.7 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.
24.8 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.
24.9 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.
24.10 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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
24.11 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.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 11
24.12 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]
ASSA ABLOY ENTRANCE SYSTEMS US 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:3:2 1/2!s--
By: /� 6 c
Aa n C. Harp .�
C't Attorney
ATTEST: // /) Z/ �
Date: '—
By.
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corpation
Date: i 0 f �6 ' � I
By -
David W6
Director of Public Works
CONTRACTOR: Assa Abloy Entrance
Systems US Inc., a Connecticut
corporation
Date:
Signed in Counterpart
By:
Ruby Pringle
Contract Manager
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services and Schedule of Billing Rates
Exhibit B
— Insurance Requirements
Exhibit C
— Labor and Materials Payment Bond
Exhibit D
— Faithful Performance Bond
Exhibit E —
Addendum to Subcontract Agreement
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:/ J`Z /Z 5=
By:
a n C. Harp
bit Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David Webb
Director of Public Works
CONTRACTOR: Assa Abloy Entrance
Systems US Inc., a Connecticut
corporation
Date:_p (/ rI 2D2
By: By: !:K I A I I't'i
Lena Shumway Ruby Pringle
City Clerk Contract Manager
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services and Schedule of Billing Rates
Exhibit B
— Insurance Requirements
Exhibit C
— Labor and Materials Payment Bond
Exhibit D
— Faithful Performance Bond
Exhibit E —
Addendum to Subcontract Agreement
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
ASSA ABLOY ENTRANCE SYSTEMS US INC Page 1
Scope of Work
ASSAABLOY will be removing the two existing single -slide automatic door packages at the
Newport Beach Library. We are replacing the removed doors with two new automatic sliding
door packages. The new door packages will include all parts and equipment for complete new
automatic sliding door packages. The city of Newport Beach will be buying these doors directly
from our company (ASSAABLOY). Our company will provide the labor to perform this work. The
work will be done during normally business hours (Monday -Friday 8:OOam-500pm).
Assa Abloy has the following contractor's license which would allow them to do the work:
C-61 / D28 — Doors, Gates and Activiating devices which
SCOPE OF SERVICES CONTINUE
Facilities Covered
City -owned buildings and properties.
Contractor Supplied Equipment
The Contractor shall supply all transportation, tools and equipment necessary for completing all
work related to provided services, covered within the hourly labor cost (e.g., vehicles, fuel
surcharge, delivery or equipment, miscellaneous materials needed for maintenance, tools of the
trade, etc.). Rental equipment needed for on -call repairs must be approved prior to use and
substantiated with rental receipts for invoicing (e.g., scissor lifts, boom lifts, cranes, etc.).
Workmanship & Materials
• The Contractor shall provide all labor and materials required for the successful
completion of a project or work.
• Labor rates shall include supplies (e.g. miscellaneous small electrical fittings, rags, tape,
lubricants, personal protective equipment, and sundries).
• The City may reimburse the Contractor for materials procured, analyzed case -by -case,
and agreed upon in the Contractor's proposal before work commences. Markup for
materials is limited to cost plus a maximum of 15%.
• Receipts are required for reimbursement for materials purchased for projects.
• The City reserves the right to specify the type of material and/or equipment purchased
per project. All equipment and material purchases must be preapproved by the Project
Manager or designee.
• The City reserves the right to purchase materials directly and provide them to the
Contractor. In such cases, the following conditions apply:
o The Contractor shall conform to all City practices and procedures.
o All City purchases are for the sole expressed use of and for the City.
o The Contractor shall secure, store, inventory, distribute, and control all materials
entrusted to the Contractor's representatives.
o All materials and inventories shall be made available to the City upon request.
The Contractor will reduce the unit cost for each maintenance task by the City's
actual cost for the materials provided and used.
• The Contractor shall maintain work areas with a well -manicured, clean appearance, and
all work shall be performed in a professional manner using quality equipment.
• The Contractor shall be responsible for any damages to public and/or private property
caused during the course of the work.
• The Contractor shall recognize that during this Agreement, the City may have other
contractors conducting other activities and/or operations in the immediate vicinity of
requested work. Contractor shall make every effort to coordinate activities with existing
operations. Other activities may include, but are not limited to, the following:
- Landscape refurbishment
- Modification or repair of existing facilities
- Construction; and
- Storm related operations
• All tools and materials shall always remain in Contractor's possession.
• All Contractor vehicles parked on site shall always be secure.
• Contractor shall ensure all precautions for safety are taken.
Solution
SL500 Overhead Concealed Single Slide Full Breakout Narrow Stile Door Package in a Clear
Anodized Finish
ASSA ABLOY SL500 Sliding Door System with Full Breakout
Equipment: OC
Type: Full Breakout
Handing: Left Hand Single
Door Stile: Narrow Stile
Finish: Clear Anodized - Class 1
Overall Frame Width: 95
Mounting Height: 104.75
Clear Door Opening Width: 40.75
Clear Door Opening Height: 96.25
Frame Type: Jambs
Frame Depth: 4-1/2" Jambs
Glass Stop: 1/4" Glass Stop
Bottom Rail: 10" Bottom Rail
Sensor: Motion & Presence Sensor
Lock: No Lock or Lock Prep
Guide System: Pin Guide / 1/2" Threshold
Lead -up: Both Sides
Mode Selector: 5-Position Switch - Key
Jamb Prep: No Prep for Position Switch
Muntins: Muntins A/L & S/L
Muntins Thickness: 1-3/4" Muntin
Muntin Quantity: (1) Muntin
Centerline of Muntin bar: 41.25
Panic Exit Devices: AR8600 Surface Panic w/Key
Electric Lock: Fail Secure Electric Lock
Extension Board: I/O Extension Board
Battery Back-up: 24V Battery
Door Position Switch: Door Position Switch
Security Switch: Security Switch
Catch: Magnetic Catch
Carrier Wheels: Heavy Duty Carrier Wheels
Sweeps: Concealed Sweep Active Leaf & Sidelight
Configuration : Standard
Click here for Brochure
1/4" Clear Tempered Glass
Brake Metal
Custom 16-1/2" Mill Finish Threshold
Installation during normal working unless otherwise indicated.
SL500 Overhead Concealed Single Slide Full Breakout Narrow Stile Door Package in a Clear
Anodized Finish
ASSA ABLOY SL500 Sliding Door System with Full Breakout
Qty
Solution
Equipment: OC Qty
Type: Full Breakout
Handing: Right Hand Single
Door Stile: Narrow Stile
Finish: Clear Anodized - Class 1
Overall Frame Width: 95
Mounting Height: 104.75
Clear Door Opening Width: 40.75
Clear Door Opening Height: 96.25
Frame Type: Jambs
Frame Depth: 4-1/2" Jambs
Glass Stop: 1/4" Glass Stop
Bottom Rail: 10" Bottom Rail
Sensor: Motion & Presence Sensor
Lock: No Lock or Lock Prep
Guide System: Pin Guide / 1/2" Threshold
Lead -up: Both Sides
Mode Selector: 5-Position Switch - Key
Jamb Prep: No Prep for Position Switch
Muntins: Muntins A/L & S/L
Muntins Thickness: 1-3/4" Muntin
Muntin Quantity: (1) Muntin
Centerline of Muntin bar: 41.25
Panic Exit Devices: AR8600 Surface Panic w/Key
Electric Lock: Fail Secure Electric Lock
Extension Board: I/O Extension Board
Battery Back-up: 24V Battery
Door Position Switch: Door Position Switch
Security Switch: Security Switch
Catch: Magnetic Catch
Carrier Wheels: Heavy Duty Carrier Wheels
Sweeps: Concealed Sweep Active Leaf & Sidelight
Configuration : Standard
Click here for Brochure
1/4" Clear Tempered Glass
Brake Metal
Custom 16-1/2" Mill Finish Threshold 1
Installation during normal working unless otherwise indicated. 1
Equipment total : $45,905.00
Bond Add $230.00
Total $46,135.00
Quote Acceptance
Invoice Address Newport Beach Library -DUPLICATE
Attn: Accounts Payable
1000 Avocado Ave
Newport Beach, CA 92660
Site Address Newport Beach Library
Newport Beach, CA
Quote Summary Qty
SL500 Overhead Concealed Single Slide Full Breakout Narrow Stile 1
Door Package in a Clear Anodized Finish
SL500 Overhead Concealed Single Slide Full Breakout Narrow Stile 1
Door Package in a Clear Anodized Finish
Equipment total : $45,905.00
Payment Terms: Net 30 Days
Includes:
• Installation during normal working hours
• Shop drawings
• Insurance
• 2 SL500 SIngle Slide Narrow Stile Full Breakout Door Packages
• 1/4" CLear Tempered Glass
• Panic Hardware
• Electric Lock
• Class 1 Clear Anodized FInish
• Demo of existing doors
• New Custom Mill Finish Thresholds
• Perimeter Caulking in Standard Colors
Excludes:
• 110 volt electrical service to operator header
• Prepared Opening to accept package(s)
• SPecial FInish
• SPecial Glass
• Instlallation During Nights or Weekends
• Adjacent Storefront
• Transom Framing above door
• All Glass or Thin Framed Door Packages
• Removal and disposal of existing doors
• Painting, patching and repairing of floors, walls and ceilings
• Signed and Stamped shop drawings by a Certified Professional Engineer
• Building Permits or Inspections
EXHIBIT B
INSURANCE REQUIREMENTS
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 Contract, 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 in accordance with
policy provisions.
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 providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law for all of the subcontractor's employees. The
insurer issuing the Workers' Compensation insurance shall amend its policy
by endorsement to waive all rights of subrogation against City, its City
Council, boards and commissions, officers, agents, volunteers, employees.
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.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from bodily injury, property damage, 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).
ASSA ABLOY ENTRANCE SYSTEMS US INC Page B-1
1) Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, 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 for each accident.
2) Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
3) Contractor shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance Requirements.
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 Contract shall be endorsed to waive subrogation against
City of City, its City Council, boards and commissions, officers, agents,
volunteers, employees, 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 and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
ASSA ABLOY ENTRANCE SYSTEMS US INC Page B-2
City, its City Council, boards and commissions, officers, agents, volunteers,
employees. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
quired coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
E. Subcontractors. 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. Limits
of liability for General Liability in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate and two million dollars ($2,000,000) completed operations
aggregate.
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. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf.. If such coverage is cancelled or reduced, Contractor shall, within
ten (10) days after receipt of written notice of such cancellation or reduction
of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through
another insurance company or companies. In the event of a claim, City
reserves the right to require declaration page(s) and all pertinent portions
of the insurance policy reasonably necessary to verify coverage,
exclusions, limitations and other material terms and conditions relevant to
the claim.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
ASSA ABLOY ENTRANCE SYSTEMS US INC Page B-3
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 3812 19.
D. Enforcement of Contract 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 Exhibit A 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 proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, 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
ASSA ABLOY ENTRANCE SYSTEMS US INC Page B-4
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 Contract, 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.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage upon request by City. Proof that such coverage
has been ordered shall be submitted prior to expiration upon request by
City. A coverage binder or letter from Contractor's insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing
or new coverage must be provided to City with five (5) calendar days of the
expiration of the coverages from the broker by mail or email.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page B-5
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Assa
Abloy Entrance Systems US Inc., a Connecticut corporation, hereinafter designated as the
"Principal," an Agreement for the purchase and installation of Central Library sliding door
replacement, 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 Forty Six
Thousand One Hundred Thirty Five Dollars and 00/100 ($46,135.00), 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.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page C-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
ASSA ABLOY ENTRANCE SYSTEMS US INC Page C-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 I 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
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)
ASSA ABLOY ENTRANCE SYSTEMS US INC Page C-3
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $
, being at the
thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Assa
Abloy Entrance Systems US Inc, a Connecticut corporation, hereinafter designated as the
"Principal," an Agreement for the purchase and installation of Central Library sliding door
replacement, 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 Forty Six
Thousand One Hundred Thirty Five Dollars and 00/100 ($46,135.00), 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 Documents 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
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Work or to the specifications.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page D-1
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:
L0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ASSA ABLOY ENTRANCE SYSTEMS US 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
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)
ASSA ABLOY ENTRANCE SYSTEMS US INC Page D-3
EXHIBIT E
ADDENDUM TO AGREEMENT (the "Agreement") between
City of Newport Beach ("City") and ASSA ABLOY Entrance Systems US Inc.
("Contractor") RE: Project/Property: Central Library Sliding Door Replacement - PQ-
002181073
This Addendum to the Agreement ("Addendum") is made as of the same date as the
Agreement between City and Contractor. Notwithstanding anything to the contrary in the
Agreement or terms or conditions incorporated by reference into the Agreement, the
parties agree as follows:
1. Payment terms specified in Section 4.2 of the Agreement.
2. Schedule of Work. Each schedule of work shall be mutually agreed upon by both parties.
Contractor shall receive a reasonable extension of time to perform under the Agreement
for any delay that is not attributable to Contractor.
3. Shipment and Risk of Loss. Title, ownership and risk of loss of product(s) purchased by
City ("Purchased Product") shall pass from Contractor to City upon total and final
installation of product.
4. Warranty. Contractor warrants that if any product of its manufacturer is found to be
defective in either workmanship or material under normal use and service, Contractor will
repair or replace the product, provided that Contractor receives a written claim specifying
the defect within one (1) year from date of final completion.
5. Insurance & Indemnification. Notwithstanding anything to the contrary set forth in the
Agreement, Contractor's obligations to (i) maintain insurance shall be limited to the types
and amounts of coverage set forth on Exhibit B to the Agreement; and (ii) provide
indemnification as set forth in the Agreement shall apply only if Contractor has been
notified in writing within a reasonable time of the incident and only to the extent that
Contractor's acts or omissions are the proximate cause of any third -party claims, liability,
losses, costs, expenses or damages (collectively, "Claim"). Contractor shall have no
obligation to indemnify any party to the extent any Claim is caused by the acts or omissions
of City, indemnitees or other parties not related to or hired by Contractor. Contractor shall
have full control and authority over any dispute resolution for which it has undertaken
defense and indemnity obligations.
6. Default. Either party hereto may terminate the Agreement, upon written notice, in the
event that the other party fails to fulfill or comply with any material term or condition of the
Agreement after having received written notice describing, with particularity, the alleged
default, and thereafter fails to cure such alleged default, or provide a good faith written
notice of contest with regard to such alleged default, within thirty (30) days after receipt of
such written notice.
7. Waiver of Consequential Damages. Neither party shall be liable to the other party for any
indirect damages of any kind, including without limitation, consequential damages, lost
profits, lost savings, or other incidental losses, even if such damages are foreseeable or a
party has been advised of the possibility of such damages.
8. Limitation of Liability. In no event shall the aggregate liability of Contractor arising from or
related to the Agreement exceed the amounts paid by City, except that there shall be no
limitation of liability (i) on Contractor's defense or indemnity obligations to City, or (ii) for
City's claims for damages against Contractor arising out of Contractor's fraud, willful
misconduct, or gross negligence. Any terms in the Agreement purporting to impose
Liquidated or indirect damages against Contractor for delay shall be null and void.
9. Intellectual Property. This Agreement does not grant to either party any right or interest in
any trade secrets or intellectual property of the other party; no licenses are created under
any of the parties' intellectual property; and no work contemplated hereunder shall be
considered work for hire.
10. Sanctions. Customer confirms that it will do its utmost to comply with all Economic
Sanctions and Export Control Laws, and that neither the Customer, nor, so far as the
Customer is aware, any agents or other persons acting on behalf of any of Customer is, or
has been, listed on any US, EU, UN or UK sanction list. Customer shall not sell, export or re-
export, the Product, directly or indirectly, to Russia, Belarus, Iran, North Korea, Syria or
occupied parts of Ukraine. Customer shall undertake its best efforts to ensure that the
purpose of this Clause is not violated by any third parties further down the commercial
chain. Any violation by the Customer of this clause constitutes a material breach of an
essential element of the Agreement, and Contractor shall be entitled to appropriate
remedies, including, but not limited to: (i) termination of the Agreement; and (ii)
indemnification of Contractor and its parents, affiliates and employees.
11. Effect of Addendum. The parties expressly agree that the terms and conditions
contained in this Addendum shall supersede and control over any conflicting provisions in
the Agreement or any related documents or agreements. City's agreement to this
Addendum is a condition of Contractor's bid and is a condition precedent to Contractor's
performance under the Agreement and reflects a negotiated allocation of risks between
the parties.
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EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO, 015229969
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of Califomia, has awarded to Assa
Abloy Entrance Systems US Inc.. a Connecticut corporation, hereinafter designated as the
"Principal," an Agreement for the purchase and installation of Central Library sliding door
replacement, 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,
Liberty Mutual Insurance Company_ duly authorized to transact
business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety")
are held and firmly bound unto the City of Newport Beach, in the sum of Forty Six
Thousand One Hundred Thirty Five Dollars and 00/100 ($46,135.00), 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 Califomia 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 of seq. of the Civil Code of the
State of Califomia.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page C-1
Liberty Mutual Insurance Cc rapaDy
Name of Surety
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 shalt 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.
rance Sy''eIN WITNESS WHEREOF, this
��..•P" r; 1 .Principal and Surety, on the
Q : SEAL
=Q: z
197r-f1SSk SLOY Entrance Systems US Inc,
•••....•�taa`e,8f Contractor (Principal) c
J? oRPOq���m
1912
4C '1 raa; 175 Berkeley Street, Boston, MA 02116
' " '�� Address of Surety
(617) 357-9500
Telephone
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: t2 q19�
M-
tn C. Harp"
Attorney
instrument has been duly executed by the above
21 st day of November . 20 25 .
P r,
tharized WSignalulre/tifie
i
Authorized Agent Signature
Malerie Janet Williams, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
ASSA ABLOY ENTRANCE SYSTEMS US INC Page C-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
County of �l�U _ _ } SS.
0rl" 1, -----
Nw4vcv A' Kc�
.Qeiift7Rila
20� before me,
Notary Public, personally appeared
F who
pro ed to me on the bas of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that hefshelthey executed the same in
his/her/their authorized capacity(ies), and that by hislher/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 St the foregoing
;,r8NE
raphis true and correct.SS my har�Qan fficial se�i _ ;
IV
1(� G
gnatur
ACKNOWLEDGMENT '''%',;;COUV;,;.•�°
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.
Connecticut
State of UDi NKU
County of Hartford ss
On November 21st , 2025 _ before me,
Kaden Zachary Tate Notary Public, personally appeared
Malerie Janet Williams , 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 hisfher/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
paraqraph is true and correct.
V'�SS y ha tat seal,
Signature
Kaden Zachary Tate
Kaden Zachary Tate
NOTARY-RUBLiC
State-0f Connecticut
Corr tssion Expires 0;/3112Q30 )
ASSA ABLOY ENTRANCE SYSTEMS US INC Page C-3
Liberty POWER OF ATTORNEY
Mutual. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8214943 - 985949
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashley
Alexis; Danielle M Bechard; Jonathan Gleason; Chad Warren Johnson, Michelle Anne McMahon; Doritza Mojica. Kyle Williams, Malerie Janet Williams; Connor
all of the city of Hartford state of CT each individually if there be more than one named, its true and lawful attorney -In -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 22nd day of October , 2025 .
Jy State ofPENNSYLVANIA
t County of MONTGOMERY
Liberty Mutual Insurance Company
P1 1Ns(J P�Sv INS& x, %Nsuq� The Ohio Casualty Insurance Company
j ooaPORgroyo� QJ=40pPORgAO9� UPrOPP�Rgf'1'm West American Insurance Company
o
i Q
;1912yo 0 1919 1991la#
/l
d��/�*Us�adL O��h� A*Pg�aaa .S��hoyN dada By:
Nathan J. Zangede, Assistant Secretary
o0 On this 22nd day of October , 2025 before me personally appeared Nathan J. Zangede, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
�" therein contained by signing on behalf of the corporations by himself as a duty authorized officer.
a)m
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
C'ur
y
O wf'PoNWp r Commm"ab of Pennsylvania -Notary Seal
0O opM qtsC, Teresa Notary Public
Montgomery
ry Canty
O .�. OF My commission expires March 28, 2029
C ��Q Commission number 1126044 y- - —
4) t; JP Memtw PennsylvaniaA—CiationofNotanes eresa Pastella, Notary Public
NN 4qy
cu A
C :3 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
ECompany, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV -OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President
u may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all
M N undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full
o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall
Z L) be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE All - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangede, Assistant Secretary to appoint such
attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21 st day of November , 2025
41NSUR �S`I INS& %NSu.
P400.PURgrO�� eJP°oar oRgr �qy� VP?oaPoggr �'C,
3' P _ f0 In
1912 Lu
0 1919 0 1991 0
s W o a
rd��iagc..,0. A hAMP`'raaD0 `rs3 ti'01ANr'adD� By Renee C, Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02124
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO, 015229969
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 231.00
rate of $ 5 per
being at the
thousand of the Agreement price.
WHEREAS. the City of Newport Beach, State of California, has awarded to Assa
Abloy Entrance Systems US Inc, a Connecticut corporation, hereinafter designated as the
"Principal," an Agreement for the purchase and installation of Central Library sliding door
replacement, 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
Liberty Mutual Insurance Company 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 Forty Six
Thousand One Hundred Thirty Five Dollars and 001100 ($46,135.00), 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 Documents 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
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Worm or to the specifications.
ASSA ABLOY ENTRANCE SYSTEMS US INC Page D-1
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.
``�����ur�r►���� IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
��.���tira Oe SjSurety above named, an the 21st day of November 2 5
=m:U
L A$ij�::ABLOY Entrance Systems US Inc.
SE N4rue5bf Contractor (Principal)
Lo
191
'.0"" ,C0 n e, e `"Liberty Mutual Insurance Company
j =' �yNarne of Surety
L 1912 0
rd�&'7 HO �aa 175 Berkeley Street Boston, MA 02116
Address of Surety
(617 357-9500
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: -1
n4. Harp
t`Z-a •ZS
Atorney
a /aF
MAkXf `X IV P t-- V-V,,.
authorized Signaturejj We '
VV
Authorized Agent Signature
Malerie Janet Williams, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ASSA ABLOY ENTRANCE SYSTEMS US 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
County Of } ss
On r N ,
NoV�tl eluc Vu� h"'
QahVr—nia
201,,�; before me,
Notary Public, personally appeared
r who
proved to me on the basis f satisfactory evidence to be the persons) whose names) is/are
subscribed to the within instrument and acknowledged to me that helshe/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 St the foregoing
paragraph is true and correct.
:�OTA�gy.C�
S my h an fficial s alb
GOWNE
atu e . G'�(Pw\ Z,c
ACKNOWLEDGMENT °'%.NICOIVI�,;.��`'�
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 -
Connecticut
State of XXXXXXX
County of Hartford ) SS.
On November 21 st , 2025 before me,
Kaden Zachary Tate 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.
A
SSm handandofficial 1Kedsn Zachary Tate
Y NOTARY PUBLIC
State of Connecticut
►viy Commission Expires 07/31/2030
re (seal)
Kaden Zachary Tate
ASSA ABLOY ENTRANCE SYSTEMS US INC Page D-3
N
t]I
c
Liberty POWER OF ATTORNEY
Mutual. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8214943 - 985949
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashley
Alexis. Danielle M. Bechard; Jonathan Gleason, Chad Warren Johnson, Michelle Anne McMahon, Dontza Mojica, Kyle Williams, Malerie Janet Williams; Connor
WolDert
all of the city of Hartford state of CT each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 22nd day of October , 2025 .
Liberty Mutual Insurance Company
P� 1NSURq P'0 INS& a tNsuRq The Ohio Casualty Insurance Company
40µPoggr y�, yJ Goal oR4r yy VP c0 '11-q 1n West American Insurance Company
J FO
1912 0 0 1919 2 1991 10A I
(�Jl I--
4CHU`O .cub CHAMP$ aL 'e �•DIAO' A
tta By:
Nathan J. Zangerle, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY
On this 22nd day of October , 2025 before me personally appeared Nathan Jr Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
�c,P PAS
�0o Vvs rye Commonweallh of Pennsylvania - Notary Seal
Q o 4e v Teresa Pastella, Notary Public
Montgomery County
OF Montgomery
commission expires March 28.2029 By • -s<i
7 Commission number 11260"
Member, Pennsylvania Association of Notaries Eresa PaStela, Notary Public
Afiy
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President
may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all
undertakings, bonds. recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full
power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall
be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangede, Assistant Secretary to appoint such
attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization -- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21 st day of November , 2025
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