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HomeMy WebLinkAboutC-4950 - M/RSA for Heating, Ventilation and Air Conditioning Systems.i� 1 AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES WITH CARRIER COMMERCIAL SERVICE FOR HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS THIS AGREEMENT �$9se an item. ( "Agreement') is made and entered into as of this &-- day of "2611 (.Commencement Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter city ( "City"), and CARRIER CORPORATION, a Delaware corporation ( "Contractor"), whose principal place of business is 3050 Enterprise'Street, Brea, California 92821 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 requires preventative maintenance on the heating, ventilation and air conditioning system at the OASIS Senior Center. C. City desires to engage Contractor to perform preventative maintenance on the heating, ventilation and air conditioning system at the OASIS Senior Center ( "Project'). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and 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. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on the Commencement Date, and shall terminate on July 31, 2012, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work "). 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 Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2. 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. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.3. Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as soon as reasonably possible, but no event later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4. For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 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 the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Fourteen Thousand Eight Hundred Thirty Two Dollars and 001100 ($14,832.00) without written amendment to the Agreement. 4.2. Contractor shall submit quarterly invoices to City describing the Work performed the preceding quarter. Contractor's bills shall include the name of the person and /or classification of employee who performed the Work, a brief description of the Services performed and /or the specific task from the Scope Services attached hereto 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) days after approval of the quarterly invoice by City staff. 4.3. City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Services attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4. Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator (as defined in Section 5 below) to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. ADMINISTRATION This Agreement will be administered by the Recreation and Senior Service Department. Celeste Jardine -Haug, Senior Services Manager or her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 6.1. 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 Project Administrator. 6.2. 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 A will perform all Services in a manner. commensurate with highest 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. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1. City and all officers, employees and representatives thereof 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 by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. CARRIER CORPORATION Page 3 7.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 7.4. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 7.5. 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 be liable for any private or public property damaged during the performance of the Project Work. 7.6. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees 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. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as - =-7777 =4 - to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 9. 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. 10. INSURANCE 10.1. Without limiting Contractor's indemnification of City, and np for to commencement of Work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractor's bid. 10.2. Coverage and Limit Requirements. 10.21. Workers' Compensation. 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 type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 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 elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 10.2.2. General Liability. Contractor shall maintain commercial general liability insurance 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) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 10.2.3. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. CARRIER CORPORATION Page 5 10.2.4. Builders Risk. For Agreements or Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 10.3. Other Insurance Provisions or Requirements. 10.3.1. 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.3.2. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 10.3.2.1. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 10.3.2.2. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 10.3.2.3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.4. 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. 10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required. 10.6. 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 parry 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 the 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. 10.7. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 10.8. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, 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. 10.9. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 10.10. Requirements not Limiting. Requirements of speck coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it CARRIER CORPORATION Page 7 I 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. 10.11. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 10.12. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. 10.13. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. 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 within five days of the expiration of the coverages. 11. BONDING 11.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: 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. 11.2. 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. 11.3. 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. CARRIER CORPORATION Page 8 12. PREVAILING WAGES 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 Contract shall be paid to all workmen employed on the Work to be done according to the Contract 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 Contract. 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. 13. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Work provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Agreement shall create any contractual relationship between City and 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. 14. 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. 15. CONFLICTS OF INTEREST 15.1. The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. CARRIER CORPORATION Page 9 15.2. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement'by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES 16.1. 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: Celeste Jardine -Haug, Senior Svcs. Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Email: chaug @newportbeachca.gov Phone: 949 -644 -3247 Fax: 949 -640 -7364 16.2. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Tom Angiled, Service Account Manager Carrier Commercial Service 3050 Enterprise Street Brea, CA 92821 Email: tom.angileri @carrier.utc.com Phone: 626 - 926 -6867 17. NOTICE OF CLAIMS 17.1. Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 18. TERMINATION 18.1. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 18.2. 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 up to the effective date of termination for which. Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 19. STANDARD PROVISIONS 19.1. 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. 19.2. Waiver. A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19.3. Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 19.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. 19.5. Amendments. This Contract 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. 19.6. Effect of Contractor's Execution. Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. CARRIER CORPORATION Page 11 19.7. Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 19.8. 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 or age. 19.9. 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. 19.10. 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. 19.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 19.12. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICEOFTHE CITY ATTORNEY Date: -I - ((o . ( ( B yle Rowen Assistant City Attorney ATTEST- 1" Date: Y,,,- 1:4 n i I . own City Clerk *04 CITY OF NEWPORT BEACH, A California municipal corporation Date: ' w B qll� ur Detweiler Recreation and Senior Services Director CONSULTANT: Carrier Corporation, a Delawar corpration Date: By:j Tom ileri, Se/ -vice Sales Representative Date: Z In I (- I By: Maggie rd, Sr. Services Supervisor Tax ID #: � 0(71(-111 t Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Labor and Materials Payment Bond Exhibit D - Faithful Performance Bond CARRIER CORPORATION Page 13 EXHIBIT A - SCOPE OF SERVICES SERVICEPI_US SCORE OF SERVICE ANNUAL PREVF.N'Tf VE MAiNTE.\ANCC F=fi Annual Proveotive Maintenance is to consist of pre - scheduled recurrk:g preventive nsannreance aaiors, which sus to be performod on a yearly imervel detcor and by equipment operating haws that nury be recommended by cacti equiprment mmufacttaer. `hare anumi +asks arc desigmd In prepare the equipment for prime operating coed "pion sa dust the equipment will operate effectively, reliably. and ef6eieMly during the peak dcpmrd monks. SCOPE OF SERVICE GENERAL SERVICES: EN'.TRONMENTAL, HEALTH AND SAFETY CARRIER is commmed to conducting its operations in compliance with all emiroanenml regulation and to providing a safe and bmldsfui worlWlace fm all of its employees. Our envimnruental, IeaIth and safety goals include prev=ug imidcros that hum the envi,,,,m, accidental injury in our employees and visrmra, anchor expossme to harmful ehem:cal or physical agents. Our gosh also mekhdc the elbaiation of accidents thus cause property loss, eavponmemml damage, or rasah in the interruption to our busioesa. To achieve those gosh, environmental and safety rules and procedures will be eoPorrtd quay with productimt, quality, cost and ethical standards. Our objective is in Provide quality pmducta and services while acpvejy eoawrvtt4 our Namara and amml resourom. CARRIER Bondy believes that all accidents said undesirable Mvirmnmm ui incidents are preventable. Furthermore, every jib cm. and will, be darts safi* and in an eaviralmmmlly mwd mariner. Realization of these goals and objective will demand maximum effort Born every mploYee. CIM ER's ER&S GOALS' A Create and oahnam "Belay Awareness". Safety is evryone's nesp insibd'uy, therefore rake safety an integral pan of every service job. 8. Sttivc lo maintain a board -free wink eavimvAwm by rWtdrmg everyone m puvidc special atteaion m the cquipmcnt, praesam aid procedres utilized in die perforatance of our vrork. C. Provide for the saf eardir4 of our employees white improving the effectivermss of Our gmality assurance mid customer satlsfhctio, programs D. Fmwe compliance with applicable san i uds, regulations and codes emablala d by local, ate and federal agencies (re.OSHA). £. thilhW safety and health trna mg, positive reinfoncemont reckaigaa idermfiauon, evaluation and correction oflmazards and unsafe work pmeeAres and performance to achieve regulatory compliance, F. Signifiaa raduction in loth -time injuries, reportable accideats with the longue goal of co lost -time injutias and M sewdable Womimts. G. Active participation by all CARRIER employees in applicable aspaxt of the safety program. H. Provide CARRIER sevvim operations with effective raining band an both OSHA and CARRIER Safety Standards in the recognition, evahmthin and OMMI of hate ds sad dngemus work procedures and performances, 1, Esmhhsb safety airsmprovide proper personal protective equipmensfor the hmillaW tasks. j. Establishment of procedures for =rural cl sastm, fix and c mrgenay Sibladops, including safe locations, exit raima, methoocis for accounting for employ= in =total dhasans. K. Achieve and emote then i mpka otatio n of die safety program with the performance of safety, health and record - keeping aadn5 by mpsesenm4vea of CARRIER's Safety Camnntee, and if necessary, min. hem through an aceepad, wriamm, adtqunMly eonmwrdcamd discpltleny program. L Badirs plot ofaquipment under current standard conditions. Ui WON. n.ae-,u,r rw resar J w v w cni g�nx n A3 m8 V E ppp d Z V111N ��LLU„E�Efp6 66<4' <6G4<�44ye � <55 :69p<(< G�G11 IRS.I d.R 033x�a�5.� $EB'6`F@'B4 c9�c§�uuvc§c�cs,�$u�3 99fi9S668SSSS66� W W LL W W 4.W W W W W W W 4 11,11 4 41111 6C«46t64 «t <[Q M33I H sS�§�svu8��9Cu3�up���§ LLLY�iLLW WLLY�iW L BWLLW I4 w w W W W W W W W W m mma a oao °_�g_mg g_mg gm_mvav �o a Lggy���ry�� a( 444Vwn C�G�$CGOOGCI6��� AArvi40REile z 0 V3d MnM1 1.2 .S7 -6— 1 SERVICEPLUS EQUIPMENT / CONTROLS DEVICE LIST (coat.) ID-0 Mxm Modd Vumbv ' u Le�t>m SFC017-I11 Ambithi, DWn PDFY.P36NMHU -E Ind=Fm Coil Duildm,r" SHPa16 MP,O.hi: Dnein PUHY.P204 Omdam Hmt Pump Buildingti SHPOi7 MitmbiShi, DWP. PUHY -Pi" Outdms Hm Ptmp BuiNOg'r' EF41 Cmk 120 ACAUB Exhimet Fm. R.R. 128,130 Jvm., 124 EFa2 Cook 70 ACES Eaha Fen R.R. 177,139 EF43 Cook 60 ACEB Exhamt Fyn lonam 150 EFOO Cwk 155 ACRU'B Ed lFm Wellness Cmlm R.R. EFN5 Cook 80 ACED Exhaum Fm ElamioJ Rm. t% EFO6 Cask 120 ACRUS Exhatin Fen R.R. 165, 166 EFO? Coak 80 AM Exhaust Fm EJecoiW Pm. 173 EFOS Cmk 70 ACEB Exhw Fm Unit" PO. R.R. 176.177 EFOO Cook 90 ACES Exha Fen Disbaaxha KEFMI G=haek 24W CUBE Exh=i Fan Kitdtm SF#1 Cool WASP.T Eah" Fw Admin F. - MA SF02 Cmk 90ASP -T Edtma Fm Mrtun W -OSA a�a mwua +- xenusx :r9p �y;rx SERVICEPLUS MANTEIVANCE TASK LIST Equipment: Carrier Roof Top Gas I Electric Air Conditioning UTIRS Quantity: 9 Tasks: Frmtswcv oes veer: ANNUAL PREVE\: ATIVE MADSTENAMCE COMPRESSOR • Lubricam all besrmpw requited 4 • Cwl; oil level and premure 4 Check had pressure 4 • Check suetion pressure 4 + Check snohor boars 4 Checkrefgerat charge 4 Trm for leeks 4 Check roomer, 4 • Cheek amperage and voltage 4 • Check all nlefies and opere4n9 coevals 4 GASFURNACE • Check WmIntetion • Ch=k plot • Cbrek fen limit eonnoi • Check pilot safety device • Check wtomuic safety vaive MOTORS AND MOTOR CONTROLS Clmn. of and7m grease • Chock for overload under full operation • Check roltl8cmre and dean as eecessmy' FANS AND BLOWERS • Luhri�e all movitsg pens etegmted MTORS . Change E -35 dispaable liken COILS • Check far In" Mw cmtdauer cmX0 Equ*ment-. Carrier & Mitsuitisbi Indoor Pan Cods QusmWt 31 Tasks: FreourneV trot vex: ANNUAL PREVENTATIVE MAINTENANCE Lubriate all motors ant fan bearings w required 4 Check mg fw leaks 4 • Check drip pan and drain cormection 4 Change E -35 dmpoable leers 4 Cleaocol t 4s cim Muv.,Fst IM ✓ .w SERVICEPLUS MAINTENANCE TASK LIST (conL) Equipment: Carrier & Mitsubishi Outdoor Heat Pump Quantity: f) �� Freaueacv t4:r vear. ANNUAL PREVENTATIVE MAINTENANCE COMPRESSOR • Lubricate all beansraa w required 4 • Chock oil level sod pressure 4 • Check had pressure 4 • Check suetmn pressure 4 • Check anchor bolts 4 • Check refrig=t charge 4 • TM fm !cars 4 • Check rotation 4 • Check amp mgc and volaW 4 MOTORS AND MOTOR CONTROLS • Chsn, oil end+or grpss 4 • Check For omioad under full opezadon 4 Check ccntactm mui clean w necesemy 4 FANSAN BLOWERS . Lubri®Oe an moving pens os required 4 Co" Check for leaks 4 • CIMCoills) Equipment•, Cook & Greenhak Exhaust & Make Up Air Fans Quantity: 12 Tacks Fraouenov oa rear: ANNUAL PREVENTATIVE MADT17MANCE • Lubricste an moving pane m rwuved 3 • Check belts, if a"HUble 2 EXHIBIT B - SCHEDULE OF BILLING RATES SERVI�® This SERVICE AGREEMENT stall be adm®eotaned by Carrier Cammendal Serviee p+escuttR' lorded at 3030 Emexpnse stren Brea CA 92821 626926 -6U7 RQUIPMR.VTYCONTROU DEVICE SERVICED See - Epdpmem/Centrob Device WC section for a tier of equipment nmhmed to this SERVICE AGREEIIENNT. AGREEMENT MQZ: - Oaarte[jX MatutanaaeE The AGREEMENT PRICE in year am stall be S19,832.00 pa ym payable $3,708.00 per Quarter. The TOTAL AGREEMENT PRICE b $13,832.00 cuveriaa a tam of I year. AG'1T T8$M This AGREEMENT shat became of l ctive the date of approval and shell enatianue for a 1 -yeas tam. Ekba party may tamima this AGREEMENT occwdma w dm Early Taminmon Scbadak, if any, w at the end of the 1 -yea term. ACCEPTANCE AND APPROVAL This shall become a valid AGREEMENT upon squawre by CUSTOMER and m omare by a CARRIER rtpaatmmvo m the CARRIER Approval blocks below. The undemped acknowledges and agree by ire aipaaoe amt dw Gumal Pmvisiwss, Scope of Service, and eery amc+mmem w addenda prepared by CARRIER with rupeet dmefo comtimta the entire AGREEMENT. No agent ofCARRIER a employee shall have authority, an alts or waive my Geeael Proviso; unless wribea approval is obtamW from CARRIER hamgaerar,& Eactttiat by Adwrlmd7k CLISTGVM AMEPWICE: Cusatmer ComPM Name Cda0M6r Aeo6pM= (typed /primed A—u DATE: & i-00 Carrier All al (NPed /Mmttad treme� Cusmmer At sowca (s nantro) Duo Carrier AAPravai (alattaMa) Duo 6ucCawws humnuu � rermt .... D -1 I Page CITY OF NEWPORT BEACH BOND NO. 82207104 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of _Newport Beach, State of California, has awarded to Carrier Corporation. hereinafter designated as the "Principal; a contract for the HVAC maintenance located at Oasis Senior Center:in the City of Newport Beach, in. strict conformity with the Contract 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 Contract 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,. FEDERAL INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as ".Surety') are held firmly bound unto the City of Newport Beach, in the: sum of Fourteen Thousand -Eight Hundred and Thirty Two.. Dollars and 001100 ($11,832.00.) 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 Contract; 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 aother 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 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 3181 of the California Clvil .Code so. as to give a right of action to them or their assigns in any suit brought upon this Bond, as C- 1IP@ge required by and in accordance With the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract 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 Contract or to the Work orto the specifications. In the event that any principal above named executed this Bond as an individuali 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 301h day of August , 2111 1, Carrier Corporation Name of Contractor (Principal) FEDERAL INSURANCE COMPANY Name of Surety 15 Mountain View Road Warren, NI 07059 Address of Surety 908 - 903 -7905 Telephone Sonia Rogers, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Attorney in Fact C- 2IPage SPECIAL POWER QF ATTORNEY CARRIER CORPORATION, a. corporation organized and existing under the laws of the State of llelaware, an behall"off it4w.. its subsidiaries and affiliates, (collectively referred to as the "Corporation ), hereby makes, constitutes and appoints Aon Risk Services Northeast, Inc. on behalf ofoortain of its employees.as the: Corporation's true and lawful attorneys -in -fact: Annette Leuschner Valorie Spates HpQna IKazmierczak Jessica lannotta Vivian Carti with full power to exac*, seal and defter en behalf of the Corporation, surety bonds and documents ancifty th .issued In .the course of the Corporation's business, .subject is the proviW anti ofihe Insurance Brokerage and Service Agreement effective March 1, 20.07, amorigAon Risk: Services. Inc, of Connecticut, Aon Risk Services, Inc. of New York. currently Known as AiON RISK SERVICES NORTHEAST, INC. and UNITED TECHNOl.0WES Q01IRPORATION, as amended or supplemented from time to firrre, and to bind the Gorpiaraftocr, thereby as if such writings had been duty executed and acknowledged by officers of the Corporation. IN WITNESS t+URQREQP, ft Corporation has be signed by its duly, aothrarizpd rep resentativge STATE OF NEW YORK ) COUNTY OF ONQNDAGA ) CARRIER Mrick J. Assistant ss: City of Syracuse of Attorney to , 201'0. I Counsel On this A& day df July 2.01:0, before me, a Notary Public in and for said County and State, personally appeared PARTICK J. RAO, who acknowledged himself to be the Assistant General Counsel of CARRIER CORPORATION, the corporation named in the foregoing instrument, and that as such, being authorized so to do, executed the foregoing instrument forthe same fpr the purposes therein contained by .signing such document in his capacity as Assistant General Counsel. :0 rlibL_.:..i Chubb POWER Federal Insurance Company Ann: Surety Department Surf OF Vigilant Insurance Company 15 Mountain View Road .� Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07058 That FEDERAL INSURANCE COMPANY, an Indana each as mdrbtre wad kwM A9omap I0- Pod a aeade order such desgrafion h#0 names and to aft Nrekowparew seats to and do%W brand an tlwkbdaW 4e swepr Oramon w oBwOM horde and wda W&qs and other wMnp obWtay a pia nave mered (sitter Nan ball bads) 9%vn a exscvdwd a 0-w Dowse d busktess. and OW knWorrreets amwdrg «atterwg dw sarm.aat eoneords to Nw nw0catim «elmreeon d vV irmkwned referred 0-:n said bads «ohfgwkrm. In Whooss Whores! said FEDERAL INSURANCE COMPANY, V1aflANTINWRANCE COMPANY, aid PACIFIC INDEMNITY COMPANY here 2adr exeawed and attested Ytese pwaeasard afDted their mponate seats onmw 11th dayd Februaty, 2011. G Jc, Vke .STATEOFNEwJERsEY oaattyasaaasat ss onaae 11th days February,2011 beareme.aNaWgAoodNew.kr roper r.*cwam Kaaamawm team known a be ANISMAI 9ftWmy d FEDERAL INSURANCE COMPANY VOLANT INSURANCE COMPANY, and PACIFIC INOEMNN COMPANY, to wMe,ya W" amaaaed Its lona" Pwwr d AUMW. ard rw aM Kwt&& G Wewdet bakg by ma ddy swan, did dePom wA say dmt he h AmMut Secmtmy d F.WB . 11=0R NCE COMPANY. MA I` 1AWRANOff COMPANY, and PACIFIC INOBXM COMPANY and knows We cserorae seals NM DA dal 0-w waa aWbed to NN rmagekg PaserdAlbmeyare ardi ooepaaa seat ard were INesra aM,ed byaWwdtyd the By tars d add Carrpandoo; and Soft sWW wM Powwv dpAwmay m Asold" saaewyet SW Cow byaw wAa ft and *d he Is osawkWvdb David & Nad%X. and ke n 1aa a Oo vtoe PreWata aMCompaNer, adttmlMre srgrWmdDwM S.Node..k.aAenkedasW lbverp Ataateyb aftwWne WWwr4 gdOaMd B. Nadw,x and vaslhereaaWSaked by aAwdWtdaM lava end a depor ad'sPrawa NsladdtTaa WKWNE A ADM" 1 J'kSFI PW" CorranhabR EN!tf p JulY 14, 2014 edredkem dw f3` laws d SAL INSUAANCECOMPANY. VIGILANT INWR NCECOMPANY. and PALM 94OMWW OtAAPANY: 'AS Poems aenemy. for and an bdwd d me Conparg, may and show be exseukd ache mm and m balwd d rote Ca "fly, sews M Ow gvku rr«ma PMkkn « sYke Predderd «en Asshwnl wen PraMdere, IskrNy vnalN the Seuewry «an Asswwra SeaoNry. rada Nwk reepeWve desgasaan, The sOvAt s drwehdaoers maybe engraved, pined wWwgraphed. The N nduts dead, 0-&A k1a.Wg@Mb CImbnw% Pee:IdeaL aryVke PoesMaA, dry AssNfaw Woe Peewee. any Sam". any AsdsW 8a=" and dw not of the Canpap nW be do" by (acaknpe a 0-a/ power d atkmwy or b any eeAlkals w110' MOMappokdrg Aaslueed Srwrawrks« At waeW W Fed farpwpssa mydaaearGng and anemkg W,dwadwdawMnpsandagw IN a oNgtlagarow naaee d,eNnet ard aeg,at,ehpowAaaalaney«andoeaa bearing wehlweaaawa sgnahn orinsane sal shall bevanandw IS spa 00 Cw 4wW ad NV wits parer so sxeoaed WW coATied by auh wesanNe agrmture end kodrok aea dW be void and tkxkV open the Cmpery sMhrsapedaanyboWwundawlwgaw "Altw&Mactb • L Kemeth C. WwdelAldshoM Saxewya FEDERAL WMAIANCE COMPANY VIMANT INSURANCE COMPANY ad PAOPIO WOO&M OMWANY (Iw+Cmpanledl its heMyoalwywra . A tANakragokg axwddalha 6y- lawsdwte CsnpeNeawtrre and oared, PO the CaryMrYea era Ag+awamea a+d.xwdma a earxa aur�r amwese eat so a ew orrice corn dAmm�aa,d as asmaa oawnas and as WAmbodbyl M U.B. TrcuW Da WMW, N kdlw , Wdad snit Ylg W 0-e Soeroed in Puna Rkoard tlw U.S. Vkdn wins, ad Federal is Nwsada Anralwr Soma. (Mean, ad aohdrw PPoVkaesdOenea ezoeplPdrwa Edward row xt and leg Wefor0o 11 PowdANarwvls Mrs. cared and in NWAym a-Aafla& • IN THE EVENT YOU WISH TO NOTIFY us OF A CLA%t VERIFY THE AUTHENTICITY OF THIS BOND OR.NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Tedephmtre 4908) 803.3483 Fax (808) 803 3656 e+ma, awe ®deubboam Form 15-10- OZM& U (Ed. 5- 03) CONSENT Fam 15-1003M(A..3m) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LUIBILITIESAND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2010 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ................ $ 235,579 Outstanding Losses and Loss Expenses ..... $ 12,051,257 United States Government, State and Unearned Premiums, ........ _ .......................... 3,331,654 Municipal Bonds ........... ............................... 10,931,173 Ceded Reinsurance Premiums Payable....... 329,476 Other Bonds ............................................. _... 4,110,731 Provision for Reinsurance... ........................: 70,491 Stocks ..................... : .............. ....................... 837,803 Other Liabilities ................. ............................ 962,493 Other Invested Assets .... ............................... 1,909,914 TOTAL INVESTMENTS .............................. 18,025,200 TOTAL LIABILITIES.... ............................... 16,745,371 Investments in Affiliates: Special Surplus Funds. ...... ........... ......... 174,400 Chubb Investment Holdings, Inc. ................ 3, 002,346 Capital Stock .... ........ .... .. ... . ......................... 20.980 Pacific Indemnity Company ........................ 2,424,142 Paid -In Surplus.............. ............................... 3,106.808 Chubb Insurance Invest rent Holdings Lid. Unassigned Funds ......... ............................... 11,015,075 Executive Risk Indemnity Inc .................:.... 1,111,774 ' CC Canada Holdings. Ltd ............................ 752,455 Great Northern Insurance Company........... 459,252 SURPLUS TO POLICYHOLDERS ............. 14,317,263 Chubb Insurance Company of Australia Limited 313,107 Chubb European Investment Holdings SLP... 234,836 Vigilant Insurance Company... .................... 212,646 Other Affiliates .................... ........................ 381.791 ' Premiums Receivable .... ............................... 1,441.826 ' Other Assets ................... ............................... 1,427,670 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............................ $ 31,062,634 TOTAL ADMITTED ASSETS ..................... $ 31,062,634 Investments are valued in accordance with requirements of the National Association of insurance Commissioners. Investments with a carrying value of $ 452, 427,638 are deposited with government authaites as required by law. State, County & City of New York, — ss: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2010 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United.States for the 12 months ending December 31, 2010. Su bed and swum to before me this 1 7jl! >7�]s� 1 Va ake , DOROTHYM.BAKER Assistant Secretary. Notary Public, State of New York Notary Pubic No. 31- 4904994 Qualified in New York County Commission Expires Sept 14.2D13 Fam 15-1003M(A..3m) State of New York County of New York On 8/3012011, before me, Cynthia Farrell personally appeared Sonia Rogers 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 signature(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 New York that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature NMMpxo STAYE OF VIM QUAUREU IN QUEENS COU em"S" EXPIRES AUG. 28, �� State of New York County of New York On 8/3012011, before me, Cynthia Farrell personally appeared Halina Kazmierczak 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 signature(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 New York that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature N CYNTHIA SSTA FAML OTW NEW YWX NQ. oiFASOamai Q1IA'" MI QUEENS Ca , fdMIdISSb1d Ei + "R ?ES AU6.28, DI FILE COPY CITY OF NEWPORT BEACH BOND NO. 82207104 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is .$ 15000 1 being at the rate of $ 4 dollars per thousand thousand of the Contract price. WHEREAS, Principal has executed or is about to execute the Contract and the terrns thereof require the furnishing of a Bond for the faithful performance, of the Contract. WHEREAS, the City of Newport Beach, State of California, has awarded to Carrier Corporation. hereinafter designated as the "Principal," a contract for the HVAC Maintenance., located at Oasis Senior Center in the City of Newport Beach, in strict conformity' with the Contract on fine with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and FEDERAL INSURANCE COMPAW 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 Fourteen thousand -eight hundred and thirty two. Dollars and 00 /100 ($14,832.00.) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, 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 Principars 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 Contract 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 Band, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the D -1 (Page event the 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 Contract 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 Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the .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 30th day of August 2011, Carrier Corporation Name of Contractor (Principal) FEDERAL INSURANCE COMPANY Name of Surety ] 5 Mountain View Road Warren, NJ 07059 Address of Surety 908 - 903 -7905 Telephone Authorized Signature/Title Harina Kazmiermak, Attomey In Fact Authorized Agent Signature Sonia Rogers, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED D- 2IPage