HomeMy WebLinkAboutC-4950 - M/RSA for Heating, Ventilation and Air Conditioning Systems.i�
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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
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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
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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.
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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
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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
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