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HomeMy WebLinkAboutRES 09-359 RESOLUTION NO. 09-359 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase and installation of heating, ventilating, and air conditioning (HVAC) automation controls in the amount of$688,000 from Automated Logic United Environmental Services of Beaumont, Texas, through the Texas Multiple Award Schedule(TXMAS)contract for installation in the Civic Center, City Hall, Police Building, Julie Rogers Theatre, Tyrrell Historical Library, Municipal Court and the Main Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of December, 2009. �,UMO� X11 � U w - Mayor Becky Ames - eirll` CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 CFIUE'IB Phone: (908) 903-3485•Facsimile: (908) 903-3656 FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No.82172407 Amount$ 688,000.00 Know All Men By These Presents, That we, AUTOMATED LOGIC CONTRACTING SERVICES, INC. DBA AUTOMATED LOGIC- UNITED ENVIRONMENTAL SERVICES 4107 NEW WEST DRIVE PASADENA TX 77507 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS P O Box 3827 Beaumont TX 77704 (hereinafter called the Obligee), in the sum of Six Hundred Eighty Eight Thousand and 00/100 Dollars ($ 688,000.00 ), for the payment of which we,the said Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Sealed with our seals and dated this 11th day of December 2009 WHEREAS, the Principal entered into a certain Contract with the Obligee, dated December 4th 2009 for CONTROLS RENOVATIONS: CITY HALL, JULIE ROGERS THEATRE, PUBLIC LIBRARY, MUNICIPAL COURT, TYRELL LIBRARY, CIVIC CENTER AND DOWNTOWN CENTRAL PLANT in accordance with the terms and conditions of said Contract,which is hereby referred to and made a part hereof as if fully set forth herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above bounden Principal shall well and truly keep,do and perform each and every,all and singular,the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contract specified,or shall pay over,make good and reimburse to the above named Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject however, to the following conditions: Forth 15.02-0001(Rev.11-99) (Over) Any suit under this bond trust be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. AUTOMATED LOGIC CONTRACTING SERVICES, INC. DBA AUTOMATED LOGIC- UNITED ENVIRONMENTAL SERVICES Principal By, G . Thomas Van Arnam,Assistant Secretary FEDERAL INSURANCE COMPANY By. %�-A 1t i,�;a Jenny Berube,4ttorney-in-Fact CHUBB CROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 CHUBS Phone: (908) 903-3485•Facsimile: (908) 903-3656 FEDERAL INSURANCE COMPANY PAYMENT BOND Bond No.82172407 Amount$ 688,000.00 Know All Men By These Presents, R# TED LOGIC CONTRACTING SERVICES, INC. DBA AUTOMATED LOGIC-UNITED ENVIRONMENTAL SERVICES 4107 NEW WEST DRIVE PASADENA TX 77507 (hereinafter called the Principal), as Principal,and the FEDERAL INSURANCE COMPANY, Warren, New Jersey,a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS P O Box 3827 Beaumont TX 77704 (hereinafter called the Obligee), in the penal sum of SIX HUNDRED EIGHTY EIGHT THOUSAND Dollars ($ 688,000.00 ),for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a certain Contract with the Obligee, dated December 4th 2009 for CONTROLS RENOVATIONS: CITY HALL, JULIE ROGERS THEATRE, PUBLIC LIBRARY, MUNICIPAL COURT, TYRELL LIBRARY, CIVIC CENTER AND DOWNTOWN CENTRAL PLANT in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful claims of sub-contractors, materialmen, or laborers for labor performed or materials furnished directly to the Princi- pal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub-contractor, materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition: No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limition shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Form 15-02.0009(Rev.11-99) (aver) b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Sealed with our seals and dated this 11th day of December 2009 AUTOMATED LOGIC CONTRACTING SERVICES, INC. DBA AUTOMATED LOGIC-UNITED ENVIRONMENTAL SERVICES_ Principal By. Thomas Van Arnam,Assistant Secretary FEDERAL INSURANCE COMPANY By. Jenny Berube,(A0orne)=in-Fact Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do eacfi hereby constitute and appoint Jenny Berube, Deborah Nall and Nancy Pultorak and Thomas Van Arnam of Syracuse,New York----------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings not to exceed$3,000,000.00 (Three million United States Dollars)given or executed In the course of business(but not to include any instruments amending or altering the same,nor consents to the modification or alteration of any instrument referred to In said bonds or obligations)on behalf of Carrier Corporation and its subsidiaries as principal In connection wlth bids, proposals or contracts to or with the United States of America,any State or political subdivision thereof or any person,firm or corporation. And the execution of such bond or obligation by such Attorney-in-Fact In the Company's name and on Its behalf as surety thereon or otherwise,under its corporate seal,In pursuance of the authority hereby conferred shall,upon delivery thereof,be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 21st day of July,2008. Kenneth C.Wendel,Assistant Secretary Norris,Jr.,Vice P nt STATE OF NEW JERSEY County of Somerset ss, On this 21st day of July,2008 before me,a Notary Public of New Jersey,personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed:the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereor,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power or Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with David B. Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is In the genuine handwriting of David B.Norris,Jr„and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial, $.F a, a STEPHEN L`BRApR c� U"ARY Notary Nblic,State of Now Jer-W --�— No:=21097 2 P41 BL\C' (oMMiSSlon&.0655 Oct.25,209 FW.Fran CERTIFICATION Notary Public Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be,engraved, printed or lithographed.The signature of each of the following officers; Chairman, President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY(the'Companies")do hereby certify that (1) the foregoing extract of the By-Laws of the Companies is true and correct, (11) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands,and Federal Is licensed In American Samoa, Guam,and each of the Provinces of Canada except Prince Edward Island; and pit) the foregoing Power of Attorney Is true,correct and in full force and effect q r Given under my hand and seals of said Companies at Warren,NJ this ' !; day of ! r" 2009 100' /�j Kenneth C,Wendel,Assistant ecretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Porte 95-t0-0152A-U (Rey.5-03)CORP NON•CONSENT FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2008 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments............... $ 202,707 Outstanding Losses and Loss Expenses..... $ 11,792,508 United States Government, State and Unearned Premiums..................................... 3,522,120 Municipal Bonds........................................ 11,216,158 Reinsurance Premiums Payable.................. 337,760 Other Bonds................................................. 3,719,243 Provision for Reinsurance............................ 109,756 Stocks.......................................................... 609,081 Other Liabilities............................................. 958,636 Other Invested Assets.................................. 1,771,227 TOTAL INVESTMENTS............................. 17,518,416 TOTAL LIABILITIES................................. Investments in Affiliates: Chubb Investment Holdings, Inc................ 2,642,766 Capital Stock................................................ 20,980 Pacific Indemnity Company....................... 1,831,737 Paid-in Surplus............................................. 3,106,809 Chubb Insurance Investment Holdings Ltd... 1,227,650 Unassigned Funds........................................ 9,008,020 Executive Risk Indemnity Inc..................... 921,728 CC Canada Holdings Ltd........................... 583,643 Great Northern Insurance Company......... 385,875 SURPLUS TO POLICYHOLDERS............. 12,135,809 Chubb European Investment Holdings SLP. 239,173 Chubb Insurance Company of Austrailia... 224,157 Vigilant Insurance Company...................... 152,634 Other Affiliates........................................... 307,470 Premiums Receivable.................................. 1,498,855 Other Assets................................................ 1,322,485 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS............................ $ 28,856,589 TOTAL ADMITTED ASSETS..................... $ 28,856,589 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at$479,627,974 are deposited with government authorities as required bylaw. 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, 2008 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 31,2008. Subscribed and sworn to before me this jlo ,�Qy DOROTHY M.BAKER ��Ass!istantecretary Notary Public,State of New York Notary Public No.31-4904994 Qualified in New York County Commission Expires Sept.14,2009 Form 27-10.0071 A(Rev.4-09) Policyholder Information Notice IMPORTANT NOTICE AV/SO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Chubb's toll-free telephone number Usted puede llamar al numero de telefono gratis for information or to make a complaint at de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB 1-800-36-CHUBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at de companfas, coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 FAX # (512) 475-1771 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection @tdi.state.tx.us E-mail: Cons umerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: D/SPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent first. reclamo, debe comunicarse con el agente primero. If the dispute is not resolved, you may contact the Si no se resueve la disputa, puede entonces Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY.• UNA ESTE AV/SO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en pane o condicion del documento document. adjunto. Form 99-10-0299(Rev. 1-08) DATE(MMIDDIYYYY) ACORDn, CERTIFICATE OF LIABILITY INSURANCE LD8VMIAM 04/03/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ONE STATE STREET HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR HARTFORD, CT 06103-3187 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Hartford Fire Insurance Cc AUTOMATED LOGIC CONTRACTING SERVICES INC. D/B/A AUTOMATED LOGIC - UES (TEXAS) INSURERB:Ins Co of the State of PA 4107 NEW WEST ROAD INSURER C:Illinois National Ins Co. PASADENA, TX 77507 INSURERD:American International South Ina Co INSURERE:New Hampshire Insurance Co COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS MOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR SR POLICY EFFECTIVE POLICY EXPIRATION TR TYPE OF INSURANCE POLICY NLMBER IR LIMITS A GENERAL LIABILITY 02CSET10004 04/01/2009 04/01/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea oocurance $ 300,000 CLAIMS MADE MOCCUR $2,000,000 general MED EXP(Any one person) $ 10,000 aggregate per PERSONAL&ADVINJURY $ 1,000,000 location/project GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $10,000,000 policy PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY PRO- LOC A AUTOMOBILE LIABILITY 02CSET10000 (A/O) 04/01/2009 04/01/2010 COMBINED SINGLE LIMIT ANY AUTO 02CSET10019 (HI) (Ea accident) $ 1,000,000 }X ALL OWNED AUTOS Hartford Underwriters BODILY INJURY $ SCHEDULED AUTOS Ins (Per Person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EI CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 35669:MA,NJ-20, CA-24 04/01/2009 04/01/2010 X H TORY L9,/ITS OETR- C EMPLOYERS'LIABILITY TX-21, FL-28 E.L.EACH ACCIDENT $ 1,000,000 D ANY PROPRIETORIPARTNERIEXECUTNE MULTI-23, OR-25 OFFICENMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E H yes,deeciibeunder MN-22, MULTI-26, 27 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMB 1$ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CT WORKERS COMPENSATION (SIR 2.5MM) EXCESS COVERAGE - NATIONAL UNION FIRE INSURANCE CO - POLICY NO. 4801324 RE: City of Beaumont The City of Beaumont is an additional insured for general liability, but only with respect to liability arising out of Automated Logic-UES' ongoing work for the additional insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,THE OWING RMRER WILL ENDEAVORTO MAL 30 DAYS WRITTEN NOIICETO THE CERTIFICATE HOLDER NAMEDTOTHE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. City of Beaumont 1848 Pine AUTHORQED REPRESENIATWE s Beaumont, TX 77703 Page 1 of 1 ACORD 25(2001108) ©ACORD CORPORATION 1988