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HomeMy WebLinkAboutTRANE, INC. 1hCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). The agreement with COTC Office Use Only ............................................................................... Jitp � �? J8 NT A R.. �' fl iK OF No. N-2004-062-05 was completed on and final payment has been made. (List all amendments. Use space below if needed.) '' 4 .P `sc�a^ate.::'? Department: Phone/Ext.: 500 SI Signature: / Date: —/ 7 '7 Revised 04-12-10 N-2004-062-05 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL AMENDMENT TO SERVICE AGREEMENT DATE: N1a �,V Cj M S B� THIS AMENDMENT TO AGREEMENT, made and entered into this 29t' day of July, 2010, by MCA 0 and between Trane Inc, ("Consultant") and the City of Santa Ana, a charter city and municipal C�tiyZ,-7'\ corporation duly organized and existing under the Constitution and laws of the State of California City"), collectively referred to herein as "the Parties". SEP 2 3 20,��' RECITALS: A. The Parties entered Agreement N-2004-062, dated July 1, 2004, hereinafter referred to as "said Agreement", for the provision of maintenance, service, repair and parts for air conditioning units located on the City Hall Ross Annex building and the Grand Central Art Center- B. Said Agreement has been subsequently amended to extend the term and add compensation to provide continuous service during the extended term. C. The Parties desire to execute this Amendment to evidence their agreement to provide continuous, uninterrupted service and to add compensation to pay for services provided during the extended term. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to set the inspection, maintenance, repair and part replacement fee for. the 2010/2011 fiscal year at $8,948.00, payable quarterly at $2,237, plus tax, for Ross Annex. Contractor agrees to accept, and City agrees to pay an additional fee of $3,680.00, payable $920 per quarter, for inspection, maintenance, repair and part replacement at Grand Central Art Center. The total sum to be expended for service and part replacement pursuant to said Agreement shall be not exceed $25,000, during the period from July 1, 2010 through June 30, 201 1. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR—� Clerk ofthe Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney �7 By: -2,Cr rc< 0 o �� Lama Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL FRANCISCO GUTIERREZ Executive Director Finance and Management Services CITY 4W SAN�TA ANA DAVID N. REAM City Manager TRANE, INC. (NAME) (Title) May 7, 2010 SERVICE AGREEMENT N-2004-062-05 RENEWAL PRICING Sk ACCEPTANCE Grand Central Art Center Mechanical Scheduled Service 125 North Broadway Santa Ana, CA 92701 Attention: Mario Ghizzi Contract ID 1794 Trane Company agrees to furnish services in accordance with the attached "General Terms and Conditions" and "Schedules" already in effect. This renewal agreement shall become valid on October 1, 2010. The agreement renewal price is $3,680, payable quarterly at $920. Trane is pleased to offer a 4% pre -payment discount on the Service Fee ($3,533) if Trane received remittance for the entire annual service fee within 15 days of 7/1/2010. This agreement is effective from 10/01/10 through 09/31/11. Termination of this agreement by either party may be given in writing at least 30 days prior to the end of the anniversary date. On the anniversary of the effective date, the price herein may be adjusted to reflect Trane's increased/decreased costs, notice of which will be given to you at least 30 days prior to the anniversary date. Thank you for your business. Please let me know if you have any questions at (626) 435-1 104 Submitted by: Beau Broomall CONTRACT ACCEPT E Authorized Repr sentativ Title ,;' -2 — 2.,1 Acceptance Date fS Zo_-Gf._�� L ase Order Number Date: May 7, 2010 TRANE ACCEPTANCE: Authorized Representative AM Title 6/4l;l-om Acceptance Date TRANE SERVICE AGREEMENT -Pe re s avid Conditions The following "Terms and Conditions" are attached to and made a part of the Service Agreement ("Agreement") between the named Customer and Trane. For Services performed in the United States, "Trane" shall mean Trane U.S. l... For Services performed in Canada, "Trane" shall mean Trane Canada Co., except where the context provides otherwise. Trane', Services are famished pursuant to and subject to the following tens and condi hons, except for any Services that are [he su bjec[ of a pre-existing valid written agreement currently in effect between Trane and Customer, in which case such written agreement shall apply. 1. Acceptance. A Proposal or Agreement made upon these tens i subject to Customer acceptance in writing delivered to Trane within thirty (30) days from [he date here,£. If your order i acceptance of a written Proposal on a form provided by Trane, without the addition of any other terms and conditions of sale or any other modific Lion, this document shall be treated solely as an acknowledgment of such order, ,,bjec[ to credit approval. Ifyour order is n,[ such an acceptance, [hen this document is Trane', offer, subject to credit approval, to provide the services solely in accordance with the following terms and conditions of sale. If we do not hear from y,u within two weeks from the date hereof, Trane shall rely upon your silence as an acceptance of these tens and conditions and any performance will be pursuant hereto. Customer's acceptance of services by Trane will in any event cons ti[ut. an acceptance by Customer of these [ens and conditions. 2. Term, Renewal, and Cancellation. The Initial Term of this Agreement shall be I s stated in [he "Pricing & Acceptance" section hereof. Thereafter, unless earlier tenina[ed, this Agreement shall be automatically renewed for succeeding 12 month tens (each a "Renewal Term"), .bjec[ to the Renewal Pricing Adjustment, upon Tmne's delivery to Customer of a service renewal letter at least forty-five (45) days in advance of the scheduled expiration date and Customer's failure to notify T ane writing o later than thirty (30) days prior to the scheduled expiration date that the Agreement shall not be renewed. This Agreement may be cancelled upon the written mice of either party to the other (for any reason or no reasonI no later than thirty (30) days prior to the scheduled expiration date; provided, however, that, in the event of a cancellation by Customer, Customer shall pay to Trane the balance of [he Service Fee applicable to the then current 12 month period of the Ten. The Service Fee is based on performance during regular business hours. 3. Renewal Pricing Adjustment The Service Fee for an impending Renewal Ten shall be the Current Service Fee (de Fined as the Service Fee for the Initial or Renewal Ten immediately preceding the impending Renewal Term) adjusted by the following. (a) increase and/or decrease for additions and/or deletions to Scope of Services (b) 25 % of the Cument Service Fee shall be adjusted based upon the calendar year change in the (i) U.S. Bureau of Labor Statistics Producer Price Index for selected c modity groupings (Metals and Metal Products) for Services performed in the United States or (ii) Statistics Canada Producer Price Index, Goods (Raw Ma nals Prices Index) for Services perfoned in Canada; (c) 65 % of the Curent Service Fee shall be adjusted based up,n the change to cost of labor; and (d) 10% of the Service Fee shall be adjusted based upon changes to Trane s --head costs which include but are not limited to the cost of fuel, truck leasing, and office -related overhead factors. The Service Fee for an impending Renewal Tenn shall be set forth in the service renewal letter Furnished to Costumer. 4_ Payment and Taxes. Payment is due upon receipt of Trane', inw ice. Except as may ,[herwise be provided in the "Service Fee" section, annual Service Fee amounts shall be paid in advance of performance of the Services Trane reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5 % of the principal amount due at the end ,f each month. Without liability to Customer, Tr ­may discontinue services whenever payment is overdue. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Trane or, al[ematively, shall provide Trane with acceptable tax exemption certificates. Customer shall pay all costs (including att,m,y,' fees) incurred by Trane in attempting to collect amounts due. 5. Termination. This Agreement may be terminated by either party upon a material breach by [he other party of its obligations hereunder upon fourteen (14) calendar days prior written notice to the breaching party and the failure of the breaching party [n cure the breach within such fourteen (14) day period. Notwithstanding any termination, Customer shall remain liable to Trane for any amounts for services provided by Trane and not then paid. 6. Performance. Trane shall perfon the services described in this Agreement with resec pt to the listed Equipm nt with reasonable promptness i workmanlike in orlon.. with inust dry standards gra enelly applicable in the area. Exceptr as otherwise provided in writing in "Scope of Services;' Services will be perfoned during Trane', nonal business hours and any after-hours services shall be bi➢ed separately according to then prevailing overtime or emergency labor/labour rates. Trane', duty to perfon under this Agreement and the Service Fee are subject [o [he approval of Tr,,,', credit department, are subject to Events of Force Majeure, and contingent upon [he ability to procure materials from the usual sources of supply. Upon disapproval of the credit department or upon the occurrence of any such event as afresaid, Trane may delay or suspend performance or, at its option, renegotiate Service Fees, and/or terms and conditions with the Customer. If Trane and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for services rendered by Trane to the date of cancellation. This Agreement presupposes that all major pieces of equipment are in proper operating condition as of the date hereof. Services Famished are premised on the Equipment being in intainable condition. In no event shall Trane have any obligation to replace Equipment that is no longer maintainable. During the firs[ 30 days of this Agreement, and/or upon seasonal start-up (if included in the Services), an inspection by a Trane technician of Covered Equipment indicates repairs ,r replacement is required, Trane will provide a wnnen quotation for such repairs or replacement. If Cusmmer does not authorize such repairs or replacement, Trane may remove the a ceptable Equipment from the "Equipment Coverage" or "Scope of Services'acsectio,, of [his Agreement and adjust the Service Fee accordingly. During the Tern, Trane may elect to install/attach to Customer equipment or provide portable devices (hardware In software) for execution of control or diagnostic procedures. Such devices shall remain the personal pr,prie[ary property ,f Trane and in n, event shall become a fixture of customer locations. Cusmmer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellaetual or proprietary rights I. devices used i connection with providing service on Customer equipment. Trane reserves the right to remove such items at its discretion. Trane may refuse to perf,nn any ces or work where working conditions could endanger or put at risk the safety of Trane employees or subconvac[ors. 7_ Customer Obligations. Customer shall: (a) Provide Trane reasonable and safe access w all Equipmenq (b) Follow manufacturer recommendations concerning teardown and internal i n specti_ major overhaul, restoration or refurbishing of the Equipment; unless expressly stated in the Scope of Services s[a[emenq Trane is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the equipment; Trane shall not be responsible to perform any subsequent repairs to he Equipment necess i[a[ed by Customer's failure to follow such manufacturer recommendations; (c) Reimburse Trane for services, repairs, and/or replacements performed by Trane beyond the "Scope of Services" or otherwise excluded hereunder. Such reimbursement shall be a[ the then prevailing overtime/holiday rates for labor/labour and prices for materials and may at Trane', option be subject to a separate wli [ten agreement prior to its undertaking such work; and (dj Unless ware, lrea[men[ is expressly included in Trane', Scope of Services, provide professional culling tower water treatment in accordance with any reasonable recommendations provided by Trane. B. Exclusions. Unless expressly included in "Scope of Services" or "Equipment Coverage," the services to be provided by Trane do nor include, and Trane shall no[ be liable for, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, m intenance, repair, replacement of or services for- chilled water and condenser water pumps and piping; electrical disconnect switches or c air breakers; mntor starting equipment that is not factory mourned and interconnecting power wiring; recording or portable instmment:, gauges or thermometers; non- moving parts or non -maintainable parts of the system, including, but out limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hyd—me, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casmg or cabinets, damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned our main or branch fuses, low water pressure, vandalism, misuse or abuse, improper operation, unauthorized alteration of Equipment, accident, negligence of Customer or others, damage due to freezing weather, calamity or malicious all; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, con[amina[ion, corosiuq erns or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Trane as part of [his Agreemenq (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the Equipment or any portion thereof; (g) Bu lding access or alterations that might be necessary to repair or replace Customer's existing equipment; (h) The normal £unction of starting and stopping the Equipment or the opening and closing of valves, dampers or regulators normally installed to pru[ect the Equipment again:: damage; (i) Valves that are no[ factory mounted: balance, stop, control, and .,her valves external [o the device unless specifically included in the Agreement, Q) Any responsibility for design or redesign of the system or he Equipment, ob te,lenec, safety rests, or removal or reins["]]ati on of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer's failure io --ply With its obligations under this Agreemenq (1) Failure of Customer to follow manufacturer recommendations wncemi.g overhaul and refurbishing of he Equipment; (m) Any claims, damages, losses, or expenses, arising from or related In conditions that existed on, or upon the premises before the effective date of this Agreement ("Pre -Existing Conditions"), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor it quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the scope of Trane', Services, in which case replacement shall in no even[ exceed the stated percentage of rated system charge per year expressly stated in the scope of Services. Customer shall be responsible for the cost of any additional replacement refrigerant, (o) Operation of the equ pm nq (p) Any claims, damages, losses, or expenses, arising From or related to work done by or services provided by individuals or entities that are no[ employed by or hired by Trane. 9. Warranties. (a) Trane manufactured material supplied and installed by Trane is warranted to be free from defect in material and manufacture for a period of twelve months from the earlier of the date of start-up or replacement and Trane', obligation under this warranty is limited [o repairing or replacing the defective part at its option; (b) labor/labour is warranted (to have been properly performed) For a period of 90 days from completion and Trane', obligation under this warranty is limited to --mg any improperly performed labor/labour; and (c) non-Trane equipment and/or parts are not waranted by Trane and shall have such w anties as are extended to Trane by the respective manufacturer. Labor/labour to install parts supplied by Customer is not warranted by Trane. Notwithstanding the foregoing, all warmn[ies provided herein terminate upon terro dnation or a._lhuion of this Agreement. THE WARRANTY AND LIABILITY SET FORTH IN THIS SECTION ARE IN LIEU OFALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TRANE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), OR PUNITIVE DAMAGES_ NO REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE IS MADE REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. TRANE SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 10. Indemnity. Trane and Customer shall indemnify, defend and hold each other harmless from any and all claims, actions, costs, expenses, damages and liabilities, ncludmg reasonable attom,ys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or agents. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. IE Limitation of Liability. NOTWITHSTANDING ANY CONTRARY PROVISION, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS), WHETHER CLAIMED UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR FACTS, OR PUNITIVE DAMAGES. 12. Asbestos and Hazardous Materials. Trane', services exp—sly exclude any identification, ab—m—, cleanup, wntrul, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Trane become aware of or suspect [he presence of Hazardous Materials, Trane may immediately stop work in the affected area and shall notify Cusmmer Customer will be responsible for taking any and all action necessary to act the condition i accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Trane (including its employees, agents and s ubcontrac[ors) from and against any loss, claim, liability, Fees, pen.lnes, injury (including death) or liability of any nature, and [he payment thereof, arising out of or relating m any Hazardous Maten als on or about the premises, not brought unto the premises by Trane- Trane shall be required to resume perto—ee of the services only when the affected area has been rendered harmless. am m3 Insurance. Trane agrees to maintain insurance in the following minimum ounts dunng the Term: Commercial General Liability -- $1,000,000 per occurenee; Automobile Liability -- $1,000,000 CSL; Workers Compensation -- Statutory Limits. If Customer has requested to be named as an additional insured under Trane', insurance policy, Trane will do so but only to the extent of Trane': indemnity assumed under the indemnity provision contained herein. Trane does not waive any rights of subrogation. 14. Force Majeure. If Trane shall be unable to carry, out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Trane', election (i) remain in effect but Trane', obligations shall be suspended until the uncontrollable event ternina[es or (ii) be terminated open ten (1 O) days notice to Cuswmer, in which event Customer shall pay Trane for all parts of the Work fu mished [o the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Trane. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; Flood; earthquake; tornado; store; fire; civil disobedience; pandemic; insurrections; Hots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non - action by ur inablity to obtain or keep in force the necessary govemmenral authorizations, permits, licenses, certificates or approvals if— caused by Trane. 15. Services Other Than Solely Scheduled Service. If Trane', services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply- (a) Required restoration shall be performed by Customer a[ its cos[ prior [o Trane being obligated to perform hereundeq (b) any changes, adjusn—ots, service or repairs made to the Equipment by any party other than Trane, unless approved by Trane in writing, may, at Trane', option, terminate Trane', obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fee shall be made; and (c) Customer shall (i) promptly notify Tone of any unusual performance of Equipment; (fi) permit only Trane personnel to repair or adjust Equipment and/or controls during the Term; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable upera ting manuals and recommended procedures. 16. General. ex To the mnximum tern provided by law, this Agreement is made and shall be in and enforced in accordance with the laws of the state or province in which work is performed. This Agreement wntains all of the agreements, representations and understandings of the parties and supersedes all pre understandings, eommiunents or agreements, oral or written, related to the subject matter hereof. If any part of [his Agreement is deemed to be unlawful, invalid, void or otherwise unenforceable, the rights and obligations of the parties shall be reduced only to the extent required to remove the invalidity or unenf—e—bility. Customer may not assign, transfeq or convey this Agreement, or any part hereof, without the written consent of Trane. Subject to the foregoing, this Agreement benefit of the parties hereto and their permitted successors and assigns. Except as provided for Service Fee adjustments, no modifications, additions or changes may be made to this Agreement except m a writing signed by both parties. This Agreement may be executed in several counterparts, each of which when exuuted shall be deemed to be an original, but all together shall wnstilute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Trane reserves the right to change the terms and conditions herein at any time upon written notice to Customer provided at least thirty days prior to the effective date ofsuch changes. 17. Equal Employment Opportunity/Affirmative Action Cl,,,,. Trane is a federal contractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60- 741; and 38 U-S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial IT,... Rights Codes and employment law in Canada. 18. U.S. Government Work. The following provision applies only to direct sales by Trane to the US Govemme or The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particulaq Trane agrees to be bound only by those Federal contracting clauses that apply to "commercial^ suppliers and that are contained in FAR 52.212- 5(e)(1). Trane complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Trane to the US Government As a Commercial Item Sob cuntrae too, Trane accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Govemment contract, Customer certifies that it has provided and will provide current, accurate, and complete mformatioq representations and certifications to all g—romenr officials, in but out limited to the wntrac[ing officer and officials of the Small Business Administration, on all matters related to the prime wntract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Trane will have no obligations to Ce,temer unless and until Customer provides Trane with a tme, correct and complete executed copy of the prime contract. Upon request, Customer will provide copie to T—e of .11 requested wntten communications with any gove mment official related to the prime ,ntract prior to or cone—em with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibihry or performance of [he prime contract. Customer will obtain written authorization and approval from Trane prior to providing any government official any information about Trane's performance of the work [bar is the subject of [his offer or agreement, other than this written offer or agreement_ 1-26.130-7 (0208) Supersedes 1-26.130-7(0108) End of the Agreement N - - 0(va -(AK- CERTIFICATE OF INSURANCE CERTIFICATE NUMBER 208292 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS PRODUCER Marsh USA, Inc UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1166 Avenue Of the Americas New York NY 10036 _ �fn ` 9! 1 �W! — S PM 3 P IES DESCRIBED HEREIN. N V ATTN: Sharon. E.Smith@Marsh.com COMPANY A: National Union Fire Insurance Company of Pittsburgh, PA ANY B: The Travelers Indemnity Company of America / 212-948-8912 (fax) _ __ CITY --'{ INSURED L r ti f'•. t1 �NIPANY C: Travelers Property Casualty Company of America ATTN: FINANCIAL MANAGER Trane U.S. Inc. Elba Southern California Trane 17760 Rowland Street City of Industry, California 91748 United States COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY LIMITS LTR DATE (MM/DD/YY) EXPIRATION A GENERAL LIABILITY GL 7146259 4/17/2010 4/17/2011 GENERAL AGGREGATE $7 500 000.00 PRODUCTS - COMP/OP AGG $] 50O 000.00 X COMMERCIAL GENERAL CLAIMS MADE lx:l CCCU PERSONAL 8 ADV INJURY $7.500.000. 00 EACH OCCURRENCE $S, OOQOOO.00 OWNER'S 8 CONTRACTOR'S FIRE DAMAGE (Any ona fra) _ $1 ,000,000.00 MED EXP (Any ona parson) $1 O 000.00 A AUTOMOBILE LIABILITY CA 9727036 (AOS) 4/17/2010 4/17/2011 COMBINED SINGLE LIMIT $2,000.000.00 A 3C ANY AUTO CA 9727036 (VA) 4/17/2010 4/17/2011 A _ ALLOWED AUTOS CA 9727034 (MA) 4/17/2010 4/17/2011 BODILY INJURY (Per person) SCHEDULED AUTOS BODILY INJURY (Per accitlant) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE X PHYSICAL DAMAGE/SELF INS. APYxov�� AS To F u --- GARAGE LIABILITY - AUTO ONLY - EA ACCIDENT ANY AUTO ` --- _ OTHER THAN AUTO ONLY �L3L I]ct:.dy EACH ACCIDENT Laura AGGREGATE EXCESS LIABILITY EACH OCCURRENCE AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM El WORKERS COMPENSATION AND TC2HUB-7434L1OA-1O (ADS) 4/17/201 O 4/17/2011 X u EL EACH ACCIDENT 3 000 000.00 B C C EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL OFFICERS ARE: EXC TC2H--UB-7434L448-10 (MN) TRJ-UB-7434L424-10 (AZ,MA,OR,WI) TWXJ-UB-7434L45A-10 OH Excess ( ) 4/1 7/20 1O 4/17/2010 4/17/2010 4/17/2011 4/17/2011 4/17/2011 EL DISEASE -POLICY LIMIT $3 000 000.00 EL DISEASE -EACH $3 OOO OOO.00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAYBE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Please see page 2 for additional information. CERTIFICATE HOLDER CANCELLATION Cityof Santa Ana SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER 20 Civic Center Plaza NAMED HEREIN. P.O. Box 1988 Santa Ana, Ca 92702 United States Marsh USA, Inc. BY: D—itl Kong VALID AS OF: 4/12/2010 CERTIF ADDITIONAL INFORMATION 208292 ATE NUMBER PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA, Inc eAvenue of the Americas New New York NY 10036 ATTN: Sharon.E.Smith@Marsh.com / 212-948-8912 (fax) INSURED ATTN: FINANCIAL MANAGER Trane U.S. Inc. dba Southern California Trane 17760 Rowland Street -- -- City of Industry. California 91748 United States DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) City of Santa Ana , it's officers, employees, agents, and representative are included as additional insured, but only to the extent of the named insured's negligence, and pursuant to the Automobile Policy referenced above. City of Santa Ana , it's officers, employees, agents, and representative are included as additional insured, but only to the extent of the named insured's negligence, and pursuant to the applicable Additional Insured endorsement of the General Liability policy referenced above. The above referenced policies shall be considered primary and non-contributory to that maintained by the certificate holder. Job Description: Job Maintenance CERTIFICATE HOLDER City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, Ca 92702 United States POLICY NUMBER: GL 714-62-59 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART E-Yrl.' 1 =1 b1§1014 Name Of Additional Insured Person(s) Or Organ izations Locations Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT/AGREEMENT AS REQUIRED BY WRITTEN CONTRACT/AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 E3 POLICY NUMBER: GL 714-62-59 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Opera - tions ANY ADDITIONAL INSURED PERSON(S) OR IF ANY ORGANIZATION(S) WHERE REQUIRED TO PROVIDE SUCH COVERAGE BY WRITTEN CONTRACT OR WRITTEN AGREEMENT AND THEN ONLY FOR THE PERIOD OF TIME REQUIRED BY THE CONTRACT AND IN NO EVENT BEYOND THE EXPIRATION DATE OF THE POLICY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/1 7/201O forms a part of Policy No. GL 714-62-59 issued to INGERSOLL-RAND COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative 74434 (1 0/99) Sheedy, Laura From: Smith, Sharon (Marsh) (Sharon. E.Smith@marsh.com] / � Sent: Monday, January 03, 2011 8:32 AM /V —(",-tJ0 06� To: Sheedy, Laura Cc: Vu, Thao Subject: RE: Trane U.S. Policy GL 7146259 Hi Laura Yes, I can confirm that Trane is part of Ingersoll Rand, all Policy documents are issued in Ingersoll's name but Trane is covered under all of them. Please let me know if you need any further assistance. Happy New Year! Sharon Smith MARSH USA Inc. 1166 Ave. of the Americas, 39th Flr. Nezo York, NY 10036 Tel 212-345-3522/Fax 212-948-8912 sharon. e. smith Qmarsh. corn From: Sheedy, Laura [ma iIto: LSheedy@santa-ana.org] Sent: Monday, January 03, 2011 11:28 AM To: Smith, Sharon (Marsh) Cc: Vu, Thao Subject: Trane U.S. Policy GL 71462S9 Ms Smith I have reviewed an insurance certificate with an additional insured endorsement naming the City of Santa Ana as additional insured. The named insured on the certificate is Trane U.S. Inc. dba Southern California Trane. The Additional Insured - Primary Insurance Endorsement indicates that policy GL 714-62-59 is issued to Ingersoll-Rand Company. Can you confirm that the primary endorsement covers the commercial general liability policy naming Trane U.S.? Thank you Laura Sheedy Assistant City Attorney Santa Ana 714-647-5201 This email is confidential and may be subject to attorney -client and/or work product privileges. This email is intended for the addressee only. 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