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HomeMy WebLinkAboutTrane Inc. 1City 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- AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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). Call 647-1520 if you have any questions. The agreement with Trane Inc. COTC Office Use Only CITY OF a "s CUEGrr 0 No. A-2003-125 was completed on 6-30-04 and final payment has been made. (List all amendments. Use space below if needed.) Department: Finance -Building Maintenance Phone/Ext.: 5008 Signature: v Date:®%s-- Revised 1431-12 `INSIfRAN'�E _ ON FILE CEPQS WORK MAY PROCEEDm5 'illloy A-2003-125 CLERK OF COUNCIL DATE: y'aa-4)3 CONSULTANT AGREEMENT Fin , THIS AGREEMENT, made and entered into this /Syo� day of G4 2003 by C' and between Trane Inc., (hereinafter "Consultant"), and the City of Santa Ana, a charter city and (M municipal corporation organized and existing under the Constitution and laws of the State of 'n California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of preventative maintenance, service, repair and parts for theRoss Annex air conditioning system. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A (Service Agreement) to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $17,200.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM ,. Ov This Agreement shall commence on the date first written above and terminate c 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Finance Department and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. MEME 1►f. UMMMW Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Finance City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: 17760 Rowland Street City of Industry, California 91748 (626)913-7123 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City s use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Any terms of in this Agreement supercede any conflicting terms or conditions contained within any exhibits attached hereto and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: r S. 0 PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: U Mike Vigliotta Deputy City Attorney FOR APPROVAL: zzdzdw� ck ciloma Executive D rector of the Finance Department CITY OF SANTA ANA ozoe' DAVID N. AM City Manager CONSULTANT Title: eB� 'c-vJt-X— MhWcf' Employer ID # or Individual SS # EXHIBIT A TRAME' Customer Address: CITY OF SANTA ANA 20 Civic Center Plaza, M-11 Santa Ana, California 92702 Attention: Mario Ghizzi Eauipment to be Serviced. Intellipak Rooftop w/Tracer Control Interface Intellipak Rooftop w/Tracer Control Interface Intellipak Rooftop w/Tracer Control Interface Service Agreement Equipment Address: ROSS ANNEX BLDG M-11 Model # Serial # SXBFC7540R J98M74494 SXHFC754OR J98M74495 SXBFC7540R J98M74496 Maintenance Summary Annual service on all listed equipment per attached scope of work ■ (3) Operational inspections ` ■ Preferred customer status, with normal 2-hour, or less,"Emergency dispatching, 24 hours/day Term �L / ADS—�iv�'3o� The term of this agreement shall be for 1-year effective Either party may terminate this agreement by giving written notice to the other party at least 30 days prior to the end of the term. Option 1 Add an additional $ 1,200.00 for coil cleaning to be performed at annual service Price Option 1 excluded The first year price shall be $ 4,576.00 including tax, payable at $1,144.00 per quarter. Initial here for acceptance: Option 1 included The first year price shall be $ 5,776.00 including tax, payable at $1,444.00 per quarter. Initial here for acceptance: Emergency Service Trane will respond to all emergency calls in 2-hours or less. Diagnostic and adjustment service hnd repair labor shall be billed separately at normal hourly rates. Parts Trane will only repair or replace any component that fails, with the approval of the Customer. All parts required beyond those used for maintenance services provided, are billed separately. Acceptance: Please sign and return one copy. Purchase Order # Date Signature Title Enc. Scope, T R C's For Southern California Trane Service: Date Signature Dan Wic _ Title EBS Acc a er Proposal DJW3.116SC EXHIBIT I `4 ROOFTOP PACKAGED DX UNITS ANNUAL SERVICING Check all Operating Pressures 1. Suction pressure. 2. Discharge pressure. 3. Oil pressure. Check all Operating AMPS 1. Compressor motor. 2. Evaporator fan motor. 3. Condenser fan motor. 4. Return air motor. Lubrication Svstem 1. Oil level. 2. Check oil for acid. r- - 3. Lubrication of all bearings as required. Refrigerant Circuit - 1. Refrigerant charge check. 2. Leak check system. Safety Controls 1. High head pressure control. 2, Oil failure control, Operating Controls 1. Check and adjust all operating controls as necessary. Compressor Motor 1. Meg compressor motor. 2. Tighten terminals. 3. Check motor leads. Condenser System 1. Check for heat transfer. 2. Check belts if required. 3. Check cooling tower as required. Evaporator System 1. Check super heat. 2. Check condensate drainage. Filter System 1. Check air filter conditions. Heating Section 1. Check as required. Operating Log 1. Run operating log with building engineer. 2. Review previous logs. Report to Owner and/or Operator 1. Advise additional service & operational recommendations. Run and Start Readings OPERATIONAL INSPECTIONS (quantity as noted) Check all Operating Pressures 1. Suction pressure. 2. Discharge pressure. 3. Oil pressure. Check all Operating AMPS ` 1. Compressor motor. 2. Evaporator fan motor. 3. Condenser fan motor. 4. Return air motor. Lubrication Svstem 1. Oil level. Refrigerant Circuit 1. Refrigerant charge check. Evaporator Section 1. Check condensate pan for drainage. Filter Section 1. Check air filter conditions. Condenser System 1. Check belts as required. Operating Log 1. Run operating log with building engineer. 2. Review previous logs. Report to Owner and/or Operator 1. Advise additional service & operational recommendations. Run and Start Meter Reading Preventive Maintenance Terms and Conditions: 1. Customer agrees to promptly notify us of any unusual conditions of the subject equipment. 2. Customer agrees not to move or relocate equipment from location listed on page I without written consent of Southern Califomia Trane Service ("the Company"). In the event customer fails to obtain such consent, the Company, at its option, may cancel this entire agreement or refuse to service the equipment so moved or relocated. 3. Customer agrees to permit our personnel the use of common building maintenance tools, such as ladders, etc. 4. If the equipment requires the use of water, either recirculated or otherwise, the water thus used may be contaminated, or cause corrosion. As neither the extent or nature of such contamination or corrosion can be predicted in advance, the customer hereby releases the Company from any liability on account of such contamination or corrosion. The use of water treatment where applicable is strongly recommended to inhibit contamination and corrosion, but is not a part of this agreement unless under supplementary service. 5. This contract shall not be valid unless duly executed by an -officer or authorized representative of the Company, 6. The customer cannot assign or transfer this contract without the prior written consent of the Company. 7, The Company, at its option, may terminate this agreement if any unauthorized changes, adjustments or repairs are made by - others. ` S. The Company has the sole option of eliminating from thmcontract at any time, any piece of equipment it finds to.be economically unsound for further service or repairs. 9. The Company shall not be required to furnish any equipment, labor, or special tests as recohimended or required.by insurance companies or government authorities. 10. Calls resulting from failure to operate the systems in accordance with recommended procedures are not included and shall be paid for in accordance with br normal rate schedule. 11. This agreement applies to the equipment enumerated on the equipment list and not to fixtures in which they are contained. This agreement does not include.repairs made necessary as a result of fire, water, accident, corrosion, negligence, acts of God, labor disputes, freeze -ups of any kind, Repairs or replacements caused by negligence arc not covered. If repairs or adjustments require any alterations or additions to structure or property, the customer will obtain written consent of building owners prior to the performance of such work.. .. 12. The Company shall not be liable for any loss, damage, contingent liability or consequential damage due to non -operation of equipment or damage to property or personal injury caused by equipment. - - 13. Excluded from service and maintenance are the following: Water supply and drain beyond the subject equipment proper, electrical service beyond the subject equipment, disconnect switch (control wiring excepted), moving or relocating the subject equipment, repair due t freezing, recording or portable instruments, gauges or thermometers, cleaning of water towers, cleaning of tubes on more than annual basis. 14. The Company shall not be responsible for any delay or failure to render the services or to make delivery of any merchandise as set forth herein due to federal, State, or Municipal actions or regulations, strikes or other labor troubles, fines, embargos, accidents, war, or any other causes or circumstances beyond the control of the Company.. Upon removal of the cause of such failure or interruption, performance shall be resumed pursuant to the terms as set forth herein. 15. Charges are due and payable Net 30 days from receipt of invoice, The customer agrees to make payments when due until the contact price is paid. At the option of the Company, no service shall 'be rendered to any subscriber in default of payments. 16. Should a dispute arise relating to this agreement, it shall be decided under rules of the American Arbitration Association. . The arbitration shall occur in Los Angeles County, California and the prevailing party shall, in addition to any award, be entitled to attorney's fees and costs. 17. This contract shall be governed by and construed under laws of the State of California. 18. This Agreement contains the entire agreement between the parties and supersedes any other oral or written agreement. This Agreement may only be changed in writing, signed by the parties. 19. Customer to provide adequate water treatment to protect the tubes, tube sheets, water boxes and equipment water side from scale and fouling. SCTS is not responsible for scale, corrosion, tube fouling or tube or equipment damage caused by or from water side related conditions or failures. 20. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. - Any questions concerning a contractor may be referred to: Registrar, Contractor's State License Board P. 0. Box 26000 Sacramento, CA 95826 Our Contractor's license number is 541821 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 05/,13/2004 07:32 FAX 626 913 7923 SERVICE DEPT Z 002 Y•�'� - CERTIFICATE NUMBER MARSH C�RTIF Cr4 E OIF tt SUFiANEE:, .' NYc•00197162e02 PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY All CONFERS Marsh USA, Inc. NO RI "UPON THE CERTIFICATE HOLDER OTHER THAN NOSE PROVIDED IN THE 1166 Avenue of Americas POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE New York, NY 10036 aFFOME08Y THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE cOMPAJvr 20725•-CASUA-04-05 COIND A AMERICAN HOME ASSURANCE COMPANY INSURED COMPANY SOUTHERN CALIFORNIA TRANE SERVICES B TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA DIY. OF AMERICAN STANDARD 17760 ROW LAND STREET COMPANY CITY OF INDUSTRY, CA 91748 C THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT PANY k ^a003- 1. AND THE TRAVELERS INDEMNITY COMPANY COVERAGES This GerDflcate supersedes anC4eplacea ar y-preeously issued certlflcElte fQ� the pO icypedod rested below. 8 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED 14AMED HEREIN FOR THE POLCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WM RESPECT TO'WHICH ➢!E CERTIFICATE MAYBE ISSCED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES CESCRIBED HEREIN IS 9013:ECT TO ALL THE TERNS. CONDITICNS AND EXCLUSIONS OF SUCH POUCIES. AGGREOATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTAco TYPE Di INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (NWDDRI) POLICY EXPIRATIONi DATE(MMICONY) LIMITS A GENERAL LIABILITY 'GL 3596230 04/0 VO4 04,'01/05 C-NEPA'-AGGREGA= S 5,000,000 PRODUCTS - COMNOP AGO S 12,000,000 X COMMERCIA- GENERAL LIABILITY CLAIMS MADE Ixj OCCUR PERSONAL S ADV INJURY $ 2.000,000 EACH OCCURRENCE E 2,00010OO OWNER'S S CONTRACTOR'S PROT FIRS DAMAGE (my ore Sa Is 2,000,000 E s 5.000 B oL1000E Uae LI TC2JCAP-164T8811-04 ADS O4101104 i 04/01/OS -MEDUPIA,DrE COMBINED SINGLE LIM.T $ 5,000,000 f �—T ANY AUTO ALL OWNED AUTCS SCHECULEOAUTOS TC2ECAP-165T3600-04 TX 04/01/04 i 04/01/05 BODILY INJURY (PErpenu( I$ EDGILY INJURY (?e uGOxtl; $ HIREDAUiCS NON.OW,%EDA'JTOS PROPERTY DAMAGE Is GARAGE LIABILITY ��, / _ AUTO ONLY - EA ACCIDENT IS ANY AUTO �.� ' //' . YEACH I./ OTHER THAN AUTO ONLY. AGCIDEe4r _ I $ dOGREGATE $ E%CES$LIABILITY I EACHOCCURRENCE $ A03REGA'E $ LMBRE-LA FORM I $ OTHER THAN'JMBRELLA FORV D B WORKEEMPLOY SC LIASIL A NANO ERIPLOYER9'LIABILITY TC2KUB-204T6834-04 04/01104 ITRJUB-169T4514-04 04/01/04 I04/01/05 104/01/0$ X V0IS-A �R-1_ EL EACHACC.DEHT $ 2000,000 EL DISFASE.PouCY UMr 5 2,000,000 E THE PRCPRIETCw INCL PART`IERSIEXECUTVE OFF'.DERS ARE: EXCL ITC2HUB-218TI417-04 04/01/04 104/01/05 EL CISEASEFACR EMPLOYEE S 2,000,000 0 HER DESCRIPTION OF OPERATIONS/LOCATIONSIVEXICLESISPECIAL ITEMS THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED, BUT ONLY TO THE EXTENT OF THE NAMED INSURED'S NEGLIGENCE. A WAIVER OF SUBROGATION TO THE: EXTENT OF TRANE'S NEGLIGENCE IS EXTENDED TO THE ADDITIONAL INSUREDS. CERTIFICATE HOLDER F '- SHOULD AA. C' i aOLGE!3 CES2413:O H 2N BE CA.VCELEC a-°CRE `r E%:IRA'CN DATE THERE:F. THE NIVAER MF03CNO COVERHi? wIA Estrus NAL An DAYS WRITTEN NOTICE TO T!E CITY OF SANTA ANA 20 CIVIC CENTER PLAZA CERTFGA- H-.ADER HAWED HIPS it P.O. BOX 1988 D%BR17XE%A"XNCX�K6 . SANTA ANA, CA 92702 NEEEA#tl%MX%XXNMW1SX704%%J00 MARSH USA INC. BY: Robert A. Mauaro )p+r--�`4•�`�yy-v -- - 14 y _ MMT(3/02) : , `,, r-.: � VALID AS OF; 05104/04 .. ... 05/13/2004 07:33 FAA 626 913 7923 SERVICE DEPT Z 004 POLICY NUMBER: GL 3598230 COMMERCIAL GENERAL LIABILITY DATE: 5/4/04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE?3) IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: CONLMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of person or organization: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 The City of Santa Ana, its officers, employees, agents and representatives are included as additional insureds to the extent of Trane's negligence. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to included as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that such insurance as is afforded by this policy for the benefit of the additional insureds shown above shall be primary insurance, but only as respects to any claims, loss or liability arising out of the named insured operations, and any insurance maintained by the additional insured shall be non-contributing. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 05/Al/2005 09:51 FAX 626 91371.53 TRANE CO Q 002 Yl * CERTIFICATE NUMBER .. PRODUCER 121931 THISl',�1ilY: RIGNT6 IS BELIED E A MATTER OF INFORMATION ONLY AND COFFERS THIS UPO THE CERTIFICATE HOLDER OTTER THAN THOSE PROVIDED THE THIS UPONTHETEDOM Marsh, Inc. 1166 Avenue of the Ame11Ca5 NTE G ORDER. CERTIFICATE OOE9 NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. New York NY 10036 Telephone (212) 345-6000 COMPANIES AFFORDING COVERAGE COMPANY A Amedcen Horne, Assurance Company INSURED COMPANY B: National Union Fire Insurance Company of Pittsburgh. FA ATTN. FINANCIAL MANAGER Trane, a division of American Standard Inc. COMPANY C: The Travelers Indemnity Company 17760 Rowland Street City of Industry, CA 91748 COMPANY D: The Trevelm Indemnity Company of America United States .;d TAB IS TO CERTIFY MATTIE POUCIESOF WEURANCE DESCRIBED HEREIN HAVE BEEN ISSUEDTO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REGUIRMENTS, TERM OR CONDITION OFANY CONTRACTOR OTHER GOCUMENT VOTHI RESPECT TOPAYCH THE CERTIFICATE MAY SE ISSUED OR MAY PERrAW, THE INSURAN'2 AFFORDED BY THE POLICIES LISTED HEREIN 15 SUBJECT TOALLTHE TERMS, CONDITIONS AND, EXCLI19KNa9 OF, SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAII) CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE OATEtMM1D m) POLICY E%PIMTIQ CATS millmorm UMTTS A OENBIAL I-IA6am GL 3829190 4/1I2005 41112006- GENERALAGGREGATE $5,DIX1,000.00 PRODUCTS-COMPJOP A00 $12,00(I,000.00 X COMMERCIAL GENEMLLWBILITY PERSONAL B ADV INJURY $2,000,000.00 CLAIMS MADE OCCUR OWNER'SBCONTRACTORS PROT EACH OCCURRENCE $2,000,000.00 FIRE DAMAGE (My om Bra) $2,0011,000.00 MED E%P(MYmP Parton) $26,000:00 F E All X MOBILELUBWTY ANY AUTO TC2JCAP-164T8511-05AOS TC2ECAP-165T3600.05 TX 4/i/2005 4/1/2005 4/112006 4/1/2006 COMBINED SINGLE LIMIT $5,000,000.00 BODILY INJURY (PM ninon) PiLOWEO AUTOS SCHEOULEOAMOS BODILY INJURY (Par "cki 0 HIRED AUTOS NCIvO"EDAUTOS PROPERTY DAMMJE GARAGELIABIUTY AUTO ONLY-EAACCIDENT ANY AUTO OTHER MAN AUTO ONLY EACHACCIDENT AGGREGATE EXCESS LIABILITY EACHOCCURRENCE AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM (] WORKERS COMPENSATION AND TC2HUB-218T1417-05 4/10005 4(1/2006 X L"`rt"""P"' l'. EMPLOYERS' LIABILITY TC2KUB-204716834-05 4/1/2005 4/1/2008 ELEACHACCIOENT $2,OQ11,000.00 F IF THE PROPRIETOR! OFFICERSARE: ERSIE%ECUTIVE INCL OFFICE)TCL TWXJUB-26ST5633-05 TPJU9-169T4514-05 4/1/2005 411=05 4/1/2006 4/11/2006 W EL DISEASE -POLICY IT $2,0011,000.00 EL DISEASE -EACH EMPLOYEt $2,0011,000.00 OMER DMCRIPTION OF, OPERATgNSM1OCAT10NE1VEHNCLE818PECU.LREHAB ILMTTS MAY BE SUBJECT TOOEOUCIIBLES 09 RETENTIONS) Please See page 2 for additional ildotmaliDn. City of Santa Ana 20 Civic Center Plaza SHOULD ANY OF THE MUCIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL MAIL b DAYS WRITTEN JOTICE i THE CERTIFICATE HOLDER NAMED HEREIN. P.O Box 1988 Santa Ana Ca 92702 MA SA 6Y: MRmn) 10—� 05/11/2005 09:52 FAX 626 9137153 TRANE CO U 003