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HomeMy WebLinkAboutJOHNSON CONTROLS 3B-2009IIVSURANGE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES iC--i /C CLERK OF COUNCIL DATE: > J AiV ;? Q 20 }}~ Ghiz~ r SECOND AMENDMENT TO AGREEMENT N-2008-004-02 THIS SECOND AMENDMENT TO AGREEMENT is entered into on December 10, 2009, by and between Johnson Controls, a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement N-2008-004 dated November 26, 2007, (hereinafter "said Agreement") by which Contractor has provided HVAC maintenance and repair services. B. Said Agreement has been amended to extend the term and add compensation. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to again extend the term and add compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1. SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "a. Contractor shall provide parts and repair to the HVAC system at the Police Administration and Detention facility, as set forth in Exhibit A, attached hereto and incorporated by reference. b. Contractor shall provide preventive maintenance services for the York Chiller located. at the Santa Ana Regional Transportation Center (SARTC), as set forth in Exhibit A _, attached hereto and incorporated by this reference. c. Additional services, consultation and training may be provided upon the written authorization of the Executive Director of Finance and Management Services. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Contractor agrees to accept as total payment for its services an annual Planned Service Agreement fee of $2,742.00, for the chiller located at SARTC. Additionally, Contractor shall charge the on-call rates identified in Exhibit A ,attached hereto, when requested to make a service call. The total sum to be expended under this Agreement shall not exceed $25,000.00, annually, during the term of this Agreement." 3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on November 26, 2007 and terminate on December 31, 2010, unless terminated earlier in accordance with Section 12, below." 4. Except at herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Contractor Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: MARIA R. HUIZAR~ Clerk of the Council r 3L. DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~' , Bye xt- ~ ek. L r~a Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ _w`^' Executive Director Finance and Management Services Agency JOHNSON CONTROLS ~l ~ (NAME) (Title) Scott Meeker Metro General Manager EXHIBIT A SCOPE OF SERVICES 1. Contractor shall provide emergency maintenance and repair of the HVAC system at the Santa Ana Police Administration and Detention Facility on an on-call basis. Contractor will also provide consultation and training, as requested by the Executive Director of Finance and Management Services or his designated representative. The current repair labor rate for maintenance and consultation is $150/hour during normal business hours (lam to Spm) and $225/hour for after hours work. In addition, Contractor shall provide JCI parts at 50% off of list price. Training shall be invoiced per Contractor's current catalog rate. 2. Contractor shall provide preventive maintenance for the air cooled chillers located at the SARTC. Said cooler is tag # ACSCHLR-MED/0001. Contractor will conduct three (3) Operational maintenance visits and one (1) Comprehensive maintenance visit, per year. Additionally, Contractor will provide Coil Cleaning and Leak Check maintenance at the Premium service level once annually. Said preventive maintenance shall include all of the following: Chiller, Air Cooled Screw Operational _ Check with appropriate customer representative for operational deficiencies. _ Check system pressures and temperatures. _ Check refrigerant charge. _ Check compressor oil level(s). _ Visually inspect starter. _ Check crankcase heater. _ Visually inspect for refrigerant and oil leaks. _ Check condition of condenser coils. _ Check condenser fan blades and motors. _ Check for proper condenser fan rotation. _ Check for unusual noise and vibration. _ Check overall condition of unit. _ Clean area around equipment. Complete any required maintenance checklists, report observations to appropriate customer representative. Comprehensive Check with appropriate customer representative for operational deficiencies. _ Check compressor oil level(s). _ Change oil filter(s). _ Inspect starter. _ Check oil heater. _ Meg ohm test compressor motor(s). _ Conduct refrigerant leak test. _ Check and tighten electrical connections. _ Check safeties. _ Check operating controls. _ Check contactor(s). _ Check condition of condenser coils. _ Check condenser fan blades and motors. _ Check for proper condenser fan rotation. _ Check for unusual noise and vibration. _ Check overall condition of unit. _ Clean area around equipment. _ Complete any required maintenance checklists, report observations to appropriate customer representative. Condenser Coil Cleaning _ Rinse coil(s) thoroughly with water. Clean area around equipment. ? - aoo g - cA4 - oa- '`??OR°? CERTIFICATE OF LIABILITY INSURANCE DAT /1s o 0 9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION _ _ Marsh USA Inc. 20t'? SEP 29 PM I= I ? ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 411 East Wisconsin Avenue Suite 161X) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Milwaukee, wl 53202-4419 //++ f-, -_- - ,1 /? Attn: CPU Phones (414) 290912 Fax (414) 290-4953{ r ? T Y U ? (? A ? ? 'SEE REVERSE FOR AM BEST RATING N I , . CPU MilwaukeefNmarsM1.com tv - ?? I INSURERS AFFORDING COVERAGE A C # sEE REVERSE INSURED ?? ? ? Johnson Controls, Inc. Attn: Corp Risk Mgmt. X-92 INSURER A: SEE REVERSE SIDE FOR INFORMATION JohnSOn Controls Battery Group, Inc. P.O. Box 591 Johnson Controls Interiors, L.L.C. Milwaukee, WI 53201 INSURER B: SEE REVERSE SIDE FOR INFORMATION JCIM US LLC Cal-Air, Inc. INSURER C: SEE REVERSE SIDE FOR INFORMATION GES America, L.L.C. Metro Mechanical Inc. Optima Batteries, Inc. INSURER D: SEE REVERSE SIDE FOR INFORMATION USI Real Estate Brokerage Services Inc. York International Cor oration INSURER E: :OVE 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 RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR OD'L POLICY POLICY LTR NSRD TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE LATE MM/DD MM/DD/W A GENERAL LIABILITY (1) (3) (4) H D OG 25521 390 1 O/ 1 /201 O 1 O/1 /201 1 EACH OCC UR ENCE $ S,000,OOO ® COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED $ rj 000 000 PREMISES Ea occurrence , OO CLAIMS MADE ® OCCUR ? MED EXP (Any one person) $ j0,000 ® Contractual ® PERSONAL 8 ADV INJURY $ $,000,000 x,c,u ' P GENERAL AGGREGATE $ 5.000.000 GEN PLIES PER: L AGGREGATE LIMIT A PRODUCTS -COMP/OP AGG $ S,000,OOO POLICY PROJECT LOC B AUTOMOBILE LIABILITY (2) (3) (4) 90-04606-O1 10/1/2010 10/1/2011 COMBINED SINGLE LIMIT 000 000 $5 ® ANY AUTO (Eagccitl¢nt) . , O ALL OWNED AUTOS BODILY INJURY Q SCHEDULED AUTOS (Per person) $ ® HIRED AUTOS BODILY INJURY $ (Per accitlen[) ® NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ O ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ D EXCESS/UMBRELLA LIABILITY XOO G2682785r 1U/1 /2D1U 1U/1/2011 EACH OCCURRENCE $ 6,000,000 ® OCCUR O CLAIMS MADE J AGGREGATE $ S,000,OOO $ Q DEDUCTIBLE $ Q RETENTION $ WORKERS COMPENSATION AND W LRC4614014A - AOS ® WC sTATU- O OTH- C EMPLOYERS' LIABILITY (4) W LRC4614O126 - CA 1 O/1 /201 O 1 O/1 /201 1 TORY LIMITS ER ANY PROPRIETOR/PARTNER/E%ECVTIVE SCFC46140151 - WI EL EACH ACCIDENT $ 1,000,000 OFFICEWMEMBER EXCL UDF.O? Q Y/N M tl t I NH WCUC4614O17S - EX WC E.L. DISEASE- EA EMPLOYEE $ 1,000,000 ( an a ory n ) WCUC46140163 - EX WC FL If yes, describe under E-L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER (1) ADDITIONAL INSURED: If requir¢d by contract, includes coverage for Additional Insureds per attest M1ed endorsement. (2) ADDITIONAL INSURED: If req ufretl by contract, Includes coverage for Additional Insureds and Loss Payees as requlretl by contract (3) PRIMARY COVERAGE: WM1ara raqul red by lease o ontract, [M1ls c raga Is primary and no[ ¢xcass of or contributing wl[M1 otM1¢r insurances or sell-Insurance c 4 WAIVER OF SUBROGATION: Insured waives subro atlon [o [M1e extant r ulrad b ontract DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES / E%CLDSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS JCI Contract No. JCI Projac[ Nama:All work performed by abov¢ insur¢d Customer PO Number: CERTIFICATE HOLDER A UAT2 (IV F.T7 A R 'TO FORM CANCELLATION City of Santa Ana /? SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Building Maintenance M-11 C EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL GND6.4?VGiiZC 20 CIVIC Center Pala MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RYi Basemen[ / I' S L Sheedy Santa Ana, CA 92701- aura A SS1Sta IIt 1Cy AttOrlley gUTHORIZED REPRESENTATIVE Ot MARSH USA INC. ACORD 25 (2009/01) ©ACORD CORPORATION 1988 POLICY NUMBER= HDOG25521390 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons Or Or anization s : If required by contractI City of Santa Ana Location(s) Of Covered Operations As required by contract, All work performed by above insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. Your acts or omissions; or 1 . All work, including materials, parts or equipment Endorsement #A2 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -NAMED INSURED'S ACTS OR OMISSIONS ONLY A. Section II -Who is An Insured is amended to B. With respect to the insurance afforded to these additional include as an additional insured the person(s) or insureds, the following additional exclusions apply: organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or This insurance does not apply to "bodily injury" or "personal and advertising injury" caused solely by: "property damage" occurring after: furnished in connection with such work, on the 2. The acts or omissions of those acting on your behalf; project (other than service, maintenance or repairs) to be performed by or on behalf of the additional in the performance of your ongoing operations for the insureds) at the location of the covered operations additional insureds) at the location(s) designated above. has been completed; or " " out of which the injury or 2. That portion of your work damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same ro"ect. Endorsement #A2A ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS - NAMED INSURED'S ACTS OR OMISSIONS ONLY Section 11 -Who Is An Insured is amended to inclutle 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 solely 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." Named Insured Johnson Controls, Inc. Endorsement Number A4 Policy Symbol Policy Numbe Policy Period Effective Date of Endorsement HDO 625521390 10/01/10 to 10/01/11 10/01/10 Issued By (Name of Insurance Company) ACE American Insurance Com an THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE WHERE REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE FORM Section IV -Commercial General Liability Conditions -Item 4. Other Insurance is replaced with the following: a. Excess Insurance If other collectible insurance with any other insurer is available to the insured and that other insurance covers a loss also covered by this policy, the insurance provided by this policy shall apply excess of and shall not contribute with such other insurance. Excess insurance over the limits of liability in this policy does not prejudice this insurance and the existence of such insurance shall not reduce any liability under this policy. b. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributions by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. c. Primary Where Required by Contract or Agreement This policy will apply as primary insurance and will not contribute or share with other primary insurance, where required by contract or agreement entered into by the Named Insured. CC-'IE'15 Ptd. In U.S.A. Workers' Compensation and Employers' Liability Policy Named Insured: Johnson Controls, Inc. Endorsement Number: AA Policy Number: W LRC4614014A - AOS WLRC46140126 - CA SCFC46140151 - WI Policy Period:10-1-10 TO 10-1-11 Effective Date of Endorsement: 10-1-10 Issued by (Name of Insurance Company): Indemnity Insurance Company of North America and for CA and WI: ACE American Insurance Company Insert the policy number. The remainder of the information of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. Schedule Person or Organization: If required by contract, City of Santa Ana Job Description: All work performed by above insured WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS W C 00 03 1 3 We have the right to recover our payments from anyone liable for an injury covered by this po our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us_ This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENOO RSEMENT CALIFORNIA WC 99 03 22 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that required you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be -INCLUDED % of the California workers' compensation premium otherwise due on such remuneration. Copyright 1982-83, National Council on Compensation Insurance Authorized Agent Jaclclyn M Lindberg Insurance Assistant MARSH MARSH MERCER KROLL _______ GUY CARPENTER OLIVER WYMAN September 16, 20'10 City of Santa Ana Building Maintenance M-11 20 Civic Center Plaza Basement Santa Ana, CA 92701- Subject: Johnson Controls, Inc. Johnson Controls L.P. Societe De Controle Johnson Ltee. Certificate of Insurance Coverage Period -October ?, 20'10 -October 1, 20'1'1 Dear Ci[y of Santa Ana Marsh USA Inc. 41 ? E. Wisconsin Ave. Suite 1600 Milwaukee, WI 53202 Fax 414 290 4953 Cpu_milwaukee@marsh.com As Johnson Controls' insurance broker, we are providing you a certificate of insurance evidencing their insurance coverages for this coverage period. /f provided to us, the project name and your company's contract number or purchase order number are referenced on the front of the certificate in fhe Oescrintion section. /n the Other section is important information about the insurance coverages, inc/uding additiona/ insured coverage for you if required by contract. If you have any questions or require additional information, email or fax your inquiries to the address and number indicated above. IMPORTANT /f your firm does not require a certificate of insurance, p/ease O/SREGARO this letter and certificate of insurance. You may receive a certificate within the next few days that does not correct/y ref/ect your terms. That certificate is a system generated certificate and can be discarded as the certificate enclosed herein dated September 96, 2090 wi// take precedence. Sincerely, Jacklyn M Lindberg Insurance Assistant