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HomeMy WebLinkAboutAGMT - Cal-Air (Maintenance Agreement) Johnson 10 Controls 5/15/2013 Luis Estevez City of Seal Beach 211 8`"St. Seal Beach, CA 90740 Contract Continuation Notice Planned Service Agreement for: SEAL BEACH 211 8TH ST PARENT PSA 2013 Dear Luis: Thank you for choosing Johnson Controls, Inc. to service your facility. We appreciate your business and look forward to continuing our partnership. Your service agreement is set to expire on 5/31/2013. As per your request, we are prepared to extend the current services from 6/1/2013 through 10/31/2013.The price will remain the same which is$1,297.00 to be paid in monthly installments totaling$6,485.00. At Johnson Controls,our core values revolve around customer satisfaction. As part of our effort to provide you with the ultimate service experience,we survey our customers on a regular basis to obtain measurements of our performance. We strive for service excellence and work to continuously improve based on your feedback. Our customer service professionals, technicians and leaders will make every effort to: • Deliver technical-expertise and resources • Be a solid business partner • Respond quickly to your needs • Keep you informed • Be professional and committed If you do need us to reference a new signature, a different purchase order or requisition number,please sign, attach a copy of your new PO and note the PO#. If you wish to cancel our services, please notify us in writing no later than 30 days prior to the expiration date of your current agreement. We appreciate your business and remain committed to providing you with the best possible service experience. Please do not hesitate to call if we can assist you in any way. Sincerely, JOHNSON CONTROLS, INC. Norman McGrane 373 Los Angeles 12393 Slausan Ave. Whittier, CA 90606 Phone: (562)755-0546 Fax: (562)464-3299 Customer Signature: !..1/0 ®� Customer Name (print): 4,.) Ci c'M fir /A (� Customer Title: LL ,S.T 3t C,r( ititit-tW// //,re€tro2 a 7 ,Avrc 11110 riS Yes, please use the new enclosed purchase order. / PO# Additional Comments: s_p-i- Lt-Led • MAINTENANCE SERVICE AGREEMENT ADDITION BETWEEN CAL -AIR, INC., AND CITY OF SEAL BEACH This Maintenance Service Agreement Addition ( "Agreement Addition "), is made this /6, day of , 2002, by and between CAL -AIR, INC., a California Corporation having its local office/at 12393 Slauson Avenue, Whittier, CA 90606 ( "CAL- AIR "), and the City of Seal Beach, having its City Hall at 211 Eighth Street, Seal Beach, CA 90740 ( "Customer "). 1.Recitals A. CAL -AIR and Customer are concurrently entering into a Phase II Energy Services Agreement ( "Phase II Energy Services Agreement ") pursuant to which, in addition to other services CAL -AIR is procuring and installing the HVAC equipment ( "Equipment ") listed in Schedule B ( "List of Maintained Equipment ") attached hereto in the Premises of the Customer listed in Schedule A attached hereto. B. The parties desire that CAL -AIR provide the maintenance services described in this Agreement on the terms and conditions described in this Agreement. 2. SCOPE: CAL -AIR will maintain the Equipment in good condition and repair, in accordance with the manufacturers' specifications. CAL -AIR's services shall include but not be limited to the services described in Schedules C ( "Mechanical Maintenance ") and D ( "Air Filter Services "). 3. General Provisions 3.1 Price Addition: The annual price addition (i.e. in addition to the original Phase I maintenance service agreement of $ 781 monthly and/or $ 9,372 annually) for the services described herein is Two Thousand, Four Hundred and Eighty Four Dollars ($ 2,484), subject to the adjustments described below. CUSTOMER shall pay or cause to be paid to CAL -AIR the additional sum of Two Hundred and Seven Dollars ($ 207) on a monthly basis. The revised combined maintenance service agreement price is Eleven Thousand, Eight Hundred and Fifty Six Dollars ($ 11,856), subject to the adjustments described below. CUSTOMER shall pay or cause to be paid to CAL -AIR the revised sum of Nine Hundred and Eighty Eight Dollars ($ 988) on a monthly basis. CAL -AIR shall submit monthly invoices to CUSTOMER in advance for Maintenance Service to be performed during the following month and payment shall be due within twenty (20) business days after Customer's receipt of each such invoice. Payments for Maintenance Service past due more than five (5) business days shall accrue interest from the due date to the date of payment at the rate of ten percent (10 %) per annum. Of the above referenced maintenance service price, the price related to the Bolsa Chica Well Station only is Three Hundred and Forty Eight Dollars ($ 348) annually or Twenty Nine Dollars ($ 29) monthly. City of Seal Beach 1 Cal -Air, Inc. • • 3.1.1 Cost Adiustment: For each year following the first year of the Maintenance Services, CAL -A may, in its sole discretion, increase the monthly amounts charged by CAL -AIR for Maintenance Services, provided, however, that the percentage increase for any one -year period shall not exceed the percentage increase for the comparable one -year period in the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles- Anaheim - Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics, or such other government index or computation with which it is replaced. 3.1.2 In addition to the price, CUSTOMER agrees to pay any future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to transfer, use, ownership, or possession of the equipment or services covered by this Agreement. Initial appropriate tax payments have been made as part of this Agreement. 3.2 Term: The term of this Agreement shall run concurrently with the Guarantee Term defined in the Phase I Energy Services Construction Agreement, and continue from year to year thereafter until terminated; provided, however, that the Customer may terminate this Agreement at any time, with or without cause, by giving thirty (30) days' prior written notice to CAL -AIR. 3.3 Maintenance: 3.3.1 During the term of this Agreement CUSTOMER will provide access to all equipment covered by this Agreement. CAL -AIR will be free to start and stop all primary equipment incidental to the operation of the mechanical system(s) as arranged with Customer's representative. 3.3.2 Unless otherwise provided, maintenance intervals will be determined by equipment run time, application, location and CAL -AIR's computer data bank of maintenance experience and manufacturer's specifications, according to CAL -AIR's best professional judgment. 3.3.3 After each service call is completed, details from the service report will be provided to CUSTOMER. 3.3.4 CUSTOMER represents and warrants that, except as otherwise disclosed in this Agreement, to the knowledge of the City Manager, in the areas where CAL -AIR will provide services, there are no: (a) materials or substances classified as toxic or hazardous either (i) on or within the walls, floors, ceilings or other structural components, or (ii) otherwise located in the work area, including asbestos or presumed asbestos - containing materials, formaldehyde, containers or pipelines containing petroleum products or hazardous substances, etc.; (b) situations subject to special precautions or equipment required by federal, state or local health or safety regulations; or (c) unsafe working conditions. CUSTOMER shall notify CAL -AIR of any changes or updates that occur during the course of this Agreement. If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by CAL -AIR or others and provide an unsafe condition for the performance of the services, the discovery of the material, situation or condition shall constitute a cause beyond CAL -AIR's reasonable control and CAL -AIR shall have the right to delay performance of Services until the area has been made safe by CUSTOMER or Customer's representative, at Customer's expense. City of Seal Beach 2 Cal -Air, Inc. • • CUSTOMER shall indemnify and hold CAL -AIR harmless from and against any and all claims and costs of whatever nature, including but not limited to, consultants' and attorneys' fees, damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in any way result from or arise under such materials, situations or conditions, regardless of whether CUSTOMER has prenotified CAL -AIR; provided, however, that the Customer shall not be liable for claims covered by workers compensation or for damages arising from the failure of CAL -AIR or its agents or employees to follow commonly -used safety procedures or specific safety procedures specified by the Customer. This indemnification shall survive termination of this Agreement for whatever reason. 3.4 Coverage 3.4.1 It is understood that the preventive maintenance service provisions apply only to the systems and equipment included in the List of Maintained Equipment. Repair, replacement and emergency services will be (a) submitted to the CUSTOMER for pre- authorization and (b) will be charged over -and -above the then current year's maintenance service fee. Repair work identified by CAL -AIR may, at the CUSTOMER's sole discretion, be contracted to be performed by CAL -AIR or others. 3.4.2 CAL -AIR will provide a review of the services delivered under this Agreement on an annual basis. 3.4.3 CAL -AIR will provide an analysis of Customer's facilities' environmental systems equipment condition and of operating procedures on an annual basis. This analysis will include proposed program revisions and operating procedures that may be required to reduce energy consumption, minimize operating costs and accommodate changing CUSTOMER needs. 3.5 Working Hours/Emergencv Services 3.5.1 All non - emergency services under this Agreement will be performed during the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. If, for any reason, the CUSTOMER requests CAL -AIR to furnish any such labor or services outside of such regular working hours, any overtime, or other additional expense, such as repairs or material costs not included in this Agreement, occasioned thereby shall be billed to and paid by CUSTOMER as an extra. 3.5.2 CUSTOMER will promptly notify CAL -AIR of any malfunction in the system(s) which comes to Customer's attention. 3.5.3 In the event of an emergency, CAL -AIR will assess the emergency situation, either by phone or by remote system diagnostics, and will determine the required course of action with CUSTOMER. If necessary, CAL -AIR will respond on -site within four (4) hours. If an emergency service call is made, and inspection does not reveal any defect for which CAL -AIR is liable, CUSTOMER will be liable for regular charges prevailing for such service. 3.5.4 CAL -AIR will be available 24 hours a day, 7 days a week to perform emergency service. City of Seal Beach 3 Cal -Air, Inc. • • — CARD 3.6 Confidential Information 3.6.1 CUSTOMER agrees that, during the period of this Agreement, CUSTOMER or Customer's employees and agents will not, without prior written permission by CAL -AIR, disclose any manuals or data relative to this Agreement to any organization or individual, and will treat all information provided as proprietary, except as may be otherwise required by law. 3.7 Assignment and Delegation 3.7.1 CUSTOMER may not assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of CAL -AIR. CAL -AIR may assign its right to receive payment to a third party as security, but may not otherwise assign its rights or obligations under this Agreement. 3.8 Warranties and Limitation of Liability It is agreed that, in providing the system or services included in this Agreement, CAL -AIR is not an insurer, and does not guarantee that no damage or injury to persons or property will occur. CAL -AIR will replace or repair any product provided under this Agreement that fails within the guarantee period (one year) because of defective workmanship or materials. The failure must not result from CUSTOMER negligence, or from fire, lightning, water damage, etc. This warranty applies to both CAL -AIR- manufactured and outside - purchased (for resale) products. The warranty effective date is the date of CUSTOMER acceptance or the date CUSTOMER begins to receive beneficial use of the product, whichever comes first. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND CAL -AIR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. CAL -AIR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH. CAL -AIR will not be liable for damages caused by delay in installation or interrupted service due to fire, flood, corrosive substances in the air, strike, lockout, disputes with workmen, inability to obtain material or services, commotion, war, acts of God such as lightning, or any other cause beyond CAL -AIR's reasonable control. 3.9 Indemnity 3.9.1 CAL -AIR agrees to indemnify and hold CUSTOMER harmless from all claims for bodily injury and property damages to the extent such claims result from or arise from the negligent actions or willful misconduct of CAL -AIR or CAL -AIR's contractors, consultants, agents or employees. Provided, that City of Seal Beach 4 Cal -Air, Inc. • • nothing in this Article shall be construed or understood to alter the limitations of liability contained in this Agreement. 3.9.2 CUSTOMER shall indemnify and hold harmless CAL -AIR and CAL -AIR's consultants, subcontractors, subcontractor's agents and employees from and all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of, or resulting from, any act or omission of CUSTOMER or Customer's contractors, consultants, agents or employees. 3.9.3 IN NO EVENT SHALL CAL -AIR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, OR CONSEQUENTIAL DAMAGES ARISING FROM, RELATING TO, OR CONNECTED WITH THE WORK, THE MAINTENANCE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS OR SERVICES PROVIDED HEREUNDER. 3.10. Insurance 3.10.1 CUSTOMER shall indemnify and hold harmless CAL -AIR and CAL -AIR's consultants, CAL - AIR shall provide and maintain throughout the Term of this Agreement worker's compensation, comprehensive general liability, contractual liability and comprehensive automobile liability insurance at the following minimum limits: a) Workers' compensation and employer's liability insurance with a limit of $1,000,000 (or such higher limit as may be required by law). b) Commercial general liability insurance, all operations, including completed operations, contractual and broad form comprehensive endorsement with combined single limit of $1,000,000 each occurrence for bodily and/or personal injury, including death and property damage. This policy is to also include an Excess Liability Endorsement with combined single limit of $2,000,000 each occurrence for bodily and/or personal injury including death and property damage. c) Primary Comprehensive Automobile Public Liability Insurance (including owned, non -owned and hired automotive equipment), used in connection with CAL -AIR's operations, with a combined single limit for bodily injury or death and property damage of $1,000,000 per accident or occurrence. The Customer shall be included as an additional named insured on all policies specified in this section with the exception of the Worker' Compensation policy(ies). The naming of the Customer as an additional named insured shall not obligate the Customer to pay any premium on the policy(ies). Such insurance shall be primary insurance and shall contain a severability of interest clause with respect to each insured. The "other insurance" clause of such policies shall be modified, if necessary, to specify that any separate insurance maintained in force by the Customer shall be considered excess insurance and shall not contribute with insurance extended by CAL -AIR's and/or subcontractor's insurer(s) under this requirement. City of Seal Beach 5 Cal -Air, Inc. • • CAL -AIR shall deliver to the Customer, a Certificate(s) of Insurance certifying that minimum insurance coverage, as required above, is in effect and shall not be canceled or changed until at least twenty (20) business days after written notice is given to CAL -AIR and the Customer. CAL - AIR shall immediately notify the Customer upon receipt of any cancellation notice. Not more frequently than each two (2) years, if, in the opinion of the Customer or the Customer's risk manager or insurance broker, the foregoing amounts of insurance coverage at that time are not adequate, CAL -AIR shall increase the insurance coverage as reasonably required by the Customer or the Customer's risk manager or insurance broker. 4. EXTENT OF AGREEMENT: This Agreement, including all attachments hereto, represents the entire agreement between CUSTOMER and CAL -AIR regarding the provision of Maintenance Services and supersedes all prior negotiations, representations or agreements relating to the matters covered by this Agreement. This Agreement may be amended only by written instrument signed by both CUSTOMER and CAL -AIR. None of the provisions of this Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order issued by either party, which relates to the subject matter of this Agreement. CITY OF SE : EACH CAL -AIR, INC. rs i, City Manager Ron Tompt, Director of ice Operations 77(WO Date Date City of Seal Beach 6 Cal -Air, Inc. • • SCHEDULE A Description of Premises City Hall Annex 201 Eighth Street Seal Beach, CA 90740 Police Station 911 Seal Beach Blvd. Seal Beach, CA 90740 Bolsa Chica Well Station 3333 Bolsa Chica Road Seal Beach, CA 90740 City of Seal Beach 7 Cal -Air, Inc. • CITY HALL ANNEX SCHEDULE B List of Maintained Equipment • Existing Description Proposed Description Manufacturer / Description Qty. Rating Type Manufacturer / Description Qty. Rating Type Rheem Single Zone 2 4 Ton HP Carrier High Efficiency 2 4 Ton HP Package Heat Pump Package Heat Pump 5OHJQ005 Goodman Single Zone 2 4 Ton HP Carrier High Efficiency 2 4 Ton HP Package Heat Pump Package Heat Pump 5OHJQ005 Lennox HP16 -311V 1 2.5 Ton CU Carrier 38YCC030 -3 1 2.5 Ton CU Condensing Unit Lennox HP16- 1 3.5 Ton CU Carrier 38YRC042 -3 1 3.5 Ton CU 411/413V Condensing Unit Lennox HP16- 1 4 Ton CU Carrier 38YRC048 -3 1 4 Ton CU 461/463V Condensing Unit Lennox HP16- 1 5 Ton CU Carrier 38YRC060 -3 1 5 Ton CU 651/653V Condensing Unit Lennox HP9- 953 -6Y 1 8 Ton CU Carrier 38AKS008 1 8 Ton CU Condensing Unit Mitsubishi 1 1.5 Ton SS Same 1 1.5 Ton SS HP = Packaged Heat Pump Rooftop HVAC Unit CU = Condensing Unit SS = Split System City of Seal Beach 8 Cal -Air, Inc. • POLICE STATION • Existing Description 1 Proposed Description Manufacturer / Description Qty. Rating Type Manufacturer / Description Qty. Rating Type - - - - AC -2A Carrier Rooftop Cooling only Package Unit 1 2 Ton SZ AC -7 Carrier Rooftop Gas/Electric Package Unit 1 5 Tons SZ Additional Thermostat for temperature averaging 1 - - - - - - AC -14A Carrier Split System 1 2 Tons SS EF -5 General Resource Down -blast Exhaust Fan 1 1,600 CFM EF Cook Down -blast Exhaust Fan 1 2,500 CFM EF SZ = Single Zone Rooftop HVAC Unit SS = Split System HVAC Unit EF = Exhaust Fan BOLSA CHICA WELL STATION Existing Description Proposed Description Manufacturer / Description Qty. Rating Type Manufacturer / Description Qty. Rating Type Carrier Heat Pump 1 3 Tons HP Same 1 3 Tons HP HP = Packaged Heat Pump HVAC Unit City of Seal Beach 9 Cal -Air, Inc. • • SCHEDULE C HVAC Mechanical Maintenance 1.1 CAL -AIR will visually inspect each piece of equipment described in the List of Maintained Equipment, including but not be limited to: (i) (ii) Inspection of fluid levels; refrigerant charges; mechanical parts, including mounts, couplings, equipment housings, belts, fan blades; and any failed, worn or leaking parts. Equipment will be checked for proper operation of controls, dampers, valves, burners, and associated mechanical components. 1.2 CAL -AIR will provide the applicable maintenance services for the Equipment, including but not limited to: (i) Seasonal start-up and shut -down based on manufacturer's recommendations and CAL - AIR experience. (ii) Condenser Coil Cleaning. (iii) Economizer Control inspection, adjustment and calibration. (iv) Calibration of associated temperature, safety and operating controls. (v) Lubrication of motors, bearings, linkages and valve stems. (vi) Adjustment of belts, dampers, set points and filter feed systems. (vii) Alignment of belts, drives, couplings and motors. (viii) Tightening of nuts, bolts, clamps, fittings, electrical connections, and vibration pads. (ix) Cleaning of burner assemblies and nozzles, combustion chambers, electrical contacts, air intakes and fan blades. 1.3 The costs of labor, travel and living expenses to perform the inspection and maintenance described in Section 1.2 herein, including normal maintenance materials, are included. 1.4 The costs of labor and travel for repair work, emergency service, and other materials such as refrigerants, temperature controls, or parts and materials required for equipment repairs in the services described in Section 1.2 herein are NOT included. 1.5 Equipment repairs approved by CUSTOMER will be billed on a Time and Materials basis, with the labor costs reflecting the then current preferred labor rate. City of Seal Beach 10 Cal -Air, Inc. . • SCHEDULE D Air Filter Services 1.1 CAL -AIR reserves the right to provide this service only in conjunction with the Preventive Maintenance service. 1.2 CAL -AIR will furnish and install air filters commensurate with the design conditions of Customer's building(s). Media for listed units will be replaced according to the following schedule: Location Qty. Size Type Changes er Year City Hall Annex 10 20 x 25 x 2 30% Pleated 4 Police Station " 2 1 20 x 25 x 2 20 x 20 x 2 30% Pleated 30% Pleated 4 4 Bolsa Chica Well Station 1 16 x 30 x 1 30% Pleated 4 1.3 Should experience show that more or less frequent air filter media changes are required, upon mutual agreement, the price under this Agreement will be adjusted based on the established selling prices. 1.4 If the Air Filter Services are terminated, CAL -AIR reserves the right to remove the CAL -AIR frames, or the CUSTOMER may purchase them at their then - current market value. City of Seal Beach 11 Cal -Air, Inc. ■ • • 1 • MAINTENANCE SERVICE AGREEMENT BETWEEN CAL -AIR, INC., AND CITY OF SEAL BEACH This Maintenance Service Agreement ( "Agreement "), is made this 54elieday of 2001, by and between CAL -AIR, INC., a California Corporation having its local office ar1�?� YQ393 Slauson Avenue, Whittier, CA 90606 ( "CAL- AIR "), and the City of Seal Beach, having its City Hall at 211 Eighth Street, Seal Beach, CA 90740 ( "Customer "). 1.Recitals A. CAL -AIR and Customer are concurrently entering into an Energy Services Agreement ( "Energy Services Agreement ") pursuant to which, in addition to other services CAL -AIR is procuring and installing the HVAC equipment ( "Equipment ") listed in Schedule B ( "List of Maintained Equipment ") attached hereto in the Premises of the Customer listed in Schedule A attached hereto. B. The parties desire that CAL -AIR provide the maintenance services described in this Agreement on the terms and conditions described in this Agreement. 2. SCOPE: CAL -AIR will maintain the Equipment in good condition and repair, in accordance with the manufacturers' specifications. CAL -AIR's services shall include but not be limited to the services described in Schedules C ( "Mechanical Maintenance ") and D ( "Air Filter Services "). 3. General Provisions 3.1 Price: The annual price for the services described herein is Nine Thousand, Three Hundred Seventy Two Dollars ($ 9,372), subject to the adjustments described below. CUSTOMER shall pay or cause to be paid to CAL -AIR the sum of Seven Hundred Eighty One Dollars ($ 781) on a monthly. CAL -AIR shall submit monthly invoices to CUSTOMER in advance for Maintenance Service to be performed during the following month and payment shall be due within twenty (20) business days after Customer's receipt of each such invoice. Payments for Maintenance Service past due more than five (5) business days shall accrue interest from the due date to the date of payment at the rate of ten percent (10 %) per annum. 3.1.1 Cost Adjustment: For each year following the first year of the Maintenance Services, CAL - AIR may, in its sole discretion, increase the monthly amounts charged by CAL -AIR for Maintenance Services, provided, however, that the percentage increase for any one -year period shall not exceed the percentage increase for the comparable one -year period in the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles- Anaheim- Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics, or such other government index or computation with which it is replaced. 3.1.2 In addition to the price, CUSTOMER agrees to pay any future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to transfer, use, ownership, or • City of Seal Beach 1 Cal -Air, Inc. a • •possession of the equipment or services covered by this Agreement. Initial appropriate tax payments have been made as part of this Agreement. • 3.2 Term: The term of this Agreement shall run concurrently with the Guarantee Term defined in the Energy Services Agreement, and continue from year to year thereafter until terminated; provided, however, that the Customer may terminate this Agreement at any time, with or without cause, by giving thirty (30) days' prior written notice to CAL -AIR. 3.3 Maintenance: 3.3.1 During the term of this Agreement CUSTOMER will provide access to all equipment covered by this Agreement. CAL -AIR will be free to start and stop all primary equipment incidental to the operation of the mechanical system(s) as arranged with Customer's representative. 3.3.2 Unless otherwise provided, maintenance intervals will be determined by equipment run time, application, location and CAL - AIR' s computer data bank of maintenance experience and manufacturer's specifications, according to CAL -AIR's best professional judgment. 3.3.3 After each service call is completed, details from the service report will be provided to CUSTOMER. 3.3.4 CUSTOMER represents and warrants that, except as otherwise disclosed in this Agreement, to the knowledge of the City Manager, in the areas where CAL -AIR will provide services, there are no: (a) materials or substances classified as toxic or hazardous either (i) on or within the walls, floors, ceilings or other structural components, or (ii) otherwise located in the work area, including asbestos or presumed asbestos - containing materials, formaldehyde, containers or pipelines containing petroleum products or hazardous substances, etc.; (b) situations subject to special precautions or equipment required by federal, state or local health or safety regulations; or (c) unsafe working conditions. CUSTOMER shall notify CAL -AIR of any changes or updates that occur during the course of this Agreement. If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by CAL -AIR or others and provide an unsafe condition for the performance of the services, the discovery of the material, situation or condition shall constitute a cause beyond CAL -AIR's reasonable control and CAL -AIR shall have the right to delay performance of Services until the area has been made safe by CUSTOMER.or Customer's representative, at Customer's expense. CUSTOMER shall indemnify and hold CAL -AIR harmless from and against any and all claims and costs of whatever nature, including but not limited to, consultants' and attorneys' fees, damages for bodily injury and property damage, fines, penalties, cleanup costs and costs associated with delay or work stoppage, that in any way result from or arise under such materials, situations or conditions, regardless of whether CUSTOMER has prenotified CAL -AIR; provided, however, that the Customer shall not be liable for claims covered by workers compensation or for damages arising from the failure of CAL -AIR or its agents or employees to follow commonly -used safety procedures or specific safety procedures specified by the Customer. This indemnification shall survive termination of this Agreement for whatever reason. • City of Seal Beach 2 Cal -Air, Inc. • • • 3.4 Coverage 3.4.1 It is understood that the preventive maintenance service provisions apply only to the systems and equipment included in the List of Maintained Equipment. Repair, replacement and emergency services will be (a) submitted to the CUSTOMER for pre- authorization and (b) will be charged over - and -above the then current year's maintenance service fee. Repair work identified by CAL -AIR may, at the CUSTOMER's sole discretion, be contracted to be performed by CAL -AIR or others. 3.4.2 CAL -AIR will provide a review of the services delivered under this Agreement on an annual basis. 3.4.3 CAL -AIR will provide an analysis of Customer's facilities' environmental systems equipment condition and of operating procedures on an annual basis. This analysis will include proposed program revisions and operating procedures that may be required to reduce energy consumption, minimize operating costs and accommodate changing CUSTOMER needs. 3.5 Working Hours /Emergency Services 3.5.1 All non - emergency services under this Agreement will be performed during the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays. If, for any reason, the CUSTOMER requests CAL -AIR to furnish any such labor or services outside of such regular working hours, any overtime, or other additional expense, such as repairs or material costs not included in this Agreement, occasioned thereby shall be billed to and paid by CUSTOMER as an extra. 3.5.2 CUSTOMER will promptly notify CAL -AIR of any malfunction in the system(s) which comes wto Customer's attention. 3.5.3 In the event of an emergency, CAL -AIR will assess the emergency situation, either by phone or by remote system diagnostics, and will determine the required course of action with CUSTOMER. If necessary, CAL -AIR will respond on -site within four (4) hours. If an emergency service call is made, and inspection does not reveal any defect for which CAL -AIR is liable, CUSTOMER will be liable for regular charges prevailing for such service. 3.5.4 CAL -AIR will be available 24 hours a day, 7 days a week to perform emergency service. 3.6 Confidential Information 3.6.1 CUSTOMER agrees that, during the period of this Agreement, CUSTOMER or Customer's employees and agents will not, without prior written permission by CAL -AIR, disclose any manuals or data relative to this Agreement to any organization or individual, and will treat all information provided as proprietary, except as may be otherwise required by law. 3.7 Assignment and Delegation 3.7.1 CUSTOMER may not assign its rights or delegate its obligations under this Agreement, in whole or in part, without the prior written consent of CAL -AIR. CAL -AIR may assign its right to receive payment to a third party as security, but may not otherwise assign its rights or obligations under this ® Agreement. City of Seal Beach 3 Cal -Air, Inc. • • • 3.8 Warranties and Limitation of Liability It is agreed that, in providing the system or services included in this Agreement, CAL -AIR is not an insurer, and does not guarantee that no damage or injury to persons or property will occur. • CAL -AIR will replace or repair any product provided under this Agreement that fails within the guarantee period (one year) because of defective workmanship or materials. The failure must not result from CUSTOMER negligence, or from fire, lightning, water damage, etc. This warranty applies to both CAL - AIR - manufactured and outside - purchased (for resale) products. The warranty effective date is the date of CUSTOMER acceptance or the date CUSTOMER begins to receive beneficial use of the product, whichever comes first. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND CAL -AIR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. CAL -AIR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH. CAL -AIR will not be liable for damages caused by delay in installation or interrupted service due to fire, flood, corrosive substances in the air, strike, lockout, disputes with workmen, inability to obtain material or services, commotion, war, acts of God such as lightning, or any other cause beyond CAL - AIR's reasonable control. 3.9 Indemnity 3.9.1 CAL -AIR agrees to indemnify and hold CUSTOMER harmless from all claims for bodily injury and property damages to the extent such claims result from or arise from the negligent actions or willful misconduct of CAL -AIR or CAL -AIR's contractors, consultants, agents or employees. Provided, that nothing in this Article shall be construed or understood to alter the limitations of liability contained in this Agreement. 3.9.2 CUSTOMER shall indemnify and hold harmless CAL -AIR and CAL -AIR's consultants, subcontractors, subcontractor's agents and employees from and all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of, or resulting from, any act or omission of CUSTOMER or Customer's contractors, consultants, agents or employees. 3.9.3 IN NO EVENT SHALL CAL -AIR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, OR CONSEQUENTIAL DAMAGES ARISING FROM, RELATING TO, OR CONNECTED WITH THE WORK, THE MAINTENANCE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS OR SERVICES PROVIDED HEREUNDER. 3.10. Insurance 3.10.1 CUSTOMER shall indemnify and hold harmless CAL -AIR and CAL -AIR's consultants, CAL- I/ AIR shall provide and maintain throughout the Term of this Agreement worker's compensation, City of Seal Beach 4 Cal -Air, Inc. • • ®comprehensive general liability, contractual liability and comprehensive automobile liability insurance at the following minimum limits: • a) Workers' compensation and employer's liability insurance with a limit of $1,000,000 (or such higher limit as may be required by law). b) Commercial general liability insurance, all operations, including completed operations, contractual and broad form comprehensive endorsement with combined single limit of $1,000,000 each occurrence for bodily and/or personal injury, including death and property damage. This policy is to also include an Excess Liability Endorsement with combined single limit of $2,000,000 each occurrence for bodily and/or personal injury including death and property damage. c) Primary Comprehensive Automobile Public Liability Insurance (including owned, non -owned and hired automotive equipment), used in connection with CAL -AIR's operations, with a combined single limit for bodily injury or death and property damage of $1,000,000 per accident or occurrence. The Customer shall be included as an additional named insured on all policies specified in this section with the exception of the Worker' Compensation policy(ies). The naming of the Customer as an additional named insured shall not obligate the Customer to pay any premium on the policy(ies). Such insurance shall be primary insurance and shall contain a severability of interest clause with respect to each insured. The "other insurance" clause of such policies shall be modified, if necessary, to specify that any separate insurance maintained in force by the Customer shall be considered excess insurance and shall not contribute with insurance extended by CAL - AIR's and/or subcontractor's insurer(s) under this requirement. CAL -AIR shall deliver to the Customer, a Certificate(s) of Insurance certifying that minimum insurance coverage, as required above, is in effect and shall not be canceled or changed until at least twenty (20) business days after written notice is given to CAL -AIR and the Customer. CAL - AIR shall immediately notify the Customer upon receipt of any cancellation notice. Not more frequently than each two (2) years, if, in the opinion of the Customer or the Customer's risk manager or insurance broker, the foregoing amounts of insurance coverage at that time are not adequate, CAL -AIR shall increase the insurance coverage as reasonably required by the Customer or the Customer's risk manager or insurance broker. 4. EXTENT OF AGREEMENT: This Agreement, including all attachments hereto, represents the entire agreement between CUSTOMER and CAL -AIR regarding the provision of Maintenance Services and supersedes all prior negotiations, representations or agreements relating to the matters covered by this Agreement. This Agreement may be amended only by written instrument signed by both CUSTOMER and CAL -AIR. None of the provisions of this Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order issued by either party, which relates to the subject matter of this Agreement. City of Seal Beach 5 Cal -Air, Inc. • CITY OF SEAL BEACH • • CAL -AIR, INC. Alan Butcher, Regional Vice Presi • ent sly /D c0��� Date g,111a/14-01.4)---- City Attorney Approved As To Form. Date City of Seal Beach 6 Cal -Air, Inc. • • • City Hall 211 Eighth Street Seal Beach, CA 90740 Police Station 911 Seal Beach Blvd. Seal Beach, CA 90740 Public Works Yard 1776 Adolfo Lopez Drive Seal Beach, CA 90740 Mary Wilson Library 707 Electric Avenue Seal Beach, CA 90740 North Seal Beach Community Center 3333 St. Cloud Drive Seal Beach, CA 90740 Marina Community Center 151 Marina Drive Seal Beach, CA 90740 Schedule A Description of Premises • City of Seal Beach 7 Cal -Air, Inc. • • • SCHEDULE B List of Maintained Equipment • Location(s) Description Manufacturer Model # Rating Qty. City Hall HVAC Multizone Carrier 48MA028 -5 25 Tons 1 " HVAC Split System Carrier 38AKS014 -5 12.5 Tons 1 " Air Handling Unit McQuay LS -108H N/A 1 Police Station HVAC Unit Rheem RRGF- 200100CLR 7.5 Tons 1 " HVAC Unit Bryant 582APW060115 5 Tons 1 " HVAC Unit AMA PGE10C720125 4 Tons 1 " HVAC Unit Rheem RKKA- A042CL08E 3.5 Tons 1 " HVAC Unit Carrier 48GT024 -3 2 Tons 3 " HVAC Unit Carrier 48HJD004 -5 3 Tons 4 if HVAC Unit Carrier • 48HJD005 -5 4 Tons 3 " HVAC Unit Carrier 48HJD006 -3 5 Tons 3 " HVAC Unit Carrier 48HJD006 -5 5 Tons 1 Public Works HVAC Unit Trane YCC036F1MOBF 3 Tons 4 Mary Wilson HVAC Unit Carrier 48HJD017 -5 15 Tons 3 Library Marina HVAC Unit Carrier 48HJD006 -5 5 Tons 2 Community Center North Seal Beach HVAC Unit Carrier 50HJQ005 -5 4 Tons 2 Community Center HVAC Unit Carrier 50HJQ006 -5 5 Tons 1 • City of Seal Beach 8 Cal -Air Inc. • • • • SCHEDULE C HVAC Mechanical Maintenance 1.1 CAL -AIR will visually inspect each piece of equipment described in the List of Maintained Equipment, including but not be limited to: (i) (ii) Inspection of fluid levels; refrigerant charges; mechanical parts, including mounts, couplings, equipment housings, belts, fan blades; and any failed, worn or leaking parts. Equipment will be checked for proper operation of controls, dampers, valves, burners, and associated mechanical components. 1.2 CAL -AIR will provide the applicable maintenance services for the Equipment, including but not limited to: (i) Seasonal start -up and shut -down based on manufacturer's recommendations and CAL - AIR experience. (ii) Condenser Coil Cleaning. (iii) Economizer Control inspection, adjustment and calibration. (iv) Calibration of associated temperature, safety and operating controls. (v) Lubrication of motors, bearings, linkages and valve stems. (vi) Adjustment of belts, dampers, set points and filter feed systems. (vii) Alignment of belts, drives, couplings and motors. (viii) Tightening of nuts, bolts, clamps, fittings, electrical connections, and vibration pads. (ix) Cleaning of burner assemblies and nozzles, combustion chambers, electrical contacts, air intakes and fan blades. 1.3 The costs of labor, travel and living expenses to perform the inspection and maintenance described in Section 1.2 herein, including normal maintenance materials, are included. 1.4 The costs of labor and travel for repair work, emergency service, and other materials such as refrigerants, temperature controls, or parts and materials required for equipment repairs in the services described in Section 1.2 herein are NOT included. 1.5 Equipment repairs approved by CUSTOMER will be billed on a Time and Materials basis, with the labor costs reflecting the then current preferred labor rate. • City of Seal Beach 9 Cal -Air, Inc. • • • • SCHEDULE D Air Filter Services 1.1 CAL -AIR reserves the right to provide this service only in conjunction with the Preventive Maintenance service. 1.2 CAL -AIR will furnish and install air filters commensurate with the design conditions of Customer's building(s). Media for listed units will be replaced according to the following schedule: Location Qty. Size Type Changes er Year City Hall 12 20 x 25 x 2 30% Pleated 4 " 6 16 x 20 x 2 30% Pleated 4 Police Station 4 16 x 25 x 2 30% Pleated 4 " 23 16 x 25 x 1 30% Pleated 4 " 2 16 x 22 x 1 30% Pleated 4 " 4 12 x 24 x 1 30% Pleated 4 " 1 20 x 22 x 1 30% Pleated 4 " 4 20 x 25 x 1 30% Pleated 4 Public Works Yard 4 12 x 20 x 1 30% Pleated 4 Mary Wilson Library 12 20 x 20 x 2 Synthetic Media 4 " 8 20 x 20 x 2 30% Pleated 4 " 14 16 x 20 x 2 30% Pleated 4 " 4 20 x 25 x 2 30% Pleated 4 North Seal Beach Community Center 4 20 x 20 x 1 30% Pleated 4 " 2 16 x 20 x 1 30% Pleated 4 Marina Community Center 4 16 x 25 x 2 30% Pleated 4 1.3 Should experience show that more or less frequent air filter media changes are required, upon mutual agreement, the price under this Agreement will be adjusted based on the established selling prices. • City of Seal Beach 10 Cal -Air, Inc. • • • 1.4 If the Air Filter Services are terminated, CAL -AIR reserves the right to remove the CAL -AIR frames, or the CUSTOMER may purchase them at their then - current market value. • • City of Seal Beach 11 Cal -Air, Inc. AC O' • • CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDDIYYYY) PRODUCER Marsh USA Inc. 411 East Wisconsin Avenue Suite 1600 Milwaukee, WI 53202 — 4419 Attn: CPU, Phone (414) 290 -4912 Fax (414) 290.4953 CPU Milwaukee@marsh.com INSURED Johnson Controls, Inc. Johnson Controls Battery Group, Inc. Johnson Controls Interiors, L.L.C. JCIM US LLC Cal -Air, Inc. GES America, L.L.C. Metro Mechanical Inc. Optima Batteries, Inc. USI Real Estate Brokerage Services Inc. York International Corporation COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. *SEE REVERSE FOR AM BEST RATING INSURERS AFFORDING COVERAGE NAIC # (SEE REVERSE) Attn: Corp Risk Mgmt. X -92 P.O. Box 591 Milwaukee, WI 53201 INSURER A SEE REVERSE SIDE FOR INFORMATION INSURER B: SEE REVERSE SIDE FOR INFORMATION INSURER C: SEE REVERSE SIDE FOR INFORMATION INSURER D: SEE REVERSE SIDE FOR INFORMATION INSURER E: 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 LTR ADD' INSRe TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDJYY POLICY EXPIRATION DATE MMIDDJYY LIMITS A GENERAL LIABILITY (1) (3) (4) I COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS MADE � OCCUR 0 Contractual 4 X,C,U GEN'L AGGREGATE LIMIT APPLIES PER: IZI POLICY ❑ PROJECT ❑ LOC HDOG24934056 10/1/2009 10/1/2010 EACH OCCURENCE $ 5,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 5,000,000 MEO EXP (Any one person) $ 50,000 PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS • COMP/OP AGG $ 5,000,000 B AUTOMOBILE LIABILITY (2) (3)(4) � ANY AUTO ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS .I HIRED AUTOS II NON -OWNED AUTOS 90_04606 -01 10/1/2009 1011/2010 COMBINED SINGLE LIMIT (Ea Accident) $5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per acddenl) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ❑ ANY AUTO ❑ AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG S D EXCESS/UMBRELLA LIABILITY 4 OCCUR ❑ CLAIMS MADE ❑ DEDUCTIBLE ❑ RETENTION $ XOO 024901154 10/1/2009 1011/2010 EACH OCCURRENCE $ 5,000,000 AGGREGATE • $ 5,000,000 S $ $ C EMPLOYERS' COMPENSATION ABIL ( AND ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N YIN (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below WLRC45702017 — AOS WLRC45702029 — CA SCFC45702030 — WI WCUC45702042 — EX WC WCUC45702625 — EX WC FL 10/1/2009 10/1/2010 �I TORY LIMITS ❑ ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER (I) ADDITIONAL INSURED: C required by contract, includes coverage for Addribnar Insureds per attached endorsement. (2) ADDITIONAL INSURED: U required by contract, Includes coverage for Additional Insureds and Loss Payees quired by contract (2) PRIMARY COVERAGE: Where required by lease or contract, this coverage Is primary and not excess clot contributing with other Insurance or sell4nsurance 4 WAIVER OF SUBROGATION: Insured wakes sub ro•ation to the extent re . wired b contract DESCRIPT JCI Contract JCI Projec Customer ON OF OPERATIONS / LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS No. Name: PO Number: CERTIFICATE HOLDER CANCELLATION SEAL BEACH, CITY OF 211 EIGHTH STREET SEAL BEACH, CA 90740-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL SNDBAVAR4O MAIL _39_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, au-T-FAI W RF- TADO- SOS HAWIMPASE- N66BNGATION NABI61#OFAN*NINDIIPON -OR- MNB -INS URER- ITS- AGEN36-0R- REPRESEMITATA16Sr AUTHORIZED REPRESENTATIVE - -,sue // Of MARSH USA INC. ACORD 25 (2009101) 0 ACORD CORPORATION 1988 • STATE OF CALIFORNIA Arnold Schwarzenegger, Governor DEPARTMENT OF INDUSTRIAL RELATIONS SELF - INSURANCE PLANS 2265 Watt Avenue, Suite 1 Sacramento, CA 95825 Phone No. (916) 483 -3392 FAX (916) 483 -1535 CERTIFICATION OF SELF - INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self- Insure No. 2082 was issued by the Director of Industrial Relations to: JOHNSON CONTROLS, INC. under the provisions of Section 3700, Labor Code of California, on December 1, 1987. The Certificate is now and has been in full force and effective since that date. Dated at Sacramento, California This 2nd day of February, 2004 MARK T. JOHN N, Manager Self- Insuran Plans MTJ /sen Orig: JOHNSON CONTROLS, INC. 5757 NORTH GREEN BAY AVENUE MILWAUKEE, WI 53209 ATTN: MS. SHIRLEY FEDYSZYN / X -92 JCI Branch tion 9120 Service West 373 Los Angeles Service . MARSH USA INC. ..CERTIFICATE OF INSURANCE DATE 02i01i2006 PRODUCER Mt! USA Inc. -ast Wisconsin Avenue W1600 Milwaukee, Wisconsin 53202 -4419 Attn: CPU, Phone (414) 290 -4912 Fax: (414) 290 -4953 CPU_Milwaukee @marsh.com THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE AM Best Rating (As of 02101/06) *See Below Company Illinois Union Insurance Company A P.O. Box 41484, Philadelphia, PA 19101 A+ XV INSURED Johnson Controls, Inc. Attn: Corp. Risk Mgmt. X -92 p 9 Johnson Controls Battery Group, Inc. P.O. Box 591 Johnson Controls Interiors, L.L.C. Milwaukee, WI 53201 Johnson Controls of Puerto Rico, Inc. Cal -Air, Inc. `--GES Company Sentry Insurance A Mutual Co. B 1800 North Point Drive, Stevens Point, WI 54481 A+ XV Company Indemnity Insurance Company of North America C and for CA: ACE American Insurance Company PO Box 41484 Philadelphia PA 19101 A+ XV Company D Lexington Insurance Company 100 Summer Street, Boston, MA 02110 A+ XV America, L.L.C. Optima Batteries, Inc. Pro-Tel, Inc. USI Com.anies, inc. COVERAGES This certificate su•ersedes and re•laces an I reviousl issued certificate. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL X LIABILITY (1) (2) (3) COMMERCIAL GENERAL LIABILITY HDOG21723551 10 -1 -2005 10 -1 -2006 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP /OP AGG $ 5,000,000 PERSONAL & ADV INJURY $ 5,000,000 ■■ CLAIMS MADE X OCCUR EACH OCCURRENCE $ 5,000,000 ■ X OWNER'S & CONTRACTOR'S PROT Contractual FIRE DAMAGE An one fire $ 5,000,000 MED EXP An one . erson $ 50,000 X X,C,U (Explosion. Collapse, Underground) X Additional Insured (See Below) B AUTOMOBILE ■ X X LIABILITY (1) (2) (3) ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 90- 04606 -01 10 -1 -2005 10 -1 -2006 COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE ■ ■ LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE ■ D EXCESS X LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM 5577313 10 -1 -2005 10 -1 -2006 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (3) . WLRC44333879 WLRC44333880 - CA The Indemnity Insurance Company of North America program applies to all JCI entities in all states except for the self- insured entities and the monopolistic states. 10 -1 -2005 10 -1 -2006 X WC STATU- TORY LIMITS, OTH- ER EL EACH ACCIDENT $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1.000,000 THE PROPRIETOR/ PARTNERS /EXECUTIVE OFFICERS ARE X INCL EXCL EL DISEASE -EACH EMPLOYEE $ 1,000,000 ■ OTHER (1) ADDITIONAL INSURED LOSS PAYEE: Includes coverage for Additional Insureds & Loss Payees as required by lease or contract. H required by contract, this includes SEAL. BEACH, CITY OF (2) PRIMARY COVERAGE: Where required by lease or contract, this coverage is primary and not excess of or contributing with other insurance or self-insurance. 3 WAIVER OF SUBROGATION: Insured waives subro • ation to the extent re • uired b contract. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS JC Contract No. 63737687 Project Name: Seal Beach Multi sites Ser Customer PO Number: Jeff Watson 373131212701 Seal Beach, City of CERTIFICATE HOLDER 410 SEAL BEACH, CITY OF Jeff Watson 211 EIGHTH STREET SEAL BEACH, CA 90740 -0000 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR- TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, MARSH USA INC. BY' , /••YL /,. ! �°,�;� � ti ,:!" -e Jj • A.M. Best ratings of Insurers are provided for information purposes only and are based upon information with respect will not, and will have no responsibility or obligation to, inform the certificate holder or any person relying upon this certificate ree • act to the solven or future abili to • a claims of an of the insurance com • anise which have issued the insurance o such ratings available to Marsh USA Inc. on the date set forth herein with respect to such ratings. Marsh USA Inc. of any changes in such A.M. Best ratings occurring after such date. Marsh USA Inc. will have no liability with • • Boles referenced herein. STATE OF CALIFORNIA r Gray Davis, Governor DEPARTMENT OF INDUS AL RELATIONS SELF - INSURANCE PLANS 2265 Watt Avenue, Suite 1 Sacramento, CA 95825 e No. (916) 483 -3392 (916) 483 -1535 • • CERTIFICATION OF SELF- INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self- Insure No. 2082 was issued by the Director of Industrial Relations to: JOHNSON CONTROLS, INC. under the provisions of Section 3700, Labor Code of California, on December 1, 1987. The Certificate is now and has been in full force and effective since that date. Dated at Sacramento, California This 17th day of December, 2001 MARK B. A HCRAFT, Self Insurance P1 Orig: CC: Phyllis N. Doane Paralegal Assistant Ned L. Gaylord & Associates 3530 Atlantic Ave., Suite 210 Long Beach, CA 90807 Kathleen E. Theisen Vice President Marsh USA, Inc. 411 E. Wisconsin Ave., #900 Milwaukee, WI 53202