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HomeMy WebLinkAbout2015 CON Trane US - HVAC Services and RepairSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TRANE U. S. INC. THIS AGREEMENT is entered into this lst day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TRANE U. S. INC. (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide City -Wide on -site HVAC service, repairs and replacement as needed for our fiscal year ending June 30, 2016, and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016, 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the detection of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. —1 If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Conunercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 1. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 1. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: Risk Manager 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify, and hold CITY, its Officers, employees, and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. Revised August 2014 2 11. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver ofany future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 1. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY By: Lesl le Deese, City Manager AP ' ROVEI 'f) FORM: j �eit'I 4 C dia Gacitua ' ilva City Attome CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National. City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov TRANE U. S. INC. (Corporation - signatures of two corporate officers required) (Partnership - one signature) (Sole proprietorship - one signature) By: /Vitt s (3A42fLi& (Print) iv-2-i NJ PrL et44il4 c)- (Title) (Name) 77, \AA\ (Print) AT[� I�1 Jt rvaCc ► 1 et -et • ?ty- (Title) TRANE U. S. INC. Complete Address: 3565 Corporate Court San Diego, CA. 92123 Phone 858-576-2500 Fax: 858-576-2554 Contact: Cameron Peck Title: Account Manager Email: Cameron.Peck@Trane.com Taxpayer I.D. No 250900465 Revised August 2014 4 T/�ANE' April 27th, 2015 Rick Hernandez Facilities Maintenance Supervisor City of National City 1243 National City Blvd National City, CA Dear Mr. Hernandez: ``/ ► {-1$ca cr Irene San Diego Sales Office 3565 Corporale Court San Diego, CA 92123 Tel: 858 576 2500 Fax: 858 576 2554 www.trane.com www trane.com!sandieoo Please find the rates for Trane Commercial (Unitary) and Applied (Chillers) HVAC labor for both contract and non -contract customers. These rates are as of 4/2/2014. Labor Type Rate Description Applied ST 169.00 Water Cooled Equipment, Chiller Plants, Controls Applied OT 254.00 Any time atter 4pm and Saturdays Applied P f (Sundays/Holidays) 338.00 Sundays and Holidays Commercial St' 128.00 Rooftop Units, Split Systems Commercial OT 192.00 Any time after 4pm and Saturdays Commercial PT (Sundays/Holidays) 256.00 Sundays and Holidays Additional charges apply to T&M calls depending on the nature of the call Determination of Labor Rate based on call type at time of service call Environmental Fee Miscellaneous Consumables Fee Specialty Equipment Fee Technology Fee Truck Charge 12.00 per invoice 9.00 per invoice 45.00 each use 47.00 each use 89.00 per truck/day All T&M calls are subject to Trane's terms and conditions. Sincerely, Cameron Peck 410Ingersoll Rand e ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMrOLYYYYY) 4/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH & MCLENNAN COMPANIES 1166 Avenue of the Americas New York NY 10036 ATTN: 212-345-6000 INSURED Trane U.S. Inc. dba Trane 3565 Corporate Court San Diego, CA 92123 United States CONTACT NAME: PHONE I FAX (A+'C.. No. Extt: LAIC, No): E-MAIL ADDRESS: fNSURERIS) AFFORDING COVERAGE COMPANY A: National Union Fire Insurance Company of Pittsburgh. PA COMPANY B: Travelers Property Casualty Co of Amer COMPANY C: Travelers Indemnity Co of America RJUKCR C: INSURER F : NAIL i1 19445 25674 25666 COVERAGES CERTIFICATE NUMBER: 373400 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR TYPE OF INSURANCE ADDL *ISO SUER WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL NERAL UABIUTY GL 9575063 4/17/2015 4/17/2016 EACH OCCURRENCE $7,500,000.00 $1,000,000.00 CLAIMS -MADE _X 1 OCCUR DAMAGE RENTED PREMSESO(Ea occurrrencel OWNER'S & CONTRACTORS PROT MED EXP (Any one person) $10,000.00 PERSONAL 8 ADV INJURY $7,500,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,500,000.00 X POLICY I l PRO- JECT LOC PRODUCTS COMP/OP AGO $7,500,000.00 OTHER. $ A AUTOMOBILE LIABILITY CA5260808 (AOS) 4/17/2015 4/17/2016 COMBINED SINGLE LIMIT (Ea accident) $2,000,000.00. $ A t 9 X1ANY AUTO CA5260807 (MA) 4/17/2015 4/17/2016 BODILY INJURY (Per person) A 1 AUTOSLL OWNED SCHEDULED CA5260806 (VA) 4/17/2015 4/17/2016 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE I (Per accident) $ PHYSICAL APD -Self Insured $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTIONS $ B WORKERS COMPENSATION TC2HUB-7434110A-15 (AOS) 4/17/2015 4/17/2016 PER OTH- x ; STATUTE I ER C AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN TC2HUB-7434L448-15 (MN) 7RJUB-7434L424-15 (AZ, MA, OR, bVl) 4/17/2015 4/17@O15 4/17/2016 4/17/2016 E.L EACH ACCIDENT $3,000,000.00 $3,000,000.00 $3,000,000.00 B B OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N NIA TWXJUB-7434L45A-15 (Ohio Excess) 4/17/2015 4/17/2016 EL DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached a more space is required) Please see page 2 for additional information. CERTIFICATE HOLDER CANCELLATION City of National City ATTN: Finance Department/Purchasing 1243 National City Blvd National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONWILL BE DELIVERED IN ACCORDANCE WITDATE WITH THE POLICYOPROVISIONS. United States AUTHORIZED REPRESENTATIVE K USA..nc.j�7j—�{"(`'I[�, Kevin G. Tietjen 0401,;:e tj.�1�{q+)!�/�..„BY:Ma �� VBY: ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Requested By:Cameron Peck ACORII ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Trane U.S. Inc. dba Trane 3565 Corporate Court San Diego, CA 92123 United States EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: City of National City ATTN: Finance Department/Purchasing , its elected officials, officers, agents, and employees are included as Additional Insured where required by contract with respect to General Liability pursuant to applicable endorsement. City of National City ATTN: Finance Department/Purchasing , its elected officials, officers, agents, and employees are included as Additional Insured where required by contract with respect to Automobile Liability pursuant to applicable endorsement. This insurance is Primary & Non -Contributory over any existing insurance where required by written contract. Waiver of Subrogation is applicable where required by written contract, but only to the extent of the Named Insured's negligence in regards to Workers' Compensation. Job Description: General Maintenance Work For questions regarding this certificate of insurance contact: Cameron Peck Email: cameron.peck@trane.com Phone: 8588318326 ACORD 101 (2008101) © 2008 ACORD CORPORATION. Alt rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # MAN 002 This endorsement, effective 12:01 A.M. 04/17/2015 forms a part of Policy No. GL 957-50-63 issued to INGERSOLL-RAND COMPANY BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION It — WHO IS AN INSURED, is amended to include as an additional insured: (1) Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability to the extent caused by you and arising out of your operations or premises owned by or rented to you; or (2) Any designated person or organization, designated by you in writing to us, but only with respect to liability to the extent caused by you and arising out of your operations or premises owned by or rented to you and provided the "bodily injury", "property damage" or "personal and advertising injury" occurs subsequent to your written request to designate such person or organization as additional insured. However, the insurance provided will riot exceed the lesser of: • The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. All other terms and conditions remain unchanged. AUTHORIZED REPRESENTATIVE CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk September 15, 2015 Mr. James Barrus Trane U.S. Inc. 3565 Corporate Court San Diego, CA 92123 Dear Mr. Barrus, On July Pt, 2015, an Agreement was entered between the City of National City and Trane U.S. Inc. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Engineering Dept.