GENERAL SERVICE AGREEMENT
This Agreement is made and entered into this l
s
-'- day of 2021, by and between
the CITY OF MANTECA, a public body, corporate and politic ("City") and COMFORT AIR, INC., a C corporation ("Consultant").
RECITALS
A. Comfort Air, Inc. is specially trained, experienced, and competent to perform the professional services required by this Agreement.
I
. B. Comfort Air, Inc. possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Comfort Air, Inc. to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Comfort Air, Inc. shall· perform the HV AC Maintenance and Repair services described in the attached Attachment I that is incorporated by this reference, and pursuant to the Proposal submitted by Comfort Air, Inc. dated August I 0, 2021, and attached hereto as Attachment 2. Comfort Air, Inc. shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the HV AC Maintenance and Repair services is sometimes referred to herein as "the Project."
2. Work Through City Staff. Comfort Air, Inc. shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City.
This shall not apply to the sole request of information or clarification of information by Comfort Air, Inc. from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Comfort Air, Inc.'s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than June 30, 2022. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in .Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Comfort Air, Inc. shall not exceed Thirty Five Thousand DOLLARS ($35,000.00).
Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
ATTACHMENT 2
5. Method of Payment. Comfort Air, Inc. shall submit monthly billings to City specifying and describing the work performed during the preceding month. Comfort Air, lnc.'s bills shall include a brief description of the services perfonned, the date the services were performed. the number of hours expended and by whom. and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Comfort Air, Inc. no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Comfort Air, Inc. fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Comfort Air, lnc. perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.
Comfort Air. Inc. shall not perform, nor be compensated for, Extra Work without the City's prior written authorization.
7. · Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days' prior written notice of termination. Upon termination, Comfort Air, Inc. shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
A. All plans, studies, documents. and other writings prepared by and for Comfort Air, Inc., its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Comfort Air, Inc. for such work. City shall have the sole right to use such materials in its discretion without further compensation to Comfort Air, Inc. or to any other party. Comfort Air, Inc. shall, at Comfort Air, lnc.'s expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Comfort Air. Inc. shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Comfort Air, Inc. in connection with the performance of this Agreement, shall be held confidential by Comfort Air. Inc .. These materials shall not, without the City's prior written consent. be used by Comfort Air, Inc. for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Comfort Air, lnc. that is otherwise known to Comfort Air, Inc., or is generally known, or has become known to the related profession shall be deemed confidential. Comfort Air, Inc. shall not use City's name or insignia. photographs relating to the Project for which Comfort Air, lnc.'s services are rendered, or any publicity pertaining to the Comfort Air, Inc.'s services under this Agreement in any magazine. trade paper, newspaper, television or radio production, or other similar medium without the City's prior written consent. 2 ATTACHMENT 2
9. Consultant's Books and Records.
A. Comfort Air, Inc. shall maintain all ledgers, books of account, invoices, vouchers. canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Comfort Air, Inc. under this Agreement.
B. Comfort Air, Inc. shall maintain all records that document performance under this Agreement for a minimum period of three years. or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Comfort Air. lnc.'s address specified in Section 16 of this Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Comfort Air, Inc.'s business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Comfort Air, Inc., Comfort Air, Inc.'s representatives. or Comfort Air, lnc.'s successor-in-interest.
10. Independent Contractor. In the performance of the work and services required by this Agreement. Comfort Air. Inc. shall act as and be an independent contractor and not an agent, or employee of the City. Comfort Air, Inc. shall obtain no rights to retirement or other benefits that accrue to City's employees, and Comfort Air, Inc. expressly waives any claim it may have to any such rights.
11. Interest of Comfort Air. Inc.
A. Comfort Air, Inc. represents that neither it nor any employee has any investment or interest in real prope1ty, and shall not acquire any such interest. direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Comfort Air, lnc.'s services hereunder. Comfort Air, Inc. further represents that, in the performance of its duties hereunder; no person having any such interest shall perform any services under this Agreement.
8. · Comfort Air, Inc. is not a designated employee within the meaning of the Political Reform Act because Comfort Air, Inc:
(I) will conduct research and arrive at conclusions with respect to its rendition of inf
o rmation, advice, recommendation, or counsel
independent of the control and direction of the City, or of any City official. other than normal Agreement monitoring; and
3 ATTACHMENT 2
(2) possesses no authority with respect to any City decision beyond the rendition of information. advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Comfort Air, Inc. to perform the services hereunder as a material .inducement to enter into this Agreement.
Comfort Air, Inc. shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Comfort Air, Inc. shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Comfort Air, lnc.'s field of expertise.
B. The primary provider of the services required by this Agreement shall be Comfort Air, Inc. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City's prior written consent.
13. Compliance with Laws. Com fort Air. Inc. shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Comfort Air. Inc. represents and warrants to City that it has all I icenses, permits, qualifications, insurance, and approvals that are legally required of Comfort Air, Inc. to practice its profession. Comfort Air, Inc. represents and warrants to City that Comfort Air, Inc. shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Comfort Air, Inc. to practice its profession.
15. Indemnification and Hold Harmless. Comfort Air, Inc. agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions. losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Comfort Air, lnc.'s performance of this Agreement. or Comfort Air, lnc.'s failure to comply with any of its obligations contained in this Agreement; excluding. however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents. employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment 4.
Other fosurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(I) The City, ifs elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with 4 ATTACHMENT 2
respect to liability arising out of work performed by or on behalf of the Comfort Air, Inc., including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have. shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers. officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
(6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 IO I I 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Comfort Air, Inc. shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Comfort Air, Inc. shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. lfto City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Jon Lucas
5 ATTACHMENT 2
If to Consultant: Comfort Air. Inc.
1607 Turnpike Road
Stockton, Ca. 95206
Attention: Adam Moreno
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Comfort Air, Inc.. All prior written and oral communications, , including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Comfort Air, Inc. and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Comfort Air, Inc .. Assignments of any or all rights, duties, or obligations of the Comfort Air, Inc. under this Agreement will be permitted only with the express written consent of the City. Comfort Air, Inc. shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Comfort Air, Inc. shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law. 2 I. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severabilitv. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law: Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees. discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected 6 ATTACHMENT 2
by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authoritv to Enter Agreement. Comfort Air, Inc. warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement.
Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
28. Prohibited Interests.
A. Comfort Air, Inc. warrants that it has not employed or retained any person, other than a bona fide employee working solely for Comfort Air, Inc., to solicit or secure this Agreement. Further, Comfort Air, Inc. warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Comfort Air, Inc., any fee, commission, percentage, brokerage fee, gift. or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Comfort Air, Inc. represents that it is an equal opportunity employer,. and it shall not discriminate against any subcontractor, employee, or applicant for employment because ofrace, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion. transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Comfort Air, Inc. 's Proposal/Comfort Air, lnc.'s attachments and the City's Agreement/City"s attachments, the City's Agreement and City's attachments shall take precedence over Comfort Air, Inc. 's proposal/Comfort Afr, lnc.'s attachments.
7 ATTACHMENT 2
This Space Purposely Let
t Blank
8 ATTACHMENT 2
TO EFFECTUATE THIS AGREEMENT. each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page I above.
CONSULTANT:
COMFORT AIR, INC.
(Type name qfConsultant(form <?forgani:::ation)*
ATTEST: By:
(.'iignature)
Adam Moreno, Service Foreman
a Candini-Tilton, (TJJJe name and title)
of Legislative Services
COUNTERSIGNED: By:
(Signature)
Jared 1 nsen, {T_lJJe name and title)
Actin irector of Finance
COUNTERSIGNED _:'
r--
Address:
Aaron Slater.
Director of Employee Services & Engagement
APPROVED AS TO FORM:
L.Davi�i!J1�
City Attorney
1607 Turnpike Road
Stockton, CA. 95206
Telephone: (209) 466-460 I
9 ATTACHMENT 2
ATTACHMENT J
REQUEST FOR PROPOSAL
The City of Manteca is seeking proposals for HVAC Maintenance and Repair Services. 10 ATTACHMENT 2
ATTACHMENT 2
CONSULTANT'S PROPOSAL
11 ATTACHMENT 2
-._._,.,,
Air
MECHANICAL CONTRACTORS
SINCE f9,6
Customer: City of Manteca
Job Name: City of Manteca
Contract #353 7 /98
Service Address: Various Locations per Agreement
--------------
This Agreement entered into on August 10, 2021, is made by and between Comfort Air, Inc .. herein after known as the Contractor and City of Manteca, herein after known as the Customer.
The Contractor is providing a system of maintenance and repair for the equipment type contained within the schedules, terms and conditions on the pages attached and listed below
Schedule "A": Desctibes the level of service being provided by the Agreement. ·schedule ·-a··: Describes the limited of liability and tho terms and conditions.
Comfort Air, lnc.'s rates are as followed: $126 per hour during normal business hours (Monday-Friday 7:30am-4:30pm); $162 per hour after hours (Monday-Friday 4:30pm-9:00pm and Saturdays until 4:30pm); and $189 per hour after 9:00pm and on Holidays ..
The schedule attached to the Service Agreement constitutes the entire Agreement between the Contractor and the Customer. The service Agreement remains the property of the Contractor and is provided for the Customer's use only.
This service Agreement is subject to management approval by Contractor. No waiver, change or modification of any terms or conditions shall be binding on Contractor unless made in writing and signed by authorized management of Contractor.
This annual Agreement shall continue in effect from year to year unless either party gives written notice to the other of intention not to continue thirty (30) days before the actual cancel date.
Contractor
By
Adam Moreno
Service Manager
Date: 8-10-2021
Customer
By
Authorized Customer Representative
Printed
Title: Date:
Name.
1607 TURNPIKE ROAD
PHONE (209) 466-46<.H
P.O. BOX 1254
LICENSE t; OP.5895
STOCKTON, CALIFORNIA 95201-1254
FAX (7.09} 46t>-?639
12 ATTACHMENT 2
Schedule •·A"
Work Order's:
E: ch wmpkkd service call is documented by a Contractor service Wt)rl,; order. /his \\Ork order is pr<."1\ ided 11, the cush1mer as evidence of the completed sen ice showing each performed tasl,;.
Ptcnntati,e '.\faintenance:
Th..: nwintenancc worl,; shall include the following:
I. Wash with appropriate cleaning solution the rnndensing coils and cvaporati, c coils.
2. Wash \\ ith appropriate cleaning solution the condensing tray.
3. ·ri g hten and/or replace Ochs.
-1-. Check and!or rcpl,H.:e filters.
5. Luhc 111\)t0r'>.
6. (ircase fittings.
7. ( 'heck Freon charge and add Freon as needed.
8. Check sy:-tcm for proper operations.
Comfort .-\ ir. Inc:. wi II pruvidc belts. filters. contat:tors. capacitors. and refrigerant the discrct ion of City ma infrnance.
Repair Work:
From timl·-hHimc. the City may need Comfort Air. lnc .. w perform repair work in addition to the pre,cntmiH mai11tc11ance ,vork. While the scope of'thc repair work is unknown ar this time. Comfort Air.
Inc.. shall submit !abor rates for a ti.:'dmician to perform repairs during nmmai business hours. after business huur, anJ on \\Cek::nds. Parts. materials and supplied m:cded for any repairs arc addi1ional cosb to be quoted b) <\1mfo11 1\ ir. Im: at the time ol'rhe repair. 13 ATTACHMENT 2
Schedule "B"
Terms and Conditions
( ·ontr,,.:tw ai-!rce, It) perform all ,,<,rl profes io1rnlly and 10 furnish llnl:, matcri:il ot' go,)d qualit:,. ; hl' ,'u t."•111<'1' J'f'l'l'id · rca;;,lnabie a..:t:e s l\l all area and equipment. and all,n, Contrac\l,r to ,!Op and tan equipment a nec,·s nr:, to fullill 1he tern1- ofth,: agreement,
\II 1nain1cnancc tasl-.<. ,dll be p.::rfornwd during the Contrncror';; n,irmal business hours. !, I he rn r,,111er agree, 1,) infi,rm the Ci)ll!ractor immediate!:, ofpr.Jhlems found in the ,)perarion of the cq11ipme111. !'he usrnmer agre.:s H' pa:, anJ h, rcsp,msible for any additiomrl gross amnum ,,ran:, prcsem or li1turc s<1lcs. use. e,,ci e. ,:ilu -ackkd. ,ir .,,,her imilar la'-. ho\\ever designated. applicable IP th<: price. sah: or dcliV<•r) or ,Hl) products. sen ices 0r rhc ,,,,rh furnished hi.:rt:under ,1r ti,r their use h:, Contractor on bclrnlr ot'tlw .:uswm.:r \,hcthcr sud1 ta\ shall b..- l,1cal. state. or federal in nature. Thi$ will include but not be limited to the reco\'et"), reQl'ling, red:11nation, h:111dling and disposal ofnll n•frigerants, and the additional costs incurred for refrigerant ta" and/or increased costs due lO hortagc .
b. Repair ;Jr rcplm.:cmcm nf non-mamtainabk p:111, of the,::, sto:m(sl such as. but not limit<.:d 10. L 0 ,1ils. hcat c:-.changers, duct
,1,)rl,.. pi1)ing. shell and tube. unit cabini:ts. h,1ikr rdractory material. insula1ing material. electrical" iring. hydwnic and pnewnatic piping, structural supports and nth<'!r 11011-mo, ini; parts. arc not included in this Agreement. 7 If the ctp1ip01,n1 covered is altcri:d. modi tied. changed or mo,ed this agrecm ·nt may be adju tc<l :1,cor<ling_l) or 1crmina1cd.
Limitatioo uf l.i:ihili1 and lndt•mnities
I. lhc Contractor is not liable for d11111age or f<.,ss caused by delay in installation or interrupted servi,:e due to fire. 11.iod. com1 iw ubsiance in the air. 1ri"-e l,)ckout, dispute with workmen. inabilit) tn nbtain mats-rial M ervices. c<•mmotion. \1ar. act ,,fna1urc. 01 Wl) ,
1 lh<-'1 ;:ause beyond (\)ntractor rea onable c,)n1n,1. :! In no e1 , nt. \\hcrher ::i a result of hn:ech of contract. ,)r any tnn including negli g_ence or otherwise i, the C'(>1llractor c,1 il!, upplicr,. <-'lllpln) ee, ,,,r :1ge11h liabh: for any spccinl. ..:,msequcntial. incidental. or penal J;image im:luding. hm no limited to l,.is, or prntit ,lr rcH·nues. lo b \>Juse ,if an) produds. machim:r:,. equipment. damage to associated equipment. cnst of ,apital. cost of sub,1i1u1<: produd5. facilirics. service;; or repla;:cment p<m er. down tim.: ,·1lbb. lusl profit . or claims of Buy .:r" 5 cu,tomcr, for such damages.
, '\o other v.arrnnty expressed or other liahility is given ,111d no other affirmation of Contrnrtor, hy non! or 11<'1ion, shall 1:onstitute a ,rnrrant . This warranty is expressly in lieu ofan orher t•,press or implil•d ,,arnint · including an implied warrant ' of merehanrnbility of fitness, and any other obligation on the part of Contrnetor.
The ,'(mtract:..,r·s liahilit)'. ifan . up,1n any ,,arrnnt). t•ithcr expr s cd or implied. i, limited 1<1 the replaccrncm of dc:kctivc r11;i1aials and corrcc1ion ,1f faulty workmanship which i in violation oflo,:al. st:irc. or federnl huilding l:ildes at the time of performance ,1f1he wor"- l">) lht Co111rac1or.
Exclusions:
Cabinet aml ducl\\nrk.
\\ ater surply and drain hc;vnnd l.'quipmcnt proper.
\k,\'ing or relo.:ming the eguipm.:rn.
An) u:1111,!gt due H' u:1cxpe ·tcJ freezing. \\ork made neces,a1") h> the enforcement or g1>\crnml.'nl ct,des. building and uni,,n rtgul:1tinns,
l)t•\ ices and n1111rols no1 ,upplied h) u, arc s:xclucled from thi ,:on1rac1 ,1nle 5 otherwise ,pc1,ilicd in the cnutrnc:t. Wt· an· not r.!spt 111\ ihk t<.'r failrn'l' N dam;ag.: 11., equipmtm L)r premise dlie to impro1)er foci Pr fuel ,uppl::, 14 ATTACHMENT 2
A TT A CHM ENT 3
SCHEDULE OF ACTIVITIES
To be determined on an as needed basis between the City and the Comfort Air, Inc. 15 ATTACHMENT 2
ATTACHMENT 4
INSURANCE DOCUMENTS
16 ATTACHMENT 2
COMFAIR-01
OA. TE- {MM.100/YYYY)
____ j
·-
CERTIFICATE OF LIABILITY 9/15/2020 INSURANCE
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
.... --·------··--·····-·- - ·-------··-- -
I
i If the certificate holder is an ADDITIONAL INSURED. the policy(ics) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain pol1c1es may require an endorsement. A statement on I IIHs ccr!ificatc docs not confer rights to the certificate holder in lieu of such cndorsemont(st.
IMPORTANT:
1·Ho;, rn-·
· ··
- ··- · cmHAC:T Kristen Solari N,.! C. _ .:.
Lodi-Alliant Insurance Services. Inc. PHOt,E
641 South Ham t.n Ste 8 1 ,c. No. ex:,
Lodi. CA 95242 lt s [email protected]
• UR.ER(§/ AFfORJ:>.IJ'.l\i (:_Q\l RAG.E
FAX
1MC_,No1
Comfort Air. Inc.
1607 Turnpike Road
Stockton, CA 95206
. ,,,su'IER,.,. Valley Forge l11surance Company
.,,suHLR u C.on i11ental C.<1sualty Compa_ny
11,s,JREf<C Falls Lake Fire & Cal>ualty Company
:• SURER 0
COVERAGES CERTIF!S:t\ Tl;_ l'l_llMl?ER:
I" . . ·-
··,sufl_Ef<E
.! _:' SURE.R F
REVISION NUMBER: __ _
.NAIC_w
j20508
J 044
115 84
,,,,s , l() ,EP •,n f,<:<"r THE P<)LICl!':S C,F N JR'-t C[ LJ .TED eLOW Hl<VE" BHN ,S$UED TO THE INSURED NAMED A80Vf FOR HI: "CllCY PERIOD :t•.i ICATF.r :10T'h!Tt-S T AN[;iNG ,:ONY REQU•RcMr;N'i TERM ')R C()N{)l'i ION or .:.i.NY CON•P.ACT OR OTHER DOCUMENT 1/VITH P.ESPECl TO Wt1ICH THIS I
CERT ,::;1, 1S ',1/,Y e,l ,SSUEO OF. MA" PEF:1"",t, tH: NSUl<l\:JC:f A<r010E[) 8" fHE PO;_ICIES DESCRIBED HERElr-.: IS SURJECT TO ALL THE TERW.S f)((;_dS Cl'IS ,'.f,J(; CC'![' no .!; OF SUCh PO,.:c1c:; .:M:•5 S•iO-J',N MAY HAVE' 6EFN REO:JCED r.iY PAID Cl /\IMS iNS _ •
· - Aool"iUS_R _ , POLICY Efr • POLICY EXP
1_!.lt< ·--· __ .:!: :._l_ S.'.',_R-: <:_F'__ ;l"-li•.U'.NP__ __ 0 :!.._:\l!_ O- __ !i"l!-.!c'Ot:lL'O'..l'.J..; .'. .l.t!.QiY.'ffi Ll,,ITS A X COMMERcrr.L GE.NfRAL LIABILITY £.:-c.r1 occ,,,mu,c, . L 911512020 911512021 ,,;,:M-;; ,r·-r,iii.N{tn" ·-· ·
.... !l;•. s •} :.c-:-- i X . ::.,( c. . :):.
X Owner's & Contractor
, '.:.
x: '6043314793 PA-£ . .SES - 1 -:.r.,:\1fft•n:; 1 _ ! S F-ER$C,t . l.. t. . ;..2J•.' !NJ RY
I
! Q8'9EFU-l .... CGRl:Q.!.i.TE
1,000,000
100,000
15,000
1:000,000
2)500:000
2.000:0oo
Included
B AUTOr<.oe u: LiAl:31ll I"
X X 6043430267
r-r;
9/1512020 9/15i2021
lI1 t;• ;f ;,;;LE ,: ii j :
e9D1 .';_if• ., .,f.r'r ; :er p_-er!>on) !_ __ S
'. ri i1 <1?/t ?- c ____ -,.,T;_. _·
1,000,0001
B
X e 1 ·:Ju
··- - - .......... ·-····-
C w01<Krns co1,1Pn,s11 no 1-r n i;:fl.PU.>Y£=iS' l lAA!l.liV o.i·1i;.:..r.-w.f1,:w ,.;.;.:t;,.( ' r;.tr.·: ·:•.;r
;,: ;, rd ki;ri ; ;;,
.-
: vca.' . .
,'I ,!'>•,l,llj• I..:·. '
!1:, :-(1- • ..·· ··.,:
6043430270 9/15/2020 9/
0 FLA014641-00
N A
! 711/2020 7
· OCSCHIPil(:,\ OF-0 1E 1HIONS; l.f>t.:.o T"IONS ! \.EH11::LE£ (A:ORC.1 101. dcMiCl'l.)t R m:1,11-s S.:hedv!t-, r.la1; be uc.hed ii rr.on;? sp RE: Air CMditioning Sy tems Preventative Maintenanu•. The City ol Manteca, its otticers, officials, em as respects GL & Auto per attached endorsement Coverage is primary. Per project aggregate applies CERTIFICA,1f;:_HQJ,Q!;B __ CANCELLATION ___ _
SHOULD ANY OF THE
THE EXPIRATION
I
-'.------ -
City of Manteca
101 W. Center Street
Manteca. CA 95336
ACCORDANCE WITH ________________
.._ ____ ,,_ __ -..J
, ___ . - - --····· ----
ACORD 25 (2016.'03)
! AUTH0R12El f((PR SENlAHVE
.. ,.): ,,. 7·' __ . ·--·- - ---- ·- j
,f) 1988-2015 ACORD CORPORATION. All rights reservea.
Tne ACORD name and logo ,ue registered marks of ACORD
17 ATTACHMENT 2
POLICY NUMBER: 6043430267 COMMERCIAL AUTO
CA 2048 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGECOVERAGEFORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are ''insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective 011 the inception date of the policy unless another date is indicated below.
-
Endorsement Effective: 9/15/2020 Countersigned By:
Named Insured: Comfort Air. Inc.
( Authorized Reoresentative
SCHEDULE
Name of Person(s) or Organization(s):
Any person or organization that the Named Insured is obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an .. insured'' for Liability Coverage, but only to the extent that person or organization qualifies as an "insured'. under the Who Is An Insured Provision contained in Section II of the Coverage Form.
CA 20 48 02 99 Copyright. Insurance Services Office. Inc.. 1998 ATTACHMENT 2
AC'NA
General Aggregate Limit - Per Project Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:
A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
B. all medical expenses under Coverage C;
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project.
Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project.
II. All:
A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project,
will reduce the General Aggregate Limit shown in the Declarations.
Ill. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project.
IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved.
V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project.
VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA75061XX (1-15)
Insured Name: Comfort Air, Inc.
Policy No: 6043314793
Endorsement No: 1
Effective Date: 9/15/2020
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. 19 ATTACHMENT 2
C'NA
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required · by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However. such person or organization is an Insured only with respect to such person or organization's liability for:
A. unless paragraph 8. below applies,
1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named lnsured's ongoing operations as specified in such written contract; or
2. bodily injury or property damage caus.ed in whole or in part by your work and included in the products-completed operations hazard, and only if
a. the written contract requires the Named Insured to provide the additional insured such coverage; and
b. this coverage part provides such coverage.
B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if:
1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and
2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037.
II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15)
Insured Name: Comfort Air, Inc.
Policy No: 6043314793
Endorsement No: 1
Effective Date: '9/15/20
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. 20 ATTACHMENT 2
C'NA
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
is required by written contract to be primary and non-contributory, this insurance will be primary and noncontributory relative solely to insurance on which the additional insured is a named insured.
V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part;
3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a• loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA75079XX (1-15)
Insured Name: Comfort Air, Inc.
Policy No: 6043314793
Endorsement No: 1
Effective Date: 9/15/20
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc .. with its permission. 21 ATTACHMENT 2
Ac. ·c RD
-
· COMFAIR-01
CERTIFICATE OF LIABILITY INSURANCE OATf. 1t:. \1/00ffYYt J THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES N01 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(ics) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions or the policy, certain policies may require an endorsement .. A statement on this certificate does not confer rights to the certificate holder in lieu ot such l!ndorsemcnt(sj.
PHo::l:C·;:�·
· ---· ---
·- · --- ·coNrAc, Greg Miller
. t:'AMt:
Lodi-Alliant Insurance Services: Inc P1<0<;E ·
641 South Ham l n Ste B {AIC, No. E,11
Lodi CA 95242 : ItlJtss-GMilier@i
i
lliant:C-oin I ... • •.. ,.. - __ . ___ ·-
INSURER{$) P.,FFC>ROJNg_ COVERAGE
FAX l I_C. NoJ
rNSUi·U.P
;"suRER ,_ Security fll_ati911al Insurance Company
INSUflEI> _B
Comfort Air, Inc
1607 Turnpike Road
Stoc Jon, CA 95206
COVE;RAGES
lrlSVR£f< C
1:-,svRF.R o
lrlSURE F
INSUR_ R f ·••-·-- --·--•-· ---·--·---
NA_IC
!19879
;
_____ REVISION NUMBER: . ····-
, ..,; ·, ,·c (.!;f;H' • 1 ciAT 1,-,E. PO: .. IE.S . f NSUl<ANCf ( ,STEC tlF.t.O'./'/HAVE BE!;•; ,SSUE.C, TC 'HE ,NSUF<EO 'IAMED .;aovE FOR THE POLICY PER'OC l'i01t'A7E[: (j1W!!hST,\NOING ,'-t,j'I REOU•Pi:M::NT TERM {)q CONDITION or ANY CONTRl•CT OR OTHER DOCUMENT IMTH RESPECT -ow1-11CH Tr1!S ,:ER11°tCAfl Mt,Y 8E ,SSU[D OR MA' PERTA•rJ THE INSURANCE. A Of<DEC BY 1H£ POclCll:S DESCR,BED HEREIN IS SUBJECY TO ALL HiE TERMS. l ---1 [X•.'.LUC:IC'iS N,C co ... omor•J(; or SUCd POl;CIES ! rt.ns 3HO·NN MAY HAVE BEEN REDIJCEC 8'( FA'D CLAIMS :>.SR.. !WE OF 1;,s ;;"· f
0.>.DDi:°'.Hior.,
POL.ICY NWBER
.• Pcii:icv EF.f ····;,oi.ic'v"i:xP··
L_lR ---·· --· __
..
-··• . --•. -----·---· -- L Q ',..Vl'.:.JJ _ 1ttc.\ 1.QJ.?1YY.YYl. ! Hll!l1;>.Ll Y.YY.'.l.:L. _ -•-···--·•- LIMITS COIIMERCIAL GfcNERAL L!ABILIT'f c,\r.,1 cx:::uRRCNCt
D.t-\ G°r "70Rf.NH. - J'Bft f .lf!i -.. •:fft••·-r<=J
1 \V ,'.C•,:. :?-!?f
"•
,r-,
UTC) .10Bll Fl lAFN. HY
, .-.-\.1.;f_u :,;c· i- .:..•,.-'': c·. •\l' ,-:-
.• .1. - { -. tSt {•t:,
UY.HHC:l.LP. L:A0
Lio. u,s . ,;.
. •-·- .;,.• • , t-'.0.J--: 1 l•r..: :f-1" ; • \ ., r· ,,-,.I ... 1M.tndator1 an NHJ
SWC1347327 7/1/2021 7/1/2022
N A
·sl '
,. f:.Q.; p 1
"° '1) .'?:'f: P"r :'.L. .. lJ1 t-1:! Y1 :-:: f :? .... i_ -:':l .! Ls \·•H_ /J •.! - - . .Y.t,i__PN_;f-1 .A.Gl"'! __ t - .
--- (:(''1 : t: I.) $1N Jl t l , , t i ,. ;..i J _.)G.o f)t; ; _ ... 1Q!):\ . : .,;'-i. ! !.H'.,!S_C?_ r>' 1-
\. ?qQ L . !n-_:i;f!_'!:_. f r .':t_,;c! .:J l- -
t_..[?!-?. f r. r .M4(;E i
. :-
1,000,000
1.000,ocio'
1.000,000
!tfSr.t.-111 ·)·.C►_(.IPC I-.,_,_ LU: ... 111,.!\!\ ,.l•ll l' ... _.H)l)I J111!t,..,•,:, tlt'fl"'ll"!::ctrj ,1,. 1"•11 t.cH1,1,:t-e--, lm n:·!1.-p-.Jc.u1:11ucaiu- d, RE -41t CoPr11trornnq Systenit1 P,e.•C'nWLivc Ma,ntenanc.<1 CERTIFICATE;: 1-lOLD!;_R.
City of Manteca
101 W. Center Streer
Manteca. CA 95336
ACORD 25 (2016103)
<;:A!',ICELL!, TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE Will BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
A THO! IZEO REPRCSH,TA ltVE
© 1988·2015 ACORD CORPORATION All rights reserved.
The ACORD name ancl logo are registered marks of ACORD
22 .,
ATTACHMENT 2