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HomeMy WebLinkAbout2020-052 PO 20200409- Johnson Controls Inc Purchase Order ,a Fiscal Year 2020 Page: 1 of: 1 E_�=._im-_�_�'l°Jt•r i `�+tiL�I������•:-Iy€-�-�,irL B City of Ashland ��k� _ �t''l, 11��,-+liYte rt�f�tJ�s�t ATTN:Accounts Payable20 E..Main Purchase /� Ashland,OR 97520' Order# 20200 4 09 T Phone:541/552-2010 - 0 Email: payable@ashland.or:us V H C/O Facilities Maintenance Div EJOHNSON CONTROLS, INC. I 90 North Mountain Ave PO BOX 730068 . p Ashland,OR 97520 - DALLAS,TX 75373-0068 Phone:541/488-5358 R T Fax: 541/552-2304 :-ss ,.[r i.��ahl�l-shl.[ lq•� -r-1 -,;: r:r�— ZS�tt.i!t Lt,l-tssl 1 1— = 7�cS,rt 1-.. _�7.13a1et2: — - 425)398-6900David Arnold tri•..t t_(J'1Ic t: _ 04/28/2020 567 / FOB ASHLAND OR/NET30 City Accounts Payable =,r.-l=3t.��= z—_ — --reF-; €:_;•[�"�a=-1_.=t =• _- - ___ �� ���=1�`1� �s "�'K �. r���� ?=u-- HVAC On-Call Services FY 21 1 HVAC on-call service for proprietary repairs for FY 21 1 $4,995.0000 $4,995.00 Goods&Services Agreement • Completion date: 06-/30/2021 Project Account: ***************GL SUMMARY*************** 082400-602400 $4,995.00 I • • • L60 By: Date: • - _ Authorized Signature -ems== = 4 995.00 ,e c-e-6-1- `-er ---7 cbe"'" • FORM #3 CITY OF ASHLAND A request for a Purchase Order �D REQUISITION /'� ,0 Date of request: 45 . /23/ 2020 I Required date for delivery: Vendor Name Johnson Controls Address,City,State,Zip 588 Parsons Drive.Suite B.Medford.OR 97501 Contact Name&Telephone Number Kimberly Lewis 541-227-5710 kimberly.dawn.lewis@ici.com Email address SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency O Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) • (If council approval required,attach copy of CC) ® Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached 0 Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by O Direct appointment not to exceed$35,000 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: 0 Annual cost to City exceeds$25,000,Council O Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost HVAC on-call service for proprietary repairs for FY21 ;$'4,995`00;. - . Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quote/proposal 'TOTA- LCOST':' Project Number _ Account Number 082400-602400 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the C'• public co trading requirements have been satisfied. Employee: LL/ Department Head: / '/ Z-4411-11/i.4 zo (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: . (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES /NO Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition GOODS & SERVICES AGREEMENT 1 PROVIDER: Johnson Controls CITY of PROVIDER'S �S H LAN D , CONTACT: Kimberly Lewis 20 East Main Street Ashland,Oregon 97520 ADDRESS: 588 Parsons Drive, Suite B Telephone: 541/488-5587 Medford, OR 97501 Fax: 541/488-6006 PHONE: 866-297-7793 /541-227-5710 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Johnson Controls, a domestic business corporation("hereinafter"Provider"), for HVAC services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide HVAC on-call service for proprietary repairs for FY21 as set forth in the "SUPPORTING ' DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each namedand additional named insured as.though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Johnson Controls 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider for its Work at the hourly rates and charges as set forth in Exhibit"X", entitled "Johnson Controls Medford Labor Rates," which is attached hereto and incorporated herein by this reference, as full compensation for Provider's performance of all Work under this Agreement. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$4,995 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. Page 2 of 5:'Agreement between the City of Ashland and Johnson Controls 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Johnson Controls Medford Labor Rates dated April 17, 2020 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remediesare not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2021, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Johnson Controls 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Johnson Controls Attn: Kimberly Lewis 588 Parsons Drive, Suite B Medford, OR 97501 866-297-7793 /541-227-5710 • 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 5: Agreement between the City of Ashland and Johnson Controls 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (1) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws,of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Johnson Controls (PROVIDER): By: By: i� //age- Signature S h tSignature signature PQKL-4- i$i?,nt✓A) Tony Hunt Printed Name Printed Name ea) pi,bcrDti Branch Service Manager Title Title 21//470'2Z49 04/23/2020 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. G'vF-49 ©#71):6) Page 5 of 5: Agreement between the City of Ashland and Johnson Controls Johnson Olifp Service Controls To: David Arnold City of Ashland 90 N.Mountain Avenue Ashland,OR 97520 Date: April 17,2020 Project: Johnson Controls Medford Labor Rates David, Here are the labor rates for JCI personnel for the Medford, OR branch. These rates are current for 2020. Johnson Controls Labor Rates ($/Hr): Labor Type __za__ Regula.r Time,.r,Overtime Double_Time? Chiller,Mechanic: ` a' $132.75 $199.13 $265.50 G`enera'l Mechanical(Journeyman) $125.25 $187.88 $250.50 Controls Tecl nician $140.25 $210.38 $280.50 Security&Fire Technician, $118.00 $177.00 $236.00 Mileagek(per*00: $1.84 Disposal (lx charge per service) $45.00 Regular Time is Monday through Friday during normal business hours. Overtime rate is charged for time worked over an 8 hour day or for the first 8 hours of labor on Saturdays. Double Time is charged for work over 12 hours on a weekday, over 8 hours on a Saturday, or any labor spent on Sundays or Holidays. Specifically for the Chiller Mechanic,we have a person on staff who has achieved the highest possible York Factory Training for Chillers and attained the designation of Certified Master Factory Trained Technician. There are less than forty individuals with this certification in the continental United States. This training has been obtained in the last three years. Thank you for your interest in Johnson Controls. Please let us know if you have any questions. Kimberly Lewis Customer Service Agent II- Oregon Johnson Controls 503-305-2059 Office 971-291-6543 Cell 866-635-1302 24-Hour Toll Free Service 1 1 P a g e 4011 SE International Way,Suite 605-Milwaukie,OR 97222 P 503.305.2059 F 503.654.1158 AC Roe CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/23/2020 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 have ADDITIONAL INSURED provisions or 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 CONTACT Attn:Cert Center NAME: Marsh USA Inc. PHONE: HON o.Ext): 966-4664 X,No): (212)948-5167 (NC411 East Wisconsin Avenue E-MAIL Suite 1300 s: JCI.CertRequestOa marsh.com Milwaukee,WI 53202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: OLD REPUBLIC INSURANCE CO 24147 INSURED INSURER B: ACE PROPERTY AND CASUALTY INSURANCE CO. 20699 Johnson Controls,Inc. Tyco International Holding S.a.r.l. INSURER C: SimplexGrinnell INSURER D: (see attached Acord 101) INSURER E: 5757 North Green Bay Avenue Milwaukee WI 53209 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. . INSR TYPE OF INSURANCE ANSA SSS POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A ®COMMERCIAL GENERAL LIABILITY MWZY 313947 10/01/2019 10/01/2020 EACH OCCURENCE $10,000,000 DAMAGE TO RENTED $10,000,000 CLAIMS MADE PREMISES(Ea occurrence)OCCUR - El CONTRACTUAL LIABILITY MED EXP(Any one person) $50,000 ®XCU Included PERSONAL 8 ADV INJURY $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $30,000,000 ®POLICY El PROJECT El LOC PRODUCTS-COMP/OP AGG INC IN GEN AGG ❑OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMB A MWTB 313946(Excludes New Hamp) 10/01/2019 10/01/2020 (Ea Accident) $7,500,000 ®ANY AUTO BODILY INJURY(Per parson). A MWTB 313949(Primary NH$250k) 10/01/2019 10/01/2020 ❑OWNED AUTOS ONLY BODILY INJURY(Per accident) A MWZX 313950 (Excess NH$7.25mm) 10/01/2019 10/01/2020 ❑SCHEDULED AUTOS ONLY PROPERTY DAMAGE Excess NH Auto Is follow form to (Per accident) ❑HIRED AUTOS ONLY ❑NON-OWNED AUTOS ONLY Primary NH Auto B ®UMBRELLA LIAB ®OCCUR G28162509 003 10/01/2019 10/01/2020 EACH OCCURRENCE $5,000,000 ®EXCESS LIAB ❑CLAIMS-MADE AGGREGATE $5,000,000 EDED ❑RETENTION $ A WORKERS COMPENSATION MWC 313943 00(AOS—See Pg 2) 10/01/2019 10/01/2020 ® STATUTE PER ❑ ERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $5,000,000 A OFFICER/MEMBER EXCLUDED? MWXS 313944(OH&WA) 10/01/2019 10/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $5,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) JCI/Tyco Contract Number: JCI/Tyco Project Name: Customer PO Number: THE GENERAL LIABILITY,WORKERS COMPENSATION AND EXCESS LIABILITY COVERAGES APPLY TO OFF-SITE EXPOSURES ONLY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. by Kristin Lam ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: • LOC#: A 3 D ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls,Inc. POLICY NUMBER Tyco International Holding S.a.r.l. SimplexGrinnell CARRIER NAIC CODE 5757 North Green Bay Avenue Milwaukee,WI 53209 EFFECTIVE DATE: 10/01/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 2016/03 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WORKERS COMPENSATION: Workers Compensation"AOS"Policy includes coverage for employees from the following States WHILE WORKING IN ANY STATE:AK,AL,AR,AZ,CA,CO, CT,DC,DE,FL,GA,HI,IA,ID, IL,IN,KS,KY,LA,MA,MD,ME,MI,MN,MO, MS,MT,NC,NE,NH,NJ,NM,NV,NY,OK,OR,PA,RI,SC,SD,TN,TX,UT, VA,VT,WI,&WV. PRIMARY COVERAGE: The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance,where required by written lease or written contract.For General Liability,this applies to both ongoing and completed operations. WAIVER OF SUBROGATION: The General Liability,Automobile Liability,Workers'Compensation and Employers Liability policies include a Waiver of Subrogation in favor of the certholder and any other person or organization,BUT ONLY to the extent required by written contract. ADDITIONAL INSURED—AUTOMOBILE LIABILITY: The Automobile Liability policy,if required by written contract,includes coverage for Additional Insureds,as required by such written contract. ADDITIONAL INSURED—GENERAL LIABILITY: For General Liability,if required by written contract,the following are included as additional insureds,as required pursuant to a written contract with a named insured,per Policy Endorsements A2 and A2A:THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE,AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. SCHEDULE FOR POLICY ENDORSEMENTS A2 AND A2A Name of Additional Insured Person(s)or Organization(s): If required by contract,the person or organization listed on the certificate of insurance as additional insured,and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s)of Covered Operations: As required by contract. POLICY ENDORSEMENT A2 ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—NAMED INSURED'S ACTS OR OMISSIONS ONLY A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused solely by: 1. Your acts or omissions;or - 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: The insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. POLICY ENDORSEMENT A2A ADDITIONAL INSURED—OWNERS,LESSEES OR CONTRACTORS—COMPLETED OPERATIONS—NAMED INSURED'S ACTS OR OMISSIONS ONLY Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury"or"property damage"caused solely by"your work"at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". ONGOING OPERATIONS AND COMPLETED OPERATIONS INSURANCE The General Liability Insurance includes insurance for ongoing operations and completed operations. LIMIT OF LIABILITY: The Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance,or the minimum Liability limit that is required by the written contract,whichever is less. If there is no contract then the Liability Limit is limited to$1,000,000. UMBRELLA/EXCESS LIABIITY: If the primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy-the combination of minimum primary limits and minimum Umbrella/Excess Liability limits required by the written contract,the Umbrella/Excess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: LOC#: ACCPREY ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls,Inc. POLICY NUMBER Tyco International Holding S.a.r.l. SimplexGrinnell 5757 North Green Bay Avenue CARRIER NAIC CODE Milwaukee,WI 53209 EFFECTIVE DATE: 1 0/01/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 2016/03 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS: Should any of the above described policies be cancelled,other than for non-payment,before the expiration date thereof,30 days advice of cancellation will be delivered to certificate holders in accordance with the policy endorsements. NAMED INSURED: Insureds include:Air Distribution Technologies IP,LLC;Air System Components,Inc.;Carter Brothers,LLC;CEM Access Systems,Inc.;Central CPVC Corporation;Central Sprinkler LLC;Chemguard,Inc.;Connect 24 Wireless Communications Inc.;Digital Security Controls,Inc.;Eastern Sheet Metal,Inc.; Elpas,Inc.;Exacq Technologies,Inc.;FBN Transportation,Inc.;Federal Energy Infrastructure Solutions,LLC;Grinnell Fire Protection Solutions LLC;Grinnell LLC;Hart&Cooley Trucking Company;Hart&Cooley,Inc.;Haz-Tank Fabricators,Inc.;IMECO LLC;Integrated Systems and Power,Inc.;Johnson Controls (Suisse)SA;Johnson Controls Air Conditioning and Refrigeration,Inc.;Johnson Controls Building Automation Systems,LLC;Johnson Controls Digital Solutions LLC;Johnson Controls Engineering,LLC;Johnson Controls Federal Systems,Inc.;Johnson Controls Fire Protection LP;Johnson Controls Foundation,Inc.;Johnson Controls Government Systems,LLC;Johnson Controls,Inc.;Johnson Controls Navy Systems,LLC;Johnson Controls PI Project Site Operations LLC;Johnson Controls Security Solutions LLC;Johnson Controls-Hitchi Air Conditoning North America LLC;Koch Filter Corporation;Master Protection,LP dba FireMaster;Qolsys,Inc.;Retail Expert,Inc.;Ruskin Company;Ruskin Rooftop Systems,Inc.;Ruskin Service Company;Selkirk Corporation;Senelco Iberia,Inc.;Sensormatic Asia/Pacific,Inc.;Sensormatic Electronics(Puerto Rico)LLC;Sensormatic Electronics,LLC;ShopperTrak International Investment LLC;ShopperTrak RCT Corporation;Shurjoint America,Inc.;SimplexGrinnell LP;Tyco Fire&Security LLC;Tyco Fire Products LP; Tyco Integrated Security LLC;Tyco International Holding S.a.r.I.;Tyco International Management Company,LLC;Visonic Inc.;WillFire HC,LLC;York International-(SA),Inc.;York International Corporation • ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD