HomeMy WebLinkAboutSIEMENS BUILDING TECHNOLOGIES 2 - 2006
A-2006-330
/0 .- I - 0 7
FEB 0 5 Z007
o r:-iN LJ.l THIS AGREEMENT, made and entered into this 18th day of December, 2006 by and
(m. (,lU,.ffJ between Siemens Building Technologies, Inc. (Fire Safety Division), a California Corporation
(hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California (hereinafter
"City").
CONTRACTOR AGREEMENT
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in
maintenance and repair of fire alarm systems.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform fire alarm maintenance and repair services for the Police
Administration and Holding Facility, as set forth in Exhibit A, attached hereto. City may require
additional services or parts, which may be approved by a writing executed by the Executive
Director of Finance and Management Services or his designee.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its test and
inspection services, the rates and charges set forth in Exhibit A. City may expend up to
$10,000 for additional parts and services requested by City. Said parts shall be priced pursuant
to Contractor's Parts Price List on file with the City's Building Maintenance Superintendent.
The total sum to be expended under this Agreement shall not exceed $32,960.00, annually,
during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2007, unless terminated earlier in accordance with Section 12, below. The term of
this Agreement may be extended for up to two additional one-year terms, at the option of the
City.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
S. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Contractor's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per
occurrence. Contractor shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
2
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
3
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
(714) 647-6956 (telefacsimile)
With courtesy copies to:
Finance and Management Services Agency
Building Maintenance Division
City of Santa Ana
20 Civic Center Plaza (M-20)
Santa Ana, California 92702
telefacsimile (714) 647-5421
4
and: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: Siemens Building Technologies
10775 Business Center Drive
Cypress, California 90630
Fax: (714)908-1619
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
5
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Contractor consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
6
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~
City Manager
P A RICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
#!<AAy-&a Piiit
'P'J6SEPH W. FLETCHE
City Attorney
SIEMENS BUILDING
TECHNOLOGIES, INC.
(Name)
(Title)
Tax ID#
J~!:- (/'7{07
Service Manager
SIEMENS Building Technologies, Inc.
IV 1/::> tsusmess Center Urive
Cypress, CA 90630
!i l~. {'fJ,-1v...o,-
FtiiYt C.~~i..-.
n.J... 7I(;JW(!;'~
r{I'iin
7
Siemens Building Technologies
Fire Alarm System Testing, Inspection, and
Preventive Maintenance Specifications-
Police Department Facilities
Prepared for:
City of Santa Ana - Building Maintenance Division
Proposal date:
11/21/2006
~ "
....
. EXHIBIT A
c
\
'!
/,
I
I
I
~
,/
"
:1
~
I
"
I
I
SIEMENS
SIEMENS
Los Angeles BRANCH
10775 Business Center Drive
Cypress, CA 90630
714-761-2200
714-908-1619 EFAX
PROPOSAL # SAPDF01
PROPOSAL DATE: 11/20106
I
codeLlNK PLUS
LIFE SAFETY SYSTEM
TEST AND INSPECTION AGREEMENT
I
I
CUSTOMER
City of Santa Ana
Building Maintenance Division
20 Civic Center Plaza, Rm. B-19
Santa Ana, CA 92702
Mario Ghizzi, Bldg Mte Superintendent 714-647-5008
FACILITY LOCATION
City of Santa Ana - Police Department Facilities
Building Maintenance Division
20 Civic Center Plaza, Rm. B-19
Santa Ana, CA 92702
Mario Ghizzi, 714-647-5008
Customer agrees to purchase and Siemens Building Technologies, Inc. (Fire Safety Division) (herein after referred
to as SIEMENS) agrees to provide test and inspection services of the life safety (fire alarm) system (comprised of
the System Components identified below) by certified Siemens technicians, consisting of the following services
("Services"):
Semi-Annual System Confiquration Audit and Report
System configuration is verified during the semi-annual inspection and test and compared to the existing
records. Changes are checked and records are updated and a copy provided.
Written report of All Service Performed
A service report shall be completed for each visit detailing the purpose of the call and summarizing the work
performed.
Code Conformance
System is tested 100% annually, and documentation is done as prescribed by NFPA standards and the
requirements of the local authority having jurisdiction.
Conformance to Insurance Requirements
''System test and record keeping meelthe requirements of the insurance industry. As an oPtion. at additional
cost, if necessary the system can be certified to UL requirements.
Total System Test and Report
Components of the system are tested for proper operation and documented in the service reports as the testing
is completed.
Repair Labor
Labor to repair fire alarm devices and components found defective, as a result of normai wear and tear, will be
performed without charge during normal business hours.
Smoke Detector C1eaninq and Sensitivity Verification and Report
On a two year cycle, smoke detectors will be cleaned as required and the sensitivity will be verified. The data
will be recorded and reported. .
Initials
Page 1 of 4
.,.,--.---..-----.----.-
I
I
I I
I
I
I
I
II
ill
II
I
:I
Siemens labor and Siemens material not covered under the terms of this agreement will be charged at the
following rates.
$115.00 per hour labor rate for normal working hours.
$150.00 per hour labor rate for all work performed after hours and Saturdays.
$185.00 per hour labor rate for all work performed on Sundays and Holidays.
20% off of Material from the current User-Net price.
ANNUAllY
TESTED
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
200%
200%
100%
100%
I
SIEMENS
I
SYSTEM COMPONENTS
EDWARDS IRC-3 FIRE ALARM PANELS
FJELD TRANSPONDERS
VOICECOM
POWER BOOSTERS
REMOTE CONTROUANN PANELS
REMOTE GRAPHIC PANElS
NCCNT COMPUTERS
ADDRESSABLE SMOKE DETECTORS
ADDRESSABLE HEAT DETECTORS
ADDRESSABLE Dua DETECTORS
ADDRESSABLE PULLSTATJONS
TAMPER MONITOR MODULE
WATER FLOW MONITOR MODULE
SPEAKERS OR HORNS
STROBES
QUANTITY
3
3
6
6
3
1
1
817
57
82
86
52
31
79
68
Other services provided to the clJstomer by Siemens'
SYSTEM COMPONENTS
. SPEAKERS OR HORNS AND STROBES
PHONE JACKS
DOOR HOLDERS
DIGITAL DIALER
Printer
OUANTITY
104
5
20
1
1
Includes parts/equipment replacements up to $500 per device due to normal ~ear and tear/ordinary use.
Includes Denka Lift Rental to test (6) Atrium detectors. (High Access)
Includes labor for 24 hour-emergency services to be provided upon the facility's request.
Exclusions: All pre~existing conditions including wiring.
Initial Term: Three (3) Years
Initial Annual Fee for the first year of the Initial Term: $22,960.00
Subsequent years will annually escalate: Per Article 5.4 of the Terms and Conditions
BETWEEN CUSTOMER'
BY: (PLEASE PRINT)
SIGNATURE:
DATE
,
TITLE:
P.O. NUMBER
Initials
BY:
BY:
Jim Howe
Service Sales Manager
START DATE:
DATE
Page 2 of4
ANNUAllY
TESTED
100%
100%
100%
100%
100%
I
SIEMENS
TERMS AND CONDITIONS
Article 1: General
1.1 (a) This Agreement constitutes the enUre, complete and exclusive agreement betwe~n the parties relating to the services rServlces") to be provided by SIEMENS and
supersedes and cancels all prior proposals, agreements and understandings, written or oral, relating to the subject matler of this Agreement. Neither party may assign the
Agreement or any rights or obligations hereunder without the prior written consent of the other, except that either party may assign this Agreement to Its affiliates and SIEMENS
may gran! a security interest in the Agreement; assign proceeds of the Agreement; and/or use subcontractors in performance of the Services. The terms and conditions of this
Agreement shall not be modified or rescinded except in writing, signed by SIEMENS and Customer.
(b) Nothing contained in this Agreement shall be construed to gIve any rights or benefits to anyone other than the Customer and SIEMENS without the express written consent of
both parties. All provisions of this Agreement allocating responsibilIty or liabiJity between the parties shall sUNive the compietion of the SeNices and termination of this Agreement.
1.2 This Agreement shall be governed by and enforced In accordance with the laws of the State of New Jersey. Any litigation arising under this Agreement shan be brought In
the State or Commonwealth in which the SeNlces are provided to Customer. The parties waive any right to a jury trial on matters arising out of this Agreement.
1.3 This Agreement shall automatically renew for successive one (1) year periods begInnIng on the anniversary date of the Initial Term unless stated otherwise in the Agreement.
Article 2: Covered EqUipment
2.1 "Covered equipment" shalt mean that equipment expressly identified as System Components in this Agreement. The Customer represents that at the commencement of
this Agreement al1 Covered Equipment Is In satisfactory workIng condmon and complies with all applicable codes.
2.2 If the fire or life safety system comprised of the Covered Equipment does not compIywith all applicable codes or If removal of any Covered Equipment from coverage would
compromise or impair the Integrity or the compliance with law of any system or SeNices, and Customer fails to take corrective action, then SIEMENS may terminate this
Agreement without further obligation and retain all monies received pursuant to this Agreement.
2.3 All testing and inspection of any Covered Equipment provided for In this Agreement w1l1 be performed at the time and place and In the manner deemed appropriate by
SIEMENS, In accordance with applicable law and the requirements of then current National FIre Protection Association ("NFPAj guidelines and other relevant standards.
Customer is solely responsible for, and hereby indemnifies arid holds SIEMENS harmless from and against, any liability arising from Customer's specification of a testing
schedule other than then current NFPA or other applIcable standards or laws.
2.4 If the Covered Equipment Is altered or moved by any person, including Customer, other than SIEMENS or a person authorized by It, Customer shall Immediately notify
SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or, If necessary, a recommissioning of the s~tem at Customer's expense.
Reacceptance tests will be performed in accordance with then currant NFPA or other applil;able requirements, and charged on a time and materials basis.
Article 3: Services by SIEMENS
3.1 SIEMENS shall only perform the Identified SeNices for and upon Covered Equipment
3.2 SIEMENS shall have no liability or obligation to continue providing SeNices in the event Customer falls to (a) authorize a reacceptance test or recommissloning that
SIEMENS reasonably deems necessary; (b) notify SIEMENS of any modifications or changes to the Covered Equipment or unusuaI or materially changed operating
conditions, hours of usage, system malfunctions or building alterations that may affect the SaNices; (c) provide the access to any sita where SeNlces are to be perfonned;
or (d) operate, seNlce or maintain the Covered EquIpment in accordance with manufacturer's or supplier's instructions or this Agreement.
3.3 This Agreement is only for testing and inspecting the Covered Equipment. SeNlces do not Include and SIEMENS Is not responsible for (a) any maintenance, repair or
replacement of, or seNice of the Covered Equipment or any other equipment for any reason; (b) service or provision of consumable supplIes, Including but not limited to batteries
and halon cylinder charging; (c) reinstallation or relocation of Covered Equipment; (c) painting or refinishing of Covered Equipment or surrounding surfaces; (d) changes to
Services; (e) parts, accessories, attachments or other devices added to Covered Equipment but not furnished by SIEMENS; (f) failure to continually provide suitable
operating environment Including, but not limited to, adequate space, ventilation, electrical power and protection from the elements; or (g) the removal or reinstallation of
replacemant valves, dampers, waterflow switches, venting or draining systems. SIEMENS Is not responsible for s9Nlces performed on any Covered Equipment other than by
SIEMENS or Its agents.
3.4 The SeNlces shall be performed in a manner consistent with the degree of care and skIll ordinarily exercised by persons performing the same or similar Servlces in the same
locale under simJlar circumstances and conditions.
3.5 SIEMENS shall perform the SeNices during its local, nonnal working hours, unless otherwise agreed in this Agreement.
3.6 SIEMENS Is not required to conduct safety or other tests, Install or maintain any devices or equipment or make modifications or upgrades to any equipment beyond the scope
of this Agreement. Any request to change the scopa or the nature of the SeNlces must be In the form of a mutually agreed change order, effective only when executed by all
partles hereto. '
3.7 Ali reports and drawings SPecifically prepared for and deliverable to Customer pursuant to thls Agreement ('DeIiv~bles") shall become Customer's property upon full
payment to SIEMENS. SIEMENS may retain file copies of such DeJiverables. All other reports, notes, calculations, data, drawings, estimates, specifications, manuals, other
dOcuinents and all computer programs, codes and computerized materials prepared by or for SIEMENS are instruments of SIEMENS' work {"Instruments"} and shall remain
SIEMENS' property. Siemens conveys no license to software unless otherwise expressly provided in this Agreement. All Dellverables and Instruments provided to Customer
are for Permitted Users' use only for the purposes disclosed to SIEMENS, and Customer shall not transfer them to others or use them or permit them to be used for any extension
of the Services or any other purpose, without SIEMENS' express written consent. Any reuse of DellverabIes or Instruments for other projects or locations without the WJitten
consent of SIEMENS, or use by any party other than Permitted U:;;ers, will be at PermItted Usars' sole risk and without liability to SIEMENS; and, In addition to any other
rights SIEMENS may have, Customer shall indemnify, defend and hold SIEMENS harmless from any claims, losses or damages arising therefrom.
3.6 Customer acknowledges that SIEMENS, In the normal conduct of its business, may use concapts, skilis and know-how developed while performing other contracts.
Customer acknowledges the benefit which may accrue to it though this practice, and accordingly agrees that anything In this Agreement notwithstanding Siemens rnay
continue, without payment of a royaity, thls practice of using concepts, skills and know-how developed while performing this Agreement.
Article 4: Responsibilities of Customer
4.1 Customer, without cost to SIEMENS, shall;
(a) Designate a cOntact person with authority to make decisions for Customer regarding the SeNices and provide SIEMENS with information sufficient to contact such person
In an emergency. If such representative cannot be reached, any request for work received from a person located at Customer's site wiil be deemed authorized by Customer, and
SIEMENS will, in its reasonable discretion, act accordingly; ,
(b) Provide or arrange wllhout cost all reasonable provisions, means and access for SIEMENS to any site and the equipment where SeNices are to be performed;
(c) Permit SIEMENS to control and/or operate all controls, systems, apparatus, equipment and machinery necessary to perform the SeNlces;
(d) Furnish SIEMENS with all available information pertinent to the SeNices;
(e) Obtain and furnish to SIEMENS all approvals, permits and consents from government authorities and others as may be required for performance of the Services except for
those SIEMENS has expressly agreed in writing to obtain;
(f) Maintain the SeNices site in a safe condition; notify SIEMENS promptly of any site cQndltlons requiring special care; and provide SIEMENS with any available documents
describing the quantity, nature, location and extent of such conditions;
(g) Comply with all laws and provide any notices required to be gIven to any government authorities in connection with the Services, except such notices SIEMENS has
expressly agreed in this Agreement IDgive;
(h) Provide SIEMENS with Material Safety Data Sheets (MSDS) conforming to OSHA requirements related to all Hazardous Materials at the site which may impact the SeNices;
(i) Furnish to SIEMENS any contingency plan;i related to the site;
(iJ FurnIsh the specified operuting environment, Including without !imitation, suitabIe, clean, stable, properly conditioned electricai power and other utilities; and
(k) Maintain all Covered Equipment in good working order in compliance with all applicable Iaws and seNlce, repair and replace all Covered Equipment as necessary.
4.2 Customer acknowledges that the technical and priclng Information herein is proprietary to SIEMENS and agrees not to disclose or otherwise make It available to others.
4.3 Customeracknowiedges that ills now and shall be at all limes in control of the Services sile. SIEMENS shall not have any responsibility, duty or authority to direct, sUp6Nlse
or oversee any employees or contractors of Customer or their work or to provide the means, methods or sequence of their work or to stop their work. SIEMENS' work and/or
presence at a site shall not relieve others of their responsibility to Customer or to others. Except as expressIy provided herein, SIEMENS is not responsible for the adequacy of
the health, safety or security programs or precautions related to Customer's or its. other contractors' activities or operations; the wOl'k of any.other person or enUty; or Customer's
Initials
Page 3 of 4
SIEMENS
sile conditions. SIEMENS Is not responsible for inspectlng, observing, reporting or correcting health or safety conditions or deficiencies of Customer or others at Customer's site.
So as nol to discourage SIEMENS from vOluntarily addressing such issues, In the event SIEMENS does make observations, reports, suggestions or otherwise regarding such
Issues, SIEMENS shall not be liable or responsible for same.
4.4 Except as expressly stated in this Agreement, Customer is solely responsible for any removal, replacement or refinishing of the building structure or finishes that may be
required to perform or gain access to the Services.
4.5 Customer alone shall act to protect life and property from the time a partial or full system failure occurs until SIEMENS notifies Customer that such system is
operational or the emergency has been cleared. Customer's actions shall include all appropriate interim safety precautions (such as a manual "fire watch"). SIEMENS
shall have no obligation to provide guards, fire watch personnel, or other services following a system failure, except Services as are specifically provided for in this Agreement.
4.6 Customer shall not allach to the system or Covered Equipment any device that Interferes with the Services orthe proper operation of the system or Covered Equipment.
Article 5: Compensation
5.1 Unless otherwise agreed in writing, this Agreement is not cancelable and the annual fee is not refundable except as provided herein.
5.2 SIEMENS shall invoice Customer as provided in this Agreement, or if not expressly provided, then on an annual basis prior to the Start Date and annually thereafter on the
anniversary of such Start Date. Invoices are due arid payable net cash upon receipt unless Customer has applied and been approved for credit with SIEMENS, In which case the
Invoice is payable within 30 calendar days of receipt by Customer or as othSlWise set forth In this Agreement. If any pa~ent is not received When due, SIEMENS may deem
Customer to be in breach hereof and may enforce any remedies available to it hereunder or at law, including without limitation, acceleration of payments and suspension or
tennlnation of Services at any time and without notice, and shall be entitled to compensation for Services previously perfonned and costs reasonably incurred In connection with
the suspension or tennlnation. Any amount not paid within 30 calendar day.> of InVoice receipt shall accrue interest from the date due, until paid, at the rate of 12% per annum.
Customer shall reimburse SIEMENS' costs and expenses Oncluding reasonable attorneys' and witnesses' fees) incurred for colIection under this Agreement. If Customer disputes
any portion or all of an invoice, it shall notify SIEMENS in writing of the amount in dispute and the reason for its disagreement within 21 days of receipt of the Invoice. The
undisputed portion shail be paid when due, and interest on any unpaId portion shall accrue as aforesaid, from the date due until paid, to the extent that such amounts are finally
determined to be payable to SIEMENS.
5.3 Except to the extent expressly agreed in this Agreement, SIEMENS' fees do not Include any taxes, excises, fees, duties, pennits or other govemment charges related to the
Services. Customer shall pay such amounts or reimburse SIEMENS for any amounts it pays. If Customer claims a tax exemption or direct payment permit, it shall provide
SIEMENS with a valid exemption certificate or permit and indemnify, defend and hold SIEMENS harmless from any taxes, costs and penaltfes arising out of same.
5.4 The pricing for each year after the first year of the Agreement and each year of each renewal of the Agreement shall be determined as the Immediate prior year price
plus a price escalator based upon the U.S. Department of Labor, Bureau of Labor Statistics Urban Consumer Price Index-AII Urban Consumers, U.S. All Items, 1982-
1984=100 ("CPI-U"). In addition, each renewal term pricing shall be adjusted for any additions or deletions to Services selected for the renewal term. The price escalator
shall be the latest semi-annual CPI-U identified above published prior to each annual anniversary. This escalator shall be applicable to each annual term, whether a
renewal term or an annual tenn after the first year of the Initial Term. In any event, the escalator shall neither exceed 5.0% nor be less than 3.0%.
Article 6. Changes; Delays; Excused Performance
6.1 As the Services are performed, conditions may change or circumstances outsIde SIEMENS' reasonable control (such as changes of law) may develop which require
SIEMENS to expend additional costs, effort or time to complete the Services, in which case SIEMENS shall notify Customer and an equitable adjustment made to the
compensation and time for performance. In the event conditions or circumstances require Services to be suspended or terminated, SIEMENS shall be compensated for Services
performed and for costs reasonable incurred in connection with the suspension or termination.
6.2 SIEMENS shall not be responsible for loss, delay, Injury, damage or failure of performance that may be caused by circumstances beyond its control, Including but not
limited to acts or omissions by Customer or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft,
corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays In transportallon, or shortage
of
vehicles, fuel, labor or materials. In the event of any such circumstances, SIEMENS shall be excused from perfOlTllance of the Services and the time for performance shall be
extended by a period equal to the time lost plus a reasonable recovery period and the compensation equitably adjusted to compensate for additional costs SIEMENS incurs due
to such circumstances.
Article 7: Allocation of Risk
7.1 EXCEPT SUCH OBliGATIONS EXPRESSLY STATED iN THIS AGREEMENT, SIEMENS EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES,
STATUTORY, EXPRESS, OR IMPliED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE.
SIEMENS MAKES NO WARRANTY, EXPRESS OR IMPliED, THAT ANY SERVICES PROVIDED HEREUNDER WILL PREVENT ANY LOSS, OR WILL IN All CASES
PROVIDE THE PROTECTION FOR WHiCH IT IS PERFORMED OR INTENDED. THE EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS
AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING SIGNED BY AN OFFICER OF SIEMENS.
7.2 Customer hereby, for it and any parties claiming under it, releases and discharges SIEMENS from any liability arising out of all hazards covered by Customer's
Insurance, and all claims against SIEMENS arising out of such hazards, Including any right of subrogallon by Customer's insurance carrier, are hereby waived by Customer.
7.3 Anything herein notwithstanding, In no event shall either party be responsible under this Agreemeni for Incidental, consequential, punitive, exemplary or special damages,
Including without limitation lost profits, loss of use and/or lost business opportunities, 'whether arising In warranty, late or nori-delivery of any Services, tort, contract or strict
lIability, and regardless of whether either party has been advised of the possibility of such damages and, in any event, SIEMENS' aggregate liabJllty for any and all claims,
Josses or expenses (including attorneys fees) arising out of this Agreement, or out of any Services fumished under this Agreement, whether based In COlltract,
negligence, strict liability, agency, warranty, trespass, indemnity or any other theory of liabIlity, shall be limited, as liquidated damages, to the greater of $1,000 or 10% of
the total compensation received by SIEMENS from Customer under this Agreement. SIEMENS reserves the right to control the defense and settlement of any claim for which
SIEMENS has an obligation to indemnify hereunder. The parties acknowledge that the price which SIEMENS has agreed to perform its Services and obligations under this
Agreement is calculated based upon the foregoing limItations of liability, and that SIEMENS has expressly relied on, and would not have entered into this Agreement but for such
IImilationsofliability.
7.4 It is understood and agreed by and between the parties that SIEMENS is not an insurer and this Agreement is not intended to be an Insurance policy ora substitute
for an insurance policy. Insurance, if any, shall be obtained by Customer. Fees are based solely upon the value of the Services, and are unrelated to the value of
Customer's property or the property of others on Customer's premises.
Article 8: Hazardous Materials Provisions
8.1 The Services does not include directly or indirectly performing or arranging for the detection, monitoring, handling, storage, removal, transportation, disposal or treatment of
Oii or Hazardous Materials. Except as disciosed pursuant to this Articie, Customer represents that, to Its best knO\o\lledge, there is no asbestos or any other hazardous or toxic
materials, as defined In the Comprehensive Environmental Response, Compensation and liability Act of 1980, as amended, the regulations promulgated thereunder, and other
applicable federal, state or local law C'Hazardous Materials"), present at Customer's Sites where the Services are performed. SIEMENS will notify Customer immediate,ly If it
discovers or suspects the presence of any Hazardous Material. Ail Services have been priced and agreed to by SIEMENS In reliance on Customer's representations as set forth
in this Article. The presence of Hazardous Materials constitutes a change in this Agreement whose terms must be agreed upon by SIEMENS before its obligations hereunder
shall continue. ,
8.2 Customer Is solely responsible for testing, abating, encapsulating, removing, remedying or neutralizing such Hazardous Materials, and for the costs thereof. Customer Is
responsible for the proper disposal of all Hazardous Materials and Oil that at any time are present at the ServIces site in accordance with all applicable federal, state, and local
laws, regulations, and ordinances. Even if change order has been entered into pursuant to this Article, SIEMENS shall have the right to stop the Services until the site is free from
Hazardous Materials. In such event, SIEMENS shall receive an equitable extension of time to complete the Services, and compensation for delays caused by Hazardous
Materials remediation. In no event shail SIEMENS be required or construed to take title, ownership or responsibIlity for such Oil or Hazardous Materials. Customer shall sign any
required wasle manifests in conformance with ail government regulations, listing Customer as the generator of the waste.
8.3 Customer warrants that, prior to the execution of this Agreement, It shall notify SIEMENS in writing of any and all Hazardous Materials which to Customer's best knowledge
are present, potentially present or likely to bacome present at the Services site and shall provide a copy of any site safety policies, including but not limited to lock-out and tag
procedures, chemical hygiene plan, MSDSs or other items required to be disclosed or maintained by federal, state, or locai laws, regulations or ordinances.
8.4 Customer shall indemnify, defend and hold SIEMENS harmless from and against any damages, losses, costs, liabilities or expenses Oncludlng attorneys' fees) arising out
of any Oil or Hazardous Materials orfrom Customer's breach of, or failure to perform its obligations under this Article.
[,
Initials
Page 4 of 4
Ii
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
Marsh, Inc.
1/8/2007 11:31 AM PAGE
2/004
Eastern Time Zone
,
ACORD
DATE (IIM!DDIYY)
01/08/07
THIS CERTI~ICATE IS ISSUED AS A MATTER O~ IN~ORMATION
ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATE
HOLDER. THIS CERn~ICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES MFORDINO COVERAOE
PRODUCER
MARSH USA INC
44 WHIPPANY ROAD
P.O. BOX 1958
MORRISTOWN, NJ 07982-1958
l00129-6-7BA-08107
71
1185
COM,",ANY
A GERLING AMERICA INSURANCE COMPANY
""REO
SIEMENS BUILDING TECHNOLOGIES, INC
1000 DEERFIELD PARKWAY
BUFFALO GROVE, IL 80089-4513
COMPAAlY
B LIBERTY MUTUAL FIRE INSURANCE COMPANY
COMPANY
C LIBERTY INSURANCE CORPORATION
COM,",ANY
D
THIS IS TO CERTIFY THAT THE PO-ICES CF INSJRANCE LISTED BELCMf HAVE BEEN ISSUED TO THE INSURED NAM:D ABOVE FOR THE POLICY PERIOD
INDlCA'TED, NOlWlTHSTANDING ANY REWIREhENT, TERM CR CONDlllON OF ANY C(JIIlRACT CR OlHER OCX:UIENT \/'JITH RESPECT TO WHICH THIS
CERllFICAlE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PQ.IClES DESCRIBED HEREIN IS SUB..ECT TO ALL THE TERMS,
EXCLUSIONS AND CONDI11OlS CF SUCH POuces, AGGREGATE LIMITS SHaN.! MAY HAVE BEEN REDUCED BY PAID a.AIMS.
co ' TYPE OF t.l5URMtCE PQJCY NUMIER PQ.lCfEFFECTIVE POUC'Y EXPIRATION UIlITS
LTR DATE (IIMID01YY) DATE (MM,uDIVYI
A GENERAL LIAEILlTY 7200509 GlP 10/01/08 1 0101107 GENERAL AGGREGATE $ 10,000,000
X COMMER.OAL CENE;R.AL LlASIUTI' PROOUCfS - COMPKP AGG $ INCL.
Q.A1MSM/oOE 0 ocaJR PERSCl'l...... & JOV INJURY $ 1,000,000
O'NNffi'S & CONTRACfOR'SPROT I;;AO-l OCCURRI;;NCI;; $ 1,000,000
FIRI;;DN.o1A.GI;;(M)'onllfire) $ 1,000,000
I MED EXP Jtn 0111 IlrMn $ 100,000
B AUTOMOBILE LIABILITY AS2.e31-Q04334-218 10101/08 10/01/07 $ 2,000,000
COMBINED SINGLE LIMIT
X J.NY~TO
X )IlL~ED.Al.JTOS BOOILYINJURY $ N/A
b....-',c:uULED AUTOS (Perpersm)
X HIRED ALlTOS BOOllYINJURY NIA
X (PwaOOd8'ltj $
NON..QoM\lEQ AUTOS
PROPERTY DAMAGE $ NIA
GARAOE llAElLllY AUTO ONLY. EAACODENT
ANY KJTO OTHER THAN A1JTOONLY'
I;;Ao.I AOODI;;NT $
AGGREGATE $
ellCCSILJASlLITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
O1'i1ER THAN UMERELlAFORM $
C WORKERS COMPENSATIOIll AIlID WA7.e3D-Q04334-018 (AOS) 10101/08 10/01/07
EMPLOYERS'LIABLIlY
C WC7.e31-OO4334-026 (OR, WI) 10101/06 10/01107
C THE PROPRIET(Rr X lNa. EWl.e3N-Q04334-0<16 (WA) 10101/08 10/01/07 DISEAS'" - POJCV LI MIT
PMTNERS'EXEa.JT1Vi: EXa. $SOOK LIMIT 1 $SOOK SIR
OFFI CERa PRE' DISI;;AS'" -EACH EMPLOYEE
DESCRIPTION OF OPERATICW.....OCA11ONSfVEHIClESlSPEcw. ITEMS
RE: 4ll1330.
'V~7
/; .-...::
t\ \ f\ 1'-- I. ()
C;1:'"' !
SHOULD AMY OF THE ABOVE DEaCRISEO POLICIES BE CANCELLED BEFORE THE
EllPIRATION DATE THEREOF, THE INSURANCE Ca.lPANY WI.L ENDEAVOR TO MAIL
~_ CAYS WRmEN NOTICE TO THE CERlFlCATE HOLDER NAIlED TO THE LEFT,
BUT FAILURE TO MIlL SUCH NOTICE SHALL liPaSE NO OBLIGATION OR LIA8IUlY OF
Nf'( KIND UPON THE COMPANY, ITI AGENTS ~ REPRESENTATIVES_
AUTHORIZED REPRE SENTATIVI: WI'!JI~}I<to?,;.t'"..... ~~ ~ _ ~
Mary Radaszewski ,~ UJt 'S'
CITY OF SANTA ANA
ATTN: ClERKOF THE CITY COUNCil
20 CIIIIC CENTER PLAZA (M-30)
P.O. BOX 1986
SANTA ANA, CA 92702-1966
(c-'.
Marsh, Inc.
1/8/2007 11:31 AM PAGE
3/004
Eastern Time Zone
..
I
DATE (JIMIDDf'I'Y)
01/0S/01
COMPANIES A~~O~DING COVEUGE
.
j
MARSH USA INC.
44 WHIPPANY ROAD
P.O. BOX 195e
MORRISTOIMl, NJ 0711ll2-195e
COJI~}lNY
E
COMPANY
F
l0012~7BA-oe/07
71
1185
INSURED
SIEMENS SUILDING TECHNOLOGIES, INC.
1000 DEERFIELD PARKWAY
D' ""Tf),LO GROVE, IL 60089-4513
CO..1PA'llY
G
co..1P1NY
H
RE: 401330.
THE CITY OF SANTA ANA, 20 CII/IC CENTER PLAZA, SANTA ANA, CAUFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENTS, IIIDLUNTEERS AND
REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE
LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND
NON-CONlRIBUTORY INSURANCE TO THE EXTENT THAT A CLAM ARISES FROM THE NEGLIGENCE OF SIEMENS BUILDING TECHNOLOGIES
INC. OR ITS SUBCONlRACTORS WITH RESPECT TO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECT TO ALL WORK PERFORMED
BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS BUILDING TECHNOLOGIES, INC FOR CERTIFICATE HOLDER UNDER CONTRACT.
CITY---OF SANTA ANA
ATTN: CLERKOF THE CITY COUNCIL
20 CIVIC CENTER PLAZA (M-30)
P.O. BOX 1988
SANTA ANA, CA 92702-1968
I~>, I'
/7 J-"', ,_' ~
(/_/ -
MARSft USA NC. BY
Marsh, Inc.
1/8/2007 11:31 AM PAGE 4/004 Eastern Time Zone
POLICY NUMBER: 7200509 GLP
COMMERCIAL GENERAL LIABILITY
CG20101185
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
ANY PERSON OR ORGANlZAnON REQUI"ED BY WRITTEN CONTRACT
(If no entry appears ebove, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to lIabillly arising out of)'our work" for that Insured by or for you.
V/(..
( ':/// ;) .5
CG20 10 1185
COpyright, Insurance Services OffIce, Inc., 1984
Page1of1
D
MMC
2/20/2008 5:59 PM PAGE
2/004
Eastern Time Zone
..
PRODUCER
MARSH USA, INC.
44 VlJHIPPANY ROAD
P.O. BOX 1966
MORRISTOVIIN, NJ 07962-1966
DATE (lINIDDIYY)
02120/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIQHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE OOVERAQE AFFORDED BY THE POLIOIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
loo129~7BA-07/08
609
0704 XXXX
A
GERLING AMERICA INSURANCE COMPANY
INSURED
SIEMENS BUILDING TECHNOLOGIES, INC. 'A-2003-022
1000 DEERFIELD PARKWAY ~ " '"
BUFFALO GROVE, IL 60089-4513 !A-2003-022-01
'A-2006-116
!~-2006-330
COMPANY
B LIBERTY MUTUAL FIRE INSURANCE COMPANY
COMPANY
o LIBERTY INSURANCE CORPORATION
COMPANY
D
THIS IS TO CERllFY lrIAT THE PQ.IOES a= INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAWED ABCNE FOR lrIE POLICY PERIOO
INDICA 'TED, NOlWlTHSTANDING ANY REWIRENENT, 'TERM CR ~DI1lON OF ANY ~TRACT CR OTHER DOCUroENT WITH RESPECT TO WHICH THIS
CERllFICA'TE MAY BE ISSUED OR MAY PERTAIN, lrIE INSURANCE AFFORDED BY lrIE PQ.IOES DESCRIBED HEREIN IS SUB.ECT TO ALL lrIE TERMS,
EXCLUSIOOS AND ~DI1lONS OF SUCH POUOES. AGGREGA'TE LIMITS SHOMII MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co ~!PE OF tlSURllNCE PQ.ICY NUMBER PQ.ICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (lIMIDDIYY) DATE (lII/1IDDIYYI
A GENERAl LIAEIILITY 7200509 GLP 10101/07 1 0/01108 GENERAl AGGREGATE $ 10,000,000
X COMMEROAl GENERAL lIABllIlY PRODUCTS - CaMP/a> AGG $ INCL.
CLAIMS MADE ~ OCCUR PERSONAl &,ooV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EAOI OCCURRENCE $ 1,000,000
$ 1,000,000
$ 100,000
B AUTOMOBILE LIABILITY AS2~l-004334-217 10/01/07 10/01/08 $ 2,000,000
OOM81NED SNGLE LIMIT
i
X MV AUTO
X AlL CMNED AUTOS 80DIL Y INJURY $ NIA
~EDULED Al.;TOS (Per perscnJ
X HIRED AUTOS 80DILYINJURY NIA
X (Per arod"'tJ $
NON-CM.NED AUTOS
PRa:>ERlY DAMAGE $ NIA
OARAOE LIAEIILITY !\UTa ONLY - EAACODENT $
...............................................;....
ANY AUTO OTHER THAN AUTO ONLY' _~.~'4f::_-::_-:_._._.:\!,%~.:._-_-.-_.
EAOI AOODENT $
AGGREGATE $
EXCESS LIAIILITY Ei'CH OCCURRENaE $
UMBRELLA FORM AGGREGATE $
,
~ER THAN UMBRELLA FORM $
,C WORKERS COMPENSATION AND WA7~D-004334-017 (AOS) 10/01/07 10/01/08 GTH,"':-- ......._.............:.::.::.:::.?:~~t;:.:::
EM PLOYERS' LlABlLnv ER ............................................':i:.
C WC7-831-OO4334-027 (OR, WI) 10101/07 1 0/01/08 $ 1,000,000
C THE PROPRIETCR/ X INCl EWl-83N-004334-047 (OH) 10/01/07 10101/08 DISEAI'E . PQICY LI MIT $ 1,000,000
PARTNER~EXEClIl1'IE
OFFI aERS ME EXCl $5OOK LIMIT I $SOOK SIR DISEAI'E . EACH EMPLOYEE $ 1,000,000
DESCRIPTION OF OPERATIONSIlOCATlONSIVEHICLESlSPECIAL ITEMS
RE: 609- CITY OF SANTA ANA ENERGY AUDIT
SEE ATTACHED
CllY OF SANTA ANA
AnN: CLERKOF THE CITY COUNCIL
20 CIVIC CENTER PLAZA (M-30)
P.O. BOX 1988
SANTA ANA, CA 92702-1988
SHOULD ANY OF THE ABOVE DESCRIlED POLlaES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURANCE CONPANY WILL ~ MAIL
.:~_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
~ ~~
li)0()QiOO(~~)Ii1Q(~lQO(~~~
AU 11IDRIZED REPRESEIITAlIVE owihI A~...... /7 ttI, /a .
March USAlnc. .n.-. UlilI fI"~--"" ~-
BY: Mary RadaszllNSki
MMC
2/20/2008 5:59 PM PAGE
3/004
Eastern Time Zone
.
PRODUCER
MARSH USA, INC.
44 WHIPPANY ROAD
P.O. BOX 1966
MORRISTO\l\lN, NJ 07962-1966
DATE (MMIDD1YY) *
02/~O(QB ,.""._..1
COMPANIES AFFORDING COVERAGE
Ca"P~Y
E
COMPANY
II'
100129-6-7BA-07/08
609
0704 XXXX
INSURED
SIEMENS BUILDING TECHNOLOGIES, INC.
1000 DEERFIELD PARKWAY
BUFFALO GROVE, IL 6008~13
~P~Y
G
~P~Y
H
RE: 609- CITY OF SANTA ANA ENERGY AUDIT
THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND
REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE
LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND
NON.cONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS BUILDING TECHNOLOGIES
INC. OR ITS SUBCONTRACTORS "WITH RESPECT TO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECT TO ALL WORK PERFORMED
BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS BUILDING TECHNOLOGIES, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT.
CITY OF SANTA ANA
ATTN: CLERKOF THE CITY COUNCIL
20 CIVIC CENTER PLAZA (M-30)
P.O. BOX 1988
SANTA ANA, CA 92702-1988
lIa"'" USA I...
f~'.:::'---"'.
~~
MMC
J
2/20/2008 5:59 PM PAGE
.
POLICY NUMBER: 7200509 GLP
4/004
Eastern Time Zone
COMMERCIAL GENERAL LIABILITY
CG 20 10 0704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, lESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s :
MY PERSON OR ORGANIZATION REQUIRED BY
WRITTEN CONTRACT
LOCIItlon. Of Covered 0 tions
ALL LOCATIONS WHERE THE INSURED IS
PERFORMING ONGOING OPERATIONS FOR
AN ADDITIONAL INSURED AS REQUIRED BY
WRITTEN CONTRACT
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" I "property
damage" or "personal and advertising injury"
caused, in whole or In part, 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) desig-
nated above.
B. With respect to the insurance afforded to these
aQditional insureds. the following additional exclu-
sions apply: ..
This insurance does not apply to -bodDy Injury" or
"property damage- occurring after:
1. All work, including materials, parts or equip-
ment furnished In connection with such WOI1t,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the addltlonallnsured(s) at the location of the
covered operations has been completed; or
2. That portion of "your WOJ1<" out of which the
injury or damage arises has been put to its in.
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project