HomeMy WebLinkAboutSIEMENS BUILDING TECHNOLOGIES - 2002Ir~~~RANC~ OIV FILE
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CONSULTANT AGREEMENT
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A-2002-161
C (' ` ~ a THIS AGREEMENT, made and entered into this ~~day of August 2002 by and
~~ ~ between Siemens Building Technologies, Landis Division, California Corporation (hereinafter
"Consultant"), 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").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the energy
conservation field including professional design, construction and implementation of
energy conservation projects.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant 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
1. Consultant shall perform performs a professional energy audit of the City Facility's
as set forth in Exhibit A to this agreement.
City shall assist the Siemens Building Technologies, Landis Division engineering staff
with the audit by providing historical energy records, full access to building equipment, accurate
occupancy levels, building operating schedules and any other reasonable information necessary
to conduct a professional energy audit and final project development
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $35,000.00 during the term of this Agreement. Any and all
compensation paid by City to Siemans pursuant to this agreement shall be refunded to City upon
City election to retain Siemans to implement the energy conservation project.
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
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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 March
31, 2003 unless terminated earlier in accordance with Section 12, below. The term of this
Agreement maybe extended upon a writing executed by the Executive Director of the Public
Works Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant 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
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant 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.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insureds) 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 Consultant'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. Consultant 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, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant 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 Consultant
pursuant to this section:
(i) Consultant 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 Consultant 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 affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant 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
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) 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 Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 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 Consultant 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.
7. CONFIDENTIALITY
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If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant 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:
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
Santa Ana, California 92702
telefacsimile (714) 647-5622
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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 Consultant:
David Fasig; Operations Manager.
Siemens Building Technologies,
10775 Business Center Drive,
Cypress, California 90630.
Phone: (714) 816-5101.
Fax: (714) 826-9592.
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
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, any notice, tender, demand, delivery, or
other 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
Consultant, and supersedes any and all other agreements, oral or written, between the parties. h1
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 Consultant. 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 Consultant 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
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Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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 consultants retained by City.
12. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant 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 Consultant 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 bylaw, and Consultant 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
Consultant 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. Consultant 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 and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. 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
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
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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. Consultant 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
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.
ATT T:
TRICIA E. HEAL
Clerk of the Council
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CIT~OF ~ AN A
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DAVID N. REAM
City Manager
APPROVED AS 'FO FORM:
JOSEPH W. E CH R
City Attorney
D FOR APPROVAL:
~~
~' Jams . Ros
Executive Dir ctor
Public Works Agency
CONSUL NT
Brian ynch; General Manager.
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Employer ID # or Individual SS #
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July 29, 2002
Ms. Teri Cable
City of Santa Ana
Administrative Services Manager
Administrative Services Division
Public Works Agency
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Dear Ms. Cable:
Siemens Building Technologies is excited about the developing and evolving
partnership with the City of Santa Ana with regard to energy conservation and
energy related capital improvements with the City of Santa Ana.
The next evolutionary step is for Siemens Building Technologies to perform our
final engineering analysis for the eleven (11) sites, which we will be examining in
this program. These sites include:
• City Hall
• Main Library
• Newhope Library
• McFadden Library
• City Yard
• Southwest Senior Center
• Senior Citizens Center
• Corbin Center
• Santa Anita Center
• Jerome Center
• EI Salvador Center
EXHIBIT A
Siemens Building Technologies, Inc.
10775 Business Center Drive Tel: (714) 761-2200
Cypress, CA 90630-5221 Fax: (714) 761-2134
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The purpose of the final engineering stage of the process is numerous and
includes but is not limited to the following items:
• Confirmation and analysis of Energy Conservation Measures (ECM'S)
and/or Facility Improvement Measures (FIM'S) be employed and
implemented on the project.
• Comprehensive analysis of facility operations to confirm how the sites
operate and design the proper Energy Conservation Methods to assist in
reducing the use of energy at these sites.
• Perform computer simulations or "Model" of facility operation to assess
current conditions with respect to utility use and predict future utility use
after Energy Conservation Measures has been implemented.
• Perform Pre-measurements and equipment use "logging" for the purpose
of assessing current operating parameters.
• Perform a thorough cost benefit analysis on each Energy Conservation
Measure and each Facility Improvement Measure to assure their
economic viability.
• Confirmation and analysis of historic Energy Usage at the sites referenced
above.
• Confirmation and analysis of Southern California Edison (SCE) Rate
Structures currently used at City Facilities.
• Utility Bill analysis for potential charge discrepancies as they relate to
rates used by SCE.
• Review various "Rebate" or "Incentive" programs offered by the local
utilities serving the City of Santa Ana and determine which type of
"incentive" program would be the most beneficial to the project which will
be implemented and to the City of Santa Ana.
• Assist City Staff in arranging financing for the project, which will include
sharing information with potential lenders with regards to reduction of
utility expenditures and anticipated utility reduction.
• Comprehensive review of entire project by Siemens Building Technologies
Corporate Engineering Staff to determine project viability and assess
Siemens Building Technologies fiduciary risk due to performance
guarantee.
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The total sum to be expended under this Agreement, for the above mentioned services
shall not exceed $35,000.00 during the term of this Agreement. Upon the City's
execution of a final agreement for Siemens to complete the work outlined above,
Siemens shall refund to the City any money spent under this agreement. Said refund
shall occur no more than (60) sixty days after final agreement to complete work as
detailed by Siemens.
We at Siemens Building Technologies feel this is going to be a very mutually beneficial
project and anticipate a very strong and successful partnership during the coming
months and years.
If you have any questions relating to the final engineering components of this project or
about Siemens Building Technologies please do not hesitate to contact me at (714)
816-1440.
Sincerely,
Siemens Building Technologies
~ !~i`~~N
Jeffery A. Prosswimmer
Account Executive
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EXHIBIT B
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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:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; 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 of liability. 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 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # .
Issued to
Named Insured
this endorsement form as a part of
Countersigned by
Authorized Representative
DATE (MMIDDIYY)
;. OF LIABILITY INSURA~E ` 09/24/02
~CbRD,~ CERTIFICA,
, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
OR
MARSH USA INC. THIS CERTIFICATE DOES NOT AMEND, EXTEND
HOLDER
44 WHIPPANY ROAD .
ALTER THE COVERAGE AFFORDED BY THE POL-CIES BELOW.
P.O. BOX 1966
~~ J
MORRISTOWN, NJ 07962-1966
/ COMPANIES AFFORDING COVERAGE
~~
~~ (~ COMPANY
~ A INSURANCE CORPORATION OF HANNOVER
100129-BA-- 609
INSURED COMPANY
B LIBERTY MUTUAL FIRE INSURANCE COMPANY
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SIEM
1000 DEERFIELD PARKWAY COMPANY
BUFFALO GROVE, IL 60089-4513 C LIBERTY MUTUAL INSURANCE COMPANY
COMPANY
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COVERAGES This Certificate supersedes and replaces any previously Issued certificate.
TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS
ONDITI ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR C
FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE A S
.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM
SUCH POLICIES
.
EXCLUSIONS AND CONDITIONS OF
CO
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY) POLICY EXPIRATION
DATE (MMIDD/YY) LIMITS
LTR
GENERAL LIABILITY ICH GL 132-02 10/01/02 10/01/03 GENERAL AGGREGATE $ 10'000'000
A COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ INCL.
X PERSONAL 8 ADV INJURY $ 1'000'OOQ
OCCUR
CLAIMS MADE
000
000
$ 1
' EACH OCCURRENCE '
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S PROT
OWNER'S 8 CONTRACTOR
1)00
000
$ 1
FIRE DAMAGE (Anyone fire) ,
,
MED EXP (Any one person) $ 1 QO'000
B AUT OMOBILE LIABILITY AS2-631-004334-032 (ADS) 10/01/02 10/01/1)3 ' COMBINED SINGLE LIMIT $ 2,000,000
X AS2-631-004334-052 (OH) 10/01/02 10/01/03
ANY AUTO
X ALL OWNED AUTOS BODILY INJURY
(Per person) $ N/A
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
(Per accident) $ N/A
X
NON-OWNED AUTOS
PROPERTY DAMAGE $ N/A
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
ANY AUTO EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE $
UMBRELLA FORM $
OTHER THAN UMBRELLA FORM
C WO RKERS COMPENSATION AND WA7-630-004334-012 (ADS) 10/01/02 10/01/03 X TORY LIMITS ER
EMPLOYERS'LIABILITY
WC7-631-004334-022
10/01 /02 10/01/03 EACH ACCIDENT $ 1,000,QQQ
THE PROPRIETOR/ X & WI)
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(AK DISEASE -POLICY LIMIT $ 1,000,QQO
PARTNERS/EXECUTIVE INCL ,
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, DISEASE-EACH EMPLOYEE $ 1,OQl),000
OFFICERS ARE: EXCL
THER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: 609- CITY OF SANTA ANA ENERGY AUDIT
SEE ATTACHED
CERTIFICATE HOLDER NYC-001505086-03 ANCELLATION
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AP RAVE ~ TO L 7~
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F j~I~QLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL t~j~ MAIL
CITY OF SANTA ANA ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN: CLERK OF THE CITY COUNCIL X~X~~~tX
20 CIVIC CENTER PLAZA (M-30) Mic ael Vigliotta ~+~X~W~fX
P.O. BOX 1988 _
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SANTA ANA, CA 92702-1988 Deputy City Attorney ~ ~
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Lillian Campbell Gq
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PRODUCER
MARSH USA INC.
44 WHIPPANY ROAD
P.O. BOX 1966
MORRISTOWN, NJ 07962-1966
100129-BA-- 609
INSURED
SIEMENS BUILDING TECHNOLOGIES, INC.
1000 DEERFIELD PARKWAY
BUFFALO GROVE, IL 60089-4513
DATE (MMIDw
V NYC-001505086-03 09/24/0:
COMPANIES AFFORDING COVERAGE
COMPANY
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COMPANY
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COMPANY
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TEXT,
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
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 PRIMAR
NON-CONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS BUILDING TECHNOLOGIE
BY AND ON BEHALOF OF THE NAMED NSURED, SIEMENS BUILDING T CHNOLOGIES,RINC F OR CERT FIICATE HOLDEROUNDER OCONTFL4CT0.1
CERTIFICATE HOLDER
CITY OF SANTA ANA
ATTN: CLERK OF THE CITY COUNCIL ~ ~ QRM
20 CIVIC CENTER PLAZA (M-30) AppR V D AS T ',
P.O. BOX 1988
SANTA ANA, CA 92702-1988 -
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Mi h el igliotta
Deputy City Attorney ~~ a ~`a
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
PRODUCER
MARSH USA IN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
HOLDER
OAD
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ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 1986
MORRI:iTOWN, NJ 07982-1966 COMPANIES AFFORDING COVERAGE
COMPANY
A INSURANCE CORPORATION OF HANNOVER
100129$A- 809
INSURED COhApANY
B TRAVELERS INDEMNITY CO. OF ILLINOIS
SIEMENS BUILDING TECHNOLOGIES, INC.
1000 DEERFIELD PARKWAY COMPANv
BUFFALO GROVE, IL 60p89~513 C
COMPANY
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THIS IS TO CERTIFY THAT THE P0.1CIE5 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FCR THE P0.1CY
NTRACT CR OTHER DOCUMENT VNTH RESPECT TO4VHICH IRIS
INDICATED, N0TIMTHSTANDING ANY REdJIREWENT, 'PERM CR CONDITION OF ANY CO
HEREIN IS SUBJECT TO ALL THE TERMS,
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SUCH POLICIESTLIMITS SHGMIN hW
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OONDITIONS OF
EX0.USIOM1IS AND
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TR TYPE OF NSURANCE POLK:Y NUMBER DATE (MMNDIYY) DATE (MAINDIYY)
L
GENERAL LIABILITY ICH GL 132-01 11101/01 10/01/02 GENERAL AGGREGATE $ 7,SOO,000
INCL
A .
PRODUCTS-COArIP10P AGG $
X COMMERCIAL GENERAL LIABILITY 1,000,000
PERSONAL&ADVINJURY $
GLAIMSMADE ~OOCUR
- EACH OCCURRENCE $ 1,000,000
OYvNER'3&CONTRACTOR'SPROT $ 1~000,OOO
FIRE DAMAGE (Myonefire)
MED ExP An one ersm $ 100,000
B AUTONOBILELIABILRY TC2J~AP229T228-0-TIL-01(A05 10!01101 10101/02 COMBINED9INGLELIMIT $ 1,000,000
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DESCRIPTION OF OPERATIONSILOCATIDNSIVEHICLESISPECULL ITEMB LINRB MAY HAVE BEEN REDUCED BY PA10 CLAMB AND MAY HAVE DEDUCTIBLES OR RETENTIONS.
E: 809-CITY OF SANTA ANA ENERGY AUDIT
EE ATTACHED
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~ ORE THE
BHOULD ANY OF THE ABOVE DESCRBED POLiC1ES BE CANCEL
TO F~ EXPIRATION DATE THEREOF, THE INSURANCE COMP/WY WLL7BaoeWalm[xro MAIL
i'
CITY OF SANTA ANA ~~__ppPROVED AS DAYB WRITTEN NOTICE TO THE CERTFICATE HOLDER NAKED TO THE LEFT,
$~
ATTN: CLERK OF THE CITY COU+V>r4L
20 CIVIC CENTER PLAZA (M~0) _
XKYx7B~1~[1®s>M>dtx>mlaN>Nan~m~xp~~~ON~xNlelom[x~oF
P.O. BOX 1988 XxxK>flocxt~aMKxxxM6xxsirxxgtpcx>aIG6N~6cx7CRCx>BS81liJp~s•
SANTA ANA, CA 92702-1988
ra Sheedy N $H usAlNt
>rIIxN~mL°~ ~a~.
bell
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au amp
Lillian
Marsh USA Inc
c.
PRODUCER
MARSH USA INC.
44 WHIPPANY ROAD
P.O. BOX 1966
MORRISTOWN, NJ 079 8 2-1 9 66
100129-BA- 609
INSURED
51EMEN5 BUILDING TECHNOLOGIES, INC.
1000 DEERFIELD PARKWAY
BUFFALO GROVE, IL 80089-4513
8/23/02 12:50 PAGE 3/3 RightFAX
DATE (MAI1DDIlf1~
__.._
::::::::::.:::::.::::::::::::::::.::::::::::::: 0S/23f 02
COMPANIES AFFORDING COVERAGE
CC~vIP ANY
E
COMPANY
F
CQa1PANY
O
CQu1PANY
H
RE: 809- 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 f'~EFERENCED GENERAL LIABILITY AND AUTOMOBILE
LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND
NONCONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS BUILDING TECHNOLOGIES
BY AND ON BEHBACLOF O~THE NAMED SUREDCSIEMENS BUILDING TECHNOLOGIES,RINC. OROCERTjFIICATEEHOLDER UNDER CONTRACORMED
CITY OF SANTA ANA
ATTN: CLERK OF THE CITY COUNCIL
20 CIVIC CENTER PLAZA (MAO)
P.O. BOX 1988
SANTA ANA, CA 92702-1988
APPROVED AS TO FORM
Laura ~hee~
Deputy City Attorn
IriCLL1DE3 COPYRIGHTED MATERIAL OF ACO~tD CORPORATIOZT WITH ITS PF1iMISSICRT.
OCT-19-2001 10:44 FROM: T~•714 647 5406 P.002~002
~„„r rr,,,/'
SI~lVtEN~
September 27, 2001
Dear Customer:
Re: Evidence of lnsurance Siemens Buildin Technolo ics Inc.
The purpose of this letter is to provide verification that Siemens Building Technologies, lnc. maintains
appropriate insurance coverages to meet it's contractual obligations as designated in the contract documents
set forth in your contract with Siemens Tuilding Technologries, Inc. All policies are being renewed effective
October 1, 2001
ihte to the tragic events of September 11, 2001 Siemcn's insurance broker Marsh USA incurred major
disniption of their communicative & technical services that were resident at the World Trade Center. As well
Marsh sustained a major loss of many key personnel. This tragedy has impaired Marsh's ability to provide
timely verification of insurance coverage and certificates of insurance to Siemens customers.
Siemens Building Technologies, lnc and Marsh tTSA are endeavoring to provide new certificates of insurance
as quickly as possible and we anticipate that there will be delay throughout the month of October in your
obtaining the appropriate certificate as required in your.eontract. Certificates are being issued and mailed
manually to our customers.
Siemens Building Technologies, Inc. value;5 you as our customer and we trust that we have your
understanding and cooperation regarding delays in obtaining certificates o.f insurance. Again please rest
assured that all insurance has been extended without a Tapse of coverage.
If you have questions or concerns we invite you to contact Siemens $uilding'lcchnologies, inc,.~ Risk
Mena cement De artment in our )3uffalo Gt•ove, lllirois o~~ice.l'Icasc contact either Ms. Tina Tortorice at
47-941-5333, t~ac no. 847-229-3688 or myself at 847-941-542U, fax na_ 847-419-6810.
Thank you,
Yours truly,
Greg Williamson
Risk Manager/Assistant Secretary
Siemens Building Tecluiolo~nes, inc.
Siemens t#uilding Technolo8ies, Inc.
gORM
~~
~ ~b
~~~'~~
~r ~ _.
LISA E' SZ~~~K
t pity Attorney
`'pssistun
1000 Deerfield Parkway
! Buffalo Grvve, IL 60089.4513
Tel: (847) 215.1000
Fax: (647) 419-6870
OCT-19-2001 10:44 FROM: T0: 714 647 5406 P.002~002
\..
sr ~M ~N~
September 27, 2001
Dear Customer:
Re: Evidence of lnsuirance Siemens 13uildin Techn~lo ics Inc.
r.Mr°
The purpose of this letter is to provide veritcation that Siemens Building Technologies, Inc. maintauis
appropriate insurance coverages to meet it's contractual obligations as designated in the contract documents
set forth in your contract with Siemens F3uilding Technolobries, Tnc. All policies are being renewed effective
October 1, 2U01
Ihie to the tragic events of September 11, 20U1 Siemcn's insurance broker Marsh USA ine~ured major
disniption of their communicative & technical services that were resident at the World Trade Center. As well
Marsh sustained a major loss of many key personnel. This tragedy has impaired Marsh's ability to provide
timely verification of insurance coverage and eertiticates of insurance to Siemens customers.
Siu-mens Building Technologies, ]nc and Marsh LISA are endeavoring to provide new certificates of insurance
as duickly as possible and we anticipate that there will be delay throughout the monlla of October in your
obtaining the appropriate ecyt'titicate as required in your contract. Gertiticates are being issued and mailed
manually to our customers.
Sicrnc'ns Building Technologies, Inc. va.luc5 you as our customer and we trust that we have your
understanding and cooperation regarding delays in obtaining certifcates o.f insurance. Again please rest
assured that all insurance has been extended without a lapse of coverage.
If you have questions or. concerns we invite you to contact Siemens Auilding Technologies, lnc.'s Risk
Management Department in our Buffalo Grove, Illinois ottice. Please contact either Ms. Tina Tortoriee at
84"7-941-5333, fax no. 847-229-3688 or myself at 847.941-5420, fax no. 847-419-6810.
Thank you,
Yours truly,
Dreg Williamson
Risk ManagerJAssistant Secretary
Siemens Building Tecluiologies, .Tnc.
~~~'$ ~~ ~~ ~,Og1Vi
~ - ~~
~ ~ 5-T p ~tCK
LISA, Ecity Attorney
"~gslb~~t
Siemens t~uilding Technologies, Inc.
1000 Dsertield Parkway Tel: (847) 215-1000
Buffalo Grove, IL 60089.4513 Fax' (847) 419-6810
REQUEST
COUNCIL
\..~
FOR
ACTION
CITY COUNCIL MEETING DATE:
AUGUST 19, 2002
TITLE:
~~
,~ic,cton lsr
DESIGN ENGINEERING SERVICES FOR
ENERGY CONSERVATION IMPROVEMENTS
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER A-2~~2-161
Direct the Attorney to prepare and authorize the City Manager and Clerk
of the Council to execute an agreement with Siemens Building Technologies
in an amount not to exceed $35,000 to provide final design engineering
services for the implementation of energy conservation improvements to
City buildings.
ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE ACTION
Recommended approval of energy improvements to buildings outlined in
Energy Services/Performance Contracting proposal submitted by Siemens
Building Technologies by a vote of 9:0 at its meeting of June 13, 2002.
DISCUSSION
In 1998 the City completed a Strategic Energy Plan that was approved by
the City Council. In developing the Plan the consultants, working with
City staff, evaluated the City's practices on electrical usage, and
performed a rate analysis, billing review and assessment of our costs and
energy management efforts.
The consultants made a number of recommendations that were no cost/little
cost to the City to implement. Most of these changes have been
implemented. In addition, the consultants recommended updating and
modernizing the City's buildings to become more energy efficient.
To address these recommendations and to enhance the City's energy
conservation efforts, staff solicited a detailed feasibility study from
Siemens Building Technologies of energy efficient improvements to the
city's buildings.
Page 83
25.E.
RECOMMENDED AL 1 IUN
\r.i ~.I
Energy Conservation Improvements
August 19, 2002
Page 2
Siemens prepared an extensive analysis of the following city buildings:
City Hall
Main Library
Newhope Library
McFadden Library
City Yard
Southwest Senior Center
Senior Citizens Center
Corbin Center
Santa Anita Center
Jerome Center
El Salvador Center
This proposal identifies needed heating, ventilation and air (HVAC)
improvements, HVAC control system modifications, lighting system (lamps,
ballasts, bulbs, and motion sensors) improvements, suspended ceilings,
pool filtration/pumping modifications and window modifications to the
buildings listed above. These improvements, once implemented will save
energy and reduce the City's costs of electricity. Also, these
modifications will allow the City to modernize and upgrade its current
buildings.
The proposal is expected to cost approximately $2.0 million to implement.
At this time, the City does not have unallocated funds in this amount;
thus financing the costs of the improvements will be required. Based on
Siemen's feasibility study, the City will be able to finance the
improvements from the savings generated from reduced energy consumption
and still realize a cash savings. In addition, we will apply for a
rebate in the amount of $100,000 from Southern California Edison to
assist in financing the projects.
With implementation of the energy improvements the City is expected to
save $1.0 million during the first 10 years. Siemens will contractually
guarantee the energy savings to the City during that period. Beginning
in the eleventh year, once the financing debt is retired, the City can
expect to save $250,000 annually.
Siemens was selected by the State through a competitive bidding process
to implement energy improvement projects for State facilities. The City
also utilizes Siemens' equipment in City Hall, Library and the Ross Annex
and has a maintenance agreement for service with them. Based on Siemens'
status with the State as a qualified Energy Service Contractor and our
previous experience with them, it is recommended that the City authorize
Siemens to proceed to the final engineering phase of this project.
This proposal was submitted to the Environmental Transportation Advisory
Committee (ETAC) at their meeting on June 13, 2002. ETAC was unanimous
in their support to move forward with this project.
2 ~. E . Page 84
Energy Conservation Improvements
August 19, 2002
Page 3
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The cost of this agreement will not exceed $35,000. Funds are available
in the Building Maintenance Activity (account no. 73-105-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
r
James G. Ross
Executive Director
Public Works Agency
Rod R. Coloma .~
Executive Director
Finance & Mgmt. Services Agency
Page 85
25.E.