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HomeMy WebLinkAboutSIEMENS INC. 9 -2013A- 2013 -183 0 INSURANOE ON Fll.L WORK MAY PROCEED UNT((. INSURANCE R (NCF IX F}S� i DATE: OF COUNCIL ��+tl MAINTENANCE SERVICE AGREEMENT DATE: �v..1 -���C� This Agreement (" Agreement ") dated December 2, 2013, by and between SIEMENS INDUSTRY, INC., a Delaware corporation, {Siemens "), and the City of Santa Ana, a charter city and municipal corporation, ( "City"). RECITALS A. The City of Santa Ana has purchased and installed a video security / surveillance system for the cS J Police Department and Civic Center, to protect critical infrastructure and key resources. Ii. The City desires to retain a contractor having special skill and knowledge to maintain and repair the video security / surveillance system. :.J C. Siemens represents that it is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Siemens represents that it is knowledgeable in the field and that any services performed by Siemens under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor 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 Siemens shall provide maintenance and repair services for the Orange County Civic Center Security System, as set forth in Siemens Proposal dated November 11, 2013, attached hereto as Exhibit A. Said services shall be performed in accordance with Siemens Service Terms and Conditions (Rev. 10/09), except as amended by this Agreement, Additional equipment and /or system modifications may be approved, on the written approval of the City Proj ect Manager, 2. COMPENSATION City agrees to pay, and Siemens agrees to accept as total payment for its services, a monthly fee of $5,530.00, payable in advance by the first day of the month. A contingency of $10,000.00 shall be available for the additional equipment and system modifications, as set forth in Section 1, above. The total sum to be expended under this Agreement shall not exceed $109,540.00, during the terin of this Agreement. 3. TERM This Agreement dull commence on the date first written above and ternrinate on May 31, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for rip to one additional I 8-month period upon a writing executed by the Chief of Police and the City Attorney. A. INDEPENDENT CONTRACTOR Siemens 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 einployer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Siemens performs the services which are the subject matter of this Agreement; however, the services to be provided by Siemens shall be provided in a, manner consistent with all applicable standards and regulations governing such services. Siemens 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, Siemens shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Siemens shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives 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 Siemens'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 occurreuce. 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 3700 of the Labor Code, Siemens, if Siemens 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, Siemens agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, d. The following requirements apply to the insurance to be provided by Siemens pursuant to this section: (i) Siemens shall supply City with a fully executed additional insured endorsement for commercial general liability and automobile coverages which a) names the City of Santa Ana, its officers, employees, agents and volunteers as additional insured, b) provides that Siemens insurance coverage shall be primary and that any other insurance, or self insurance maintained by the City, its officers, employees, agents and volunteers shall be excess of Siemen's insurance and shall not contribute with it. (ii) Siemens agrees to waive subrogation which any of its insurers may acquire from Siemens by virtue of payment of any loss. Siemens agrees to obtain any endorsement that maybe necessary to effect this waiver of subrogation. (iii) Siemens shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement, (iv) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (v) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. (vi) Certificates and renewals shall be sent to: Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA 92702 e. If Siemens 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 Siemens's right to be paid for its time and materials expended prior to notification of termination. Siemens 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 Siemens agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal iniury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of Siemens 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. 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. CONFIDE' NTIALIT'Y If Siemens receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Siemens 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 Siemens disclosed in a publicly available source; (c) is in rightful possession of the Siemens without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Siemens without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE 8. CONFLICT OF INTEREST CLAUSE Siemens 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 With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, 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 fast 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 With courtesy copies to: Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA 92702 To Siemens: Siemens Industry, Inc. Douglas Flicks, Business Development Manager 10775 Business Center Drive Cypress, CA 90630 (714) 866 -289 -3006 Fax Number (714) 252 -1306 Phone Number Doug.hicks@siemens.com 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. Pox 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 Siemens, 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 prove. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Siemens. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Siemens 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 Siemens, Siemens 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 may be terminated by the City upon thirty (30) days written notice of termination. In such event, Siemens shall be entitled to receive and the City shall pay Siemens compensation for all services performed by Siemens prior to receipt of such notice of termination. 13. DISCRIMINATION Siemens 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. Siemens 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 parries 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. LICENSES AND 'PERMITS Siemens 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. Siemens shall notify the City immediately and in writing of its 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. ATTEST: fin MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney t_ . By. 't 11+-LueIV Laura Sheedy �.��'-- Assistant City Att<rjRey RECOMMENDED FOR APPROVAL: CARLOSROJAS Interim Chief of Police CITY OF SANTA ANA D CAV Fos - -` —� City Manager SIEMENS INDUSTRY, INC. ERIC ACKERMAN' Area Fire Safety & Security Manager EXHIBIT A SIEMENS MAINTENANCE PROPOSAL DATED NOVEMBER 11, 2013 SIEMENS INDUSTRY, Inc. November 11, 2013 Officer Otto Laufer City of Santa Ana Pollee Department 60 Civic Center Plaza Santa Ana, CA 92702 Subject: City of Santa Ana Police Department Surveillance System Maintenance Proposal Scope of Work Summary IiTA�.J �4 A I Siemens is pleased to provide the following comprehensive Technical Support/Service Program (TSP) to the City of Santa Ana and the Santa Ana Police Department. The design and purpose of this program is based on the need to ensure system uptime, availability and resiliency for the City of Santa Ana Police Department facility and the Civic Center Campus Security Systems. The enclosed Siemens Service Program includes the following Coverage Features: Test and Inspection - Camera Cleaning - Milestone Software Upgrade Program (SUP) Repair and /or Replacement of Video Surveillance System components Test and Inspection Siemens to provide two inspections and testing of identified components per year. Siemens shall visually inspect identified components on a twice annual basis for any damage. Based on our findings during the test and Inspection process Siemens technicians will provide parts replacements and system optimization. Coverage will include those components identified as critical to the system operation. The list includes: Cameras Radios Antennas Power Supplies Switch Equipment VMS Software and related PC Hardware Camera Cleaning Siemens will clean cameras located in and around the Santa Ana PD facility and the cameras installed as part of the Civic Center Campus Security System. This proposal includes cleaning for the following cameras and quantities: Cameras in and around the Santa Ana PD, 48 in total Cameras installed during the Civic Center Campus Security System project, 35 in total, seven (7) of which are located at intersections which will require a bucket truck. Milestone Software Upgrade Program (SUP) Siemens will provide for the yearly renewal of the Milestone Software Upgrade Program (SUP). SUP provides for online customer service access. Milestone requires a valid SUP for all technical support functions. Lapse in SUP could critically affect service performance on your system. Please note our proposal includes the cost to re -new the SUP with Milestone on or about May 1"2014. Siemens Confidential and Proprietary SIEMENS INDUSTRY, Inc. Repair and /or Replacement of video surveillance systern components The program provides the City of Santa Ana and the Santa Ana Police Department with priority service response. Siemens service prioritizes in coming service requests based on TSP contracted services, nature of request (emergency and non - emergency) and order of call (as logged by Customer Service Call Center). Customers with contracted Technical Support Programs (TSP) will always be Siemens' priority customers. The response time for customers with a TSP contract is a maximum of four (4) hours for emergency conditions and next business day for all non critical calls. After hours and emergency service is offered to those customers contracting for this level of service. Customers without a TSP contract and relying on "Time and Materials" service receive first available service (after TSP customers have been serviced). Items covered under this agreement include: Cameras: Axis indoorloutdoor fixed cameras, indoor /outdoor PTZ cameras. Camera count Included in this proposal includes: (48) cameras in and around the Santa Ana PD and (35) cameras installed during the Civic Center Campus Security System Project Radios: (30) Ubiquity radios, (2) Bridgewave radios, one Installed on the roof of the PD and the other on the roof of Santa Ana City Hall Antennas Power Supplies Cisco Switch Equipment supplied by Siemens Cables: Siemens guarantees the workmanship of the cabling installed by a Siemens technician or our valued sub contractors for one (1) year SureNtlew Immix Siemens Technical Support (2) HP DL380 & (2) HP DL360 Servers Siemens Confidential and Proprietary SIEMENS INDUSTRY, Inc. Synopsis ( ui Ya1i �i Service Caveragl - -� —� Response time – onsite for critical components Response time 4 hours Response time – onsite non - emergency Next business day – Monday through Friday 8:00am – S:OOpm Hours of Service 24/7/305 Emer enc Servfco Weekends Holidays and after hours included Milestone Video System Software Included Software Revisions Included as released Labor Coverage Included Parts Covers e Included Preventative Maintenance – visual inspection Included three times dur n contract term Camera Cleaning Llqcluded three times during contract term Siemens Prig Summary Siemens Industry, Inc. shall provide the services as outlined in this proposal dated 11/11/2013 and the attached terms and conditions. Duration: This agreement shall remain in effect for an Initial Term of 18 months beginning 121112013, 18 months 1210912013 to 05/31/2015 $99,540.00 paid In advance Applicable sales taxes are Included in the price of this proposal. Prices quoted In this proposal are firm for 90 days. Proposal accepted by: Proposal submitted by: Otto Laufer Officer Santa Ana Police Department Signature Date P.O.# Or D Customer purchase carder included as an attachmentt:o this agreement and will be referenced on invoices. C Customer purchase order not required. Invoices will be approved and processed with signature of authorized customer representative. Thank you for your time and consideration, Doug Hicks Business Development Manager Siemens Industry, Inc. Cities and Infrastructure 714- 454 -9809 Siemens Confidential and proprietary Doug Hicks Business Development Manager Siemens Industry, Inc. Signature Date Eric Ackerman Area Fire Safety and Security Manager Signature Date SIEMENS INDUSTRY, Inc. The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.: (1) the Proposal and the Contract Terms and Conditions, (together with any other documents Incorporated Into the forgoing) shall constitute the entire agreement of the parties with respect to Its subject matter (collectively, hereinafter referred to as the "Agreement') and (ii) In the event of any conflict between the terms and conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions, the Contract Terms and Conditions shall control, BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER, SERVICE TERMS AND CONDITIONS (REV. W091 Included In the SCrvlcea are IMINd to mstahg the proper wardna conditl on of Artrcrat: (Aebarer such Covered Equipment. SIEMENS Cost not be obligated to provide f.1 (a) This Agreement Constitutes the ontira, ocmplpta and axaladva mpleme t Covered Equipment that represents dijanIOan1 capital agreement between the tactics relating to the evMoas I"9ervlea4g) to be Improvement a.mmmd to the original. Ewhangad or removed components pmvided by SIEMENS and superseder and cancels at prior prapossts, become the property of SIEMENS, except Hazardous Materials, which under ROmemerts and mnderstondings,' adgen or Oral, relating bothe subject Madera all clmumstanCes mrniln tna property andresponsibitty of customer. this Agreement. Neither party may asslan the Agreement a any Attila or 3" UNSas agreed eM*Iwlse, SSMpea no owl Incaid0 end 81EMEN5 Is not abhgattons hereunder without the pour written consent a1 the other except that mcconsitda fa (a): (s) service or provision of coreumebl0 etpptes. inducting either party may assign this Agreemerer to Its affiliate, and SIEMENS may but nW girdled " batteries and As cylinder ocasio occasional' Ib) reinstallation or grant a seeVnty Interest in Me proceeds to be paiq to SIEMENS under Ihls r,,.Catbn o1 Covomd Equlpmerd; tel pal A` " fefinlsNn9 of Coveretl Airs ompnf; assign prooecds,of the Agm cowl: and/or use subconlrectors In EqulPMad or "A"Amtling sudaees; (d) chaagas to SsMCas; (e) pans, performance of the Services. Thu terms and conditions of this Agreement shall aceassodes, aitachmems ar alirer davloes ecHed to Covered EgdpmsH but not be modified or rescinded accept In wrideg, Wiry the PA., approval al the oat Nmlehad till SIEMENS: U) tattoo fa conllnualy proNtla suitable operating LaaggSI Dapedmemts of SIEMENS and Customer and signed by duly agohm ed 6nNmtxnem A Wding. but not ltm8etl to, adequate space, vahnlatioh, Us Of am or mergers of SIEMENS end CUdamcr. power and Pro teCUOn as the d'gor a; pr( g) the removal or relletatlallon of (b) Nelhing oonkeined In this AgraemaM shot be ocowsead to give any, rights raplacpmant valves, dampen, walerfluw _rAMa, venting Is drulninp systems. or benefits to anyone other than the Customer and SIEMENS wtlrrout the aIEMEFIS is not reopensM1. for aervlce. PC Atgd on any Covered express written consort of both padres. All provisions of gds Agreement Equipment atherihem by SIEMENS arils eganis. Bilucaling msponstbllily or Ilablllly between iha portico shah otawvg The 3.8 Tho SeMCSe 0n011 ba partofman 1pamMfner CaaBlelam Wlthlhe tlagrae of cemplMim of be BpMeea and terminellon of this Agreement. care arum skill ordinarily exercised by persons performing file same or simper 1c) Certain leme, end Conditions sustained herein maynot appyto the SeMces SeMdes In the same locale under Netter akcumslemes and condSM,, to be provided hereunder. If Is Inc intent of the parties, however. that the Sri SIEMENS shall perform the SeMces during its boat, normal wormng Interpretation to be given to the terms end nondgWhs Is to appy M tams and hours. Vnfcea, aMerwlge stated In this Agreement. coaatl"seadass cleanylnappicable given the type of Servieve Included. 3.7 SIEMENS Is not required to conduct safety or other assts, Install or 1.2 TNS Agrearrent shed be advanced byvnd Mohamed in eedoadance with the maiNdn any devices or equlpment of make modifications" upgrades to any laws of iha Slate of 0mis. Any 11ligatlon arising under this Agreement shah be equpment beyond the scope of this AumenadH. Any mryNst to change Iha brouphd In IN Slate a Commonwealth In which The SaMOes are provided to scope Or the nature of the Sarvlces mot be In the faro of a mAb* agreed Customer. TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE change order, 6110onve only when eanulod by egponleo haroto, ANY RIGHT TO A JURY TRIAL ON MATTERS ARISING OUT OF THIS 3.8 Ala mports and drawings specifically prepared fa and deliverable to AGREEMENT. Customer pursuant to this Agreement CUeldrembre¢") gnat become Customers' 1.3 Atlatix WWholMWft INACITemL thla A.geameNShay OdtatiydllCay maaCN br property Vpors 11,11 payment to SIEMENS. SIEMENS may retain file copies of sucaessFre prayesrpwfotlebaglr6dltg on lnB RmNarsarydaleonha lmlalTama wdaas such Dellv4ra . NI other reports, notes. calculBllons, date. drawings, waledpllcrwiseMMeAgepmerd. eatlmdiec, specifications, Mawels, other documents and ah computer f4 protmms, codes end computerized metedels Prepared by a fa SIEMENS ere or ale Iha and of a mnavml lane by dsing Me other party at kart shby(60)days prior inslmmepts vi SIEMENS' work (7neln + merven and shah remain SIEMENS written notice of suchanxndmdis"edent not to renew. NOPOdy. Siemens Conveys no M4110 to software unless Oshawa. expressly 16 B. duNg aw(girt 90 days Sher ga nvm of lNs Agmemert, Customer angapss provided In Mrs Agreement. Ad Oekvembed end Instruments provided to sell SIEMENS arp10yae who lens Perceived verk undmlNaaery Diner npoamard Cusbmar are for PemdlWd Users' use only for the purposes dlselased to bo4mcn Obign er and SIEMENS. Custanadmllpay SIEMENS anem m!egrmlfo SIEMENS, antl Customer slash not tmnsfor them to others or use roam or d:aacdo Ilb 'averad Eerelsarevir caning; them to be used foramr Adeeslon, ofthe S.McesoriuyoC.,parpoip, Article 3: OawredEgmgamene wilhoul SIEMENS' express written Concept. Any reuse of OdIvembhs or 2.4 Gbvarnf equ/pmanl" shall moan that equipment expressy Identified as Instruments for orer projects or locations without the uriaep Condom of System CamponsMe In this Agreement. The Customer represents Mat Al the SIEMEN5, or use by any party other noun Porinif users, WIl be at resulted commencement of this Agreement of Covered Equipment is to sansrnoon, Users' agile risk and eAMeul facility to at -W. in addnarle airy enter working condition and COmppes wish dl ap�Gabfe codes. rights SIEMENS may have, customer shop Indemnify, defend and hold 21 If rho floe or ate safety system Is Inveighed as pad of the Covered SIEMENS harmless from any deims, braes or damages arsing therefrom Equipment does nW comply with all applicable codas at g removal of any 3.0 Customer oaknowledges that SIEMENS, in ISO hamlet conduct of Its Covered EMeement from sdvv.q,worddu mpbmi a orimpairthe lnmgrRyor believes, MAY use concepts. skills and lamp how developed while perfunning the compliance With law or any system or SoNcos, and Customer falls to lake agaer contracts. Copartner ac8nouSdges the parson which may accrue to It careEllve action, then SIEMENS may teminate We Agreement Wftul rather rough [his practice, and Maddeningly agrees Mal anything In this Agreement obligation and retain ell Monies moelved pursuant to this Agreement, rrohwlllstonrIng Stamens may continuo, Without peymeid of a royalty, this 2.2 All testing and Inspection of any Covered Equipment provided for in this Piedras of using concepts, sods out lawevhow dvedaped onto performing this Agreement will be performed at the this and price and In the member deemed Agreement, apprapdale, by SIEMENS, In Becardanee with appNGabk lew apt the 310 Whalo SCrvICEs Inctak energy ennsutng, any osdarduse a probabm raqulremints of Iran current National faro Pmlacllan Association CAIMA") construction or implementation costs, financier evaNallons, ieesWlliry dd[hea or guidelines it applicable, end other relevant standards. Customer Is solely aconorMo analyses prepared by SIEMENS. Ihs documents prepemd for the prospered. for, mad hereby Indemrifies min holds SIEMENS nearness from arstamer will mpro$dit SIEMENS' best judgment based on SIEMENS' and against, any hsbltly arising from Customer's 9pecin0all of A leaving expenMCO and the fnfoenbnOr HASWaby available Io SIEMENS at the time ochedulo othorinon then dcaend NFPA or other appllcabb standards "laws. that trip SaMCas are peNecmad. CUSlomef aaknowletlges that SIEMENS does 2.4 )f the Covered Squlpment is oWn d or moved by any person, including not control: (R) the coelvonabor, mutodels, equlpmenl ar aaMapv fumistred by Custonar, other than SIEMENS or a person aushemood by it, Customer shah *then-, (b) overall n geteM conditions or, is) cenlmcion0 methods of Immediately noliry SIEMEIJS in writing, and SIEMENS reserves the right to determining paces. Acamdiugly. Customer acknowledges that proposal&, bids Perform a mocceptaoas loCl'on, or, If neca aary. a maommi65NNag of Mp or actual costa Mey riff" from opinlans, avaluetions or studies submigad by system Of Customer's expense. Reaccaplairm tests will be ped"med in SIEMENS gs part ofihe Servtoms provided hamumbe, accordance with then current NFPA or other applicable requirements, and 7.11 Wnem 3aMces Include EMC, SIEMENS will have a disaster recovery shamed on a time end malell.N nazis ..m.. ... . w,e. — ..— ,...._... _._ a.z 3r oebrr snag nave no aamilly or obligation to Continue providing (a) DesignaleacwAact pee o n Athaugwriylamakedecisiamfar Customer 5ervtaes In the event Customer falls to (a) authorize a reaccadanne last or regarding use essence and provide SIEMENS with Infomallon sufficient to recommissioning that SIEMENS reasonably dooms nOCeosory; tb) notify VOAapl sudf person In an ebrand". If such repMenlaMe cannot be SIEMENS of any modifications or ohani to the Covered Equipment or reached, any tgwvst for SeMoas received firm a person located of unusual or material& changed operating oondlliaos. hours of usage, system Customers site will be deemed Midarbed by Cusbmao, and SIEMENSwI9, In malfunctions orbubdIng Wlomtlonothet may affect the SeMces;(r,) provide the itsmoradnetra discretion, ad acaodingiy; access to any site where Services ore to be performed; or(d)spumes, soMne (b) Provldo or em mi without cost an mxsonable provisions, means and or Malmaln the Covered Equlpmerd in accmrdame wish nanuk.t.rer's 1,r access for SIEMENS to any slip and the iMapmenl where Services em m be supplives husudlons or this Agreement. After airy of the aforesaid sworn, performed; SIEMENS MAY terminate or suspend services under this Agreement ImmedlalCy, upon riving rwUOe f9 CU51omof. (c) Permit SIEMENS to control and /or "Arab, ant controls, Systems. 3.2 Any regalia, aid replacements of Covered Equlpmentas maybe axpmosy apparatus, equlpmerl end machkany, necessary to perform lhu Servlcos; Siemens Industry, Inc., Building Technologies OlYlslan Sarvlce only 2068 Siemens Confidential and proprietary *7t SIEMENS INDUSTRY, Inc. (d) FwNSh SIEMENS with all available formulation pemnatAto the SeNlown 9MOUN all the AgrewaeO, CUUMV shag reimburse SIEMENS 00919 and (e) Obtain and fumish to SIEMENS all approvals, permits and consorts from expenses (Including reasonabls alkmays' and wgnaases' fees) Incurred far govetln"d authorities and others as may do required far performance of tha 0011000M antler We Atow n mt. If Cusmmer dispdes any potion or at of an SarviseseXcept1w those SIEMENS has exprawlyagrood lnwdgng to ahtalm Invoice it shaft notify 81EMENS In writing of Use amowt In dispute and the 10 Mountain the Services site in a safe cal lllon; notify SIEMENS promptly reason for Its coutgraemed wlthln 21 days of moelpt of the Invoice, The or any site contours requiring spaclal caral and provide SIEMENS with any undisputed padrn shall be paid when due, end interest on any unpaid portion avdlobls documents deserlbing the quantity, nature, location and extent of euah shad accrue As afereoald, tram the date due will paid, to the extent that such conditions; amounts am MAIN dotermined to be payable to SIEMENS, (g) Comply with all Ian and proNdo any Paribas required to be given to any 5,4 Except to the extent expressly agreed In this Agreement. SIEMENS fees government authailles In wnnedlon Mob the SaNleas, except such lattices do not Include any texa% excises, foes, duties, permits or oh" government SIEMENS hase xpmscy agreed In this Agraamact to gyve; charges related to the SeMees. Customer shag pay euah amounts or refinew9e ill PrOvIda SIEMENS with Material Safety Date Shoats (ASIDE) comoimmi; SIEMENS for any amounts It pays. If Customer claims a tax wmapiron or to OSHA"Immeents related to all Hazardous Matadors at Ina site MNdl may ctreM Payntard pmntll. A Shift provide SIEMENS win a wild useful Impact the services; cedlfloate or poll and Indemnify, defend end had SIEMENS harmless from III Furnish to SIEMENS any contingency plans related to the ago; any taxes, costs and penaftes wising out of some. g) publish the specified operating environment, including without Rundmilon, S.6 Unless agreed otherwise, the priding for each year after Ilia Intgol Term of suitable, dean, stable, properly oandllaned elechlow power and other ullglrs; the Agreement and each year of each renewal of the Agme"t shall be 1k) Mathtoln at Covered Equipment to goad warrants order In ewnpgwee with deteanined so the Immediate prior year prioe plus a price oscaletabrowd upon all applicable laws and service. repair and replace at Covered Egdpaent as the U.S. De of Lob ", Bw9au of Labor Statatlaa Urban Consumer necessary, and, prise Indian- IAI Urban Consumers U8, Al gems. 1962- 190d•1W CCPI-U') n) Perform Inspections and tests as Indicated In the Life Barely System In addition, each renewal tern turning shalt be adjusted for any addition$ or Logbook and named same In the Life Safety System rWeok deletions to Servkes selected forth* Ill term. The price escalator shot be 4,2 Customer admatwedges that the teebnlcal and prking Information herein is the latest $embannual CPI•U Idsnufled above published prior to each annual proprietary to SIEMENS ant egress not to disclloose or whewise make It anniversary, This escalator shall be applicable W each aauaf term, whether a "lable to clue. removal term or an waxl9l tool after the get year of the Initial Term. 4.3 Customer aduumberlalos that it is now and shall be ef of times in word of Article G Changes; loafers; ExcusedPerhxrmanca the Serviess site, SIEMENS shel not have anyrespenslbillly Only or allhmity 6.1 As the Services are performed, conditions may change or clramrstancas to direct, supervise or oversee airy employees w sontrectors of CUelaitl" W outside SIEMENS' reasonable control touch as warms of law) may deverp their worn m to Provide the means, methods or sequence of thalr work "!o which require 81EMENS to exp lord addidwal adds, olfod or tune W aomprete slop their work. SIEMENS' walk ondrr presence At a silo shall not ro ace the Serdaes, In lotion case SIEMENS shag really Customer and on equitable others a their responsibility to Customer or to others. Except As expressly adjustment made to the compensation and time f" porroml In the event povided heroin, SIEMENS Is not responsible for tin adequacy of the health, om llon . or clrwmstr nnes require Servkes to be suspended "Ilmlnatad, safety or sweaty programs or Promotions related to Customer's or It other SIEMENS shall be a"Ilgensated ran Extreme pedmned and for coma commuters' activities of opemgons; the wit of any other parson Or nobly: or reasmable Incurred in bonnecoon with Up; auspenolon ortominatfon, Customers $Ito condbons. SIEMENS Is net mspomdbla for inspdkg, 6.2 SIEMENS shag not be esponsiMe for lose, delay. Ir{ury. damage or observing, reporling an correafg health or safety condltlord ar ddlolendes of failure of pedornmancathd may be eetwed by circumstances beyond ga 6muvhi, Customer or 01110TO at Cnstamor's site. So as not to d19Caurage SIEMENS Inuring but ref Ifmited to cats or onNSsmbe by Custaner or Its employes$, from Volunlady, wholesaling such Issues. In the event SIEMENS does make agents or contractors. Ads of God. war. doll commot a , ads or omissions" observations; Isparta, suggestions " othembe, regarding such Issues, government Alkhobtles, tire, then, aaroalon, flood, water damage, Ighbang, SIEMENS shag rml be llablaarresponsibks forsama. fraaze -ups, strikes, lockage, dffwalwes with wadrmin, dots, exploslona 4.4 Except as expressly stall In tubs Agreement, Cdawner Is solely quemwlnu redtlatlons, its" In transportation, or shortage of vehldee, fuel msposelblefor Inc, removal replacement modulating of the building structure labor a materials. In the event of arty such circumstances. SIEMENS shag be "bnisaesthat m9ybaregUlredia perform "geln occurs bathe Sarviaes, moused from performance of the Services and the time for perf"merige shag 4.5 Customer erne shall Pot to proled life and property from the lime a pudlel be wounded by a period equal in the lime lost plus a unowable recovery er full system fellure occurs War SIEMENS notifies customer that such system period and the oompanaadon equitably Pdluord to compensate for addamw Is operational or the emergency has Each cleared. Cusbomufs aolrns shall casts SIEMENS incurs due to such circumsences, Include all opprml fnta mr, safety precantiore Iauch as a moralal -no, Article 7: Warenpdas; Bischolmar ,, L)mhafron ofUat@!fy ''Aal SIEMENS shag have no obligation to wh ido guards. fire watch 7.1 Labor In perfolnting the Servkes Is wan 'anted to be free from defect$ In parsommel. "amen samoas following a system folksre, except Services no are Vlodmflnship for 80 days attar the Services are performed. Al labor provided Speoloagy provided! for In this Agreement by SIEMENS hereunder fowl to Be defective and dhervdse qualirylmg under 4.5 Customer wool not allamlo the system or Covered Equipment any ueAde tills Warmnly shall at ra.porfmlled by SIEMENS, Such re.parfarmance that Idcdems with the Services or the proper operation of the system or hereunder shag not imonupl or prolong the terms of the waoanty Inihe avant Covered Equipment, that any such N Performance fails to cure such defects, then CudnmOYs Article& Compermui/mf exsNew remade against SIEMENS for damages fmm cap csuso whalso*vea 5.1 Annual Feels) shad be adjusted for each year after the find year of the w ➢ether in mutant orlall shal not exceed an amount aqua) to the Itmlingen set Initial Term pursupM to the agreed Price Argfsfinenl hereto and moomaeted Posh in Section 7,9 human, harem. Unless olhenNse spread In wi tirg, this Agrelrera Is nut Pamelable 7,2 THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU and the emual fee is notmfundoblo patent as provided herein. OF AND EXCLUDES ALL OTHER WARRANTIES, STATUTORY, 1.2 Payments be he made Cull this Agreement µ0I podde far, end be In EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION AUL considemdon of. mdy Secnoes snuclgbally included radar ins Pmposed SaMim Al EXPRESS OR IMPLIED WARRANTIES OF MRACHANTARIIITY rug an A Pate and materials hash: (a) anlargallay Owdpas pa rmill at WORKMANSHIP, ALL EXPRESS OR expressly provmed, then on an annual bads prim to the Shad Date and errudly CONTRACT RELATIVE THERETO, WHICH ARE HEREBY EXPRESSLY Ihamager m the awivammy of such Start onto. frivolous are due Intl payable DISCLAIMEO, net cash upon receipt unless Customer has applied and been approved f" 7.3 Customer hereby, for It and sm, pol loo warning under II, ratenses and audit won SIEMENS, In •Mulch also the Invoice is payable within 30 awarder discharges SIEMENS from any facility aching out of ng haaards commit by days of receipt by Customr or as othamASs out train In this Agreement, bony Customer' Insw *rim. ono all olelms ngohist SIEMENS wising out "Such payment Is not moNved when duo, SIEMENS may deem customer to he in hazards, ladviling any right of eutrogallun by Customer's Insurance carter, wo branch hereof and may enforce any remodies avaiNble to It toreador or at hereby waived by Customer. AW, fnchding YAlhow Ilmballon, accaierotlon Of payments and suspension or torminwhon of Services at any time and without notloa. and shall be onliged to 7A ANY DFAS, SUGGESTION$, RECOMMENDATIONS, FINANCIAL tONIPWssdon for Services proviously performed and costs reasonably Incurred EVALUATIONS, FEASIBILITY STUDIES OR ECONOMIC ANALYSIS In COnneadah with The suspension or lemNnailoa, In the svuml that any payment PHEPAR ED BY SIEMENS UNO ER THIS AGREEMENT WILL REPRESENT due hereunder Is not pald when due, Customer agraout to pay. upon demand, ITS BEST JUDGMENT BASED ON ITS EXPERIENCE AND THE as A late charge, one and one -ngif poment(1.5%) of rho amOUnt Of the payment AVAILABI.E INFORMATION, CUSTOMER ACKNOWLEDGES THAT THE Per month, Rattled by the maximum rate permitted by law of each overdue ENERGY MARKET 18 VOLATILE AND SUBJECT TO FREQUENT PRICE Siemens In ll fir Building Tachnoingrs Olvlsion Servlca Only MOO Siemens Confidential and Proprietary SIEMENS INDUSTRY, Inc. FURTHER REDUCTIONS THAT MAY BE AVAILABLE TO CUSTOMER. FURTHER, _FUTURE CUSTOMER HEREBY RELEASES SIEMENS FROM ANY AND ALL RESULTS OF SIEMENS' RECOMMENDATIONS. CUSTOMER Aff The blxvices does rcthroaW0 directly or inlllrocty pedramhng ar emerging MAKESANY AND ALL ENERGY PROCUREMENT AND RELATED fat' the dalaogon, Tohgorng, Innapg. 5101age. removal, transportation, DECISIONS. CUSTOMER ACKPIOWLEDUES THAT ALL ENERGY disposal of treahm0d of Oil of Hazardous MAhmn, Except as 612OWed PROCUREMENT AND RELATED DECISIONS ARE MADE AT THE pursued to 9dsA91cle, Cusamermpreswda that, to US beat lmawhedge, Share is CUSTOMER'S SOLE RISK. no asbestos or any other haaerwa w' tootle materials, as cannot In the 7.6 WITH RESPECT TO ANY LIABILITY (WARRANTY OR OTHERWISE) Corrprehanslve Environmental Response, Compensation end Lianthy Act of THAT SIEMENS MAY HAVE UNDER THE AGREEMENT, IN NO EVENT 1959, as amended, the regulations promulgated Ihereunda, and other SHALLSIEMENS BE LIABLE IINCLUDING WITHOUT LIMITATION, UNDER applicable SaderaL state or local law (° Hazardous hnshaia/c"), prcsed at ANY THEORY IN TORTS) FOR ANY LOSS OF SSE, REVENUE. Customers Site$ Where the Samoa era Performed. SIEMENS WIA nol ANTICIPATES PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR Customer Immedlatey, If II dl$nores or suspects the presence of any CONSEOUENTIAL DAMAGES (MCLUDING WITHOUT LIMITATION LOST Hazardous MaledaL A95arvlceshave been prioad and agresdto by SIEMENS PROFITS AND/OR LOST BUSINESS OPPORTUNITIES) ARISING OUT OF In reNonce an Customer's representations as Set rotor In this Ablate. The OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES presehoe of Hazardau. Mundane costliness a change In INS Agreemere WHETHER ARISING IN WARRANTY, TORT, CONTRACT STRICT- whose leans must he agreed talon by SIEMENS before ltd obngallons LIABILITY, OR ANY OTHER THEORY OF LIABILITY, WHETHER, FOR horeun la shall continue. WARRANTY, LATE OR NON - DELIVERY OF ANY SERVICES, AND 9.2 Customer Is solely, respon5hs for tooling, abuung, encepeNaMg, WHETHER SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF removing. remacking or meutratong such Hazardous MMORIS, and for the SUCH DAMAGE$ and, Inenyovent, SIEMENVog &agate pabliltyfor wyond costs thereof. Qdtomer is responsible ferthspraper diaposalorell Hazardous ell Calms, losses or expenaas (Including adomeys fees) drilling ad of Pots Materials and Ot local anytime ere pre sad store SeMOes sltein dacorVer:ce Agreemgd, or out of any Servloas furnished under this Agraerrrenl, whelher with all rpptcaGe federal, state, stud local lam, mtiaregons, and ordnames, booed in codmd, neogntionne, Who Ifebilty, agency, Warrmdy. hosannas, Even If flange order line been entered Ido pursuant 10 this Article. SIEMENS Indemnity or any Coast II or hab1ly, shall beF ied,as fgWdaled damages, shall have The It&lO stop the SeMces until the silo is free from ressenhrus to the greater of $1,00 W 10% of the total cordponsdien moeNed by Materiels, Insudtaved, SIEMENSahaA receive an egUltaMe a #alien prtlme SIEMENS from Groomer under MIS Agreement. SIEMENS reserves the right to complete time Sarviees, and compensation for delays caused ty Hazardous to corlml the defense and se f menl or any claim far which SIEMENS has an MORdshs RCO-dS ton. In do sued SIreA SIEMENS be required or eoraim ear to obggabon under line weneny harm under. The games eeknoWi4lijs that the Pardo take 1118, Manuehlp a responsibility for such On or Hazardous Motorola' which SIEMENS bas agreed to perform its a". and obligations initial this Customer Such sign any required more manfiesis In conformances fin at Agreement Is calculated based upon the (orogoing Ihnitathono of AablRy. and 90vam redregulatlono. Ishing Customeresthe panamfaraP tirovseta. that SIEMENS has expressly relied an, and Would root have antaad Into INS 9.8 Customer wamnte that, prior to the axcuunion of INS Apnemaft. it shoe Agreement butIOrsuCla tmltdlcns Of reality, natty SIEMENS Po Writing or any and MI Haaardous Materi9ls %Man Ia 7.6 Il3s Mdersfdod and agreed by Gird beMean PoO pertlea lhe181EMENS is Customers best laovdedga are present, potentials preasd or lately to beeema no an insurer and this Agreemem is not intended to be an insurance potay or a present at the Services, site and shad provide aadpyor any site safolypolol substitute sa an insolence policy. Insumano, If any, Shah be Obtained by InoWding but not indeed to loub -out and tag procadums, chardod hyglere plan, Customer. Fears are booed sahay upon the "has of the Sarvhes. add we MSOSS Or Oder Items mtNArad to be discksad ormafnleined byfalefal. slats. unrelated to Use value of Customer's property a the property of diners on or local laws. re,ulmlonu or Ordinances, Customers premises. 9.e Customer shall indemnify. defend and hold SIEMENS harnYess front and Ankle A, Lhn9afamoWMa$itansirce ManeAOm CbIMa9as against any damagee, losses, coots. IIabRMas or expenses functional acomeys, 9.1 SIEMENS wa net be responsible for are monzmode, repay a rdidedemeri of, hell, Da ing out of any Oil a Hazardous Materials a from Customer's breach or SeMcas rseealatered by raaaon oh (d) ra+mahtalrebta, norrrepgcaebLa or of, or failure to pafam its air gedano under this Alicia. olydoe Perth, aF tie Egrjmef. Inoludig but not II m dnNrodr, shut and arhas, Ardosei0: rmport/Expartrndemnny heat axderga, car%, unit cehlneha, cashrul mfreday naiad, ehachkel snug. water 19,1 Customer acknowledges that SIEMENS Is rentfrad to comply with and PIUMOSIC Iloilo. SUIRIUM WO ft. 0002V lmnWl' AL sits and haul, eta RdSS applicable export law& and regdadens middg to the safe, exPodotion. transfer. otherwise spxiflealy slated herein; or (b) mglgence, abuse. Rasa., Improptt a assignment, disposal and usage of the Covered Equipment a Serwaes IrSrAagkNa rapalm or modfllkJ Improper cperalon. kid at comfy m.10frrRlxR provided under the Contract. Including cry aspW license mquim.Tnente. a SWt, fags to comply with aveshadaa4Shootig andemvonrramlalaeydransda Customer domes than such Covered EgWpment a Servkas shall not at any Ads of Got," Other reasons beyond Us mrM SIEMENS asswresro msporreft time dmdly or Indirectly be usod, expnnad. Sold, frwsfemed, assigned or Four dry rus"untanned on any Cowed Equivocal N(er, tlam by SIEMENS or IN otherwise disposed of in m mortar Warta art msuff In raw,- compianca with such agwla OPptaable export Ines and neguletions, It shat be a condition of the con9ndrng E2 SIEMENS steal not be respotutge fa WSS, tlaay, Itdrya Woreppaa r1lo Wna P011100 nce by SIEMENS Of its obligations hereunder that COMPliamoa with caused by vNramvaees beyand As mood, hnijft bar no resud%to acs a such WcOdt Imws sM regulations be makdalned at erg times. CUSTOMER adtdonedyOUdmcratsemployees as", Attend God, War, cMcommanion, AGREES TO INDEMNIFY AND HOLD SIEMENS HARMLESS FROM ANY acts of 9wxmmat, fire, (heft caution, good, Water damage, loading. ireezetps; AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES cwrya9ar Madea, program w sytem h JM WIRI foelrods, ditMiereS with RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS wormer, data, aspbsl0rs, querertne rasbtdtOm, re" In dsmpOdareq a ShMage AND REGULATIONS. ofvelsc18s, fur, Hbaormatadeb. Arflceeelr SmalfBmdness Owarem 0.3 tNEMENSis no mspaaible fa ropohs, mpBcamaisa servkesto E-gnprt,s$ 11A CIE MENS drall current to FAR 5221 SF9 regarding the'UtwaH on of Smefl rLetO aonadnr. erosion, ff�ffi samle WorhealmeM byotites, etechaylk Basllaso Co newas". as Pod Or its COmnlaciel Small SCSI... SuWoutedipg acnendcalacuan, are05$asHedaera. Agnacral Win rho retleYal govemmed. SIEMENS policy Is to Offer man BA SIEMENS Sint no�lwreesWSibnofrepacemed hudrrees ewre srre, bneludine Small dsadvadagad busYcesses, Women awned orL'a dampers. twtdmAhhasotdow ons sari airy ohw smaN MldnasSes, HUB7vna smell businesses.vgemn armed srrreN buslnosaes pameredy rtwuntddanyg a airducr COnpo Of Z"Caldy, SIEMENS awl antl samima doubted veteran owrcd small haWnesees, mO `mmdmum pamacni notedie,pddrrs2ie (aaryvantratatlrelrig ofsysisns- oppoHually to pwtlepate In peddrrdng contracts let by any commercial easily, 1W WHERE SERVICES INCLUDE EFFORTS By SIEMENS TO HELP local 90varnated or federal agency, Including s a cznbects for Subsyetans, CUSTOMER TO ATTAIN REBATES ANDOR WCENTMES FROM AVAILABLE Resembles, compwaMs, and related sCMaes for major Systems. Siemens Industry, Ina, OUnding Technologies VIVlsior Siemens Confidential and Proprietary Sarin.. Only 2voo A� RO CERTIFICATE OF LIABILITY INSURANCE °0912 °""”' TYPE OF INSURANCE „20113 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960 -6454 CONTACT NAME: PHONE FAX E-MAIL S: INSURER (S) AFFORDING COVERAGE NAIC 9 GLDIIIO106 INSURER A :HDI-Gerling America Insurance Company 41343 100129- 6- 7BA -SBT1 -13/14 610 Watson NOC60 INSURED SIEMENS INDUSTRY, INC. INCLUDING Travelers Property Casualty Co. ofAmerica INSURER e; P Y Y 25674 INSURER C: The Charter Oak Fire Insurance Company 25615 BUILDING TECHNOLOGIES DIVISION 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60069 -4513 INSURER O DAMAGETORENTEO PREMISES Ea occurrence INSURER E : MED EXP (Any one person) $ 100,000 INSURER F, $ 1,000,000 COVERAGES CERTIFICATE NUMBER- NVD.nnsg9AR1R -m pPVIClunm MIIMGCD• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR TYPE OF INSURANCE ADDL R 5 BR I MD POLICY NUMBER POLICY EFF MMIDDMIYY POLICY EXP (MMIDONMI LIMITS A GENERAL LIABILITY AUTHORIZED REPRESENTATIVE GLDIIIO106 10/01/2013 10/01/2014 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CIAIMS-MADE IE OCCUR DAMAGETORENTEO PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 100,000 PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG $ INCL X POLICY P R,01- LOC $ B AUTOMOBILE LIABILITY TC2JCAP7440L34A13 10/01/2013 10/01/2014 COMBINEDSINGLELIMIT Ea accident 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ N/A X ALL OWN ED SCHEDULED AUTOS Auros BODILY INJURY Per accident ( ) $ N/A X HIRED AUTOS X NON-OWNED AUTOS PROPERTYDAMAGE Per accident $ N/A A X UMBRELLA LIMB X OCCUR CUD1110205 10/0112013 10/01/2014 EACH OCCURRENCE $ 1,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE $ 110001000 DED RETENTIONS $ C B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN (Mandatory in NH) EXCLU ❑EDP ❑N If yes, DESCRIPTION under DESCRIPTION OF OPERATIONS below NIA' TC20UB744OL27113(AOS) TRJUB7440L26313 (AZ, MA, OR &WI) TWXJUB7440L33813 (OH &WA) " "$500KLMT/$500K SIR 10/01/2013 10/0112013 10/01/2013 10/01/2014 1010112014 10/01/2014 X WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E .L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) RE, JOB NO N/A PROVE, D AS �f'rC)]O` F1 Ot `✓ . SEE ATTACHED r�.j' ;19,Q2`�/,k J`I T•,-lY rJ"G'i. / -L, {,. Lama A. Rossini Assistant City Att011 CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: PURCHASING DEPT. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92701 -4010 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashl Mukherjee ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ACORO® AGENCY CUSTOMER ID: 100129 LOC #: Morristown ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE, IL 60069 -4513 CARRIER NAIC CODE EFFECTIVE GATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE, JOB NO. NIA THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBI LE 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 INDUSTRY, 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 INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT, COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON- PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. 101 1200R /091 A PROVED AS TO Laura A. Rossini Assistant City Attorney n 2008 ACORD CORPORATION. All riahts reserved. The ACORD name and logo are registered marks of ACORD HDI- GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEM ENT # 34 Policy Number Named Insured GLD11101 -05 SIEMENS CORPORATION This EndorsemeritCh &Ves The Policy. Please Read ItCamft*, This endorsement modifies insurance provided under the follow[ng: Commercial. General Liability Coverage Farm The insurance coverage provided to the additional insured person shall not proHdeany broader coverage than you are required to provide to the additional insured person in'the written agreement and shall not provide limits of insurance that exceed the lamer of the Limits of Insurance provided to you in this policy, or the limits of insurance you are required to provide in thewrittenagreement, This endorsement shalt prevail over additional insured endorsements that may apply -under this policy unless required otherwise in the written agreement. APPROVED AS TO FORIVI Laura A. Rossini Assistant City Att®rney All term%and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST DE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY Is WRITTEN. Pagel of I A -U v3 493 1 ® A6 o CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDNYYY) 9912912014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960 -6454 CONT T AC NAME: PHONE FAX AIC No Find ac No: E-MAIL ADORES INSURER 5 AFFORDING COVERAGE NAIL N INSURER A;HDI- Geding Amanda Insurance Company 41343 109129- 6 -7BA- $871.14/15 610 Watson NOC60 INSURED SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089 -4513 INSURER B, The Travelers Indemnity Company 25658 INSURER G: The Charter Oak Fire Insurance Company 25615 INSURER D: Travelers Property Casualty Co. of America 25674 INSURER E INSURER F GENERAL AGGREGATE $ 10,000,000 COVERAGES CERTIFICATE NUMBER: NYC - 006326833 -10 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDOY/Yyyy MM /ODY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I-XI OCCUR 1 GLD1110106 1010112014 1010112015 1 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EKE (Any one parson) S 100'000 PERSONAL &ADV INJURY S 1,000.000 GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X I POLICY F7 PRO LOD 'PRODUCTS - COMPIOP AGG $ NCL $ D AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED SCHEDULED X AUTOS X NON -OWNED i HIRED AUTOS AUTOS TC2JCAP7440L34A14 '.. 10101014 10/01/2015 COMBINED SINGLE LIMIT Ea accident 2,000000 BODILY INJURY (Per person) $ NIA BODILY INJURY (Per accident) $ NIA PROPERTY DAMAGE Per acc,denl $ NIA $ A X UMBRELLA LIAB EXCESS LIAR X (OCCUR CLAIMS -MADE CUDIII0206 1010112014 10/0112015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 pED RETENTION $ $ C B D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE� OFFICERMIEMBER EXCLUDED? (Mandatory in NH) dyes, descdhe under DESCRIPTION OF OPERATIONS below NIA T020UB744OL27114(ADS) TRKUB7440L28314 (AZ, MA, OR & WI) TWXJUB7440L33814 (OH ( ) " "'$500K LIMIT I $500K SIR " "' 10/0112014 1010112014 1010112014 1010112015 1010112015 1010112015 X WC STATU- oTH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1.000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD tot, Additional Remarks Schedule, if more apace is required) RE: JOB NO. NIA FORM, SEE ATTACHED PROVED AS TO FORM„ Laura A. Rossini CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: PURCHASING DEPT. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA. CA 92701 -4010 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988.2010 ACORD CORPORATION. ION. All rights reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 100129 LOC #: Morristown AC"Ra ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED MARSH USA. INC. SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE, IL 60089 -4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: JOB NO WA THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDERTHE ABOVE REFERENCED 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 INDUSTRY, 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 INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON - PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. i PROVED AS TO ORM 'V" CY'L A Q�d ✓ ��1/'l.i� Laura A. Rossini Assistant City Attorney ACORD 101 12008/011 C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HDI- GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT # 34 Policy Number GLD 11 101 -06 Named Insured SIEMENS CORPORATION Policy Period: Inception (M -D-Y) Expiration (M -D-Y) Effective Date and Time of Endorsement 10-01 -2014 10 -01 -2015 10 -01 -2014 1201 a.m. Standard Time atAddress of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided underthe fallowing Commercial General Liability Coverage Form Who is an insure d is am ended m include as an insured any person whom you are required to add as an additional nsured on this policy under a written agreement. The Insurance coverage provided to such additional insured applies only to the extent required within the written agreement. The insurance coverage provided to the additional insured person shall not provide any broader coverage than you are required to provide to the additional insured person in the written agreement and shall not provide limits of insurance that exceed the lower of the Limits of Insurance provided to you in this policy, orthe limits of insurance you are required to provide In the written agreement. The insurance provded to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent, or on any other basis, that is available to the additional insured for a loss we cover underthis endorsement. However, if the written agreement specifically requires thatthis insurance apply on a primary basis, this insurance is primary_ If the written agreement specifically requires this insurance apply on a primary and non- conthbutory basis this insurance is prim ary to other insurance avalable to the additional insured and we will not share with that other insurance, This endorsement shall prevail over additional insured endorsements that may apply underthis policy unless required otherwise in the written agreement. Authorized Representative All terms and conditions of the policy remain unchanged. APPROVED AS TO FORM Ru'�V Laura A. Rossini Assistant City Attorney THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page L of 1 COTC PROCESSING FORM Agreements / Amendments / Deeds TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Santa Ana Police Department nF'(' 22 I'M 5X13 OF SANITA I`,NA Rh OF C';c)UNM! MAIL STOP: M-97 PROJECT MANAGER: W-Rebert-C- arreli- (f rn d A. . son j'a f V EXT 8135 AGREEMENT NUMBER (if amendment): A / N A- 2013 -183 / ` t AMENDMENT NUMBER (if applicable): ❑ 2ND F] 3RD ❑ NAME OF CONSULTANT/ PARTX-' Siemens Industry, Inic AMOUNT: ❑ * OVER $25,000 - (A) UP TO $25,000 - (N) Note: If your agreement with a vendor exceeds $25,000 within a Fiscal Year, then you will need to obtain Council Approval. ❑ 1) NOT approved by council. ❑ 2) Approved by council. COUNCIL APPROVAL DATE: ITEM #: TERM OF AGREEMENT- EFFECTIVE DATE: 11 -11 -13 /'r- - TERMINATION DATE. 5 -31 -15 / SIGNATURES REQUIRED: ❑ VENDOR ❑ AGENCY ❑ CITY ATTORNEY ❑ OTHER (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: © YES ❑ NO (Provide City Attorney Office approval) AUTO CGL (Commercial General Liability) ❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION COMMENTS: Insurance Renal ONLY. Xevvalkovers both Agreements listed above. FOR CLERK OFFICE USE ONLY: ❑ PROCESS ❑ DO NOT PROCESS -Tt c ""0 ❑ Needs Council Approval« cIj ❑ Missing Signatures > r a ❑ Other ADDITIONAL REMARKS: ........ ....... ...__.__.____. * Charter amendment effective December 21, 2006 for City Manager contract authority increase; NS -2717 1:1Agreennents\Fornn - AGREEMENT PROCESSING FORM--canary doc Revised: 1 /17/2012 CERTIFICATE OF LIABILITY INSURANCE OATE 09129//2014 2014 YVY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA, INC, 445 SOUTH CONTACT NAME: PHONE Ext u A/C No : EMAIL ADDRESS: MORRISTOWN, NJ 079606454 INSURERS AFFORDING COVERAGE NAIL k GLD1110106 INSURER A:HDI- Gerling America Insurance Company 41343 100129- 6- 7BA -SBT1 -14/15 610 Watson NOC60 INSURED SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION INSURER B : The Travelers Indemnity Company 25658 INSURER C: The Charter Oak Fire Insurance Company 25615 INSURER D: Travelers Property Casualty CD, of America 25674 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089 -4513 DAMAGE TO RENTED PREMISES Be occurrence $ 1,000,000 BED ENE (Any one person) INSURER E: PERSONAL &ADV INJURY INSURER F: COVERAGES CERTIFICATE NUMBER: NYC - 006326033 -10 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF ADDLSUSR POLICY NUMBER POLICY SEE MMIDOIVYVV POLICY EXP (Ni LIMITS A GENERAL LIABILITY GLD1110106 10/01/2014 10/01/2015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [fl OCCUR DAMAGE TO RENTED PREMISES Be occurrence $ 1,000,000 BED ENE (Any one person) $ 100,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 10,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $ INCL $ X POLICY PRO LOC D AUTOMOBILE LIABILITY TC2JCAP7440L34A14 10/01/2014 10101/2015 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ N/A X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ N/A X HIRED AUTOS NON-OWNED AUTOS PROPERTY Prr accident) $ N/A $ A X UMBRELLA LIAR X OCCUR CUD11102D6 10/01/2014 10/01/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ C B D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN (Mandatory in N (Mentlatory in NH) NIA TG20UB7440L27114 (ADS) TRKUB7440L28314 (AZ, MA, QR &Wp TWXJUB7440L33814&WA (OH I 10/01/2014 13/61/2314 10/01/2014 115 ON1I20 10/31/2315 10/01/2015 X WC STATU - OTH- E.L. EACH ACCIDENT 1,330,630 $ E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DE SCRIPTION OF OPERATIONS below " "'$500K LIMIT / $500K SIR " "' E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE, JOB NO. N/A SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: PURCHASING DEPT. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92701 -4010 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee cch,c+. -ea- © 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 100129 LOC #: Morristown ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. INCLUDING BUILDING TECHNOLOGIES DIVISION 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE, IL 600694513 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: JOB NO. N/A THE CITY OF SANTA ANA, ITS OFFICERS, EM PLOYEES, AGENTS, AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND L 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 INDUSTRY, 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 INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT, COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON- PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS, ACORD 101 12008/011 Cc1 200R ACORD CORPORATION_ All rinhtc The ACORD name and logo are registered marks of ACORD HDI- GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT #34 Policy Number ' Named Insured GLD 14101 -06 SIEMENS "CCRPCRATI CN Policy Period: Incepti on (M -D -Y) Expiration (M-0•Y) Effective Date and Time of Endorsement 10-01 -2014 10 -01 -2015 10 -01- 2014 12 :01 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Pleas a Read lt Carefully. - BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided Lin derthe following' Who is an insured is amenc Insured on this policy under only to the extent required in Commercial General Liability Coverage Form Du you Th1s endorsement shall prevail aver a did itlon@I insured endorsernents that may apply underthis policy unless required otherwise in the written agreement Authonied Representative All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS W RITTE N. Page, i;of t