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HomeMy WebLinkAboutSIEMENS INDUSTRY, INC. 12 -2014 City of Santa Ana Clerk of the Council COTC Office Use Only AGREEMENT TERMINATION FORM rq I f) i,Please complete this form in its entirety when the attached'agreement ana all rL.: n amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention ruirements 1 • Z. ,! - have been satisfied prior to signing the termination form, • • :' Is the agreement(s) a permanent record?Yes No )( Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with 3169702- 1/45 _fivIa541, 11 ) ,t-nd No. A- 9-61(1- / /I was completed on 01'1 LS and find payment has been made. (List all amendments. Use space below if needed.) ee (/ -4720,410 Department: f/1$ñ bI6 Phone/Ext.: /797 `,2/11*.)11 Signature: Date: Revised: 10-18-16 INSURANCE ON PILE tNORK MAY PROOF U UNTIL INSURANCk EXPIRES oOF ff -d -Zit P CLERK COUNCIL PATE: &_ S -!q AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES A -2014 -117 THIS ACREBUrN ] (Agreement " }, made and entered into this 20`x' dray of May, 2014, by Siemeas Industry, Inc,, (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RLMAU A. The City desires to retain u Contractor having special skill and lmowledge in the field of advanced energy efficient lighting technology to implement an energy management system in City Bail and the Ross Armes. 13, Contractor represents that it is able and willing to provide such services to the City, C, In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be, expected from a professional consulting f rm in the field. NOW THERE, FORE, in consideration of the mutual and respective pronvses, and subject to the terms and conditions hereinafter set forth, tho parties agree as follows: T. SCOPE OF SERVICES Contractor shall to implement an energy mariagenient system in City Hall and the Ross Annex and install energy efficient lighting toolurology pursuant to Contractor's proposal no, 7M20F'Y14 dated April 2, 2014, attached as Exhibit "A" hereto and Incorporated by this reference. 2. COMPENSATION The Contractor agrees to accept as total payment for its services a sign not to exceed $620,000,00. Contractor acknowledgoa that finading for this project is contingent on City obtaining and maintaining financing through the Southern California Edison (SCE) On- Bill 1lnaneing (Ol3P) Prograan. Contractor agrees that any inability by City to obtain 013F or interruption in the OBF shall be grounds for City to terminate this Agreement and City's obligations hereunder. 3, TERM Titis Agreement shall corn mend on the (late fast written above and termfnato on June 30, 2015. Tho tenon of the Agreement may be extended by a writing executed by the O senor of the Public forks Agency. 4. OWNERSHIP OF REPORTS AND DOCI MENT6 The originals of all snaps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the propoity of City. Copies may be wade fbr, Contracdtr's records bul: shall not be furnished to othors without written authorization front City. Such delivorables shall be dooated works niade for hire and all rights in copyright therein shalt be retained by City, 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire terry of this Agreement, be construed to be aii indepmident contractor and not an araployeo of the City. This Agreement is not 'intended nor shall it be constsucd to create an employer - ornployee, retationuslaip or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unomptoynnent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. G. INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Conunorcial General Liability Insumnre. Contractor shall mahrtain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal Injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement. 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000,00) per occurrence. Such insurance shall Include coverage for owned, hired and non,owned automobiles. c. Workers Compensation Insurance, hr accordance with the provisions of Section 3300 of tho Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not loss than Ono Million Dollars ($1,000,000.00) per accident. d, If Contactor 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 One Million Dollars ($1,000,000,00) per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section; (i) Contractor shall maintain all insuranco required above in full force and effect fur- 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 cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £. if Contractor fails or reklisos to produce or maintain the insurance required by this section or fails or refuses to furnish the City with regtured proof that insurance has been procured and is in Ponce kind paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such ternilnation shall not affect Contractor's right to be paid for its three and materials expanded prior to notification of termination. Contractor waives the tight to receive compensation and agrees to indemnify the City for any worts performed prior to approval of insurance by the City, 7. INDEMNIFICA'T'ION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, 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 death, and claims for property damage, which may arise from work negligently performed by operations of the Contractor or its subcantraetors, 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 olaims 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 terra of, or effects, arising from this Agreement, but only to the extent of Contractor's negligence or willful misconduct The Contractor further agrees to indemnify, hold harmless, and pay all cost for tire, defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreemont, 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, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives fMm the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any infornimion that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without anobligaticn of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or othor aonvrruruoation 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 faosinule or other telegraphic communication in the manner provided in this section, to the following persons: To City: Clone of the City Council City of Santa Ana P,O. Box 1988 M -30 Santa Arta, CA 92702.1988 Fax: 714 -647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 Pax: 714 -647 -5069 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Pax: 714- 647 -6515 To Contractor: Siemens Industry,Ino. 10775 Business Counter Drive Cypress, CA 90630 Fax:855- 8028459 Attn: Julie Matz 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, eennmunication 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 telefacsinule, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on tine transmission report issued by the tt'ansmiaing facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AM'ENDMEN'T This Agreement represents the complete and exclusive statemcia between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shatl prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative o£Cotitiaotor. The parties agree that any term or conditions of any purchase order or other instrvurrent that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate neither Contractor nor the City, Each party to this Agreement aelamwledges 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 is not embodied herein, 12, ASSIGNMENT Inasmuch as this Agreement is intended to secaro the speoi ilized services of Contractor, Contraotor may not assign., transfer, delegate, or subcontract any interest herein without prior written consent of the City, and any such assigranent, transfer, delegation or subcontract without the City's prior written consent shall be considered mull and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the serviees which are the subject to this Agreement performed by the City personnel or by other Contractor retained by City. Notwithstanding the above, Contractor may transfer and assign its rights, or delegate its dudes or obligations without the prior written consent of The tyty of Santa Ana in the event of a merger, hrtegration, reorganization, corporate restruotruing or the sale of all or substantially all its assets. In case of such transfer or assignment, Contractor shall take care that the transferee, assignco or sua:cssor will comply with the terms and conditions of this Agreement. 13, TERMINATION This Agreement may be terminated by the City upon thirty (30) clays written notice of tennination. For a tcnl7 nation for convenience, the tenninaticnr shall be, effective upon Contractor's reoeipt of City's written notice of such termination. For a termination for cause, the termination shall be effective thirty (30) days after Contractor's receipt of City's written notice thereof and Contractor's fallum during that period to cure tine cause or default which is at issue and the reason for the notice of termination, or reasonably initiate a cure during such tinge, hr such event, Contractor shall be entitled to receive, and the City shall pay Contractor within sixty (60) days compensation for all services performed by Contractor prior to receipt of such notice of terviinadon subject to the following conditions: a. As a oonditian of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and iu such case such work product shall be property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate, b. payment need not be made for work which fails to meet the standard of performance speolfied in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national mmgha, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities, Contractor affirms that it is an Nual opportunity employer and shall comply with all applicable federal, State and local laws and regulations. 15. JURISDICTION— VENUE Thus Agroornent has been executed and delivered in the State of Califoriva and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreoment 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 Agreemont. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the prevision of services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other govcnaneutal agencies, Contractor 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. 17. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and /ronl or tangible; property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting can their behalf in connection with theperfonnance of this Agreement, 18. FAILURE TO PERFORM SATISFACTORILY a, Contmetor acknowledges and agrees that subject to the notice provisions In Artiole 11 and except in cases of force majeure, if the Contractor fails to perform the work as specified horcin, the Director, 1) will pay only for the amount of servieo received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work.. h, If Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non-completion per schedule totals five percent "(5 %) of the total contract price, the City shall notify the Contractor of such noncompliance, if the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard perfhrnranee, nonperformance and/or forfeiture for non-completion per schedule totals ton percent (10 0/0) ofdw total oowntot price, this Agreement may be terminated at the City's option. In the event of termination for tntsatisf,'actory perforrttanco, the original Contractor shall relrnbnrsc the City for damage; accrued clue to changing contractors. T9. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum, safety to the public and where applicable, comply with all safety standards required by CAL. OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmfitl acts are observed or reported relative to the performance of the work under this contract, 20, HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency, 21. PROTECTION AND RESTORA'T'ION OF EXISTING IMPROVEMENTS The Contractor shalt be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, coiling tiles, walls, plaster, lighting fixtures etc., located on the property. I£ any improvements are damaged they shall be replaced in kind at the Contractor's expense. 22, WORT` 131' CITY FORCES BECAUSE 01r NONCOM , ORMANCE'T'O CONTRACT Should the Contractor fail to coiTeot deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of all emergency nature and cause the City to make corrective work. Such work will be done on a force account basis with an additional eallout charge of Two Hundred Dollars ($200.00) for each eallout, 23. APPRENTICESHIP STANDARDS Where required under law, Contractor shall assurne full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code, 24, SUBCONTRACTORS The Contractor shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal, b. Permit any subcontract to be assigned or transferred or allow it to be perforated by anyone other than the original subcontractor listed hn the proposal. c, Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2) of one (1) percent of tho total proposal and a subcontractor was not designated for the work in the original proposal. 25. MISCELL.ANI;OUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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 aril attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, hold by the signatory or is withdrawn. b, All exhibits rcfcrenced 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 Agreettent the date and year first above written. ATTEST: CITY , N'I'A ANA �_.L v�., Y�'j� MARIAD, k-CUIZAR �✓ ^Otlr V ;V David Cavazos Clerk or the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Sy: oseplt mkit m ,,,, ASsistaru City Attorney RECOMMENDED FOR ?' 2C VAL: Edwin "William" Galvez,P.E Interim Executive Director, Public Works Agency Siemens Industry, Inc. Name Title Daniel H. Holmes Area Sales Manager Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Phone 714- 331 -5860 Pax 855.802.8459 Customer: CityofSantaAna Address; 20 Civic Center Plaza Santa Ana, CA 92701 Attn: John Aguilar Proposal: City Hall & Ross Annex Lighting Control Project SIEMENS Proposal Not M1 9FXI4 Date: 412/14 Siemens Industry, Inc, is pleased to present the following proposal for a multi- faceted project for lighting energy savings at two City of Santa Ana buildings; City Hall and Ross Annex. Both sites are scheduled to rccelve TO advanced lighting technology that combines wireless controls, dimmable ballasts and supersaver Ws to maximize energy savings. All of this is done with the ability to utilize the investment the City has already made in their Siemens building automation system. , The lighting will be monitored through an existing Siemens APt GEF system to allow the building managers a comprehensive view of the building as a whole. At City Hall, nearly all T8 linear fluorescents will be converted to demand response dimmable program start technology. All dimming ballasts will be initially tuned to Me (20% dimming) to take advantage of the higher lumen output of the new 28 watt XPXI, lamps. These new super long life T8 lamps are rated at 84,000 hours of life, and come with a full seven year systern warranty. All 3 and 4 lamp fixtures will be de- tamped to 2 lamps and fitted with optical reflectors to increase fixture efficiency, This proposal also plans to do -lamp and /or disconnect 10% of the 2 lamp linear T8 strip fixtures found throughout the building. Finally, 50% of the lobby metal halide fixtures are, slated to bo disconnected to boost energy savings in a space that is currently over lit. All these retrofits will be supported by a wireless control system. The wireless control system will have complete functionality for integrated taro based scheduling, oaupanoy sensor control, and daylight harvesting. The system is also compatible with automatic and manual demand response if desired in the future, The proposed retrofits for Ross Annex arc nearly identical. This building will also install the linear fluorescent demand response program start system described above, with the same initial task tuning to 80 %. The strategies employed in all 3 and 4 lamp fixtures at City Hall will be maintained in the Atmex as well. Select lobby and elevator area recessed lighting are scheduled to bo de- lamped to increase savings. All spaces in excess of 8 light fixtures will receive occupancy sensors. The wireless control system will he Hilly implemented. Scu—e of Work • Retrofitting all of the existing T8 fluorescent normal ballast factor fixtures with new reduced ballast factor electronic ballasts. • De•lamping the existing 3 -lamp T8 fluorescent fixtures to 2 -lamp T8 fluorescent fixtures. Decommissioning a rsrurnber of fluorescent fixtures in areas that are over lit, • Retrofitting the incandescent lamps with LHD equivalent lamps. • Installing occupancy sensors in areas to reduce lighting fixture operating hours. • Installing a lighting controls system capable of scheduling the lighting fxtures ordoff. • Updating Insight graphics to show lighting sterns, Please see El Adbit A for line by line lighting scope detail. siemens Industry, Inc, 10775 Buslress Center Drive Phone 714.331,3860 Page I 1 Cypress, CA 90830 Pax 65$.802.8460 Ww . slemens.com L i i_m • Design of lighting fixture lay -outs, plans, lighting distribution or olectrieal as Lighting Work is limited to lamp /ballast replacement only • Battery back -up ballast replacement • Lighting retrofits in areas not covered in Exhibit A o Replacement of broken lenses • Replacement of emergency lighting • Exit lighting and signage, • Replace existing broken occupancy sensors r Guaranteed savings Clarifications • Lighting Work will be performed during normal business hours (4pm - dam), city to provide seems. • City to provide any Ethernet drops and access to their network • Contract adheres to prevailing wages • Project will have progress billing on a monthly basis Siemens has worked closely with the City to apply for on bill financing for this project. Siemens used the calculated approach to estimate the energy savings. Please see below for the base and proposed energy use: Solution Code Base kWh Proposed kWh kWh Savin s Base IcW Proposed kW kW Reduction Measure Cost Measure Incentive Solution Code Incentive LT -51003 656,92!! 438,084 218 8.39 188.80 124.12 64.68 $127,538 0.12 $26,261 LT -56453 2,363 360 2,003 0.79 0.13 0.66 $1 167 0.17 $341 LT -50567 381,398 263,815 117,583 143.76 _ 143.76.. 0.00 $68527 0.17 $19989 LT -43077 318,950 204,810 114,140 117.58 - 88.20 29.38 $422,768 0.12 $13 697 Totals 1,359,634 907 069 452 565 451 _ 356 94,72 $620,000 _ _ $60,287 Simple Payback Calculations below: Total Project Price Utility Incentives After Incentives Pre Energy Use Post Energy Use Energy Savings (kWh /yr) Electricity Cost Energy Savings ($ /yi) Energy Savings ( %) Siemens Industry, Inc. 10716 nosiness Center Drive Phone 714.331.6800 Cypress, CA 00630 Fax 855,802. &45fl WV,W. slemens.eom ]neMles $]00/kW savings incentive kWh Page 12 Siemens Jrrdushy, lne. price to perform the mentioned services: Six hundred and Twenty Thousand _ DOLLARS If any additional labor or materials are required above and beyond the outlined scope of service, additional charges may apply. You will be informed prior to the commencement of any such services. In order to execute the proposed work, please complete the information provided below. If I may be of any assistance, please feel free to contact meat (714) 331.5800, Your active consideration of Siemens Indusry, lac service is greatly appreciated. The Terms and Conditlow of Sale drawn on the attached are a part hereof Proposal Accepted: Siemens Industry, Inc. is authorized to proceed with the work as proposed, Signature Print Name Title Date Respectfully submitted, Julie Metz Siemens Industry, bye Cell; 714.331.5860 E -mail: Julie.ntotz tr siemens.corn Siemens Industry, [no, 10775 Business Center Drive Phone 714.331.5860 Cypress, CA 00630 r -ax 855.802.8459 www. slemena cam Proposal Submitted: Siemens Industry, Inc. Signature _ Print Name Julie Metz Title Sales Executive Page 13 SIEMENS laimlooly 4 Siemens Industry, Inc. 10775 Business Center Drlve Phone 714.351 6860 Pngo 14 Cypress, CA 90630 Fax 865,802,0459 w w. slennens,00hl you lmu ora¢ /� A! 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QiisiPiik'miG °k�I�tNM �g r¢r -- t+s�aYrY ° IIMM 011 •tttaa�. e..:..^ -tom ®rGh ri4S1 f �.`,�! um T ., 1i4•.T�. �F<D®tllu ®�� � . v E�,� �� ���� ��{[m� [� � � • ; �® �P.Ir® Irrrrm�i�i nar L4iIII'F1[u317r¢!cn anpul�0t � ��ro- � 'a rr� �FIIa�y .•��' rma rrt� � tia ammr[ ��t � fF1�1i14 �® � ®m�Q mma�pp � m�r� •, T]P3ff'fiirrrK �� tL ®®H ikl 0Gm[�r�.S�Samtm vL�SaSS�flI FI 5 .. 11 � p IFS a:�ridp�jlj�[P�IIMESt3l� -IIIY[9LIEB{�}1r9 &+!E2LZ �yr_yp � . x� � i L�� L.�� :. p[ ' '�• YIYY�IIIRTE.U.fFR ora¢ `°°�'�"R& CERTIFICATE OF LIABILITY INSURANCE li, DATE /2013 YYYY) 0912712013 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 pollcy(les) 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. 446 SOUTH STREET MORRISTOWN, NJ 07900.0454 HAME AME1 FAX N E-M R INSURER(S), AFFORDING COVERAGE NAIC INSURER A:HDI- Gerling America Insurance Company 41343 100129.6- 7BA -SBT1 -13114 610 Guzma INSURED SIEMENS INDUSTRY, [NO, INCLUDING BUILDING TECHNOLOGIES DIVISION INSURER S; Travelers Properly Casualty Co. of America 26674 INSUReac; The Charler Oak Fire Insurance Company 25615 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089.4613 INSURER D; INN RE; 10,000,000 SENT AGGREGATE X POLICY INSURER F ; PRODUCTS- COMPIOPAGG $ INCL COVERAGES CERTIFICATE NUMBER; NYC - 006042884.42 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 AUDL INSP BURR POLICY NUMBER MMIDCY EFF POLICY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rT OCCUR OLD111O105 1010112013 10/01/2014 EACH OCCURRENCE $ 1,000,000 PREMISEli o ^urrre $ 1,000,000 $ 100,000 MED EXP Any one person PERSONAL &ADVINJURY $ 11000,000 GENERAL AGGREGATE 10,000,000 SENT AGGREGATE X POLICY LIM IT APPLIES PER: PRO LOC PRODUCTS- COMPIOPAGG $ INCL $ B AUTOMOBILE X X X LIABILITY ANYAUTO AUT OWNED SCHEDULED X NON -OWNED HIRED AUTOS AUTOS T02JCAP1440L34A13 1010112013 1010112014 COM @I MINGLE LIMIT 2,000,000 BODILY INJURY (Per person) $ NIA BODILY INJURY (Per accident) $ NIA PReOPERTY DAMAGE $ NIA $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION IS C B B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE YIN OFFIDERIMEMBER EXCLUDED? (Mandatary In NH) If yae, tlaecnhe antler DESCRIPTION OF OPERATIONS below NIA T 20UB744OL27 (A OS) TRJUB7440L28313 (AZ, MA, OR WI) TWXJUB7440L33813OH &WA ( ) 1 °�$606K LIMIT/ $500K $R "° 10/01/20 3 1010112013 10101IM13 1011HI2014 10101/2014 10101/2014 X WC STATU. OTH- LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 ELL. DISEASE -EA EMPLOYE $ 1,000,000 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: 401330', MAINTREP ALARM SYSTEM -PA FACILITY 2600023868 ALLOPERATIONS SEE ATTACHED CAP,6p OVFD AS TO FORM CERTIFICATE HOLDER Assistant Cary t-itturuc,y f`ANf`Pr I ATInN CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN', CLERK OF THE CITY COUNCIL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA (M -30) ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 1988 SANTA ANA, CA 92702 -1988 AUTHORIZED REPRESENTATIVE of Mash USA Inc. Manashl Mukher) ee ©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 Ace's 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 800894613 CARRIER NAIL CODE EFFECTIVE DATE: AUDI I IUNAL KCIVIAKKC9 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: 401330; MAINTIREP ALARM SYSTEM - RD FACILITY 2600023888 A1.40PERATIONS THE CITY OF SANTA ANA - 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND NONCONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC. OR ITS SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS ACORD 101 (2005/01) 02000 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD HDI- GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT #34. Policy NLimbor Najried Insured t3Cp71101 Q5 SIEMENSCORPPRATION lo-D1 -13 10 0'I.1,1 1 o-01 -12 IZ:01,;p.m. Standard Tinie atAddrsss pithe Insuirod.. rhisVW*rsemwtChinget7hePoticy. Please Read itcaeefu!(y. r jpulsuvnnla r This endorsement modites insurance.provi'ded under the following;. Commerdial General Liability Coverage:t'orn1 Who is an insured is amended to- Include as an insured any person whom. yore are required to ado as an additional insured ad.tFiis polioy under a written agreemanI. The Insurance ooverAge provided to such ad, No lal insured;applies only to the axtent roquirad within ttie written.agreement: Thellisurance owerOga Pi'mided to. the additional insured. person.shall not prVAde any bfoader coverage hyou are required to provide to the additional insured person in the written agreement and shag. hot proW'd'e Ilmits of insurdne'e that exceed the Iower ofthe. Llimits of Insurance:prdvided;to you In this policy, or the limits ofinsurarice yaw are required to provide In the writien agreement.. on a primary and non= oontributory basis this: insurance is and we will not shore,with.that other insurance,. to the a, TWs endorsement shall prevail over additional insured endorsements that may apply ender this policy whiles s required otherwise In the.written agreement, All terms' and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHEO TO A CHANGE EN pORSEMENT WHEN ISsm AJPTER THE PQLICY IS WRITTEN. Page 1 of 1