HomeMy WebLinkAboutItem 20 - Agreement for Main Library Renovation Project and Outdoor Library at Jerome ParkLibrary
www.santa-ana.org/library
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Main Library Renovation Project and Outdoor Library at Jerome Park
AGENDA TITLE
Agreement with Siemens Industry, Inc. for the Main Library and Outdoor Library at
Jerome Park Projects (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for
equipment, licenses, construction oversight of security camera installation, and
integration into the City network for the Main Library Renovation and Outdoor Library at
Jerome Park projects, in the amount of $64,200, with a 10% contingency, for a total not
to exceed amount of $70,620, for a term expiring December 31, 2026, with a provision
for a one-year extension (Agreement No. A- 2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Ensuring safe, equitable, and accessible facilities is an important part of providing
Library Services to the community. Therefore, included in the scope of work for the Main
Library Transformation and Outdoor Library at Jerome Park projects, contractors will
procure and install security camera systems. While the contractors will handle the
installation of the cameras, Siemens, as the City's primary security systems vendor, will
be required to configure the camera system to ensure continuity and proper integration
with the City's existing security platform.
Siemens will provide the Library with both an on -site server and uninterruptible power
supply that will integrate with the City's current camera system and allow continuous
recording of the Main Library's 28 cameras and the Outdoor Library's single camera.
Siemens will also provide Milestone device licenses for the cameras that will integrate
into the City's current system. Further, Siemens will assist with construction oversight of
the camera installations as needed to ensure the new security systems are installed to
the City's specifications and standards.
The Santa Ana Police Department currently has a master agreement with Siemens for
on -going, citywide video surveillance system maintenance, repair, and installation
Main Library Renovation
August 20, 2024
Page 2
Project and Outdoor Library at Jerome Park
services through Request for Proposal (RFP) No. 20-053. Siemens has provided
security camera system services to the City since 2013. Santa Ana City Municipal Code
Section 2-807 authorizes the City to award agreements following a competitive bidding
process by other public agencies meeting the City's requirements. RFP No. 20-053
meets this requirement.
Construction of the Main Library Transformation Project and Outdoor Library at Jerome
Park are anticipated to be completed in March 2026 and March 2025, respectively.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and available in the following account and will be presented to City
Council for approval of carryforward to FY 2024-25 as part of the citywide carry -forward
process. Additional proposed carry-overs of unspent funds to future fiscal years will be
presented to the City Council for approval as needed.
The following table summarizes the funds budgeted for expenditure for the agreement:
Fiscal
Accounting Unit
Fund
Accounting Unit, Account
Year
- Account No.
Description
No. Description
Amount
(Project No.)
EXISTING BUDGET TO CARRYFORWARD TO FY 24-25
01111017-
Library Service
2024-25
66200
General Fund
Enhancement, Buildings
$70,620
& BuildingImprovements
TOTAL
$70,620
EXHIBIT(S)
1. Agreement
2. Outdoor Library at Jerome Park Rendering
Submitted By: Brian Sternberg, Executive Director of Library Services
Approved By: Alvaro Nunez, City Manager
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
SIEMENS INDUSTRY, INC. TO PROVIDE SECURITY CAMERA INSTALLATION AND
INTEGRATION FOR MAIN LIBRARY AND JEROME PARK
THIS AGREEMENT is made and entered into this 20th day of August, 2024 by and between Siemens
Industry, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of
security camera installation and integration for security camera projects at the Main Library
and Jerome Park outdoor library.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment,
and incidental customary work required to fully and adequately complete the services described and set
forth in Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services under
this Agreement, the rates and charges identified in Exhibit A. The total sum to be
expended under the term of this Agreement shall not exceed $70,620. This sum is
compromised of a base fee of $64,200.32 and (2) a contingency amount of $6,420 for
additional services at the City's sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need
not be made for work which fails to meet the standards of performance set forth in the
Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may
be extended for one, one-year extension upon a writing executed by the City Manager
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other requirements
on "public works" and "maintenance" projects. If the services being performed are part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents
free and harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided
in a manner consistent with all applicable standards and regulations governing such services. Consultant
shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain
and shall require any subcontractors to maintain insurance as described below for the entire Term of this
Agreement against claims for injuries to persons or damage to property which may arise from or in
connection with the services, products and materials supplied to City. Total cost of such insurance shall
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be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL
on an "occurrence" basis, including products and completed operations, property damage, bodily
injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and
$2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess
insurance policies.
2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering Code 1 (any
auto), with combined single limits no less than $1,000,000.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee,
per policy for bodily injury or disease.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim,
and $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above,
the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by
the Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and
Automobile Liability policies, with respect to any liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agree to waive all rights of subrogation against City, its
City Council, its officers, officials, employees, agents, and volunteers for losses paid under the
terms of any policy which arise from work performed by Consultant for City.
3. For any claims related to this contract, Consultant's insurance coverage shall be primary and
any insurance maintained by City, its City Council, its officers, officials, employees, agents,
or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that
Consultant's insurance shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,
voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed
except after thirty (30) days prior written notice has been given to City. Ten (10) days prior
written shall be provided to City for policy cancellation or non -renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
Attention: Maria Castro, 26 Civic Center Plaza, Santa Ana, CA 92701. The name and location
of project should be included in the Description of Operations section of each certificate.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. City may require the Consultant
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause)
and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required documents prior to
the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required
by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, 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 the negligent operations
of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which
relates to the services described in section I of this Agreement; and (2) from any claim that personal
injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding
any action by a third party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises
by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions
with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
M
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives,
and employees against any and all liability, including costs, and attorney's fees, for infringement of any
United States' letters patent, trademark, or copyright contained in the work product or documents provided
by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect,
which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided
5
in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Library Services Director
Library Services Agency
City of Santa Ana
26 Civic Center Plaza
Santa Ana, CA 92702
To Consultant: Siemens Industry, Inc.
Attn: Benjamin Peeples
6141 Katella Avenue
Cypress, CA 90630
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
fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays
shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except
by written instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms 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 Consultant or 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.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
2
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.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for
all services performed by Consultant prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, 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
or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
7
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Consultant shall notify the City immediately and in writing of its
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this Agreement.
21. MISCELLANEOUS 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 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.
[Signatures on the following page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: -/-� z /) AJ, f�
K-yfe Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL
B,ian S:y 31, 202412:30 PDT)
Brian Sternberg
Library Services Director
Library Services Agency
CITY OF SANTA ANA
Alvaro Nunez
Acting City Manager
SIEMENS INDUSTRY INC.
M Aar
Benjam n Peeples (Ju131, j02414:43 PDT)
Benjamin Peeples
Branch General Manager
9
EXHIBIT A - PROPOSAL
PROPOSAL
Main Library/Jerome Park Integration + Construction Oversite
PREPARED BY
Siemens �MsArAin,8 " . WN't S
PREPAR R •
CITY OFS ,ra nsform i n the Everyda3
DELIVERED ON
June 27, 2024
v+s •rwt
10 j7M
Contact Information
Sales Executive:
Branch Address:
Telephone:
Email Address:
Customer Contact:
Customer:
Address:
Services shall be provided at
Proposal #
Date
Hannah Canales
6141 Katella Avenue
Cypress, CA 90630
(657) 413-8648
hannah.canales@siemens.com
Eduardo Linares
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
Main Library+Jerome Park
SIEMENS
8938263
June 27, 2024
Page 2 of 12
SIEMENS
Scope of Work
Siemens has been asked by City of Santa Ana to provide an onsite server for the Main Library and Jerome Park
(Library Extension). Siemens will provide installation and integration into City network.
Server Installation SOW:
• Recording requirements include 15fps continuous recording up to the servers maximum capacity of
200TB.
• Onsite UPS has been included as instructed by CoSA IT Team.
• Siemens technician will be onsite for approximately (1) day. If additional time is needed, a change
order will follow.
Milestone Device Licenses:
• Siemens to provide Milestone Device Licenses for (28) Cameras.
• Includes Jerome Park (1) Camera.
Construction Oversite SOW:
Siemens technician to provide oversite of contractor camera installation not to exceed 5 business
days.
Page 3 of 12
SIEMENS
Pricing Breakout
Top Level Costs Sell Price
Technology Fee $642.00
Programming Labor $3,254.22
Tax $1,513.97
Total $5,410.19
Server Sell Price
Equipment $34,803.90
Labor $2,393.11
Total $37,197.01
Material
Qty ID
Description
Unit Sell
Ext Sell
1 R9999
HPE DL380 Gen11 12LFF Server
$30,479.77
$30,479.77
1 R9999
UPS
$4,324.14
$4,324.14
Page 4 of 12
Milestone Camera Licenses
Library + Jerome Milestone Licenses (28 Total)
1 YR Care Plus
Total
SIEMENS
Sell Price E
$10,992.41
$1,797.26
$12,789.67
Page 5 of 12
Pricing Summary
Pricing Summary
Equipment
Labor
Technology Fee
Programming Labor
Subcontractor Fee
Library+Jerome Milestone Licenses (28 Total)
1 YR Care Plus
Travel
Tax
Total Quote Price
This price is firm for 30 days from the date of this proposal.
SIEMENS
Sell Price
$34,803.90
$11,196.56
$642.00
$3,254.22
$0.00
$10,992.41
$1,797.26
$0.00
$1,513.97
$64,200.32
Page 7 of 12
SIEMENS
Clarifications & Exclusions
Clarifications:
• Pricing includes standard ground shipping.
• Customer to provide IT Support for devices utilizing customer's private network (IP addresses, subnet
and gateway, and rack space).
• Work is assumed to be completed during normal business hours Monday — Friday 70m-4pm.
• If additional Construction Oversite is exceeded, a change order will follow.
Exclusions:
• Construction permits to be excluded.
• Costs associated with schedule acceleration, project meetings, multiple trips onsite due to
incompletion of others, or multiple unplanned phases are excluded.
• Engineer drawings are excluded.
• Performance or Payment bonds are excluded.
• Patching and Painting is excluded from Siemens scope.
• Network rack to be excluded from this scope of work.
• Siemens assumes 120VAC at required locations (server, monitor, switch, etc.) and is excluded
from Siemens scope.
• Overtime.
Page 8 of 12
SIEMENS
Payment Terms
Payment Terms Acceptance Agreement
The total price of: $64,200.32 and the estimated return on investment are based on the items outlined in this
proposal. ANY STATEMENTS MADE HEREIN REGARDING SAVINGS THAT MAY BE ACHIEVED BY IMPLEMENTING
THE SERVICES OFFERED IN THIS PROPOSAL ARE ESTIMATES ONLY. NO WARRANTY, EITHER EXPRESSED OR
IMPLIED, SHALL BE CONSTRUED TO ARISE FROM SUCH STATEMENTS, NOR SHALL SUCH STATEMENTS BE
CONSTRUED AS CONSTITUTING A GUARANTEE BY SIEMENS THAT SUCH SAVINGS WILL OCCUR IF THE
SERVICES ARE IMPLEMENTED.
The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this
Proposal and the Siemens RAM Projects Business Standard Terms and Conditions, (together with any other
documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of
the parties with respect to its subject matter. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS
READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS 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 BUYER.
Proposal is valid for thirty (30) days from the delivery date of June 27, 2024. Payment is due within 30 days
of invoice date.
Payment Terms: 25% mobilization in advance, progress payments
Total: $64,200.32
Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%.
Page 10 of 12
SIEMENS
Terms & Conditions Link(s)
Terms and Conditions (Click to download)
Terms & Conditions (Restricted)
(www.siemens.com/standard-terms-project-restricted)
Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are
increased as reflected by CRUIIHS Markit/CMAIICOMEX market index, then Siemens may increase the Contract
Sum or apply a surcharge to Customer accordingly.
As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens
and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the
correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make
partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable
effort to meet the delivery or service or completion date mentioned above, such date is subject to change.
To the extent applicable, the following Rider(s) are incorporated and made part of
the Siemens Standard Terms and Conditions:
Riders (Click on rider below to download)
SI Mass Notification Rider
(www.siemens.com/rider-mass-notification)
SI Monitoring Rider
(www.siemens.com/rider-monitoring)
SI Online Backup and Data Protection
(www.siemens.com/rider-data-backup)
SI Software License Warranty
(www.siemens.com/rider-software-license)
SI Consulting Rider
(www.siemens.com/rider-consuling)
SI Shooter Detection System Rider
(www.siemens.com/rider-shooter-detection)
SI Body Temperature Thermal Camera Rider
(www.siemens.com/rider-thermal-camera)
Page 11 of 12
Signature Page
Proposed by:
Siemens Industry, Inc.
Company
Hannah Canales
Name
8938263
Proposal #
$ 64, 200.3 2
Proposal Amount
June 27, 2024
Date
SIEMENS
Accepted by:
CITY OF SANTA ANA
Company
Name (Printed)
Signature
Title
Date
Purchase Order # ❑ PO for billinglpmnt only ❑ PO not required
Page 12 of 12
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