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HomeMy WebLinkAboutSIEMENS BUILDING TECHNOLOGIES (2) - 2009INSURANCE NOT ON FILE A-2009-144 WORKMAY jQj pROCEED CLERK OF COQ AIL AGREEMENT FOR THE PURCHASE AND INSTALLATION ,&TF.. OF ENERGY CONSERVATION MEASURES This Performance Service Agreement (the "Agreement") is made and entered into on this, the 8 s 114- day of September, 2009, by and between Siemens Building Technologies, Inc., a Delaware Corporation, with offices at 10775 Business Center Drive, Cypress, CA 90630 (herein a "Contractor"), and City of Santa Ana a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, 20 Civic Center Plaza, Santa Ana, CA 92702 (herein "Customer" or "City"), collectively, ("Parties"). p CJ RECITALS C A. The City council declares its intention of reducing energy consumption within the City. U B. The City desires to retain a Contractor having special skill and knowledge in the field of furnishing, installing and maintaining energy conservation measures to minimize energy consumption in City buildings. C. Contractor represents that Contractor is able and willing to provide such services to the City. D. The American Recovery and Reinvestment Act of 2009 (ARRA) appropriates funding for the Department of Energy (DOE) to award grants to local government under the Energy Efficiency and Conservation Block Grant (EECBG) Program. E. Contractor represents that it has conducted energy efficiency test of City facilities, utilizing best practice techniques available for verifying the results of energy efficiency, to determine the energy savings that City will recognize as a result of implementing recommended energy efficiency measures. F. Contractor represents that it has complied with all applicable City and State laws and regulations including but not limited to all applicable City contract bid requirements and prevailing wage requirements. G. 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 an Energy Services Contractor. 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: Section 1. DEFINITIONS The following definitions shall apply to this Agreement unless otherwise defined herein: Acceptance means the City has signed the Certificate of Substantial Completion. Acceptance Date means the date on which the City signs the Certificate of Substantial Completion. Commencement Date means the effective date of this Agreement. Construction Period means the period from the Commencement Date of this Agreement to the Acceptance Date. Facilities means those buildings as set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. Facility Improvement Measures ("FIM") means various items of equipment, devices, materials and/or software as installed by Contractor at the Facilities, or as repaired or replaced by City hereunder, for the purpose of improving the efficiency of utility consumption, or otherwise to reduce utility costs of the Facilities as fully set forth in Exhibit A. Scope of Work means the installation of the equipment and the labor utilized to install such equipment including any necessary services required to be provided thereafter as is more fully described in Exhibit A. Substantial Completion or substantially complete means the first to occur of the following: (i) the Work, or any identifiable portion thereof, is sufficiently complete, in accordance with the provisions of the Agreement relating to the Scope of the Work, Exhibit A, or (ii) temporary, qualified or final certificates of occupancy, if required, have been issued with respect to such portions of the Work by the appropriate public authority. Section 2. Responsibilities of the Parties A. Contractor's Responsibilities: 1. Contractor agrees to install certain energy efficiency Facility Improvement Measures ("FIM's") as fully set forth in Exhibit A, Scope of Work, attached hereto and incorporated herein by reference. 2. Contractor shall designate a person to be known as the Contractor Representative to act as a single point of contact on behalf of Contractor with respect to all matters under this Agreement. Contractor Representative will become familiar with the progress and quality of the completed work as set forth in this Agreement. Contractor Representative shall provide weekly progress reports to City Representative. 3. Contractor shall comply with all applicable City, State and Federal laws related to waste disposal, including disposal of used oil, filters, contaminated absorbents, contaminated refrigerants, fluorescent lights, ballast with PCB and regular ballast, except for Asbestos, if any, which shall be the sole responsibility of the City to remove or abate. Contractor shall provide disposal manifests as required to be executed by the City. The City shall, at all times be identified as the originator of such waste on such manifests. 4. Contractor shall obtain and maintain all permits and licenses necessary to Contractor's performance hereunder and shall pay any fees required therefore and has included the costs for the same, if any, in the price to be paid by the City. Contractor shall immediately notify City of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates or documents required to perform services pursuant to this Agreement. B. City Responsibilities: 1. City shall designate a City Representative as the point of contact to interact with Contractor regarding the Scope of Work. 2. City shall famish Contractor with blueprints, surveys, legal descriptions of the site, and other information regarding the Facilities as Contractor may reasonably request in order to complete Scope of Work. These shall not become the property of Contractor and shall be returned to City, unless otherwise requested by Contractor, in which case Contractor shall bear the cost of all blueprints and copies necessary to perform the Scope of Work in this Agreement. 3. City shall within ten (10) business days, respond to samples or documents submitted by Contractor to the City for review and approval under this Agreement. 4. City shall allow reasonable access to City facilities in order to accomplish the Scope of Work. 5. City shall operate equipment according to the manufacturer's recommendations. 6. City shall notify Contractor in writing of any City policies that may affect the Scope of Work. 7. City shall notify Contractor of any unusual operating conditions. 8. City shall remove, replace or refinish building structures if required by Contractor to gain access to equipment or to perform the work. 9. City shall properly abate or remove any asbestos that may be encountered by the Contractor during the course of the Contractor performing the work. 10. City shall provide and maintain a voice grade dial-up phone line for the purpose of remote access and install a terminal block in a mutually agreed upon location. Section 3. TERM This Agreement shall commence on the date first written above and terminate upon Completion of all FIM's and final acceptance by the City, unless terminated earlier in accordance with the provisions as set forth below. Section 4. PAYMENT 4.1 The aggregate amount paid by City provides for and is solely in consideration of the Scope of Work described in Exhibit A, and is detailed in Exhibit B. 4.2 Contractor will invoice the City in accordance with the schedules set forth in Exhibit B. Unless otherwise agreed in writing, invoices are due and payable thirty days after receipt by the City, subject to City accounting procedures. If the City disagrees with any portion of an invoice, it shall notify Contractor in writing of the amount in dispute and the reason for its disagreement within 30 days of receipt of the invoice, and shall pay the portion not in dispute. 4.3 Contractor may suspend or terminate the Work at any time if payment is not received when due. In such event, Contractor shall be entitled to compensation for the Work previously performed and for costs reasonably incurred in connection with the suspension or termination. 4.4 Except to the extent expressly agreed herein, Contractor' fees include any taxes, excises, fees, duties or other government charges related to the Work. The City shall pay such amounts or reimburse Contractor for any such amounts Contractor pays to the extent such charges are lawfully due and payable by City and have been paid or incurred by Contractor in furtherance thereof. If the City claims that the Work is subject to a tax exemption or direct payment permit, it shall provide Contractor with a valid exemption certificate or permit and, unless specifically prohibited by law, shall indemnify, defend and hold Contractor harmless from any taxes, costs and penalties arising out of the use or acceptance of same. 4.5 All other work or services requested by the City, including but not limited to the following, shall be separately billed or surcharged on a time and materials basis: (a) Emergency services, if inspection does not reveal any deficiency covered by the Scope of Work, Exhibit A; (b) Work and/or services performed at times other than during Contractor' normal working hours, unless otherwise agreed to in Exhibit A; or (c) Work and/or services performed on equipment not covered by the Scope of Work, Exhibit A. Section 5. GRANT FINANCING AND ASSURANCES A. This Agreement is contingent upon City's receipt of Energy Efficiency and Conservation Block Grant Funding (EECBG) in an amount equal to or greater than the Scope of Work. If the City has not received the initial deposit of EECBG funds within forty-five (45) days from the execution of this Agreement, this Agreement shall be null and void. This forty-five (45) day period may be extended as mutually agreed upon in writing by both parties. In the event that the Agreement becomes null and void as described in the preceding paragraph and City authorized Contractor to proceed with Scope of Work, City shall be obligated to reimburse Contractor for the Work performed up to and including the date that the Work is terminated. The Contractor is not required to proceed with any of the Work until such authorization to proceed is provided to the Contractor by the City. B. Contractor shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing the EECBG program, including the following: 1. Registration Requirements Contractor shall maintain current registration in the Center Contractor Registration (http//www.ecr.gov) at all times during which it is contracting to provide services funded with ARRA funds. 2. Nondiscrimination and Affirmative Action Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America and the State of California, as set forth in the Contractor Certifications, attached hereto as Exhibit D. In performing this Agreement, Contractor shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. 3. Contractor shall comply with the Buy American provisions (Sec. 1605), of the ARRA, by requiring that all iron, steel and manufactured goods used in the Scope of Work are produced in the United States, except as provided therein. 4. DAVIS-BACON ACT. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.). Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. Reporting Requirement: CONTRACTOR shall furnish City with all records indicating whether contractors and subcontractors employed on this project are in compliance with the Davis-Bacon Act. Such records shall include without limitation: Federal and State wage determinations, documentation of state contractor license status, documentation of federal debarment status, and certified payroll records. Such records shall be famished to the City not less than fifteen (15) days following the period to which such records are applicable. 5. Site Visits City and Contractor shall provide reasonable access to facilities at reasonable times, to allow Department of Energy personnel to make site visits to review project accomplishments and management control systems and to provide technical assistance, if required. C. Estimate of Savings to be Achieved by FIM's The contractor has estimated energy savings for the various measures included in this project using industry standard engineering analysis tools. The results of these analyses are provided in Exhibits C and E, summarized in Table 1, below. The City acknowledges that the savings calculations are estimates and Contractor does not guarantee the savings. However, Contractor acknowledges that City has relied on Contractor's engineering analysis and Contractor warrants that the equipment is properly engineered, sized and installed for the City facilities. TABLE l: Estimated Energy Savings FIM Energy Savings (k vWyr) City Facilities - Lighting Upgrades 245,781 Parks & Rec - Lighting Upgrades 218,610 HVAC Upgrades 95,202 Controls 36,410 Musco Lighting Controls 165,420 Rate Schedule Changes Section 6. CERTIFICATE OF SUBSTANTIAL COMPLETION, ACCEPTANCE When Contractor believes that all, or an independent, definable phase, of the Scope of Work has been completed in accordance with the terms of this Agreement, Contractor will submit a Certificate of Substantial Completion to the City. If the completed Work substantially conforms to the description of said Scope of Work, the City will sign the Certificate of Substantial Completion and return it to Contractor. If the Work does not substantially conform, then the City Representative shall so notify Contractor within thirty (30) calendar days of receipt of the aforementioned certificate describing such non- conformance with specificity. Upon notification of the discrepancies, the Contractor shall correct the discrepancies to conform with the Scope of Work and resubmit the Certificate of Substantial Completion to the City. To the extent that the Contractor submits a Certificate of Substantial Completion to the City and the City fails to either notify the Contractor of any discrepancies in the Work within such aforementioned thirty (30) calendar day period or fails to execute the Certificate of Substantial Completion, then the Certificate of Substantial Completion will be deemed executed on the first business day following the aforementioned thirty (30) calendar day period. Section 7. AUTHORITY AND AUTHORIZATION City and Contractor each represent, warrant and covenant that each has done all things necessary to preserve and keep this Agreement in full force and effect; all requirements have been met and procedures have been followed to ensure the enforceability of the Agreement and there is not any pending, or to the best of each party's knowledge, threatened, suits or actions, litigation or proceedings against or affecting that party that affects the validity or enforceability of this Agreement. Section 8. WARRANTY A. (i) Contractor expressly warrants that all electronic ballasts provided by Contractor are free from defect and will operate for five years without failure; provided that said equipment is operated according to Contractor and manufacturer specifications. (ii)Contractor expressly warrants that all T 8 Ultra Fluorescent Lights provided by Contractor are free from defects and will operate for three years without failure; provided that said equipment is operated according to Contractor and manufacturer specifications. (iii)Contractor expressly warrants that all air conditioning compressors provided by Contractor are free from defects and will operate for five years without failure; provided said equipment is operated according to Contractor and manufacturer specifications. If any equipment should prove defective during the referenced warranty periods, Contractor will at Contractor's option, repair, replace, or issue a credit to the City for any such item. B. Contractor warrants for one year from Acceptance Date, that all equipment manufactured by Contractor or nameplate shall be free from defects in material and workmanship which arise from normal use or service; provided the equipment is properly operated in accordance with Contractor's instructions. If any equipment should prove defective in this warranty period, Contractor will at Contractor's option, repair, replace, or issue the City a credit for any such item. For materials furnished but not manufactured by Contractor nor bearing the Contractor's nameplate, Contractor assigns any manufacturer's warranty to the City. C. Contractor warrants the labor provided by the Contractor pursuant to this Agreement for ninety (90) days. D. This express warranty is in lieu of and excludes all other warranties, guarantees, or representations, expressed, or implied including warranties of merchantability or of fitness for a particular purpose. E. City's remedies with respect to express warranties shall be limited exclusively to the right of repair, replacement or issuance of a credit to the City for the cost of such equipment. Section 9. LIMITATION OF WARRANTIES Contractor has provided City with certain written limited warranties with respect to the FIM's. Except for such limited warranties in this Agreement, Contractor makes no warranty of any kind or nature, express or implied, relating to the FIM's or its performance or the installation and service thereof. No assignee(s) of the Contractor to this Agreement shall make warranties of any kind or nature, express or implied, relating to the FIM's or the performance or the installation and service thereof. THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY CONTRACTOR. CONTRACTOR EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THIS AGREEMENT. Section 10. INDEMNITY & LIMITATION OF LIABILITY Contractor shall indemnify and save harmless and defend the City, its employees or agents from any and all losses, claims and expenses for injury to persons or damage to property to the extent arising out of activities of Contractor while present upon the property of the City or otherwise to the extent arising from Contractor's performance of the Work, except for such injury or damage as is caused by active negligence or willful misconduct by the City, its employees or agents. Section 11. FORCE MAJEURE Except for the City's obligation to pay the Contractor for the Work performed, if either party shall be delayed in or prevented from the performance of any of the terms, covenants and/or conditions of this Agreement, by reason of restrictive governmental laws or regulations, riots, insurrections, war, sabotage, act of nature, or any other reason of a similar or dissimilar nature not the fault of the party delayed in or prevented from performance, then performance shall be excused for the period of the delay or prevention of performance and the time for performance shall be extended for an equivalent period not to exceed six (6) months . If such delay exceeds such six (6) month period, the Contractor shall have the right, upon 5 days prior written notice, to terminate this Agreement . If so terminated, the City shall, within thirty (30) days following the termination date, pay the Contractor for the yet unpaid Work performed by the Contractor prior to the termination date. Section 12. TITLE Title to the FIM's implemented at City's facilities is deemed to be free and clear of any liens created by Contractor and title to all equipment and materials provided by the Contractor for the Work shall transfer to the City upon delivery to the City. Should it become necessary, at the reasonable request of the City, Contractor or its Assignee agrees to execute any appropriate documents submitted by the City to the Contractor or its Assignee evidencing such right, title and interest in the FIM's. Section 13. USE, REPAIRS City, at its sole cost and expense, shall maintain the FIM's according to the manufacturers' recommended guidelines or the equivalent and meet any and all re- certification requirements and shall furnish proof of such maintenance, if requested by Contractor. City shall furnish all needed servicing and parts, which parts shall become part of the FIM's. This section refers to standard manufacturers recommended mechanical equipment maintenance as is normally performed by City personnel on existing mechanical equipment, during regular business operations. Section 14. INSURANCE Prior to undertaking performance of Work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance naming the City, its officer, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor 's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a) add the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary 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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim (such coverage may be provided as part of the General Liability coverage provided hereunder). E. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 1. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 3. Certificates and policies shall state that the City shall receive no less than thirty (30) days prior to written notice before such coverage shall be canceled, materially reduced, or materially changed. F. If Contractor fails or refuses to produce or maintain the insurance required by this Section, or fails or refuses to furnish the City with required proof that insurance has been procured and is in full force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Section 15. EVENTS OF DEFAULT AND TERMINATION A. By City. The term "Event of Default", as used in this Agreement, means the occurrence of any one or more of the following events: 1. City fails to make any Contract Payment, or other related payment, as it becomes due in accordance with the terms of this Agreement. City's normal billing cycle provides for payment within 30 calendar days of receipt of invoice and any such failure to pay that continues for thirty (30) business days after the due date thereof shall be considered a default; 2. The discovery by Contractor that any statement, representation or warranty made by the City, legal, financial or otherwise, in this Agreement or in any document ever delivered by City pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; 3. City becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of City or of all or a substantial part of its assets, petition for relief is filed by City under federal bankruptcy, insolvency or similar laws, or a petition in a proceeding under any bankruptcy, insolvency or similar law is filed against City and is not dismissed within thirty (30) calendar days thereafter. B. By Contractor. The term "Event of Default", as used in this Agreement, means the occurrence of any one or more of the following events: 1. The discovery by City that any statement, representation or warranty made by Contractor, legal, financial or otherwise, in this Agreement or in any document ever delivered by Contractor pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; or 2. Contractor becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Contractor or of all or a substantial part of its assets, petition for relief is filed by Contractor under federal bankruptcy, insolvency or similar laws, or a petition in a proceeding under any bankruptcy, insolvency or similar laws is filed against Contractor and is not dismissed within thirty (30) calendar days thereafter. Section 16. Upon the occurrence of an Event of Default, either party may, at its option, exercise any right, remedy, or privilege which may be available to it under applicable law except as may otherwise be limited herein, including the right to (i) proceed by appropriate court action to enforce the terms of this Agreement, or (ii) recover damages for the breach of this Agreement. In addition, the parties shall remain liable for all covenants and indemnities under this Agreement. Section 17. INTELLECTUAL PROPERTY No right, title or interest in or license to, any patents, trade secrets, copyrights, trademarks or other intellectual property of a party is granted or conveyed by either of the Parties to the other. Contractor agrees to defend, indemnify and hold harmless City from and against any claim, suit, demand or action alleging that the use or sale of the goods or services furnished by Contractor infringes a U.S. patent or copyright or trademarks or misappropriates any trade secret or violates any other intellectual property rights of any third party; provided however, that (i) City shall give Contractor immediate written notice of such action and all prior claims relating thereto; (ii) City shall fully cooperate with Contractor in the defense of such action and all negotiations for its settlement or compromise. If a temporary or final injunction is obtained against City's use of the System or any component thereof by reason of an infringement of a U.S. patent, copyright, trademark, trade secret or other intellectual property rights, Contractor will, at its option and expense, either (i) procure for City the right to continue to use the goods or services; or (ii) replace or modify for City the good(s) or service(s) so it no longer infringes such patent, copyright, trademark or trade secret and the goods or services continues to conform to the Agreement specifications in all material respects. Contractor shall have no liability to City for any infringement action that is based upon or arises out of the use of goods or services or any component thereof in combination with any other system, equipment or software that is: (i) not otherwise supplied by Contractor; or (ii) inconsistent with the intended use of goods and services or any component thereof. THIS SECTION SETS FORTH THE EXCLUSIVE REMEDY OF CITY AGAINST CONTRACTOR WITH RESPECT TO ANY ACTION OR CLAIM FOR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT INVOLVING THE GOODS AND SERVICES OR ANY COMPONENT THEREOF. Section 18. ASSIGNMENT City shall not: assign, transfer, pledge, hypothecate or grant any security interest in, or otherwise dispose of, this Agreement or any interest in this Agreement or the FIM's, sublet or lend the FIM's or permit the FIM's to be used by anyone other than City or City's employees. Inasmuch as this Agreement is intended to secure the specialized services of Contractor, except as indicated herein, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of City, which consent shall not be unreasonably withheld, and any such assignment, transfer, delegation or subcontract without City's prior written consent shall be considered null and void. In the event that the Contractor is part of a consolidation, merger, or acquisition, or changes its name, this Agreement may be assigned to the surviving company or the newly named company upon notice to the City containing an affirmative statement that such surviving or newly named company shall undertake all of the obligations of the Contractor hereunder. Section 19. AMENDMENTS This Agreement represents the complete and exclusive statement between City and Contractor regarding the FIM's which are the subject of this Agreement. 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 only be amended or any of its terms modified for the purpose of adding or deleting FIM's, with the written consent of both parties hereto. Section 20. NOTICES All notices to be given under this, Agreement shall be made in writing and mailed by first class mail to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) business days subsequent to mailing. Section 21. GOVERNING LAW This Agreement shall be governed by the provisions hereof and by the laws of the State of California. Section 22. INDEPENDENT PARTIES Contractor is acting hereunder as an independent party and not as an agent or employee of City. No employee of Contractor is, or shall be an employee of the City by virtue of this Agreement, and Contractor shall so inform each of its employees hired or retained to provide services pursuant this Agreement. Nothing contained in this Agreement will be deemed or construed for any purpose, to establish, between the parties, a partnership or joint venture, a principal-agent relationship, employee-employer relationship or any relationship other than City and supplier. Section 23. ENTIRE AGREEMENT (MERGER CLAUSE) This Agreement, together with the attachments and exhibits attached hereto and made a part hereof, constitute the entire Agreement between the parties with respect to the purchase of the FIM's. All previous proposals, oral or written communication, engineering information or written communication regarding the FIM's included within the Scope of Work of this Agreement, or any other matter occurring prior to this Agreement, are superseded by this Agreement. Section 24. SEVERABILITY Any provision of this Agreement found to be prohibited by law or court order, shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement and all other provisions shall remain in full force and effect. Section 25. WAIVER The waiver by a Party of any breach by the other Party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach hereof. Section 26. EMPLOYEE HIRING RESTRICTION If during the term of this Agreement, or 90 days after its expiration, City hires or in any way engages any Contractor's employees who is presently performing energy conservation related services, City shall pay Contractor compensation equal to the current annual salary of said employee for one year after separation from employment from Contractor. Section 27. SAFETY AND HAZARDOUS MATERIALS It is Contractor's intent to perform all work in a clean, safe professional manner, causing no hazards to City's staff, facility, the environment or City's service personnel. Contractor shall not be required to make safety tests, install new devices or make modifications to any equipment beyond the scope of the original Agreement in order to comply with recommendations or directives of insurance companies, governmental bodies, or for other reasons. However, this provision shall not relieve Contractor from its responsibly to install all equipment in compliance with any and all applicable, City, County, State and Federal laws, regulations, and guidelines, including but not limited to building code requirements, in effect at the time of the installation of said equipment. This Agreement pre-supposes hazardous materials are not present at the jobsite, including but not limited to asbestos. If in providing service, Contractor discovers or suspects the presence of hazardous material, Contractor will notify City. City will be responsible for the cost and performance of testing, abating, encapsulating, cleaning up, removing, or rendering such materials non-hazardous. Contractor shall have the right to stop work until the jobsite is free from hazardous materials. City agrees to notify Contractor in writing of any hazardous materials on the jobsite and any jobsite safety policies including but not limited to lock-out and tag procedures, laboratory procedures, biological hazards and other items covered by right to know regulations or which may pose a hazard to employee's and equipment. Section 28. WAIVER OF CONSEQUENTIAL DAMAGES In no event shall Contractor be liable for business interruption losses or consequential or speculative damages, but this sentence shall not relieve Contractor of liability for damage to property or injury to persons resulting from accidents caused directly by its negligence in performance or failure to perform its obligations under this Agreement. Section 29. 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. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. For clarification, the Exhibits that are attached hereto are: 1. Exhibit A-Scope of Work; 2. Exhibit B-Payment Schedules 3. Exhibit C-Lighting Savings 4. Exhibit D- AMERICAN RECOVERY AND REINVESTMENT ACT GRANT ASSURANCES 5. Exhibit E- HVAC Savings Calculations IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ?7Gt2t?t, MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: - LaLfra Sheedy Assistant City Attorney SIEMENS BUILDING TECHNOLOGIES, INC. Tax ID # n:?nuc: c?„?J 70 PHN. C;I1NN TIT E. ,,,t., E, COUNSEL AY BY LEGAL SF. ASTIAN N. DANZIGER Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. REVISED 8127109 ARTICLE 1 SCOPE OF WORK Contents Article 1 Scope of Work .........................................................................................1 1.Scope of Work 2 1.1. Construction 2 1.2. Rebate Administration 20 1.3. Start-up, Testing and Commissioning 20 1.4. Completion 20 1.5. Deliverables 20 2. Installed Products 22 2.1. Lighting 22 2.2. Mechanical Equipment 22 2.3. Parks Lighting Control 22 Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. SCOPE OF WORK 1.1. CONSTRUCTION • Contractor to provide construction management for the Work described in this section • Contractor shall co-ordinate with the City's personnel on construction activities, lay- down areas, schedules and phasing of Work • Contractor shall prepare a detailed project schedule with start and estimated comple- tion date for each project included in the Scope of Work. Project schedules shall be presented in Microsoft Project format • Contractor shall provide weekly Progress Reports to the Facilities Maintenance Super- visor or his designee • Installation and modification of equipment shall conform with 2007 California Uniform Building Code, 2007 California Mechanical Code, 2007 Plumbing Code, 2007 Electrical Code, 2007 Fire Code. • Projects included within this Scope of Work shall be inspected by the Facilities Main- tenance Superintendent, or his designated representative, for final acceptance of func- tionality and quality of work • Contractor shall provide a 24 hour fire watch while fire systems are impaired due to Contractor's provision of services • Contractor shall use the Lock-Out Tagout procedure during the performance of any electrical work, and in relation to any source of energy • Materials used to complete the Scope of Work shall be free of asbestos, lead, PCB and other hazardous materials • Contractor is responsible for engineering of systems and related components. • Contractor is responsible for the accuracy of measurements, estimates or materials, quantities, sizes and site conditions that will affect the Scope of Work • Contractor will patch paint to match existing finishes as required due to Contractor's work. • Contractor shall protect and restore penetrations of firewalls and fire-protections • Contractor shall provide adequate dust management to protect furniture, flooring, com- puters, books, etc Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. • Contractor shall store materials, tools and equipment in designated storage containers during the duration of the project. • Contractor employees and sub-contractors shall wear identification tags or company uniforms 1.1.1. Lighting Upgrades Total Price for this portion of the Work: $1,195,625 Scope of Work • Provide lighting upgrades as listed in Exhibit C-Lighting Savings Description of Work • Convert existing T-8 lamps to 3rd generation T-8 lamps • Retrofit fixtures with T-12 lamps and magnetic ballasts with 3rd generation T-8 lamps and electronic ballasts • Convert incandescent lamps to compact fluorescent lamps • Retrofit/replace Mercury vapor and quartz fixtures as appropriate with Induction lighting and pulse start metal halides Areas with low Light levels • Contractor's work is based on the lighting retrofits described above for the parks, as shown in Exhibit C. All lighting and electronic ballasts in the Ross Annex will be re- placed as set forth in Exhibit C. At City Hall Lighting and electronic ballasts will be replaced only for the first floor. Following construction, post lighting levels will be documented Assumptions • Work will be done at such times that it will not materially disrupt City services. Con- tractor and City will mutually determine which Work will be completed during the day (8am-4pm) and which will be done during the second shift (4pm-12pm). Exclusions • Design of lighting fixture lay-outs, lighting distribution or electrical as Lighting Work is limited to lamp/ballast replacement only. • Pole replacement of damaged poles • Battery back-up ballast replacement • Lighting retrofits in areas not covered in Exhibit C and all floors at City Hall except Floor 1. Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. 1.1.2. HVAC Equipment Replacement Total price for this portion of the Work: $697,065 Buildings Included. City Facilities: • Bowers Museum • City Hall - Ross Annex • Corporate Yard • Fire Stations 4,6,9 • SW Senior Center Scope of Work • Contractor's Work is limited to work above the roofline for rooftop except for items specifically stated below Roof Mounted Package Unit Replacements (a, Fire Stations. Bowers Museum. Corporate Yard and SW Senior Center • Contractor to remove the existing rooftop unit(s) and provide for disposal, including refrigerant. • Remove existing units, listed below in Table 1, and install new replacement HVAC unit(s) as set forth in Table 2, below. Unit will be fit to the existing curb and the ex- isting zone head. Replace or repair defective roof curbs. Provide start-up of new unit. • New units to be high efficiency (11.3 EER minimum) units of same capacity and configuration complete with economizer. • Unit will be of equal or lesser weight than existing units. • Provide and wire smoke detectors for applicable new units. • Provide seismic attachment to meet existing applicable codes. • Following installation, Contractor shall perform a certified Air Balance of the System (sample attached as Attachment 1). Contractor shall not be responsible for correc- tive measures • Provide new ductwork above roofline and connect to ductwork below. • Provide for connection and termination of new condensate drain lines (copper) to meet existing applicable building codes. 4 Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. • Provide engineering as needed for the installation of these units. Roof Mounted Ice Bear System Installation at the Corporate Yard Total price for this portion of the Work is $50,800 Provide and install an Ice Bear System at the Corporate Yard • Contractor shall certify that new ICEBEAR air conditioner shall meet structural en- gineering earthquake requirements to install the ICEBEAR water/ice storage unit on the roof of the Fleet Building at the Corporation Yard. Exclusions This proposal assumes Ice Bear mounting location without building modification, on either 1) the Fleet Department air conditioning equipment area on the roof, or 2) the lower east mezzanine roof area. If the structural and seismic engineering study de- termines that neither location is suitable for mounting the Ice-bear system, it will be located at ground level on the east side of the Fleet Building. Repair of any dam- aged structural members caused by water, termites or any other unknown damage to existing members. If a suitable location cannot be determined, the ICEBEAR will not be installed and City the agreement pricing will be reduced accordingly, in the amount of $50,800. TABLE 1: CURRENT EQUIPMENT LIST (UNITS WILL BE REPLACED WITH CARRIER R- 410A MODEL) LGC&I?tt ? ;, T#rtrlay Fire Station # 4 Carrier 48TJD008-511 GA Gas-Electric 7.5 1 Fire Station # 4 Carrier 48SS-030040311 Gas-Electric 2.5 1 Fire Station # 4 Carrier 48SS-042060xxx Gas-Electric 3.5 1 Fire Station # 4 Carrier 48SS-042060521AA Gas-Electric 3.5 1 Fire Station # 6 Lennox GCS3-411-120 Gas-Electric 4 2 Fire Station # 9 Carrier 48NLT036 Gas-Electric 3 4 Fire Station # 9 Carrier 48NLT048 Gas-Electric 4 1 Corporate Yard/ Lennox GCS16-1353-270-7G Gas-Electric 10 1 Fleet Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. Corporate Yard/ Fleet Lennox GCS16-413-75-5G Gas-Electric 5 2 Corporate Yard/ Warehouse Lennox GCS 1 6-1603-270-4G Gas-Electric 10 1 Corporate Yard/ Warehouse Lennox GCS16-953-200-6G Gas-Electric 7.5 1 SW Senior Center York (model # not available) Gas-Electric 7.5 4 SW Senior Center York (model # not available) Gas-Electric 5 2 Bowers Museum Carrier 48HJL0056 Gas-Electric 4 1 Bowers Museum Carrier 48HJD0086 Gas-Electric 7.5 1 TABLE 2: PROPOSED EQUIPMENT LIST o?atian ?ad# 1 ype Ttnriage :. Qty Fire Station # 4 Carrier 48TCDA08A1A6-0A0A0 Gas-Electric 7.5 1 Fire Station # 4 Carrier 48XPN0300403 Gas-Electric 2.5 1 Fire Station # 4 Carrier 48XPN0420603 Gas-Electric 3.5 1 Fire Station # 4 Carrier 48XPN0420603 Gas-Electric 3.5 1 Fire Station # 6 Carrier 48X1N0480903 Gas-Electric 4 2 Fire Station # 9 Carrier 48XPN0360603 Gas-Electric 3 4 Fire Station # 9 Carrier 48XPN0480903 Gas-Electric 4 1 Corporate Yard/ Ice Energy Ice Bear 30 #1 B30- Fleet 343 Gas-Electric 10 1 Corporate Yard/ Fleet Carrier 48TCLA06A1A6-OAOAO Gas-Electric 5 2 Corporate Yard/ Warehouse Carrier 48TCDAl2A1A6-0A0A0 Gas-Electric 10 1 Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. Corporate Yard/ Warehouse carrier 48TCDA08A1A6-OAOAO Gas-Electric 7.5 1 SW Senior Cen- Carrier 48TCDA08A1A6-OAOAO Gas-Electric 7 5 4 ter . SW Senior Cen- Carrier 48TCLA06A1A6-OAOAO Gas-Electric 5 2 ter Bowers Museum Carrier 48TCLA05A1A6-OAOAO Gas-Electric 4 1 Bowers Museum Carrier 48TCDA08A1A6-OAOAO Gas-Electric 7.5 1 Assumptions for work listed above • Asbestos abatement to be done by the City in advance of the Work proceeding. • Work to be done during normal hours. • Installation work to be in accordance with Prevailing Wage requirements for area. Exclusions The items listed below are not included in the Work and have not been included in the price. As the Work advances, Contractor and the City may agree to expand the Work and increase the price to include the items listed below (except for the abatement and removal of hazardous materials). • There is no provision to modify the existing housekeeping pads unless specifically outlined in this scope of work There is no hazardous material (asbestos, lead paint, mold etc.) material abatement or removal included in the Work. City is responsible for abatement. Hazardous areas are assumed to have been tagged. • Contractor will not provide painting and patching beyond what is specifically de- scribed in this scope of work. • Contractor is not responsible for temporary cooling. • Contractor is not responsible for repair of any faulty or non-code wiring. • Contractor is not responsible for repair or replacement of existing duct work. • The Scope of Work assumes strengthening of the existing roof structure will not be required. Strengthening of the roof structural members, if required, is considered an additional service. Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. • Contractor is not responsible for repair of any damaged structural members caused by water, termites or any other unknown damage to existing members. 1.1.3. Mechanical Upgrades Total price for this portion of the Work is $155,837 Ross Annex - Convert Inlet Guide Banes Control to Variable Frequency Drives Control • Field supply and install VFD's on supply and exhaust fans for Trane Intellipak units AC-1, 2, and 3 • Field supply and install new main processor board, control cards, static pressure sensors and communication cable in units • The units will be UL recertified after the modifications are completed. • Following installation, Contractor shall perform a certified Air Balance of the Sys- tem. Contractor shall not be responsible for corrective measures. Assumptions for Work listed above • Asbestos abatement to be done by the City. • Work to be done during 2nd shift, or weekends if necessary. • Do not include provisions for temporary cooling • Installation work to be in accordance with Prevailing Wage requirements for area. Exclusions The items listed below are not included in the Work and have not been included in the price. As the Work advances, Contractor and the City may agree to expand the Work and increase the price to include the items listed below (except for the abatement and removal of hazardous materials). • There is no provision to modify the existing housekeeping pads unless specifically outlined in this scope of work • There are no hazardous materials (asbestos, lead paint, mold etc.) addressed with- in the Work. City is responsible for abatement work. Hazardous areas are assumed to have been tagged. • Contractor will not provide painting and patching beyond what is specifically de- scribed in this scope of work. • Contractor is not responsible for repair of any faulty or non-code wiring • Contractor is not responsible for repair or replacement of existing duct work. Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. This proposal assumes strengthening of the existing roof structure will not be re- quired. Strengthening of the roof structural members, if required, is considered an additional service along with any costs incurred for approval. • Contractor is not responsible for repair of any damaged structural members caused by water, termites or any other unknown damage to existing members. 1.1.4. Controls Upgrades Total price for this portion of the Work is $98,229 City Facilities • City Hall- Ross Annex • Corporate Yard • Transportation Center Scope of Work: City Hall - Ross Annex • The building currently has three (3) Trane rooftop package units • Sub-contract to Trane for installing Intellipak into each rooftop unit • Provide conduit & wire connecting the three rooftop units to a Building Control Unit (BCU) panel furnished by Trane • Mount BCU panel for communication to the Rooftop units • BCU to be mounted on roof in weather-proof enclosure • Mount a Mechanical Equipment Controller (MEC) in weather-proof enclosure next to BCU and nipple conduit and wire for communications • Run communication line & Floor Level Network (FLN) from MEC on roof down to ground floor Terminal Equipment Controller (TEC). • Use FLN line from TEC to workstation in City hall as a pull string to install new Area Level Network (ALN) communication line Corporate Yard • There are 3 package units on the roof of the Fleet Building • Provide TEC control & new t stats for each unit. • Run communication line from units to existing TEC in electric room # 217 • TEC is connected to warehouse control system Transportation Center • There are 76 standalone package fan coil units in the building • Some of the units are on time clocks, the balance have no control • Provide start/stop/status of each fan coil unit • Control of unit to be at the beaker panels Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. • Panels are located as follows, list floor (28 units), 2nd east (16 units), 2nd west (16 units), 3rd (16 units). • Communication line to be run from first floor to 3rd • First floor communication room has phone line and breaker panel • MEC with relays to be located at each breaker panel • First floor panel to have modem for connection to central workstation Assumptions for work listed above • Controls submittals are to be provided in advance of work for City review and ap- proval. • Controls as-builts and M & O manuals to be provided upon completion of Work. • Standard graphics for controlled mechanical systems on the Apogee workstation. Custom graphics can be provided if backgrounds are provided. If backgrounds can not be provided then floor plans will be limited to detail. • Provide formal classes at branch for 5 people. • Provide 40 hours on site training. Any schedule compression or acceleration charges, or trade stacking costs that may result because of schedule slips will result in additional charges. • Contractor will use existing conduits & wire if possible. • Power to Siemens panel is available from existing breaker panels. • Control wiring will be protected in rigid and/or flexible conduit. Exclusions • Contractor not responsible for control of any interior or exterior lighting. • Contractor not responsible for new panels or circuit-breakers. • Contractor not responsible for upgrades to the existing Fire Alarm/Life Safety sys- tem, or interconnections or tie in of the smoke detectors to it. • Contractor is not providing or installing smoke detectors or fire dampers. • Contractor is not supplying any Mechanical Equipment other than items specified. • The City is to provide up to six (6) replacement ceiling tiles. Additional replacement tiles will be provided at Contractor expense. 1.5. Musco Lighting Controls Total price for this portion of the Work is $397,670 Provide and Install Musco lighting controls for the following parks Monroe Elementary School Cabrillo Tennis Center • Rosita Park 10 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II • Jerome Park • Heritage Park • Santiago Park • Riverview Park • Santa Anita Park • Thornton Park • Valley High School • Memorial Park • Stadium Park • El Salvador Park • Madison Park Equipment • (22) Remote Equipment Controllers (REC's) • (116) Remote Off/On Auto Switches (Units are capable of up to 8 per unit) • (22) Remote Switch Box Equipment Installation • Manufacturer warranty on all equipment • Activation and testing of systems to ensure all units are fully functional and opera- tional 10 Years Control Link Central Service (CLC) • 24/7 toll free access to CLC customer scheduling operators • Access to Musco Control Link Scheduling Website • REC operations and Website Training for scheduling staff Monroe Elementary School • Unit #1: BB, SO, and Sec o (1) Security Enclosure • REC Zones Zone 1: Baseball Zone 2: Soccer Zone 3: Security Zone 4: Spare Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Cabrillo Tennis Center Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II • Unit #1: Tennis Courts • REC Zones Zone 1: Court #1 Zone 2: Court #2 Zone 3: Court #3 Zone 4: Court #4 Zone 5: Court #5 Zone 6: Court #6 Zone 7: Court #7 Zone 8: Court # 8 and 9 Rosita Park • Unit #1: BB, SO, HB and Sec • REC Zones Zone 1: Baseball Zone 2: Soccer Zone 3: Handball Zone 4: Security Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare • Unit #2: Building Exterior, Restroom and Exterior Lights, Walkway and Parking, Maintenance Building and Restroom interior, Exterior Stage • REC Zones Zone 1: Building Exte- Zone 2: Restroom riors and Exterior lights Zone 3: Walkway and Parking Zone 4: Maint. Build- ing and Restroom int. Zone 5: Ext Stage Lights Zone 7: Spare Zone 6: Spare Zone 8: Spare Jerome Park • Unit #1: BBNE, BBSE, SEC, RR Int, RR Ext • REC Zones Zone 1: Baseball NE Zone 3: Security Zone 2: Baseball SE Zone 4: Restroom 12 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II Int. Zone 5: Restroom Ext. Zone 6: Spare Zone 7: Spare Zone 8: Spare Heritage Park • Unit #1: BB o (11) 30 Amp Contactors o (1) 18" X 18" Contactor enclosure • REC Zones Zone 1: Baseball 151 Zone 2: Baseball 3rd base Side Base Side Zone 3: Restroom Zone 4: Park Light- ing Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Santiago Park • Unit #1: BB o (1) Security Enclosure 72" o (11) 30 Amp Contactors o (1) 18" X 18" Contactor Enclosure o (3) Manual Time Clock • REC Zones Zone 1: Baseball Zone 2: Tennis East Side Zone 3: Tennis West Zone 4: Restroom Side Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare • Unit #2: Gas House/Play Area, Sec, Halophane Light o (4) 30 Amp Contactors 13 Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. o (1) 16'X 16" Contactor Enclosure o (5) Manual Time Clocks • REC Zones Zone 1: Gas Zone 2: Security So- House/Play area dium West Zone 3: Security So- Zone 4: Halophane dium East Light Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Riverview Park • Unit #1: BB 2 Fields o (1) Security Enclosure o (10) 30 Amp Contactors • REC Zones Zone 1: Baseball # 1 Zone 2: Baseball # 2 Zone 3: Parking Lot Zone 4: Security Zone 5: Score Board Zone 6: Spare Zone 7: Spare Zone 8: Spare • Unit #2: Restroom, Parking Lot o (2) 30 Amp Contactors • REC Zones Zone 1: Restroom Zone 2: Parking Lot Zone 3: Spare Zone 4: Spare Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Santa Anita Park • Unit #1: SO, BA, HB, Restroom, Walkway/Sec o (1) 30 Amp Contactor • REC Zones 14 Exhibit A City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. Zone 1: Soccer Zone 2: Basket- ball/Handball Zone 3: Restroom Zone 4: Walk- way/Sec. Zone 5: Spare Zone 7: Spare Zone 6: Spare Zone 8: Spare Thornton Park • Unit #1: BB, Restroom, Sec. 2 Fields • REC Zones Zone 1: Baseball # 1 Zone 2: Baseball # 2 Zone 3: Restroom Ext. Zone 4: Restroom Int. Zone 5: Security Zone 6: Spare Zone 7: Spare Zone 8: Spare • Unit # 2: Security and Park lights o (1) 30 Amp Contactor • REC Zones Zone 1: Sec/Park Zone 2: Spare Lights Zone 3: Spare Zone 4: Spare Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Valley Hiph School • Unit #1: BB o (1) Security Enclosure o (9) 30 Amp Contactors o (2) Manual Time Clocks • REC Zones 15 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II Zone 1: Baseball Zone 2: Tennis Zone 3: Spare Zone 4: Spare Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Memorial Park • Unit # 1: BB, Sec, Building Ext 4 Fields o (1) 30 Amp Contactor o (3) Manual Time Clocks • REC Zones Zone 1: Baseball # 1 Zone 2: Baseball # 2 Zone 3: Baseball # 3 Zone 4: Baseball # 4 Zone 5: Back Stop Zone 6: Security Cleanup Lights all 4 fields Zone 7: Building Ext. Zone 8: Spare • Unit # 2: HB, Security o (1) Security Enclosure • REC Zones Zone 1: Handball Zone 2: Security Zone 3: Spare Zone 4: Spare Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare • Unit # 3: BB • REC Zones Zone 1: Basketball Zone 2: Spare Zone 3: Spare Zone 4: Spare 16 Exhibit A Scope of Work City of Santa Ana Phase II Siemens Building Technologies, Inc. Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare Stadium • Unit #1: West Side FB o (8) Manual Time Clocks o (2) 30 Amp Contactors • REC Zones Zone 1: West 50% Zone 2: West 100% Zone 3: West Incan- Zone 4: West 3 Sec descent Lights A Zone 5: West Sec Zone 6: East 50% Lights B Zone 7: East 100% Zone 8: East Incan- descent • Unit #2: East Side Rear Area lights, Security o (2) 30 Amp Contactors o (1) Single pole 20 Amp Square D Breaker • REC Zones Zone 1: Rear Area Zone 2: Security Lights Lights Zone 3: Spare Zone 4: Spare Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare El Salvador Park • Unit # 1: BB, SO • REC Zones Zone 1: Baseball Zone 2: Soccer Zone 3: Security Zone 4: Spare 17 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II Zone 5: Spare Zone 6: Spare Zone 7: Spare Zone 8: Spare • Unit # 2: Parking Lot, Restroom Int and Ext, Restroom Fan, HB, Sec, BA o (5) 30 Amp Contactors o (1) 16" X 16" Contactor Enclosure • REC Zones Zone 1: Parking Lot Zone 3: Restroom Ext Zone 2: Restroom Int Zone 4: Restroom Fan Zone 5: Hand Ball Zone 7: Basketball Zone 6: Security Zone 8: Spare Madison Park • Unit #1: BB, Scoreboard, basketball, Park Lights, Restroom o (5) 30 Amp Contactors o (1) 12" X 16" X 6" Contactor Enclosure • REC Zones Zone 1: Baseball #1 Zone 2: Baseball #2 Zone 3: Baseball Clean Zone 4: Scoreboard up Lights both fields Zone 5: Basketball Zone 7: Restroom Int. Zone 6: Park Lights Zone 8: Restroom Ext. 1.1.6. Rate Schedule Change Total Cost: $723,074 Sites Included. Parks & Recreation • Memorial Park • Valley High School 18 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II • Santiago Park • Stadium Scope of Work: Memorial Park • Furnish and install new 480 volt, Nema 3R, free standing meter/main section. • Install new feeder to area of MSB-1 to re-feed lighting loads for TOU service. • New lighting feeder on TOU rate to be time clock controlled. TOU loads to be opened by time clock during daylight hours and closed to allow power at dusk to dawn hours. • TOU metered loads must originate in Equipment room containing MSB-1. • Removal and Patch of existing asphalt areas is included. Assumptions • Work to be done during regular hours • Assumes Edison approves design to add raceway and tap feed from existing Edi- son transformer vault. • Feeder conductors type is at discretion of Briggs Electric, Inc. and will be code compliant. Gear type and brand is assumed at discretion of Briggs Electric, Inc. • Assumes new section can be installed adjacent to existing service. • Assumes new gear as required in existing Equipment room containing MSB-1, may be installed on exterior or equipment room if space and clearance is an issue. Exclusions • Temporary power and lighting. • Utility company charges. • Low voltage systems of any kind. • Repair or modification to existing equipment or wiring except as specifically noted as included above. Repair to existing wiring or distribution. • Permit fees • Damage to existing utilities, damaged during excavation, not previously disclosed in writing prior to excavation. • Potholing or tracing of existing utilities. • Removal or replacement of landscape, trees or softscape. Valley High School/Santiago Park/Stadium 19 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II • Install time-clocks to control ball-field lighting and ensure that lights cannot come on during day-time • Contractor will work with SCE to convert existing rate schedule to AL-2 rate sche- dule 1.2. REBATE ADMINISTRATION • Provide labor, paperwork and documentation to reserve, administer and as applicable, assist in securing applicable incentives for measures listed in this Scope of Work. • Since the incentive is actually paid for by a third party (Southern California Edison), Contractor cannot guarantee that the City will receive the incentive. Contractor will as- sist in providing the documentation needed for incentive application. • Participate in meetings, inspections and site walkthroughs to satisfy incentive require- ments 1.3. START-UP, TESTING AND COMMISSIONING • Provide start-up and testing for new installed equipment based on manufacturer's spe- cifications • Provide commissioning to ensure proper functioning of new installed equipment and adherence to contracted operating parameters and sequences. 1.4. COMPLETION • Participate in punch-list walkthroughs with Building Superintendent and Park Superin- tendent and ensure completion of punch-list items to the reasonable satisfaction of Building/ Park Superintendent, as applicable. • Contractor will be responsible for final job site clean-up as it relates to Contractor Scope of Work. • Generate as-built plans and provide to City. 1.5. DELIVERABLES • A detailed project schedule shall be submitted within 30 days after the NTP • A safety plan and submittal package shall be submitted within 30 days after the NTP 20 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II • Copies of rebate paperwork • Operation and Maintenance (O&M) manuals for new installed equipment • A final drawing package corrected to as-built conditions on CD and 3 paper copies will be submitted when field conditions and changes are incorporated prior to project close- out • Warranties and guarantees provided by Siemens, sub-contractors and manufacturers • Contractor will provide two-hour training sessions for up to two (2) Building Mainten- ance employees on operation and maintenance of each of the following systems: Musco Controls Siemens Controls; and Ice Bear. 21 Exhibit A Scope of Work City of Santa Ana Siemens Building Technologies, Inc. Phase II 2. INSTALLED PRODUCTS 2.1. LIGHTING • Lamps shall be GE Starcoat T8 Watt-Miser (F32T8 XL) lamps having a medium bi- pin base with a minimum life of 20,000 hours (XL) at 3 hours per start on T8 instant start ballasts, color temperature 4100K, with a color rendering index of at least 81, or equivalent as approved by City. • Ballasts shall be GE ULTRA-MAX L with a ballast factor of .77, or equivalent as ap- proved by City. IF THE ABOVE SPECIFIED LAMP AND BALLAST ARE NOT MANUFACTURED IN THE UNITED STATES OF AMERICA THE CONTRACTOR SHALL PRESENT DETAILED SPECIFICATION OF AN EQUIVALENT LAMP AND BALLAST MADE IN THE UNITED STATES TO COMPLY WITH THE BUY AMERICAN ACT. 2.2. MECHANICAL EQUIPMENT • Roof mounted units: Carrier (R41 0-A), as set forth in Table 2, above. 2.3. PARKS LIGHTING CONTROL • Musco Control Link This Exhibit is attached to and made a part of the Agreement between Contractor and the City. City: City of Santa Ana Signature: L Printed Name: n yYv (0 A1, FZ &?µ wl Title: , h ,via a« Date: Tz Contractor: Siem ns Buildi T nologies, In Signature: Printed Name: "L=' -• _-, n, 1 Title: c?c**, _ Date: ?,:nrn r. c c N %NIE .I.rl, E n,r DM E.: COUNSEL 7G daa9 APPR?rV LEGAL SEBASTIAN N. D.ANZIUL. 22 ado engineered systems - MECHANICAL CONTRACTING - SERVICE - ENERGYMANAGEMENT Test and Balance Report SANTA ANA SENIOR CENTER Job Address: 424 W. 3rd Street Santa Ana, CA 92701 Job NUMber: 1048348 Technician: Matt Johnson Project Manager: Tom Molinaro Date: March 21, 2006 6265 San Fernando Road Glendale, CA 91201-2214 (818) 244.6571 (806) 497.2226 Contractor's License #120696 0 TaWw, A uq tlrg BIk- 1M CERTIFIED TAE TECHRMMM Names Matt W. Johnson TADS IDs BB839284T Expiation Date, 06/30/2007 ATTACHMENT 1 - P 1 of 8 Adlill engineered systems SYMBOL SHEET ACU Air Conditioning Unit AK Free Area Factor BHP Brake Horse Power CAV Constant Air Volume CD Ceiling Diffuser CER Ceiling Exhaust Register CFM Cubic Feet per Minute CHWR Chilled Water Return CHWS Chilled Water Supply CO. • . Cooling Only CRR Ceiling Return Register CSG Ceiling Supply Grille CWR Condensor Water Return CWS Condensor Water Supply D.A.. . . Direct Acting DNA Data Not Available DO Duct Opening DT Duct Traverse EAG Exhaust Air Grill EAR Exhaust Air Register EAT Entering Air Temperature EF Exhaust Fan EG Exhaust Grill ESP External Static Pressure EWT Entering Water Temperature EXH Exhaust FC Fan Coil FLA Full Load Amps FP Fan Powered FPM Feet per Minute GEX General Exhaust GF Grease Filter HF Hepa Filter HP Horse Power HWR Hot Water Return HWS Hot Water Supply LID Linear Diffuser LSD Linear Slot Diffuser LWT Leaving Water Temperature MAT Mixed Air Temperature MB Mixing Box NA Not Accessible NI Not Installed NIL Not Listed NVL No Valid Location NM Not Measured NR Not Read NS . Not Specified OSA Outside Air R.A Reverse Acting RA Return Air RAG Return Air Grille RAR Return Air Register RH Re-Heat RPM' Revolutions per Minute SA . Supply Air SAG Supply Air Grille SAR Supply Air Register SAV Supply Air Valve SEF Smoke Evac Fan SP Static Pressure SW Sidewall SWG Sidewall Diffuser TBD To Be Determined TSP Total Static Pressure T-STAT Thermostat UA ULPA Filter V Volts VAV Variable Air Volume VP Velocity Pressure WEIR Wall Exhaust Register Attachment 1 p. 2-8 I I systems 6265 SAN FERNANDO ROAD GLENDALE, CA 91201-2214 (818) 244-6571 JOB NAME: SANTA ANA SENIOR CENTER JOB NUMBER: 1048348 JOB ADDRESS: SANTA ANA , CA DATE: 3/21/2006 UNIT DATA MOTOR DATA Make/Model No. SEASONS4 16JM120-D352-DN3.0.1ISE Make/Frame GE 1254T Type PACKAGE MULTIZONE H P RPM 1511755 Serial Number B8008-0703 MZ-1 Volts/Phase/Hertz 208 / 3 / 60 Class 1 F.L. Am s/S.F. 39.0/1.15 Discharge DOWNSHOT Make Sheave TKA Make Sheave TKA Sheave Diam/Bore P29.14M40SK x 13/4" Sheave Diam/Bore P30-14M40SK x 1 7/16 Sheave & Distance FIXED 29" No. Belts/Make/Size 1 I GATES / 14MGT40 No. Filters/Type/Size 161 T.A. 119 1/2" x 15 1/2" x 2" TEST DATA DESIGN ACTUAL TEST DATA DESIGN ACTUAL Total CFM (1)11,150 11,451 Discharge AS.P. N.S. 1.53 Total S.P. N.S. 1.75" Suction AS.P. N.S. -0.22(3) Fan RPM N.S. 1717 Reheat Coil AS.P. NA NA Motor RPM 1755 1776 Cooling Coil AS.P. N.S. 1.44 Motor Volts 208 208 / 2071209 Preheat Coll AS.P. NA NA Amperage T'/T2IT3 39 29 / 32 / 31 Filters AS.P. N.S. -0.22(3) VSD AMP Rating NL NL Vortex Dam Position NA NA Outside Air CFM 1135 1345 O.S.A. Dam Position N.S. 30% OPEN Return Air CFM 10,015 10,106 Ref. Air Dam Position N.S. 70% OPEN NOTE: (1) Total design CFM of all grilles (2) VFD @ 60 Hz (3) Filter and suction statics are combined READINGS BY: Matt Johnson AAA A attachment 1 p3-8 engineered 6265 SAN FERNANDO ROAD I I systems GLENDALE, CA 91201-2214 DUCT TRAVERSE READINGS (818) 244-6571 PROJECT: SANTA ANA SENIOR CENTER JOB # 1048348 SYSTEM No.: MULTIZONE AHU DATE: 3/2112006 TRAVERSE LOCATION: FILTER BANK TECHNICIAN: MATT JOHNSON AREA SERVED: BUILDING Point No. 1 1 1 2 3 4 5 6 7 8 9 10 11 12 A 182 283 217 439 B 286 367 73 373 C 220 208 381 664 D 284 186 595 700 E F G H 1 J Sub Totats 972 1044 1266 2176 Corrected TOTAL READINGS AVERAGE AREA TOTAL CFM 5,458 + 16 = 341 x 33.58 Sq. Ft. = 11,451 A B C D E 1 2 3 4 5 6 + + + + + + + + + + + + Notes: Unit in minimum O.S.A. - 30% open D E S G N T E S T D A T A DUCT Inches Width 78" Height 62" AREA 33.58 S q, Ft. FPM N.L. CFM N.L. CFM attachment 1 p4-8 engineered 6265 SAN FERNANDO ROAD Systems GLENDALE, CA 91201-2214 DUCT TRAVERSE READINGS (616) 244-6571 PROJECT: SANTA ANA SENIOR CENTER JOB # 1048348 SYSTEM NO.: MULTIZONE AHU DATE: 3/21/2006 TRAVERSE LOCATION: O.S.A. DAMPER TECHNICIAN: MATT JOHNSON AREASERVED: BUILDING Point No. 1 1 1 2 3 4 5 6 7 8 9 10 F-1-1--1 712 A 361 595 B 482 329 C 465 382 D 175 773 E 732 -143 F G H I J Sub Totals 2215 1936 Corrected TOTAL READINGS AVERAGE AREA TOTALCFM 4,151 10 415 x 8.51 Sq. Ft. = 3,532 attachment 1 p5-8 A B C D E 1 2 3 4 5 6 + + + + + + + + + + + + Notes: Damper @ 30% open D E S 1 G N T E S T D A T A DUCT Inches Width 21.5' Height 57" AREA 8.51 S q. Ft. FPM N.L. CFM N.L. DUCT Inches Width 21.5' Height 57" AREA 8.51 S q. Ft. ...,... Center Static NIA ' Avera e FPM 415 Measured CFM 3,532 en ineered Systems DUCT TRAVERSE READINGS PROJECT: SANTA ANA SENIOR CENTER SYSTEM NO.: MULTIZONE AHU TRAVERSE LOCATION: O.S.A. DAMPER AREA SERVED: BUILDING 6265 SAN FERNANDO ROAD GLENDALE, CA 91201-2214 (818)244-6571 JOB# 1048348 DATE: 3/21/2006 TECHNICIAN: MATT JOHNSON Point No. 1 2 3 4 5 6 7 8 9 10 11 12 A 187 280 B 245 318 C 156 366 D -129 78 E -109 190 F G H I J Sub Totals 350 1 1 1232 Corrected TOTAL READINGS AVERAGE AREA TOTAL CFM 1,582 + 10 - 158 x 8.51 Sq. Ft. = 1,345 A B C D E 1 2 3 4 5 6 Notes: Damper @ 21.5% open D E S G N DUCT Inches Width 21.5" Height 57" AREA 8.51 S q. Ft. FPM N.L. CFM N.L. T E S T D A T A D attachment 1 p6-8 engineered I systems TEST AND BALANCE REPORT DIFFUSER AND GRILLE TEST SANTA ANA SENIOR CENTER Date: 3/2112006 Readings by: MATT JOHNSON JOB NO.: 1048348 ZONE ROOM OUTLET SIZE AK TYPE DESIGN ACTUAL NOTES FACTOR MAX MAX MZ-1 OFFICE 1 2406 1.0 CD 150 126 OFFICE 2 2406 1.0 CD 150 159 OFFICE 3 2406 1.0 CD 150 181 OFFICE 4 2406 1.0 CD 100 115 OFFICE 5 2406 1.0 CD 100 136 TOTAL 650 717 MZ-2 HALLWAY 1 2412 1.0 CD 450 478 OFFICE 2 2416 1.0 CD 670 566 HALLWAY 3 2406 1.0 CD 50 27 TOTAL 1170 1071 MZ-3 COMPUTER ROOM 1 2408 1.0 CD 210 307 COMPUTER ROOM 2 2408 1.0 CD 210 315 TOTAL 420 622 MZ-4 OFFICE 1 2406 1.0 CD 120 167 OFFICE 2 2408 1.0 CD 270 289 TOTAL 390 456 MZ-5 LOBBY 1 2408 1.0 CD 240 326 LOBBY 2 2408 1.0 CD 240 297 LOBBY 3 2410 1.0 CD 400 451 LOBBY 4 2410 1.0 CD 400 469 TOTAL 1280 1543 MZ-6 MULTI PURPOSE RM 1 30"x10" 1.46 SW 1150 438 MULTI PURPOSE RM 2 30'x1O" 1.46 SW 1150 505 MULTI PURPOSE RM 3 30"x10" 1.46 SW 1150 644 MULTI PURPOSE RM 4 30"x10" 1.46 SW 1150 612 TOTAL 4600 2199 MZ-7 COMMON AREA 1 2408 1.0 CD 220 166 COMMON AREA 2 2412 1.0 CD 440 351 COMMON AREA 3 2410 1.0 CD 290 252 TOTAL 950 769 attachment 1 p7-8 engineered systems TEST AND BALANCE REPORT DIFFUSER AND GRILLE TEST SANTA ANA SENIOR CENTER Date: 3/2112006 Readings by: MATT JOHNSON JOB NO.: 1048348 ZONE ROOM OUTLET SIZE AK TYPE DESIGN ACTUAL NOTES FACTOR MAX MAX MZ-8 MULTI PURPOSE RM 1 2406 1.0 CD 160 206 MULTI PURPOSE RM 2 2406 1.0 CD 160 178 MULTI PURPOSE RM 3 2406 1.0 CD 160 209 MULTI PURPOSE RM 4 2406 1.0 CD 160 198 TOTAL 640 791 MZ-9 KITCHEN 1 15"x21" 1.0 CD 500 418 KITCHEN 2 15"x21 1.0 CD 500 340 KITCHEN 3 6"x9" 0.28 CD 50 72 TOTAL 1050 830 MULTIZONE UNIT TOTAL 11,150 8,998 NOTES: Return grilles are dirty & need to be cleaned. attachment 1 p8-8 Exhibit B - Payment Schedules Article 1: Payment for Scope of Work 1.1 Price: As full consideration of the Work as described in Exhibit A, Scope of Work, the City shall pay to the Contractor the amount of $ 3,267,500 (including applicable taxes). Note: The above price is valid through November 30th 2009. To the extent that the contingency set forth in the Agreement, Section 5 A., still remains applicable on such date, the City acknowledges that the price may be revised by the Contractor to account for any increased cost to the Contractor. 1.2 Timely Payments: The City agrees to pay the Contractor per Table B.1 below. The City agrees to pay all invoices submitted by SIEMENS per Agreement, Section 4. Table 6.1 - FIM Work Payment Schedule - p ._._ :- a to a meths 0 City's receipt of initial deposit of EECBG funds Mobilization $gg0,250 30% Once Mobilization payment is made the billing will revert to a mutually agreed upon schedule of values. Contractor will invoice City on a monthly basis based on the $1,960,500 60% construction progress. Final Completion of all construction Work. $326,750 10% PROJECT TOTAL: $3,267,500 100% Schedule of values and master project schedule will be provided in the pre-construction kick-off meeting following contract signature. This Exhibit B is attached to and made a part of the Agreement between Contractor and the City. City: ="?_ Signature: Printed Name: 0 At, R E AA,1 k ?? C Title: 1-4 Date: c Contractor: Siemen Build Tec logies, In Signature: Printed Name: Title: ZJ NAME: TIM: JOS H N. GUN`; UA'I'F.: COUNSEL_ /o do/a f BY LEGAL Page 1 of 1 Siemens Building Technologies, Inc. Exhibit B - Payment Schedules Exhibit D Scope of Work City of Santa Ana Phase II Siemens Building Technologies, Inc. AMERICAN RECOVERY AND REINVESTMENT ACT GRANT ASSURANCES By signing this agreement the CONTRACTOR certifies the following: (To the extent that a term does not apply to a particular type of activity or award, it is self-deleting.) 1. Nondiscrimination Policies Contractor will comply with applicable provisions of the following national policies prohibiting discrimination: I On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by DOE regulations at 10 CFR part 1040; 2 On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as implemented by DOE regulations at 10 CFR parts 1041 and 1042; 3 On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90 and DOE regulations at 10 CFR part 1040; 4 On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOE regulations at 10 CFR part 1041; 5 On the basis of race, color, national origin, religion, disability, familial status, and sex under Title VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.) as implemented by the Department of Housing and Urban Development at 24 CFR part 100; and 6 On the basis of disability in the Architectural Barriers Act of 1968(42 U.S.C. 4151 et seq.) for the design, construction, and alteration of buildings and facilities financed with Federal funds. II. Environmental Policies Contractor will: 1 Comply with applicable provisions of the Clean Air Act (42 U.S.C.7401, et. seq.) and Clean Water Act (33 U.S.C. 1251, et. seq.), as implemented by Executive Order 11738 [3 CFR, 1971-1975 Comp., p. 7991 and Environmental Protection Agency rules at 40 CFR part 32, Subpart J. 2 Immediately identify to DOE, as the awarding agency, any potential impact that Contractor finds this award may have on: a. The quality of the human environment, including wetlands, and provide any help DOE may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et. seq.) and assist DOE to prepare Environmental Impact Statements or other environmental documentation. In such cases, Contractor may take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of reasonable alternatives until Exhibit D City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. DOE provides written notification of Federal compliance with NEPA, as implemented by DOE at 10 CFR part 1021. 3 Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented by the Department of Housing and Urban Development at 24 CFR part 35. The requirements concern lead-based paint in housing owned by the Federal Government or receiving Federal assistance. 4 Comply with section 6002 of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6962), and implementing regulations of the Environmental Protection Agency, 40 CFR Part 247, which require the purchase of recycled products by States or political subdivision of States. III. Other National Policies 1 Debarment and suspension. Contractor will comply with requirements regarding debarment and suspension in Subpart C of 2 CFR parts 180 and 901. 2 Drug-free workplace. Contractor will comply with drug-free workplace requirements in Subpart B of 10 CFR part 607, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.). 3 Lobbying. a. Contractor will comply with the restrictions on lobbying in 31 U.S.C.1352, as implemented by DOE at 10 CFR part 601, and submit all disclosures required by that statute and regulation. b. If you are a nonprofit organization described in section 501(c)(4)of title 26, United States Code (the Internal Revenue Code of 1968),you may not engage in lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., Chapter 26). If we determine that you have engaged in lobbying activities, we will cease all payments to you under this and other awards and terminate the awards unilaterally for material failure to comply with the award terms and conditions. By submitting an application and accepting funds under this agreement, you assure that you are not an organization described in section 501(c)(4) that has engaged in any lobbying activities described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611). c. Contractor will comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds, absent express Congressional authorization, to pay directly or indirectly for any service, advertisement or other written matter, telephone communication, or other device intended to influence at any time a Member of Congress or official of any government concerning any legislation, law, policy, appropriation, or ratification. 4. Officials not to benefit. Contractor will comply with the requirement that no member of Congress shall be admitted to any share or part of this agreement, or to any benefit arising from it, in accordance with 41U.S.C. 22. 5 Hatch Act. If applicable, Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7326), as implemented by the Office of Personnel Management at 5 CFR part 151, which limits political activity of employees or officers of State or local governments whose employment is connected to an activity financed in whole or part with Federal funds. 6 Fly America Act. Contractor will comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the "Fly America Act," and implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations require air transport of people or property to, from, between or within a country other Exhibit D City of Santa Ana Scope of Work Phase II Siemens Building Technologies, Inc. than the United States, the cost of which is supported under this award, to be performed by or under a cost-sharing arrangement with a U.S. flag carrier, if service is available. 7. Use of United States-flag vessels. a. Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)), at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds under this award, and which may be transported by ocean vessel, must be transported on privately owned United States-flag commercial vessels, if available. b. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 9.a of this section shall be furnished to both our award administrator (through you in the case of your contractor's bill-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 8. Trafficking in Persons a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not- i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. As the duly authorized representative of the Contractor, I hereby certify that the Contractor will comply with the above certifications. The undersigned represents that he/she is authorized by the above named Contractor to enter into this agreement for and on behalf of the said Contractor. Signature of Authorized Agent: Printed Name of Authorized Ag Title- Date: AC R? t1HMlbb?TYYYl CERTIFICATE OF LIABILITY INSURANCE OA YE -` -?_ _ ?-- ` 041 12J2010 ariclcruteR THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A V ItIPP PiY F G?.D HCILDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR. P.O 130X 19% ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, M<UPRISTCu4TaN ? 0?5L'>2-196b 141}12S678A-vf'T1-GOi10 61Q 1185 INSURERS AFFORbING COVERAGE NAIC 4 INSURED - -. .._..-..,,_ ___. ... - _ __....... _-_ - ...__._-._______.. ... :SIEMENS INDUSTRY, INC. INCLUCING o LRDp, A HDI-Gerling AT ema Insurance Company 81343 BUILDING TECHNOLOGIES DPASION Liberty Mulaal Fire Ins Go 123035 1000 DEERFIELD PARKWAY Iw.jRfRc. Liberty SUFFALO GRC (k, IL 66D8& 4S1S Insurance CorporaTicn I q 4Dd INSURER D y f C? , _ I f itJSi]RERF , __ - COVERAGES Ttl Pt IG E OF tN NFANG€ LI TFC BELOW HAVE 13GFN ISSUED TO THE I.W,URED NAMIED ABOVE FOR THE OLICY" PERRGO INDICArEc-l Nv x;ND NG rd ' REQUIFEMENT, TERM OR, 7,0rID,TI^?N OF ANY GON RACY OR OTHER DOCUMENT MATH RF,`SPFC-, TO LVNICH IHI$ CENTIFTC:ATE OA B I`: Ep Or, 04-,Y PLRr N, T•iE `iSJRANCL AFkC7FDLD BY THE POLPGIFS DEsCRZED HEREIN! IS 63UBJEC'T TO ALL THL TER NIS, EXCLUS U..'a AN[) idpl'O C.F a„C; ti F0LICIE3,AQGRCC.,ATE LIMITS SH??P4N! NA 'Y HA-J- BEEN fiEDU :k'U LiY PA;C LA?1a. OLWY EFFECrP.'C V4IUCYE7PIRATS0Q "' VpE OF tySURA N:-? POLICY NUMBER A LIWTS LTr2?rN5RS1 l,h [c Suirn[wtrr: Fi?TEIw?T,trmY1 ?.? .,ENERAL ttA6lilTr - OCi7u?r?i:F 1 ljC!^Q( CS1-I11iim-11 Irrnt,?nnd In?nv?nrn EACH M?,r cl0.l .Fr _ftf_LAC?ILIT'.' I MALE 0=04 =r._F 1 ...a-?UMT A}-II:, 1-u.1 rcI- x .IT F ',AV ETOrrr,Trl,--- 1 0000001 PREP ! US(- ur'r? I_ . . 1-10,000 ?Ert .,? s x0?,« ,?t r ,5 .,r__ 7.1300.00101' E AUTOMOBILE UAEW71 ,,,IJ A i?,S1-fj31 004334-21'9 1010 112 1TPd 1+'?id'14 4C1Ayi+. L SINhLEI MIT .. 2,000, Q J) Y AI,?Ir. _ € ?' ._ •>CJI_tU A1.,IT3u ,11a? . `NON "..:=LT,.'1 I ? f1PPR VEll S TO FORM SNrd Da?Y??; ,7N-e0;wxGF,. NfA GARAGE LIA64UTY' I I... CaLL 1 II $C (1Y - Aul ?i 'J!_r' ES %-=:IDCrJT $ ? At., AIIT',I ? I A EXGE9Sr UM©RELLA IWSIUTY ix:JF C'IaM? 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C-004 7 596 1 3-01 GI TY OF 5ANrA ANA A.TTN; TERI CABLE 20 CIVIC, CENTER PLZ BANTA ANA, CA 92701 ACC?RD 26 (2009401} OT LNwfcS EM PROVISIONS CANCELLATION SHOUL? ANY OF THE AaOVVR [3E9CRIBED pOLICIGS U CANI.EIIED BEFORE THE FXPIRATIQH (LATE THEREOF; THE 15SIlUIG INSURER V&L ENDEAVOR TO MAIL 30 13AYSY1RM" NOTICE TO THECERTWICA.TE NOCIAX NAMED TO THE LEFT, BUY FAILURE TO 00 50 $HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON UIE INSURER m AGET4r3 OR REPRESENTAVVES_ Miry Radamewsiu „ A. (D 1998-2009 ACORD The AGORI7 name and logo are reyistuied marks ofACCRO T'ION. All Rights Roservod IMPORTANT If the r tiff; ate hofdet is an ADDITIONAL INSURED, tr,k; pcllcy{ies) must be endorsed,A statement On C,Is ! f ?fl ate pines r Gt-confer rights to Inc, Gt'f?l(;Cc?te holoer In Bell of SuG -, er [dorsernentls; If SLIBROGATION IS'J'JAIVILD subject to the terms and worditaons of the policy certain pokc!es may require an endorsement A sta-tement on ',N, c r;IfiC.-stc, :does not conifer n{ghts'v the certificate huller in lieu of such endarsernent{ ) DISCLAIMER This C:elifi3ate of Insurance Coe; not Ccnstltute a contract betwf-en the Issung inscjren;s; a ;thonae^d ry;presentative cr prCdUCer and the Cerlificate holder, nCt does it affirmatively of ;,???tn ely arnend. extend or alter the roverae.e affotdea by the polices listed thereon ADDITIONAL INFORMATION PRODUCER MARSH USA INC. dd Vv'HIP''ANY } O'D P.4, BOX V)66 rAC`PRIST,1W,'N N.. 07%- 1y5h QIl!<<I, Cll1.G 610 11! INSURED , ,IF-N, irl'USTRY,, iNC. INCLUDING DI_I!? - EJNG TECHNOL&-DIES CI'v'IS[CEN '-3tJ-I'.;i 0 IL 6,3031. -4513 NY;.-' ,^,dl 596 1:.1-ii1 DATE INIAIT)Wfl 00212010 I-EXT THE `Y AND IT3 CFFIGtF? UFFhJAI-S, PNII'lQYFE: a, µi?Er! L ?+? ?VNT??.? S ?11tiC1 REPRESENT.,TI'vcSAR.E INC (,l DFDAF AF;DITI()NAt. INSUF.',t-L1 .;NC) fR :Hk I F.FckE?;i:k C) ?GNFRA kABILITYr,,NDAIJ7 Oh.4OB!lE LIABILIT`( iNSURr'.-^:C'f- PC?LiC`IH:? P I (M Y'0A1',?RF-S3KCTT3 ALL W`vL' h'K ?E14-: C) l•,+.?G BY A;vC ON BEH.,',LF OF THE NA°AED <NSIJRH:) SIFMFNS INDUS f R`r. INC FCIR CCER' IFIC„TE I-OLDER UNDER COP,JRACT TH,- V-3,11-H AND (A) N I RaC FOP RlGr tT;--- AGA AST E C'H OTHE-R AND ANY riTH EFL 7kAi.'C14 'SUBCONTRACTORS, ;_P 9UP. ONTRACT;?RS, AGENTS, AND ENIFLOYEES. `CSR DAP1M ,.. F -%JuPIFs CAUSED 8Y PER!_S TO THE EXTENT C-OVER'ED.BY rdSUl?ANCE E:{ LET SUCH RICH SAS THEY ty1AY HAVF 10 NR(.;:EEDS C- SUCH INSURANCE HELD 8YT. HE 4`.NT.ER ,AS A HDUCIARY<. S' 001, U00 F CIFES5IL'I}A.L LIADILIT'Y IS INCLUDED UNDE THc :?,LhIERA L LlAli.;I, I fY F,01 ?CY AW) $1 ('00.00D IS INCLUDED UNiCER T!=E ,AALIRELLA LIABILITY PC•LI'; Y THL Itd`-t! :rr.CL AFF R_lE 0 By l i15 L''DLI3rY,5HALL f FFLY SEPA•,ATEI Y TO i-,A(? IN: LIRE ,l.Hu I,-; ,3E KING C,CVERAGE Oi? AGAINST 3{ 'L+l A CL %Al IS'AA.D 0R A SUIT IS B?IG°GHT_ Ex P1 'dJ 1 H :t`;,PFCT TG T I I C'C ?:1t'.AN'Y'S I NIT GE Lh?[31LITY? CERTIFICATE HOLDER C:I TY OF w,ANTA ANA ATTN TERI CABLE 20 riko'll; CENTER PL! S.KNTAANA CAA 927DI afT iii c Inc cnlw. Maly R.*?.%W?.?-Iki Pag 2 POLICY NUMBER: GLDI1 101-01 COMMERCIAL GENERAL LIABILITY CG 20 101185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE `READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM 13) This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Peron or Organization: ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT 11 is_agreed that ihm insurance mainizinRd ptrrsualnl 10 the wnlten contract agreement-, shall he primary to, and not contribute with any insurance or ,61-rnsuranae maintained by the above, btu only with respecl to work per- formed by or cn behalf of the Named Inured. fit no eniry appears above, iniormation required to complete this endorsement will be shown in tnc Declarations as applicable to ihi:. endorsement,) WHO 1u AN INSURED I'_ection II} i ; amended to include as an n.<,jred the person or organization shown in the Schedule, but only)Ailh respect to liabiliiy arising out of 'your work- for that insured by or for you, CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 Page 1 of 1' A ALYDfTTO'NTAL 1NrS1-ffU) F??{ ?2SF.h'TFNT F_QR CO-- \,.M RQJ G F N LRAL,L i:.BJJTY OLIC"Y lnsurcanCe Company HDI-Gu ing Am.,nca ,rslrancc Cnm?any This endc-rsement noddies s[:ch insurance ati is afforded by the provisions of Policy a~W _1101-0 1 relating to the following: 1 The City of Santa Ana, 20 Civic Center Naz:3, Santa AnaI California 92701 its officers, employees, agents, volttn:ecrs and rcprescntativcs are namcd as -additional insureds Cadclitsonal [[:sure:is";i with refar[a to liabiiityr and defea>`,e of snits arstng franc the operations and rues performed by or on ',ehalf of the r-,i cd insured. _' With respect to c`ainis arisin e out of the operations and uses performed by or on behalt-of the 113nled insured such insurancc as _is affurdcd by this policy is primary and is not ,Ik'd]tlc)n:31 t0 OF CCWtributiq, ,s,itl: any other insurance carried by or for the benefit of the 3 Ihis insurance applies Separ:[tely to each insured against whom claim is made or suit is brought cxecpt with respect to the coinpany's limits of liability, The inclusion of any person or org m ],:iuoo as an insured shall not affect arty right which such persorl or oiganizatiora would have as a Ylaimant if not so incl udvkt, 4 With resl)ect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coy: eragre or limits c,,,cept alter thirty (30) days ?vritter. notice has been. 9W-IT, tG the City of Santa Ana, 20 Civic Center_?'lazta, Snnt<a Ana, Californ a 9'?0 1. (Cr,mpleti011 Df ..he t01 10 kIng, includl ng COUnWrsitinaturr.. [s required to inake this endorsement eiTt iCti, C. I Efttactive _ April 5, 201 this endocsement farm as a part of Folic, t: GLCtr:u10: IS'SoCd to 5,e[.;e[-51t.du ;trc:Inelutli,g leflnaT?et al?:iCS?tnslol _ _.._.._.._._.__._ Nanned Insured Countersinned by? ; - ?. '? .A+,?[tl??>ritied Representative A? CERTIFICATE OF LIABILITY INSURANCE °ATE(MM,°DIVYYY) _ 09/16/2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 44 WHIPPANY ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 1966 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MORRISTOWN, NJ 07962-1966 100129-6-7BA-SBT1-10/11 610 Chen 1185 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HDI-Gerlln America Insurance Company 41343 BUILDING TECHNOLOGIES DIVISION INSURER B: Liberty Mutual Fire Ins Co 23035 1000 DEERFIELD PARKWAY .---- BUFFALO GROVE, IL 60089-4513 INSURER c: Liberty Insurance Corporation 42404 INSURER D: INSURER E: COVERAGES _ -1 _--- - --------_ - - -- ?? THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PQIJCY `PERT INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THTS'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. AGGREGATE LIMITS SHOWN MAY HAVF RFFN RI=nI Icr=n RV RAIn r l AIRAC Ns LTR wuu' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYYYY) DATE (MWDDIYYYY) - ', umq& GENERAL LIABILITY A GLD 11101-02 1010112010 10/01/2011 EACH OCCUR?jVCE. 71- 1.000.000 X COMMERCIAL GENERAL LIABILITY MAGE AGE O E 1 60? ??? PREM SES _It u pnce ? ? CLAIMS MADE a OCCUR MED EXP (An Wso n) 100,000 - PERSONAL 8 ADV JURY 1,666,666 GENERAL AGGREGATE $ 16,060,006 GENERAL AGGREGATE LIMIT APPLIES PER PRO X POLICY JECT LOC PRODUCTS -COMP/OP AG $ INCL - - -- B I AU TOMOBILE LIABILITY AS2-631-004334-21 0 10/01/2010 10/01/2011 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 ALL OWNED AUTOS BODILY INJURY $ N/A SCHEDULED AUTOS (Per person) X HIRED AUTOS X NON-OWNED AUTOS ' F(I DILY INJURY $ N/A eraccident) ?- PROPERTY DAMAGE H (Per accident $ N ) /A GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: $ I AGG : A EXCESS / UMBRELLA LIABILITY X , CUD11102-02 10/01/2010 10/01/2011 EACH OCCURRENCE $ 6,006,000 OCCUR [ - _I CLAIMS MADE AGGREGATE $ 6,000,006 DEDUCTIBLE $ RETENTION $ -- --- $ -_ ___ C 'I WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WA7-63D-004334-010 (AOS) 10/01/2010 10/01/2011 X WC STATU- OTH- WC7-631-004334-020(OR WI) 10/01/2010 / C ANY PROPRIETORPARTNER/EXECUTIVE Y / N , 10 01/2011 L E EACH ACCIDE $ 1 0 OFFICER/MEMBER EXCLUDED? _ EW7 63N-004334-040 (OH) 10/01/2010 10/01/2011 . . NT , 00,000 C 1 5 '$500K LIMIT / $500K SIR' E L DISEASE - EA EMPLOYE $ 1 000 000 Mandatory in NH) If yes describe under . . , , , PECIAL PROVISIONS b l e ow E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DES CRIPTION OF nPFRATInMSn nreTlnucnrcu.r. ?? .?..... „?, ............._ _.. _.._________ _.___ _ -_. RE: 440P-027046 (LAESO) SEE ATTACHED CERTIFICATE HOLDER NYC-004159613-03 CITY OF SANTA ANA ATTN: TERI CABLE 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS A_=-Q e??.,??.-..r.?..._.. AUTHORIZED REPRESENTATIVE - of Marsh USA Inc. Donna Clampitt ACORD 25 (2009101) ©1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AbDITIONAL INFORMATION NYC-004159613-03 DATE (MMIDDIYY) ] - -- ---- -- --- - -- - - - -- - -- ---- --- - - -- - --- -- ---- - - -- -- - -- - --- 09/16/2010 - -- - - --- PRODUCER - - - - - ---- -- ---- - -- - - -- - - - _ _ _ ___ MARSH USA, INC. 44 WHIPPANY ROAD P.O. BOX 1966 MORRISTOWN, NJ 07962-1966 100129-6-7BA-SBT1-10/11 610 Chen 1185 INSURERS AFFORDING COVERAGE NAIC # INSURED SIEMENS INDUSTRY, INC. INCLUDING INSURER F: - - -- ------- -- BUILDING TECHNOLOGIES DIVISION INSURER G: --- ---- ----- 1000 DEERFIELD PARKWAY - - - -- - - - - INSUR RER-H: -- BUFFALO GROVE, IL 60089-4513 INSURER I: TEXT 4 -027046 (LAESO) - - THE CITY AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES, BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. THE OWNER AND CONTRACTOR WAIVE ALL RIGHTS AGAINST EACH OTHER AND ANY OTHER CONTRACTOR, SUBCONTRACTORS, SUB- SUBCONTRACTORS, AGENTS, AND EMPLOYEES, FOR DAMAGES OR INJURIES CAUSED BY PERILS TO THE EXTENT COVERED BY INSURANCE EXCEPT SUCH RIGHTS AS THEY MAY HAVE TO PROCEEDS OF SUCH INSURANCE HELD BY THE OWNER AS A FIDUCIARY. $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY AND $1,000,000 IS INCLUDED UNDER THE UMBRELLA LIABILITY POLICY. THE INSURANCE AFFORDED BY THIS POLICY SHALL APPLY SEPARATELY TO EACH INSURED WHO IS SEEKING COVERAGE OR AGAINST WHOM A CLAIM IS MADE OR A SUIT IS BROUGHT, EXCEPT WITH RESPECT TO THE COMPANY'S LIMIT OF LIABILITY. CERTIFICATE HOLDER CITY OF SANTA ANA ATTN: TERI CABLE 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 of Mari Donna Passe 3 POLICY NUMBER: GLD11101-02 COMMERCIAL GENERAL LIABILITY CG 201011 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work per- formed by or on behalf of the Named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 201011 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 i.. MARSH Memo To: To Whom It May Concern Date: September 15, 2010 From: Marsh CSS Subject: Siemens Corporation Certificates of Insurance 2010 - 2011 Policy Year Marsh USA Inc. 10900 StonelakB Blvd., 3d Floor Austin, TX 78759 512 342 4400 Fax 212 948 0622 Nj s ism ans. cs g@mars h. com As a Siemens Corporation Certificate Holder, please find attached your company's renewal certificate for the 10/1/2010 - 10/1/2011 policy period. If you do not require this Certificate of Insurance, please advice by marking "delete" on the certificate and returning it via email (nisiemens.cs @marsh.coin) or fax to (212) 948 0622. Best regards, Marsh CSS [?? Marsh & Mclennan Companies