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HomeMy WebLinkAboutSIEMENS BUILDING TECHNOLOGIES 6A - 2009 A-2009-144-001 RK,.FC' i FIRST AMENDMENT TO AGREEMENT DATE FEB z 3 2011 FOR THE PURCHASE AND INSTALLATION OF ENERGY CONSERVATION MEASURES ? pp ??t This First Amendment to Agreement is made and entered into on the A day of ?Qf?• ;D4-0, by and between Siemens Industry, Inc., a Delaware Corporation (formerly known as Siemens Building Technologies, Inc.) (herein "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, (herein "City"), collectively, ("Parties"). RECITALS: A. The City and Siemens Building Technologies, Inc. entered into Agreement A-2009-144, dated September 8, 2009, (hereinafter "said Agreement") by which Contractor agreed to install certain energy efficiency Facility Improvement Measures (FIM's) in City facilities. B. October 1, 2009, Siemens Building Technologies, Inc. changed its name to "Siemens Industry, Inc." All references to Siemens Building Technologies, Inc. shall mean Siemens Industry, Inc. C. Said Agreement is funded through the Department of Energy (DOE), Energy Efficiency and Conservation Block Grant (EECBG) Program. D. The Parties agreed that they would comply with all requirements governing the EECBG program. The DOE has promulgated rules requiring that both the recipient and contractor receiving EECBG funding, agree to be bound by all Special Provisions Relating to Work Funded under American Recovery and Reinvestment Act of 2009. E. In accordance with the terms and conditions of said Agreement, the parties wish to further specify the provisions with which the project will comply. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 5., GRANT FINANCING AND ASSURANCES, shall be amended by deleting subsection "B" in its entirety and replacing it with the following: `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 6. Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7. Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 8. Contractor shall comply with the Generally Applicable Requirements found at 10 CFR 600, Appendix A, and attached hereto as Exhibit F. 2. New Section 30, AUDIT AND INSPECTION OF RECORDS, shall be added, which will read as follows: "Section 30. AUDIT AND INSPECTION OF RECORDS Contractor shall provide City, the U.S. Department of Energy (DOE), the Comptroller General of the United States, or other agents of DOE, such access to Contractor's accounting books, records, payroll documents and facilities of the Contractor which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. Contractor shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Contractor's performance hereunder and for a period of three (3) years from the date of final payment by DOE. DOE's right to audit books and records directly related to this Agreement shall also extend to all first-tier subcontractors. Contractor shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary." New Section 31, INCORPORATION OF DOE ASSISTANCE REGULATIONS, shall be added which will read as follows: " Section 31. INCORPORATION OF DOE ASSISTANCE REGULATIONS All contractual provisions required by Department of Energy (DOE), whether or not expressly set forth in this document, as set forth in DOE Assistance Regulations, 10 CFR Part 600, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all DOE mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the DOE terms and conditions." 4. New Section 32, FEDERAL CHANGES, shall be added to read as follows: "Section 32. FEDERAL CHANGES Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement between the City and DOE , as they may be amended or promulgated from time to time during this Agreement. Contractor's failure to comply shall constitute a material breach of contract." 5. Exhibit D -American Recovery and Reinvestment Act Grant Assurances, will be deleted in its entirety and replaced with new Exhibit D - National Policy Assurances (August 2008), attached hereto and incorporated by this reference. IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement the date first set forth above. ATTEST: 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 r By Laura Sheedy / Assistant City Attorney RECOMMENDED FOR APPROVAL: UL GODINEZ II Executive Director - PWA SIEMENS INDUSTRY, INC. (Name) KAMPS (Title) VICE PRESIDW FINANCE li BUSINESS ADMINISTRATION APPRUV,(;AL i SEBASTIAN N. DANZIGER EXHIBIT D NATIONAL POLICY ASSURANCES TO BE INCORPORATED AS AWARD TERMS (August 2008) To the extent that a term does not apply to a particular type of activity or award, it is self- deleting. 1. Nondiscrimination Policies You must comply with applicable provisions of the following national policies prohibiting discrimination: 1. 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 You must: 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. 799] and Environmental Protection Agency rules at 40 CFR part 32, Subpart J. 2. Immediately identify to us, as the awarding agency, any potential impact that you find this award may have on: a. The quality of the human environment, including wetlands, and provide any help we may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et. seq.) and assist us to prepare Environmental Impact Statements or other environmental documentation. In such cases, you 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 we provide written notification of Federal compliance with NEPA, as implemented by DOE at 10 CFR part 1021. b. Flood-prone areas, and provide any help we may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.), which require flood insurance, when available, for Federally assisted construction or acquisition in flood-prone areas, as implemented by DOE at 10 CFR part 1022. c. Use of land and water resources of coastal zones, and provide any help we may need to comply with the Coastal Zone Management Act of 1972(16 U.S.C. 1451, et. seq.). d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes' shores, and provide help we may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et. seq.), concerning preservation of barrier resources. e. Any existing or proposed component of the National Wild and Scenic Rivers system, and provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.). f. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide any help we may need to comply with the Safe Drinking Water Act(42 U.S.C. 300h-3). 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. Live Organisms 1. Human research subjects. You must protect the rights and welfare of individuals that participate as human subjects in research under this award in accordance with the Common Federal Policy for the Protection of Human Subjects (45 CFR part 46), as implemented by DOE at 10 CFR part 745. 2. Animals and plants. a. You must comply with applicable provisions of Department of Agriculture rules at 9 CFR parts 1-4 that implement the Laboratory Animal Welfare Act of 1966 (7 U.S.C. 2131-2156) and provide for humane transportation, handling, care, and treatment of animals used in research, experimentation, or testing under this award. b. You must follow the guidelines in the National Academy of Sciences(NAS) Publication "Guide for the Care and Use of Laboratory Animals"(1996, which may be found currently at http://www.nap.edu/readingroom/books/labrats/) and comply with the Public Health Service Policy and Government principles Regarding the Care and use of animals (included as Appendix D to the NAS Guide). c. You must immediately identify to us, as the awarding agency, any potential impact that you find this award may have on endangered species, as defined by the Endangered Species Act of 1973, as amended ("the Act," 16 U.S.C. 1531-1543), and implementing regulations of the Departments of the Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217- 227). You also must provide any help we may need to comply with 16 U.S.C. 1536(a)(2). This is not in lieu of responsibilities you have to comply with provisions of the Act that apply directly to you as a U.S. entity, independent of receiving this award. IV. Other National Policies 1. Debarment and suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR parts 180 and 901. 2. Drug-free workplace. You must 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. You must 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. You must 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. You must 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, you must 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. Native American graves protection and repatriation. If you control or possess Native American remains and associated funerary objects, you must comply with the requirements of 43 CFR part 10, the Department of the Interior implementation of the Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C., chapter 32). 7. Fly America Act. You must 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 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. 8. 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. 9. Research misconduct. You must comply with the government-wide policy on research misconduct issued by the Office of Science and Technology Policy (available in the Federal Register at 65 FR 76260, December 6,2000, or on the Internet at www.ostp.gov), as implemented by DOE at 10 CFR part 733 and 10 CFR 600.31. 10. Requirements for an Institution of Higher Education Concerning Military recruiters and Reserve Officers Training Corps (ROTC). a. As a condition for receiving funds under an award by the National Nuclear Security Administration of the Department of Energy, you agree that you are not an institution of higher education that has a policy or practice placing any of the restrictions specified in 10 U.S.C. 983. as implemented by 32 CFR part 216, on: i. Maintenance, establishment, or operation of Senior ROTC units, or student participation in those units; or ii. Military recruiters' access to campuses, students on campuses, or information about students. b. If you are determined, using the procedures in 32 CFR part 216, to be such an institution of higher education during the period of performance of this award, we: i. Will cease all payments to you of funds under this award and all other awards subject to the requirements in 32 CFR part 216; and ii. May suspend or terminate those awards unilaterally for material failure to comply with the award terms and conditions. 11. Historic preservation. You must identify to us any: a. Any property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and provide any help we may need, with respect to this award, to comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f), as implemented by the Advisory Council on Historic Preservation regulations at 36 CFR part 800 and Executive Order 11593, "Identification and Protection of Historic Properties," [3 CFR, 1971-1975 Comp., p. 559]. b. Potential under this award for irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, and provide any help we may need, with respect to this award, to comply with the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.469a-1, et seq.). 12. Relocation and real property acquisition. You must comply with applicable provisions of 49 CFR part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. 4601, et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs. 13. Confidentiality of patient records. You must keep confidential any records that you maintain of the identity, diagnosis, prognosis, or treatment of any patient in connection with any program or activity relating to substance abuse education, prevention, training, treatment, or rehabilitation that is assisted directly or indirectly under this award, in accordance with 42 U.S.C.290dd-2. 14. Constitution Day. You must comply with Public Law 108-447, Div. J, Title I, Sec. 111 (36 U.S.C. 106 note), which requires each educational institution receiving Federal funds in a Federal fiscal year to hold an educational program on the United States Constitution on September 17thduring that year for the students served by the educational institution. 15. Trafficking in Persons a. Provisions applicable to a recipient that is a private entity. 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. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a.I of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a. I of this award term through conduct that is either- A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 901. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.I of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 901. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b. of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.I of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). V. National Policy Requirements for Subawards. Recipient responsibility. You must include in any subaward you make under this award the requirements of the national policy requirements in Sections I through IV of this document that apply, based on the type of subawardee organization and situation. EXHIBIT F GENERALLY APPLICABLE REQUIREMENTS 10 CFR 600, Appendix A Appendix A to Part 600-Generally Applicable Requirements Socioeconomic Policy Requirements Nondiscrimination in Federally Assisted Programs, 10 CFR part 1040 (45 FR 40514, June 13, 1980), as proposed to be amended by 46 FR 49546 (October 6, 1981). Nondiscrimination Provisions in Federally Assisted Construction Contracts, Part I I I of Executive Order 11246 (September 24, 1965), 3 CFR 1964-65 Comp., p. 345. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. 4581). Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. 1174). Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151 et seq. ). National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq. ), 40 CFR part 1500, as implemented by (45 FR 20694, March 28, 1980). Sec. 306, Clean Air Act, as amended (42 U.S.C. 7606c). Sec. 508, Federal Water Pollution Control Act of 1972 (33 U.S.C. 1251 et seq. ); Executive Order 11738, September 12, 1973. Title XIV, Public Health Service Act, as amended (42 U.S.C. 300f- et seq. ). Sec. 102(a), Flood Disaster Protection Act of 1973 (Pub. L. 93-234, 87 Stat. 975). 10 CFR part 1022, "Protection of Wetlands and Floodplains." Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq. ). Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq. ) (15 CFR part 930). Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq. ). Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq. ). Sec. 106, National Historic Preservation Act of 1966, as amended (16 U.S.C. 470f); Executive Order 11593, "Protection and Enhancement of the Cultural Environment," May 13, 1971, 3 CFR 1971 Comp., p. 154; Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469 et seq. Protection of Historic and Cultural Properties, 36 CFR part 800. Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq. ). Protection of Human Subjects, 10 CFR part 745. Federal Laboratory Animal Welfare Act (7 U.S.C. 2131 et seq. ) (9 CFR parts 1, 2, and 3). Lead-Based Paint Prohibition (42 U.S.C. 4831(b)). Sec. 7(b), Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). Cargo Preference Act of 1954 (46 U.S.C. 1241(b)) (46 CFR §381.7). International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 1517). Executive Order 12138, "Creating a National Women's Business Enterprise Policy and Prescribing Arrangements for Developing, Coordinating, and Implementing a National Program for Women's Business Enterprise," (May 18, 1979) 3 CFR 1979 Comp., p. 393. Sec. 403(b), Power Plant and Industrial Fuel Use Act of 1978, (42 U.S.C. 8373(b)); Executive Order 12185 (December 17, 1979, 3 CFR 1979 Comp., p. 474). Administrative and Fiscal Policy Requirements The Hatch Act (5 U.S.C. 1501-1508). Federal Reports Act, as amended by the Paperwork Reduction Act of 1980, Pub. L. 96-511 (44 U.S.C. 3501 et seq. ). OMB Circular A-111, Jointly Funded Assistance to State and Local Governments and Nonprofit Organizations-Policies and Procedures. Federal Claims Collection Act of 1966, Pub. L. 89-508, 89 Stat. 309 (31 U.S.C. 951 et seq. ). OMB Circular A-88, Coordinating Indirect Cost Rates and Audit at Educational Institutions. OMB Circular A-73, Audit of Federal Operations and Programs. Single Audit Act of 1984, Pub. L. 98-502. OMB Circular A-128, Audits of State and Local Governments. [47 FR 44108, Oct. 5, 1982, as amended at 50 FR 42361, Oct. 18, 1985; 51 FR 4297, Feb. 4, 1986] coRV® CERTIFICATE OF LIABILITY INSURANCE DATE (MhVODIYYYY) 09!10/20„ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the eartlfleate holder to en ADDITIONAL INSURED, the polley(lea) must ba andoraed. If SUBROGATION IS WAIVED, aubJeet to the terms and eondltlons of the Polley, eartaln pollelea may require an andoraamant. A statement on this certlfleete dose not confer rlghta to the certlflceta holder In Ileu of such endorsement s . PRODUCER . MARSH USA, INC. PNONE FAX 445 SOUTH STREET MORRISTOWN, NJ 07980-0454 1- INBURE 8 AFFORDING COVERAGE NAIC p 100128-8-7BA-SBT1-71/12 810 Glenna INSURER A : HDI-GBIIIf10 ATBIIC81fMUIHIIOB C01?8ny 47343 INSURED INSURER B : LI6e11y Mllhlai Fire IIIS Co 23035 SIEMENS INDUSTRY, WC. INCLLN7ING Uberl lniurence Cor oratlon 42404 BUILDWG TECHNOLOGIES DIVISION Y y INSURERC: 1000 DEERFIELD PARKWAY INSURER D BUFFALO GROVE, IL 80089-4513 INSURER E . ? ER , CAVEROCEB ? CERTIFIC1e•TE NLIMRERe NYr` ^^°^'2884ffii REVISION Nl1MBERc THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W R TYPE OF INSURANCE POLICY NUMBER LILY CXP LIMITS A GENERAL LIABILITY GLD11101-03 10/012011 10/012012 EACH OCCURRENCE f 1.000,000 X COMMERC VIL GENERAL LIABILITY i 1.000'000 CLAIMS?IADE ? OCCUR MED EXP one rson i 100,000 PERSONAL 6 ADV INJURY S 1,000.000 GENERAL AGGREGATE 3 10,000,000 OENL AGGREGATE LIMIT APPLIE8 PER PRODUCTS -COMP/OP AGO i INCL X POLICY PRO- LOC i B AUTOMOBILE LU\a1LITY AS2?31-004334-211 10/012071 10/012012 C MBI D uMT 2,000,000 X ANY AUTO BODILY INJURY (Par parson) i WA X A?OOYNVED ?T?ULEO BODILY INJURY (Par sodden!) i WA X X WMED PROPERTY DAMAGE i WA HIRED AUT08 AU ? i UMBRELLA LIAB OCCUR EAGH OCCURRENCE $ EXCESS LUU) CLAIMS?L4DE AGGREGATE i DED ETE ON i (?` WO RKHta COMPENBATON ' A7 1 AOS X VNC 8TATU- OTH- C AND EMPLOYERS LUUMDTY v / N WC7$31-004334-021 (OR W? 10/012011 10/012012 000 1 000 ANY PROPRIETOR/PARTNER/EXECVTIVE , E.L EACH ACCIDENT ' ' i C OFFICER/MEMBER EXCLUDED? ? (Msndatery In NH) N / A EWS83N-0OA334421 (OH) 10/012011 10/012012 E.L. DISEASE - EA EMPLOYE 6 1,000,000 n neauw uneY? '$500K LIMIT / S500K SIR' 000 1 000 DESCRIPTION T E.L DISEASE -POLICY LIMB , , _, . [:._l !?, r-. DESCRIPTION OF OPERATIONS / LOCATON8 / VEHCLEB (AMaeh ACORD 107, Additlonal RamerM 8dladuls, H mere epees V requlrW) G? 401330; MAINT/REP ALARM SYSTEM-;P•D. FACIUTV 2800023858 ALL OPERATIONS A?" c?? J t ? _ y ) ?J-?} , r'_" EE ATTACHED ?? LL 'T?? p ?' fiA1L1L.4af ? I( GERTIFIGATE MC7LUEK fiArv{rC LL/?IIVIV CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CLERK OF THE CITY COUNCIL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CMC CENTER PLAZA (M30) ACCORDANCE WITH THE POLICY PROVISIONS. P.O. BOX 1988 SANTA ANA, CA 92702-1988 AUTHORIZED REPRESENTATVE of Marsh USA Ins. Manashi Mukhar)ee .?]tiC.CLUAadsa -? ® 1988-2010 ACORD CORPORATION. All rlahta reserved. ACORD 26 (2010/06) The ACORD name and logo era registered marks of ACORD ?-???w AGENCY CUSTOMER ID: '100129 LOC *: Morristown ADDITIONAL REMARKS SCHEDULE Paga z of 2 AGENCY NAMED INBURED MARSH USA, INC. SIEMENS INDUSTRY, INC. WCLUDING DMSION POUev NUM9eR 8000 DEERFIELD PARKWgY BUFFALO GROVE, IL BOD39-453 CARRIER NAIC CODE EFFECTIVE DATE: AYV? ? ?VIYAL RCMAKR3 TH13 ADDITIONAL REMARKS FORM 13 A 9CHEDUL.E TO ACORD FORM, FORM NUMBER: ZS FORM TITLE: Certificate of Liability InsurenCa RE: SBT 28000?b788 CITY OF SANTA ANA, R8 OFFlCERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATNES ARE WCLUDED AS ADORIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LUBILrfY INSURANCE POLICES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND NON-CONTRIBUTORY INSURANCE TO THE EMENT THAT A CWM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC. OR ITS SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS ACORD 101 (2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reglstersd marks of ACORD HDI-GERLIIVG AMERICA INSURANCE'COMPANY MANUSCRIPT ENDORSEMENT # 34 Polley Number Named Insured. QLO?f909-03 SIEMEIV,S CORPOR<i.TIOfV Palley"PeHotls Inceptlan (M-D:Y) Expiration (M=D-]n Effective Data and Tlrne. of Endorsement 10-01?1'I 10.01-12 10-01.+11 12:01'am. Sffindard Time at Address of the Insured. Th/9 Eiidoraanani Changes T? Pbpcy. Please Read It Casafudy. BLANKET ADDITIONAL INSURED Thisendorsarrfgntmodifies Insuranceprovided under thie'foIlpHAng; Commercial t3eneral Liat?111ty Coverage Farm Who Is .an insured Is emended ta.lnduiie as err insured ahy person whom you ;are.re9uired to add as, an additional ktsurecl.on.thls policy::undera;wrltten agreement. 7F?e insurance coverage provided,tcs such additional insured applies cx?ly to the extent requited within the written agn3arnetrts ere coverage -shall .ndt provide; any bnoaiier coverage then you en agreement and, shall not provide _I.imits of d to"you. in this. policy, or• the'llrriits:of Insurano.Q you The insuranoe provided to the adtlltlonal_insuredby this endorsement ls,exoess over.any valid: and coliectlble other insurance, vrhetherprtmary, excess,, contingent,: or on any other; bests, that is available to the ariditlonaf inured for a loss we cover under this endorserTent. however, if the.vrritten egreement;speciflcaUy requlres.the4 thls'Jnsurance apply on a prlrnary'besls, this Insurance Is pMrnary. If the.written. agreement spe.ciflcaly requires. this:Insun3nce apply on.a.prirnary and noncontributory basis fhl.§: insurance is primary to other Insuranoe evapable to the additional insured and.we vrlltno# sharewith #haf other insuranoe; Thar, endcxsetitent. shall prevail over'. etlditlonel Insured endorsements that may aPPN uederthls:pdioy.unless required otherwise in the written agieem?nf. All t'ermscand.condkions_of the polioy.remain unchanged, THIS ENDORSEMENT MU$T BE AT7ACIiED T? q ?HANCi? EN DOR$EMENTWHEN IS$UED AfTE1t TH.E:PbLIGY:18 ;V1/RrrTEN. Psge l of ]