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HomeMy WebLinkAboutCAG2002-0503 - Original - Siemens Building Technologies, Inc. - HVAC Maintenance - 09/24/2002 �► Records M eme �� KENT WA9NINOTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed,if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: yeti 1S 1� ` v�q �2c ��ho (o� i e LAC Contract Number: This is assigned by Mary Simmons Gi Vendor Number: 35 S q1 r Project Name: VAC me • Y'-� V,e t2 Contract Effective Date: ( t (0 Contract Termination Date: Contract Renewal Notice (Days): O Number of days required notice for termination or renewal or amendment Contract Manager: C\'�-4 es �II \` V\-Ck SC Department: '�G-s k S I �aCt V l e5 Abstract: !A&-C'A ti r C o VGA o k o v.0 e o r 1 e e f CfzVL �er t v e SOL.�fce ,r l� e Sick ` o C,e ADCL7832 07/02 /L4-C-_ 14-5 / �✓ KENT WASHINGTON PUBLIC WORKS AGREEMENT between City of Kent and SIEMENS BUILIDING TECHNOLOGIES, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Siemens Building Technologies, Inc. organized under the laws of the State of [Washington ], located and doing business at 13020 NE 20th Street, Bellevue, Wa. 98005, Robert Dodd (425)455-3700 (hereinafter the "Contractor") AGREEMENT The parties agree as follows I. DESCRIPTION OF WORK Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications Siemens will perform annual preventative maintenance, including operator coaching for the APOGEE system, operating inspections for cooling towers and chillers. This is per attached Technical Support Progran dated 8/1/02. Contractor further represents that the services furnished under this Agreement will be performed to accordance with generally accepted professional practices in effect at the time such services are performed H. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement Further, Contractor shall complete the work described in Section I within 3 years from the effective date of this Agreement. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $7,781 per quarter , plus any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement The Contractor shall invoice the City monthly The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project A Performance Bond Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty(60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later PUBLIC WORKS AGREEMENT- 1 (Under$1OK and Performance Bond) B. Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work Defective or unauthorized work includes, without limitation work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor C Final Payment Waiver of Claims THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement V. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work B The Contractor's failure to complete the work within the time specified in this Agreement C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor D The Contractor's persistent disregard of federal, state or local laws,rules or regulations E The Contractor's filing for bankruptcy or becoming adjudged bankrupt F The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage PUBLIC WORKS AGREEMENT-2 (Under$1OK and Performance Bond) rate provisions The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work, however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below The Contractor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3)not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file claim as provided in tlus section. The Contractor shall give written notice to the City of all claims within fourteen(14)calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim,whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A Provide a signed written notice of claim that provides the following information 1 The date of the Contractor's claim; 2 The nature and circumstances that caused the claim, 3 The provisions in this Agreement that support the claim, 4 The estimated dollar cost, if any, of the claimed work and how that estimate was determined, and PUBLIC WORKS AGREEMENT-3 (Under$1OK and Performance Bond) 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest. C Contractor's Duty to Complete Protested Work In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement D Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions,instructions,interpretations, and determination). E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one- year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect, If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement PUBLIC WORKS AGREEMENT-4 (Under$1OK and Performance Bond) XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, ansing out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement XIIL INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, sub- consultants or sub-contractors Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing the following insurance coverage and limits. 1. Automobile Liability insurance with hunts no less than $1,000,000 combined single limit per accident for bodily injury and property damage covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products/completed operationstbroad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability ansmg from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City 3. Builders Risk insurance shall be written with limits in the amount of the completed value of the project with no coinsurance provisions Insurance shall cover the interests of the City, the contractor, and sub-contractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended PUBLIC WORKS AGREEMENT-5 (Under$]OK and Performance Bond) coverage and physical loss or damage, including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builder's Risk insurance covering the work will have a deductible no greater than $5,000.00 for each occurrence, which will be the responsibility of the Contractor Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City Any increased deductibles accepted by the City will remain the responsibility of the Contractor The Builders Risk insurance shall be maintained until final acceptance of the work by the City 4. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a"claims-made"basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability, The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Insurance is to be placed with insurers with a current A.M.best rating of not less than A.VM The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage XIV. WORK PERFORMED AT CONTRACTOR'S RISK Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XV. MISCELLANEOUS PROVISIONS. A Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product B Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect PUBLIC WORKS AGREEMENT-6 (Under$1OK and Performance Bond) C Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim ansing from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages ansmg from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement D Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor G Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H Comnhance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By bLt (seg lure (signature) Print Print !I :Joh Hod son Its (Titl�irct �r Its Dir ctor of arks DATE ����Le DATE a NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: PUBLIC WORKS AGREEMENT-7 (Under$1OK and Performance Bond) CONTRACTOR: CITY OF KENT- Robert Dodd Charles(Charlie) Lindsey Siemens Building technologies, Inc City of Kent 13020 NE 20th Street 220 Fourth Avenue South Bellevue, Wa 98005 Kent, WA 98032 (425) 455-3700(telephone) (253) 856-5081 (telephone) (425)455-3042(facsimile) (253) 856-6080(facsimile) APPROVED AS TO FORM: Kent City Attorney PPxIFV0.M6cONiWST1(M`lgCrnewNAlv.WehNgemvv VVt6LOWakApwmm Vn�IJY.Por(omllnµJvo PUBLIC WORKS AGREEMENT- 8 (Under$1OK and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to tlus Agreement shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows 1 I have read the attached City of Kent administrative policy number 1.2 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory,mental or physical disability 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor,that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above T Dated this day of � 200;-7 By For: Title �/ Date ,y 47l EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER 12 EFFECTIVE DATE: January 1, 1998 SUBJECT. MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps I Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2. Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Plammig, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS -2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT Tlus form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For Title Date EEO COMPLIANCE DOCUMENTS-3 SIEMENS Siemens Building Technologies Technical Support Program Proposal Prepared for City of Kent IEf�iN su K 11:1 HG P X LBUPPDXT RCGWNS MNMENENi PE RM�IICE UPOMOE Siemens Building Technologies, Inc. Technical Support Program Proposal Support Services - Automation System Services - Mechanical System Services August 1, 2002 Prepared By: Robert Dodd Senior Sales Engineer SIEMENS Table of Contents Executive Summary . 1 Project Scope .. I . . .. .. 2 Technical Support Services . . ... . .... 3 Technical Support Program Assumptions, Inclusion & Exclustlons . ..... .... . 8 Project Team . 9 Account Management 10 Agreement Page 11 Perfered Labor Rates. 12 Terms and Conditions 16 City of Kent Technical Support Program Proposal 08/01/02 Page i SIEMENS Executive Summary The intent of this proposal is to continue our partnership with The City of Kent in providing responsible and cost effective solutions for the on-going technical support of the Siemens Control System and Mechanical Systems The partnership will entail a commitment by both organizations to understand each other's short term and long-term visions and business objectives Such an understanding will facilitate a long-lasting mutually beneficial relationship In this document we will present Siemens Building Technologies' technical support capabilities and our proposal to support The City of Kent Our proposal includes Automation System and Mechanical Equipment service based upon Siemens Building Technologies recommendations for equipment type and design of system The City of Kent will benefit from reduced energy costs, enhanced equipment performance, longevity of Equipment and emergency response services City of Kent Technical Support Program Proposal 08/01/02 Page 1 SIEMENS City of Kent A. Project Scope: The central objective of this technical support program is to maintain the Investment The City of Kent has made in the Building Automation System Siemens ability to properly maintain and optimize your system provides you with reduced energy costs and extends equipment life. Based on this criteria set forth in our discussions, we have developed this service program based upon The City of Kent internal capabilities We will provide The City of Kent with the following as part of our Technical Support Program offering: Building Automation System: 1. Apogee System 600 Update Services Apogee Insight PC® Software Updates (Work Station Annual) Apogee Insight PC® Software Updates (David's Laptop Annual) Field Panel Firmware Updates (As Released) 2. System Performance Services; On-Site Services Operator Coaching Apogee Software Analysis System 600 Field Panel Preventative Maintenance Network Diagnostics Loop Tuning Mechanical System Service: 3. Mechanical Preventative Maintenance Services The following locations below will receive Mechanical Preventative Maintenance visits determined by The City of Kent A detailed Equipment list has been provided for each individual building. City Hall Building Annual Preventative Maintenance all equipment per equipment list Annual Operating Inspection (Chillers & Chilled Water Pumps Only) Police Station Annual Preventative Maintenance all equipment per equipment list Annual Inspection (Central Mechanical Equipment) Annual Operating Inspections (Cooling Tower Only) Commons Building Annual Preventative Maintenance all equipment per equipment list Annual Operating Inspections (All Equipment) Annual Operating Inspection (Chiller Only) City of Kent Technical Support Program Proposal 08/01/02 Page 2 SIEMENS Proiect Scope (Cont) Senior Center Annual Preventative Maintenance all equipment per equipment list Annual Operating Inspection (All Equipment Except Exhaust Fans) Resource Center Annual Preventative Maintenance all equipment per equipment list Annual Operating Inspection (All Equipment) Gowe Street Station Annual Preventative Maintenance all equipment per equipment list Annual Operating Inspection (All Equipment) City Hall Annex Annual Preventative Maintenance all equipment per equipment list Annual Operating Inspection (All Equipment) 4. Emergency Response Services (Mon.- Sun, 24 hours including Holidays) 5. Discount on Labor and Material 6. System Performance Services; Review and Evaluation Account Management Documentation Quality Assurance Visits City of Kent Technical Support Program Proposal 08/01/02 Page 3 SIEMENS Technical Support Program Following is a Detailed Description of Each Service to be Provided: Apogee Insight PC Workstation Software and Firmware Services Apogee Insight® PC Software Updates (Annual). We will develop, furnish, and install Apogee Insight software updates to maintain and/or Improve present performance (e g speed of operation, user friendliness and Increased functionality) within the functional capabilities of your system Software updates deliver the benefits of Siemens Building Technologies' commitment to compatibility by design, a commitment unique in our industry Field Panel Firmware Updates (As Released). We will develop, furnish, and install firmware updates to maintain and Improve present performance within the functional capabilities of your system. System Performance Services On-Site Preventative Maintenance Tasking Operator Coaching:Through our Individual on-site Operator Coaching, we will rekindle learned skills and help assure the beneficial usage of System 600 APOGEE applications Implemented In your facility Monday through Friday 8 00 a m. to 5,00 p m. Our system experts assist your operators In identifying, verifying and resolving problems found in executing the tasks for which they have received training from Siemens Building Technologies, Inc During the coaching sessions, we can address logbook issues, assist your operators in becoming more self sufficient, and tailor System 600 APOGEE applications to your operators' specific job responsibilities Apogee Software Analysis & Optimization:Software Analysis & Optimization ensures that System 600 APOGEE application programming changes made by your staff are clear and consistent We will address any programming errors, failed points, points in alarm, or points in operator priority This will increase system efficiency, assure compliance to specified conditions, and reduce the risk of costly and disruptive system problems We will furnish and Install the necessary on-line service technology to enable us to remotely dial into your System 600 APOGEE, through a dedicated telephone line that will be provided by you. System 600 Field Panel Preventative Maintenance: We can perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the functional limits of your system. City of Kent Technical Support Program Proposal 08/01/02 Page 4 SIEMENS Technical Support Services (Cont) Network Analysis & Optimization: Through Network Analysis & Optimization, we ensure reliable and optimized communication throughout your System 600 APOGEE Budding Level Network data trunks You will have higher data network up time, and when infrequent problems do occur, you will benefit from faster problem resolution Using Siemens Budding Technologies's Network Performance Diagnostic Technologies, our proactive calibration and tuning of the data network analyzes variables impacting network performance These variables include node tables, token passes, turn speed, change of values over the network, unresolved points, and overall operation We will write up a pre/post performance report, and sit down with you and explain the report findings. Control Loop Analysis & Optimization: Control devices, such as valves, dampers, actuators, etc , by their nature drift out of calibration with changes in mechanical efficiency, building use, and climatic conditions. Through Control Loop Analysis & Optimization we ensure the control loops throughout your HVAC Control System experience minimized overshooting and oscillatory behavior You will benefit from lower energy consumption through more efficient equipment usage You will realize a more comfortable and productive environment Emergency Response Services (Mon, - Sun, 24 Hours, Including Holidays) Response Window. We will provide emergency service, between scheduled preventive maintenance calls, Monday through Sunday, 24 hours, Including holidays to minimize downtime Emergencies will be determined by The City of Kent and Siemens Building Technologies, Inc Costs for emergency response are not included in this Technical Support Proposal and will be billed at applicable rates at time of service. On-Line Response Time. We will respond via modem within two (2) hours to requests for corrective maintenance during the emergency call window specified. If remote diagnosis determines a site visit is required to complete troubleshooting procedures, we will be on-site within the response time stated below On-Site Response Time. We will be on-site to provide emergency services within four (4) hours to requests for corrective maintenance during the emergency call window specified Non-emergency calls, as determined by City of Kent and Siemens Building Technologies, Inc , will be incorporated into the next scheduled preventive maintenance visit Note Our first action to a request for emergency response from City of Kent will be to attempt to resolve the situation on-line via modem There will be a one (1) hour minimum charged for each on-line service If on-line diagnosis determines a site visit is required to complete troubleshooting and problem resolution procedures, we will be on-site by the end of the next business day. Use of on-line and/or on-site emergency service will be billed at the applicable time & material rates The labor and material rates for 2002 are listed below. Prices are subject to change City of Kent Technical Support Program Proposal 08/01/02 Page 5 SIEMENS Technical Support Services (Cont) ComponentlEquipment Repair & Replacement (Not Included) The cost for repairs and/ or replacement of faulty or failed components or equipment is not included to the scope of this Technical Support Program. Siemens Building Technologies will present a cost estimate prior to any repair or replacement work. The City of Kent will be billed at the applicable preferred time & material rates for repairs and component replacement Discounted Labor and Material As Technical Support Customer, The City of Kent will receive a discount off the normal labor and material prices Following are the prices for the year 2002. Prices are subject to change. Discounted Labor Rates: Straight Time Regular Overtime Sunday & Holiday (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, & Ind Holidays Sat Automation Specialist $104.00 $ 126.00 $ 162.00 Engineer $ 95.00 $ 125.00 $145.00 Mechanic $89.00 $118.00 $150.00 Truck Charge Per Visit $40.00 $40.00 $40.00 Material Discount. Siemens Building Technologies material orders receives a 50% plus an additional 20% discount off the published list price for all Technical Support Program customers City of Kent Technical Support Program Proposal 08101/02 Page 6 SIEMENS Project Team An Important benefit of our Technical Support Program derives from having Siemens Building Technologies personnel familiar with your building systems Our implementation team provides thorough, reliable service and scheduling for the support of your system The following building professionals will be dedicated to your Technical Support Program- Michael Wilhelm will be your Service Account Engineer. He will ensure the delivery of the scheduled preventative maintenance, on-line service, as well as implementing our Quality Assurance Program Robert Dodd is the Service Account Manager assigned to your facility. He is responsible for aligning your service needs and the service needs of the facility with Siemens Building Technologies Tedd Filips is the Service Sales Manager and is responsible for Sales related operational issues and for ensuring your satisfaction City of Kent Technical Support Program Proposal 08/01/02 Page 7 SIEMENS Account Management At Siemens Building Technologies, we are dedicated to customer satisfaction To achieve this, we have a quality assurance process, which enables you to assess the Technical Support Program designed for your facility Quality Assurance Through implementation of our Quality Assurance Best Practices, we will ensure that our delivered services are of the highest quality. We will meet with you to discuss our performance and your satisfaction with the quality of service that is being provided under your Technical Support Program We will discuss the performance of your technical building systems, your facility and make recommendations for improvements When applicable, we will discuss recommendations for the service program to better meet your changing needs We also augment this program with periodic customer satisfaction telephone surveys of your key staff members City of Kent Technical Support Program Proposal 08/01/02 Page 8 SIEMENS Siemens Building Technologies, Inc., Agreement Page By and Between: City of Kent Siemens Building Technologies, Inc. 220 4i' Ave 13020 NE 20th Street Kent, WA 98032 Bellevue, WA 98005 Services shall be provided at The City of Kent, Kent, WA Siemens shall provide the services as outlined in the attached proposal dated 8/1/02 and the attached terms and conditions Duration: This agreement shall remain in effect for an original term of 3 Years beginning 8/1/02 year to year thereafter Charges: For services outlined herein, The City of Kent agrees to pay Siemens Building Technologies the following annual amounts payable upon presentation of quarterly invoices Charges: Annual Amount Year 1 —August 1, 2002 through July 31, 2003: $31,124 00 Year 2 —August 1, 2003 through July 31, 2004 $32,525 00 Year 3 — August 1, 2004 through July 31, 2005 $33,988 00 Prices quoted in this proposal are firm for 30 days Proposal accepted by: Proposal submitted by: City of Kent Position Title Robert Dodd Siemens Building Technologies, Inc Senior Sales Engineer Signature/Title Date Signature Date PO Number (If Applicable) City of Kent Technical Support Program Proposal 08/01/02 Page 9 SIEMENS Siemens Building Technologies Technical Support Program List of Maintained Equipment Kent City Hall Automation: Qty Equipment Manufacturer SeriallModel No. R&R Coverage See Code Key 1 Modular Building Controller(MBC) Siemens Building Technologies NIA D 1 Firmware Updates Siemens Budding Technologies NIA D 1 Insight Software Updates Siemens Budding Technologies N/A D 74 1 Terminal Equipment Controllers Siemens Building Technologies I N/A D Automation: Control End Devises: Qty Equipment Manufacturer Serial/Model No. R&R Coverage See Code Key AHU 1 Valve Honeywell NIA D Dam erActuators NIA N/A D Variable Speed Drives VFD ABB N/A D AHU 2 Valve Honeywell N/A D am per Actuators N/A N/A D Variable Speed Drives VFD ABB NIA D AHU 3 Valve Honeywell NIA D Damper Actuators N/A NIA D Variable Speed Drives VFD ABB N/A D Mechanical Equipment: City Equipment Manufacturer Serial/Model No R&R Coverage See Code Key AHU 1 Supply Fan 1 20HP Motor Trans Size 63 D Return Fan 1 10HP Motor Barry Blower N/A D AHU 2 Supply Fan 2 10HP Motor Trane Size 25 D Return Fan 2 (3HP) Motor Barry Blower N/A D AHU 3 Supply Fan 3 (5HP) Motor Trane Size 10 D Return Fan 3 (2HP) Motor Barry Blower N/A D 2 Chiller Trane LOF614022 D 1 Chilled Water Pump &Motor Bell &Gosset U346 1128F D 4 Exhaust Fans Roo Trane N/A D 1 Exhaust Fan 4th Floor Mech RM N/A N/A D City of Kent Technical Support Program Proposal 08/01/02 Page 10 SIEMENS Equipment List (Cont) Police Station Mechanical Equipment: Qty Equipment Manufacturer Serial/Model No. R&R Coverage See Code Key 28 Heat um s Trane N/A D 1 Cooling Tower Baltimore Air Coil M/N F1733K D S/N 9220WO 1 Boiler Natural Gas RAYPAC H1-0333B CAARBAA D 1 Make-up Air Unit W/Gas Heat Reznor N/A D 5 Exhaust Fans Loren Cook M/N 100C2B 1 6hp D MIN 100C2B 1 6hp M/N 100C2B 1 6hp M/N 135C3B 1 4hp PennNent M/N DX 7B Commons Buildina Mechanical Equipment: Qty Equipment Manufacturer Serial/Model No R&R Coverage See Code Key 2 Chilled Water Pumps Bell & Gossett 1 9 58 1 3 8/2BC8 OOOBF D 1 Outside Air Fan SAF-1 Nelco A789092/3D6920-1 D 1 Air Cooled Chiller Trane RTAA0804XFOIAIDOABG D 1 Supply Fan AHU-5 & SAF-5 Trane U79D10114/T6 D 1 Outside Air Supply Fan SAF-1 A Trane U78A03992131 D 1 Air To Air Heat Exchanger AHU4 Allied 5814/A36X72AKSV D 1 Relief Air Fan Main RAF-1A Trane U77M04093 D 1 Split AIC Indoor &Outdoor Unit Trane TWV718A140A0 1 4 hp D TTD71813100A01 5-Ton 4 Gas Packs Trane 7 5-Ton D City of Kent Technical Support Program Proposal 08/01/02 Page 11 SIEMENS Equipment List (Cont) Senior Center Mechanical Equipment: City Equipment Manufacturer Serial/Model No. R&R Coverage See Code Key 11 Heatpump Units W/Economizers Trane 10-BWC120C30AA IOTon D and EDH 9-BWC090C3AO6A 7 5Ton 8-SWC048D300JA 4 OTon 5-BWC030C100CA 2 5Ton 4-BWC03OC100CA 2 5Ton 3-BWC060D300KA 5 OTon 1-BWC030C100CA 2 5Ton 2-BWC042D300H0 3 5Ton 11-BWC036C300A 3.OTon 7-BWC090F3AOGA 7 5Ton 6-BWC030C100CA 2 5Ton 1 Air Handler w/EDH Gaylord Fan GIRT 42218MK-9000-100EC D 8 Exhaust Fans Greenheck CUE10CXOC 1/8hp D CUBE104XD3A %hp G-85-DGFX-00 1/20h p G-14-4X-00 1/4 hp G-75-DCEX-00 1/25hp GW85-DGEXOD 1120hp G-75-DGEXOD 1/25hp G-85-DGEXOD 1/20h 1 Reciprocating Condenser in Walk- Copelametic AK1-0100-TAC 8-Tan D in Cooler Resource Center Mechanical Equipment Qty Equipment Manufacturer Serial/Model No. R&R Coverage See Code Key 2 Air Handlers w/A/C and Gas Heat Snyder General GUF17AO20AIN D GUF17AO2OAIN 2 Condensers Coleman NIA D 1 Exhaust Fan N/A N/A D 1 Heat Pump Spilt w/ Electric Heat Carrier N/A D Gowe Street Mechanical Equipment Qty Equipment Manufacturer Serial/Model No. R&R Coverage See Code Key 3 Gas Fired A/C Units York N/A 12 1 Spilt A/C Units Mitsubishi N/A D City of Kent Technical Support Program Proposal 08/01/02 Page 12 Equipment List (Cont) City Hall Annex Mechanical Equipment Qty Equipment Manufacturer SeriallModel No. R&R Coverage See Code Key 2 Gas Packs Carrier N/A D 1 Exhaust Fan Trane CRD-12 D Fire Stations 71-77 Automation Equipment Qty Equipment Manufacturer Serial/Model R&R No. Cover age See Code Key 1 Station#71 FLNC, AEM, TEC Siemens Building Technologies, Inc NIA D 1 I Station#72 FLNC, AEM,TEC Siemens Building Technologies, Inc NIA D 1 Station#73 FLNC, AEM, TEC Siemens Building Technologies, Inc NIA D 1 Station#74 FLNC, AEM,TEC Siemens Building Tech nolo ies, Inc N/A D 1 Station#75 FLNC,AEM, TEC Siemens Building Technologies, Inc N/A D 1 Station #76 FLNC,AEM, TEC Siemens Building Technologies, Inc N/A D 1 Station #77 FLNC, AEM, TEC Siemens Building Technologies, Inc N/A D Correctional Facilities Automation Equipment Qty Equipment Manufacturer Serial/Model R&R No. Cover age See Code Ke 1 MEC Siemens Building Technologies, Inc N/A D 1 AEM Siemens Building Technolo ies, Inc NIA D 6 TEC Siemens Building Technolo ies, Inc N/A D Correctional Annex Facilities Automation Equipment City Equipment Manufacturer Serial/Model No. R&R Coverage See Code Key 1 TEC I Siemens Building Technologies, Inc j NIA D Repair& Replacement Coverage Code Key A = Labor& Materials Included B = Labor Included & Materials Not Included C = Labor Not Included & Materials Included D = Labor Not Included & Materials Not Included SIEMENS SIEMENS BUILDING TECHNOLOGIES, INC. Landis Division TERMS AND CONDITIONS (W/O FLS) The following terms and conditions are attached to and form an integral part of Siemens Building Technologies, Inc's(referred to herein as"SBTI")Technical Support Program Proposal("Proposal") The portions of such Proposal relating to"Scope of Work"or any "Proposed Solution"(in either case,referred to herein as the"Proposed Solution"),together with these terms and conditions,are collectively referred to as the"TSP Agreement" Article 1; General 1 1 a) The TSP Agreement, when accepted in writing by the Customer and approved by an authorized representative of SBTI shall constitute the entire, complete and exclusive agreement between the parties relating to a technical support program("Services")for the equipment and software identified in the List of Equipment or the Service Coverage Report attached to the TSP Agreement("Equipment") and shall supersede and cancel all prior agreements and understandings, written or oral, relating to the subject matter of the TSP Agreement The TSP Agreement and any rights or obligations thereunder may not be assigned by either party without the advance written consent of the other (b) The terms and conditions of this TSP Agreement shall not be modified or rescinded except in writing, signed by a corporate officer of SBTI SBTI's performance under this TSP Agreement is expressly conditioned on Customer's assenting to all of the terms of this TSP Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to be submitted to SBTI by Customer relating to this subject matter c) The terms and conditions set forth herein shall supersede,govern and control any conflicting terms of the Proposed Solution or the Proposal 12 This TSP Agreement shall automatically renew for successive one (1)year periods beginning on the anniversary date of the original tern as set forth in the Proposal,unless stated otherwise in the TSP Agreement 1 3 Either party may terminate or amend this TSP Agreement at the end of the initial term or at the end of a renewal term by giving the other party at least sixty(60)days prior written notice of such amendments or intent not to renew 14 If,during or within 90 days after the term of this TSP Agreement, Customer engages any SBTI employee who has performed Services under this TSP Agreement, Customer shall pay SBTI an amount equal to the employee's latest annual salary 15 This TSP Agreement shall be governed by and enforced in accordance with the laws of the State of Illinois,or it the Services are provided in Canada,the Province of Ontario All claims or disputes arising under this TSP Agreement shall be litigated in the State, Commonwealth,or Province in which Services are being provided to Customer hereunder 16 The Services are outlined in the attached Proposal's Proposed Solution provisions, incorporated by reference herein,and shall be performed on the Equipment during SBTI's normal working hours, Monday through Friday inclusive, excluding holidays, unless otherwise set forth herein 17 Customer will at all times designate a contact person with authority to make decisions for Customer regarding the Services Customer will provide SBTI with information sufficient to contact such person in an emergency If such representative cannot be reached, any request for Service received from a person located at Customers premises will be deemed authorized by Customer, and SBTI wil, in its discretion,act accordingly 18 SBTI will be permitted to control and/or operate all Equipment necessary to perform the Services 19 SBTI will not be required to conduct safety or other tests, install new devices or equipment or make modifications to any Equipment beyond the Proposed Solution set forth in this TSP Agreement Any Customer request to change the Proposed Solution or the nature of the Services must be in the form of a mutually agreed change order,effective only when executed by all parties hereto 1 10 If the Equipment is altered or moved by any person, including Customer, other than SBTI or a person authorized by it, Customer shall Immediately notify SBTI in writing, and SBTI reserves the right to perform a reacceptance test on, or if necessary a recommissioning of,the system at Customers expense 1 11 After any of the following events, SBTI will have no liability or obligation under this TSP Agreement, whether relating to the testing, inspection, maintenance or operation of any Equipment, and may terminate or suspend services under this TSP Agreement immediately upon giving notice to Customer Customer fails to (a)authorize a reacceptance test or recommissioning that SBTI deems necessary, (b) notify SBTI of any modifications or changes to the Equipment per Section 1 10, (c) notify SBTI of any conditions, malfunctions or changes per Section 6 2,or(d)provide the access required by Section 6 3 Article 2. Equipment Testing,Inspection and Maintenance 21 The Customer represents that all Equipment is in satisfactory working condition By the latter of the first thirty(30)days of this TSP Agreement or the first scheduled Inspection,SBTI will have Inspected all the Equipment 22 If SBTI determines as a result of such inspection that any Equipment is in need of repair or replacement,the Customer will be so notified and shall take corrective action within thirty (30) days, or such Equipment shall be automatically removed from coverage hereunder SBTI will not be liable or responsible for the continued testing, maintenance, repair, replacement or operating capabilities of any portion of the Equipment until it has been restored to an acceptable initial condition at Customers sole expense Any services provided by SBTI in the course of such restoration will be separately charged,on a time and materials basis,and not included in fees paid hereunder If individual items of Equipment cannot, in SBTI's sole determination, be properly repaired or replaced due to age, obsolescence, lack of availability of refrigerant gas, halon gas, necessary parts, materials, compatibility or otherwise, or as a result of excessive wear or deterioration, SBTI may, within ten (10)days of such inspection, give written notice that it is withdrawing such items from coverage under this TSP Agreement and adjust the amounts to be paid hereunder accordingly SIEMENS 23 If the Proposed Solution provides for maintenance, any repairs and replacements of Equipment are limited to restoring the proper working condition of such Equipment SBTI will not be obligated to provide replacement Equipment that represents significant cap tal improvement c compared remaintthe propelrty andresponsibility e is become the property of SBTI,except Hazardous Materials,which v.qll er nces ustomer Article 3• Charges,Fees and Invoices 31 Payments to be made under this TSP Agreement will provide for,and be in consideration of,only Services specifically included under the Proposed Solution All other Services, including but not limited to the following,shall be separately billed or surcharged on a time and materials basis b)Services performed otherrvices h ned at Customer's dur during SBTI's normal working huest,if ours,ation does d(c Service perf not ormed on equipment pme t covered by this TSP Agreement,(b) not covered by this TSP Agreement 32 Invoices are due upon receipt or otherwise as may be set forth therein If any payment is not received when due,SBTI may deem Customer to be in breach hereof and may enforce any remedies available to it hereunder or at law, including without limitation suspension or termination of Services and acceleration of payments Any amount not paid within sixty(60)days of the date due shall accrue interest from the date due,until paid,at the rate of ten percent(10%)per annum In the event of a dispute by Customer regarding any portion or all of an invoiced amount,the undisputed portion shall be paid when due,and interest on the disputed,unpaid portion call accrue as aforesaid,from the date due until the date of payment,to the extent that such amounts are finally determined to be payable to SBTI 3 3 Customer is responsible for paying any present or future sales,use,occupancy,excise or other federal,provincial,or local tax ue or owing as a result of this TSP Agreement Article 4 Allocation of Risk 41 tone year frog e bF or the h si h�ve9 aqem manufacturred by SBTI bearing its namepateWll free fomdefects i materal and workma �i �mnomalus and service (b) Labor for all Services under this TSP Agreement is warranted for 90 days after the work is performed (c) Equipment will not fail to function because of errors in processing, providing or receiving date or time data involving dates between January 1, 1999 and March 31, 2001, provided other products and software, including the computer workstation, with which the system interacts properly exchange date and time data with the system o,any Equipment repaired,altered or 42 (a) The limited warranties set forth in Section 4 1 will be void as to,and shall not apply O P improperly installed by any person other than SBTI or its authorized representative, (11) subjected to unreasonable or improper use or storage, used beyond rated conditions, operated other than per SBTI's or the manufacturer's instructions, or otherwise subjected to improper maintenance,negligence or accident,(ui)damaged because of any use of the Equipment after Customer has, or should have, knowledge of any defect in the Equipment,or Irv)not manufactured,fabricated and assembled by SBTI or not bearing SBTI's nameplate However, SBTI assigns to Customer,without recourse,any and all assignable warranties available from any manufacturer, supplier, or subcontractor of such Equipment (b) Any claim under the limited warranty granted above must be made inwriting toSBTI within thirty(30)days after discovery of the claimed defect,or with respect only to the warranty set forth in Subsection 4 1(c)prior to April 1,2001,unless discovered directly by SBTI Such limited warranty only extends to Customer and not to any subsequent owner of the Equipment Customer's sole and exclusive remedy for any Equipment or Services not conforming with this limited warranty is limited to,at SBTI's option,(I)repair or replacement of defective paid, the cissuanncents of of credit ored Erefund for hement,or(iorig�rfpura aseance of the price of such ive defectiveortion f the component or potionofthe Eq extentuipmentsor Services (c) SBTI shall not be required to repair or replace more than the oomponent(s)of the Equipment actually found to be defective SBTI's warranty liability shall not exceed the purchase price of such item Repaired or replaced Equipment will be warranted hereunder only for the remaining portion of the original warranty period 43 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, STATUTORY,EXPRESS,OR IMPLIED,INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLYSBTJ MAKES NO NTY, EXPRESS OR MPL ED,,TTHAT ANY EQUIPMENT PROVIDED HEREUNDER WILL PREVENT IANYD INLOSS,OR WILL ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED THE LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS TSP AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING SIGNED BY A DULY AUTHORIZED CORPORATE OFFICER OF SBTI 44 SBTI will Indemnify Customer from and against losses, claims, expenses and damages(including reasonable attorney's fees) for personal injury or physical damage to property,but not loss of use of the property resulting from such damage or from damage to any work performed hereunder Such indemnification shall be solely to the extent caused by or arising directly from SBTI's or its employees', consultants'or agents'negligent acts or omissions or willful misconduct in connection with its performance of Services hereunder.SBTI's obligations under this indemnity provision shall not extend to claims, losses, expenses and damages ansing out of or in any way attributable to the negligence of Customer or its agents, consultants or employees other than SBTI SBTI's lability to Customer or any third party under this Section 4 5 or otherwise under the TSP Agreement is expressly limited to,and SBTI shall not be liable other than for in ment for mcdental,,econsequential, punitive, exemplary and es rornspecal aforesaid damagesBmduding without t limitation lost profits under and/orsostt business opportunities,whether arising in warranty, late or non-delivery of any Equipment or Services,tort,contract or strict lability,and regardless of whether any claim for whi has been ch SBTI has an obligation gation to of the mdiemn indemnify hereunder,The parties of such damages SBTI acknowl the edge that the pht to ace for which SBTl the defense Ihas settlement agreed to s under this TSP hat its Services and has expressly relied and would not have Agreement thise TSP Agreemebased t but forprsacheimita�O'ns of limitations of liability, and SIEMENS Article 5: Environmental 51 Except as disclosed pursuant to Section 5 3, Customer represents that there is no asbestos or any other hazardous or toxic materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the regulations promulgated thereunder, and other applicable federal, state or local law ("Hazardous Materials"), present at Customer's locations where Services are performed SBTI will notify Customer immediately if it discovers or suspects the presence of any Hazardous Material All Services have been priced and agreed to by SBTI in reliance on Customers representations as set forth in this Section 5 1 The presence of Hazardous Materials constitutes a change in the Proposed Solution equivalent to a change order whose terms must be agreed to by SBTI before its obligations hereunder will continue 52 Customer shall be solely responsible for testing, abating, encapsulating, removing, remedying or neutralizing such Hazardous Materials,and for the costs thereof Even if an appropriate change order has been entered into pursuant to Section 5 1 above, SBTI will continue to have the right to stop providing Services until the lob site is free from Hazardous Matenals In such event,SBTI will receive an equitable extension of time to complete its Services,and compensation for delays caused by Hazardous Materials remediatwn 53 Customer warrants that, prior to the execution of the TSP Agreement, it has notified SBTI in writing of any and all Hazardous Materials present, potentially present or likely to become present at Customer's locations and has provided a copy of any jobsite safety policies, including but not limited to lock-out and tag procedures, laboratory procedures, chemical hygiene plan, material safety data sheets,and other items covered or required to be disclosed or maintained by federal,state,or local laws,regulations or ordinances 54 Customer hereby indemnifies and holds harmless SBTI from and against any damages, losses, costs, liabilities or expenses arising from Customer's breach of,or failure to perform its obligations under,Sections 5 1,5 2 or 5 3 above Article 6 Customer Responsibilities 61 Customer will operate and maintain all Equipment in accordance with applicable manufacturer's specifications, including those set forth in the manufacturer's operating manuals or instructions, as well as all requirements of applicable law or of authorities having jurisdiction Such Equipment shall be operated only in the specified operating environment, which shall be supplied by Customer, including without limitation (a) suitable electrical service, including clean, stable, properly conditioned power, to all Equipment, (b) telephone lines, capacity and connectivity as required by such Equipment, and (c) heat, light, air conddioning or other environmental controls, and other utilities in accordance with the specifications for the Equipment Failure to so operate the Equipment will terminate immediately any maintenance obligations SBTI may have hereunder 62 Customer will promptly notify SBTI of any unusual operating conditions, system malfunctions or building changes that may affect the Equipment or any Services 63 Customer will provide SBTI with reasonable means of access to the Equipment and shall make any necessary provisions to reach the Equipment and peripheral devices Customer will be solely responsible for any removal, replacement or refinishing of the building structure or finishes that may be required to gain access to such Equipment 64 Customer shall properly dispose of all ballasts, mercury bulb thermostats, used oil, contaminated filters, contaminated absorbents, refrigerant and any other Hazardous Materials that at any time are present at Customers premises, in accordance with all applicable federal,state,and local laws, regulations,and ordinances At no time and under no circumstances will SBTI be responsible for any such removal or disposal and Customer hereby indemnifies and holds SBTI harmless from and against any liability or claim arising therefrom 65 Customer will, if applicable, provide and pay for a dedicated voice grade dial-up phone line and install a terminal block in a mutually agreed upon location All on-line service Equipment (not including the phone line) will remain the property of SBTI unless otherwise stated herein Article 7: Limitations of Maintenance or Service Obligations 7 1 SBTI will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of (a) non- maintainable, non-replaceable, or obsolete parts of the Equipment, including but not limited to ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and pneumatic piping, structural supports, cooling tower fill, slats and basins, etc unless otherwise specifically stated herein, or (b) negligence, abuse, misuse, improper or inadequate repairs or modifications, improper operation, lack of operator maintenance or skill, failure to comply with manufacturers operating and environmental requirements,Acts of God,or other reasons beyond its control SBTI assumes no responsibility for any seance performed on any Equipment other than by SBTI or its agents 72 SBTI shall not be responsible for loss, delay, injury or damage that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by Customer or its employees or agents, Acts of Gad, war, civil commotion, acts of government, fire, theft, corrosion, Flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, nots, explosions,quarantine restrictions,delays in transportation,or shortage of vehicles,fuel,labor or materials 73 SBTI is not responsible for repairs,replacements or services to Equipment due to corrosion,erosion,improper or inadequate water treatment by others,electrolytic action,chemical action or other reasons beyond its reasonable control Sep-06-02 02 02pm From- T-936 P D11/011 F-33T PATE(MMDPrM ADFORD. CERTIFICATE OF INSURANCE 09/0"Z PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO MARSH USA INC. RIGHTS UPON THE CERTIFICATE NOLCM THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO-N, 43 WHIPPANY ROAD PO BOX 1966 COMPANIES AFFORDING COVERAGE MORRISTOWN,NJ 07962-1966 COMPANY A INSURANCE CORPORATION OF HANNOVER INSURED OMPANY SIEMENS BUILDING TECHNOLOGIES,INC B TRAVELERS INDEMNITY CO.OF ILLINOIS 1000 DEERFIEL➢PARKWAY COMPANY BUFFALO GROVE,IL 60069.4S13 C DIVISION(ChWK One) 1-mbon a COMPANY ❑BUllOing Auremagon ❑fire SATcry ❑CDrDDTAre p COVERAGES THIS IS TO CERTtrT THAT THE POLICIES OF INSURANCE USTCO 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 AFrORDEU BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPEOF INSURANCE POLICY NUMBER POLICY EFFCCTIVE POLICY EXPIRATION LBCLT LTR DATE IMMIDONYI DATE tMWOOrTY1 A GENERAL LIABILITY ICH GL 132.01 11/01/01 10/01/02 GENERAL AGGREGATE S 7500 ODD X COMMEPCWL GENERAL LIABIUTv PRODUCTS-COMPIOP AGO, $ INCL GLNMS MADEF--loc ! PERSONAL B AOV INJURY S 1,D00,000 OWNER F L CONTRACTORS PAOT EACH OCCURRENCE S 1,000000 FIRE DAMAGE.(ARY on.6M) 3 1.000.000 MED,EXPENSE I"om XwiwIn) 3 100.000 B AUTOMOBILE LIABILnY TC2J-CAP-22STZ2B-3-TIL-01 (A 10/01/D1 10/01/02 lXX ANY AUTO TC2E-CAP-22ST229.5-TCT-01 10/01/01 10/O1/02 COMBINED SINGLE LIMIT 3 1000,000 X AIL OWNED AUTOS TJ-EAP-22FMD-2-TIL-01 (MA- 10/01/01 10/01/02 BODILY INJURY SCHEOVUED AUTOS (Per DWeOn) WA % NREDAUTOS BODILY INJURY NON-OWNED PV70.S (Perocacrn) WA PROPERTY DAMAGE WA GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY, EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE S UMBRELU FOAM AGGREGATE S OTHER TNAN UMBRELLA FORM 8 WORKERS COMPENSATION TRJ-US-229T226-A-01 10/01/01 10/01/02 X STATUTORY LIMITS AND EMPLOYERS LIABILITY (AZ,HI,OR,MT,NV,WI) EACH ACCIDENT S 1,000000 THE PRDPpLETOR' T=-UB-229T22bB-01 (AOS) 1Gf01101 10101/02 DISEP.SE-POLICY LIMIT 3 1,000,000 PARTNERSIEXECO Ei % WCl DISEA36EACH EMPLOYEE $ 1,000000 WPCERSARE I JEACL OTHER L. DESCRIPTION OF OPERATIONS(LOCATIONSNEMtCLE5l9PECIAL REMS LIMITS MAY HAVE SEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIO RE-CITY OF KENT SIEMENS 300 63D-MC-1431 CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIAMUll Y(0.UTOMOBILE POLICIES.811T ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF Of THE NAMED INSURED,SIEMENS BUILDING TECHNOLOGIES,INC.FOR CERTIFICATE HOLDER UNDER CONTRACT CERTIFICATEHOLDER NYCA01228686-D0 CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 220 Fourth Ave S DATE THEREOF THE INSURANCE COMPANY WLU.ENDEAVOR TO MAIL 3D DAYS WRITTEN Kent, WA 98032.5895 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR WBILTTY OF ANY KIND UPON THE COMPANY,ITS ATTENTION CHARLEY LINDSEY AGENTS OR REPRESENTATIVES MARSH USA INC � k � . � — R.cH O Connor T`���E► ACORD 25S 13MSI 0 ACORD CORPORATION IBBI Sep-06-02 02.33pm From- T-93T P 002/002 F-342 MAR-21-2002 THU 02:32 PH HARSH CSU FAX NO. P. 07 POLICY NUMBER: 1CH GL 932-01 COMMERCIAL GENERAL LIABILITY Siemens Corp.,at al THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL !NSURED — OWNERS, LESSEES OR CONTRACTORS -- (FORM B) This endorsement modifies insurance provided under the tollowing: COMMERCIAL GENERAL LiASILITY COVERAGE PAK I. SCHEDULE Name of Person or Orlganizardonn . Any person or organization where required oy written concract It is agreed that this Insunanca maintained pursuant to the written contract agreemems shall be primary to, ano nut conmoute with airy nmurance or self-ihauranee maintaincd by the above, but only with respect to work performed by or on behalf of the Named Insurert (If no entry appears above, information required to complete this endorsement will be shown In the Declara0ons as applicable ro this endorsement.) WHO IS AN INSURED (3co)ion II) is amended to include as an insunad the person or organization shown in the SrhpAtile, but only with respect to liabllity arising out of'your work"for that insured by or for you. CG 2010 1185 Copyright, Insurance Services Office, Inc , 1964 Page t of 1 ❑ Sep-06-02 01.59pm From- T-936 P 002/011 F-337 SIEMENS Sismens/Willis Corroon Bid/PerformancelPayment Bond Request Form Date, 08/08102 From, Corrinne Miles Address: 13020 N.E. 20 Street Location name: Landis Division, Bellevue, WA 98005 Location number: Seattle Branch 4630 Telephone: 425-455-3700 Operating company: Siemens Building Technologies, Inc, (Landis Branch Network) Operating company address: 13020 N.E. 20°i Street Bellevue,WA 98005 Customer name (Obligee): CITY OF KENT Customer address: 220 4TH AVE SOUTH KENT,WA 98032 Description of project: MECHANICAL SERVICE AGREEMENT Equipment to be Installed: TBD Bid date: Date of contract, 08/01/02 Term of contract: i YEAR Estimated contract completion date: 07/31103 Type of bond required: ❑ Bid Contract# ® Performance: ®Payment: Location &job#: 630-MC-1431 CITY OF ❑ Other. KENT Bond amount $33,862 91 Indicate % for bid bonds: Actual contract amount: $31,124.00 Estimated contract amount forbids Liquidated damages: Payment provision: Length of maintenance period: Special bond form required. ❑Yes ❑ No (If Yes, enclose with the Bond Request.) Date bond needed by: ASAP Method of delivery: ® UPS Next Day ❑ Regular Mall ❑ Other: Slsrna+e Building Technologies,Inc LIPS number is 610J53 Sendifax all requests to: Pamela K. Rife/Amy Baxter Wlllls Corroon Corporation of New York 7 Hanover Square, 11 m Floor Now York, NY 10004 Phone: (212)837-0760/0759 Fax: (212)BOB-7596 E-mall, dfeykewllcor.com auD 25 2W2 IZ'45 NYC PAGE.21 Sep-06-02 02 02pm From- T-936 P 0 10/0 11 F-337 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,20M (m thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments ........... S 286,864 OuLWanding Lasses and Loss 6penses._. 3 6,047,940 United Stales GovemmeM State and Unearned Premiums..... ..._ 2,176,526 Municipal Bonds........... ................»... 6,637,81E Reinsurance PremrYrrre Payable.----------_... 31602 Other Bonds. _.. .... . .__ ._....__.. .. 2A65,714 Provision for Reinsurance w_._._._.».,»» 120,S33 stocks....................................»......._ 1S4,D77 Other lJebrTrties__............... 432,719 other invested Assets...._....._........_.._» 310.479 TOTAL INVESTMENTS ........._.....»... 9,454,952 TOTALLIABILITIES..........» » ..,__._... 9.893.970 Investments in Affiliates: Pacific Indemnity company.._.............w» 567.481 CapW Stack.__.— ........_ ._._..».. 20.980 Chubb Investment Hoklings,Inc. ............ 408JW Pald-In Surplus»._.........._..._...». ._.. 1,174.928 ExwAdWe Risk lndernity Inc,._....._..._. 321,69D Unassigned Funds._._._.»_»__.._........... 1330,412 Chubb Insurance Company d Europe.__ SS4.545 Great Northern Insurance Comparry_....» 143,5a1 CC Canada Holdings Ltd._____......_ al AN SURPLUS TO POLICYHOLDERS-. -._.... 3,526,320 vigilant Insurance Company................ 66,547 Ot1erAf dratas...-....M......»_.._............... 315.612 Premium Fleoervebla........__.._._.... ........ 1,051,587 864,324 TOTAL UABILMES AND SURPLUS TOTALADMITTED ASSETS...__............. S 13.420,290 TO POLICYHOLDERS S 13,420,290 Inves6nanls are valued in accordance with requirements of 1he National AssaddAn of Insurance Commissioners* Investments valued at S38.724 are deposited with government authorities as requited by law. ACORRECT STATEMENT. _ y4,.Faa !!sloe R- Vail. rmn DacmnlM:.ea Sep-06-02 02.Olpm From- T-936 P 009/011 F-337 C Chubb POWER Federal lnsllmnceComparly Ann.:SufaryDepartment OF Vigilant Ulaurance Company 15 Mountain View Road Surety ATTORNEY Pae ie indemnity Company Warren, NJ 07059 Know Aff by Than,Ptaaae4 TM FE<;5W INSURANCE COMPANY,an Itndara—.91 n.VIGILANT INSURANCE COMPANY, ■ New YOM mrponeon,and PO4M DAOEMfRY COM►ANY.a Vnecarrin mfPrdlan,do"On nanny wfOMM and ePptdnd Marian A. Vail, Joan E. Finney. Diane R. Cardini and Jeannette Dominguaz of Farmington, Connecticut-- aaeh as than M and Iavnll AharlaHjl Faal to woman woof wish desterabon in IIKY rwws and le dfit Melr srrpanla aaalo Is anal dobw for and a1 tut balall an sully 9wnar a mrrMan,bade and unasroldrW Vd elar w Mnpa aMt1011ry In Ian ttaheo MIMI lnnr than toll bonds)eNan or amAd In Ia mww at blabs. odd any Itaftmwnb rne.4t; Or ofteft tfa oma, and mnsanla la Ian nrodlf wen w obrdw of any bsdny,ant f %Rw to In odd Lando w adlUtblL In Wanes Wharowl and FOAL INSURANCE COMPANY.VI64.AAhff INSURANCE COMPANY.and PACIFIC NOEMMfY COMPANY hm wrh maWdand sa ' them prounbond aElad bWrwwroloanof.sn Mls 23rd day Of August. 2000 i ftrath AnIshood Socrolovy,'�� Fran E RrborLan, dent STAR OF NEW MONEY l Caway a awnrd J On" 23rd one' Aux{tec 2000 baa••mR a Ndry Posts d Maw.bwo.onMM UMa VARROM C.Wrdsl, b ma bon 10 M AmhbO Maw„Of PCbg"INOURM1CC=01FNIY,MaaAW PeuRAM 9 COMPANY.and►ACPIO NMWaTv Oda'W W tlr mla , srda a000lAsd ow I I Plover of mwor, and Ian ON x0vism C.wradd owing by no dun ahem.dY dapwa wd am ga ra Is amwam tare"of POCRAL MLI AMM 0MORANY,VOLAM I141laaAlce C MWANY.and P11MM NDOOM CO rANY and as IN a•rprda omft owd. lgal d1a toot allbrd a tl.o Mapeba PnPaI dAaanq ar•awry aapaae aaan awd Mrs ftwM agazd bd aWa,M arm*La Draw oomleilow.arM sat ha tart wadi Pbrwr dlAr,wr a•AaaWd a•ralry d sr10 Ornerir 4 bL•rrlier�r and ent ti b aaa.rbJ�rdM Fanb E Rabrblarr,aM llofa hhn to m Vim Pfeatdwd of add CaffoodW and"One wYra hm of Pram E.Robreen.%"~In Mod P a d Anamm is b,on pambr IwMraba of Fmh e Rob IM0%ale ra gran a,raaaw Meagerly orsow IY++"ad In vests poomma. Now sad 4}aMFJ1 i� t Pubm.gR MANCO �f) � O_ " Aa, �pTAAY � MearyPulNic.�M5b'Jusg 1 Q l.d )'(/� a' a o�C commddran Eealns goal 7a Ipp' ma"Pum CERTIFICATION Ealnd ham th BydaM.d SURANCE COMPANY.VIGILANT INSURANCE COMPANY,ad PACIFIC INDEMNITY COMPANY. 'AD POW of dew}ap kr and an baftel of eta Ctatlrwy any aM dal be was adsd In Vw nrm annd an boW of I A Company,sNW by fa Chm~Yea PlwW i w a Vlba 1herNai s q ArrYdrd Vb Pfaal6PRvlJdatb�a*d wM Ilan Surd"Of w AdWni Savway,udw Mat d�cholo,andusWr.Prouldw.. The�a Pfukw try Awww"1Nof such M woq low,PPnomwrd,any sommv.any Sammy am Be sow or N CanP"gay M ■need yr fteaktfa m ay Panay of In, ay w to any ar101e� r & - a owd, •ppoi0 AoaAbri SeaobnlY w AQaMyNrFed far Purposes any of a.a+a -and a " .bwda and Wdmbddmp aM ww aallnpe abogo"In nh no"ihaed,aal wry"jch Powr of No -N w as Wtaa bwkV ash faafii atoogura w IaraYnb•wt shot an wood and alydn0 wpm on Compaq and ay With pmw me summand,ad raVW by Mach faodmbs aVoiboo aM Nes"Re and and be veld and btrdltnp upon Mo COMM with romwt m any man Of 1aawwft on wddm a Is o ftdo t.' 1,Kw~C.Ww,dd,A=M"00244ry of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,tan PACIFIC INDEMNITY COMPANY faa'Cennpadn")do!o ytadlyea m on kresalaa abed don ByLawa a Ia Grepalln Y bw1 and mnod, ID ti CanArM on dldy bomd and alrwbwd to araoe only b k1 In d an of I e Unhd Was of Marion and the Obtks d Cdutar wor an olwawd Wile U.a Ta ikoy nwarort set w.FMW and Vaal are M rob h Ram alas w d la U.a.Wan b wdk gal Fdwd In lowwad In Anlrkwn aanR Grant%and no afar Amiiassaf Canada eoW Phca Edged Weft and M No 01 wall Pew of AIMay b a1w awrd and M fun bm ad~ OW under i y Mtl ant mm d o W Conywnown d Wwm%►U Oda 9 day M August, 2002 �bnats► V �� e� �Cl�r:bt�l� wrerb e.Nr.dal,A..rITe�aaeay IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE-CONTACT US AT ADDRESS LISTED ABOVE. OR BY TMwptw w(e00) 1110344e3 Fax (00e)9p3-0e30 &-mall: surelyachubb com Sep-06-02 01.59pm From- T-936 P 003/011 F-337 w11�1S Bond No. 91803423 Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR(Name and Address) SURETY (Name and Principal Place of Business) Siemens Building Technologies, Inc. Federal Insurance Company 13020 NE 20th street 15 Mountain view Road Bellevue, WA 96005 Warren, = 07059 OWNER (Name and Address): City of Kent 220 4th Ave South Kent, WA 98032 CONSTRUCTION CONTRACT Date August 1, 2002 Amount. $33,862.91 Description (Name and Location). Mechanical service Agreement BOND Date (Not earlier than Construction Contract Date): August 9, 2002 Amount $31,124.00 Modifications to this Bond: ® None See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company orporate Seal) Company: (Corporate Seal) Siemens Hui Technol Inc. Federal Insurance Company Signatur Signature: /6L4/44-in,--f, l/s..Y _ Name an it] GO WIL SO Name and Title: h Marion R. Vail / Attoraeyr-in-Pact (Any it a iTaS Ism ppEra �e 3) AGENT or BROKER NLY-Name,Addiasr and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): 7 Hanover square New York, NY 10004 Printed In coogeragon wlm Tne Amedcan met"of AncNtect:(ALAI oy was w3h3vouenes m8t me language In the document conforms eectly to the language uses In AIA Document A312, December,19114 Edition, Tnlyd Punting Mann 1987 1 WC1e52A Sep-06-02 01 59pm From- T-936 P 004/011 F-33T 1 The Contractor and the Surety, jointly and severally, .f After investigation, determine the amount for bind themselves,their heirs,executors, administrators,suc- which it may be liable to the Owner and,as soon cessors and assigns to the Owner for the performance of as practicable after the amount is determined, the Construction Contract, which Is incorporated herein by tender payment therefor to the Owner,or reference .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in provided in Subparagraph 31 Paragraph 4 with reasonable promptness, the Surety shall be deemed to be In default an this Bond fifteen days after 3 If there is no Owner Default, the Surety's obligation receipt of an additional written notice from the Owner to the under this Bond shall arise after: Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce 3.1 The Owner has notified the Contractor and the any remedy available to the Owner. If the Surety proceeds Surety at its address described in Paragraph 10 below as prodded in Subparagraph 44, and the Owner refuses that the Owner Is considering declaring a Contractor the payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right to bon Contract If the Owner, the Contractor and the complete the Construction Contract, and if the Surety elects Surety agree, the Contractor shall be allowed a to act under Subparagraph 4.1, 4.2, or 43 above, then the reasonable time to perform the Construction Contract, responsibilities of the Surety 10 the Owner shall not be but such an agreement shall not waive the Owner's greater than those of the Contractor under the Construction right, if any, subsequently to declare a Convector Contract, and the responsibilities of the Owner to the Default, and Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this 3.2 The Owner has declared a Contractor Default and Bond, but subject to commitment by the Owner of the formally terminated the Contractor's right to complete Balance of the Contract Price to mitigation of costs and the contract Such Contractor Default shall not be damages on the Construction Contract, the Surety is declared earlier than twenty days after the Contractor obligated without duplication for. and the Surety have received notice as provided in Subparagraph 31, and &1 The responsibilities of the Contractor tot correction of defective work and completion of the Construction 3.3 The Owner has agreed to pay the Balance of the Contract, Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor &2 Additional legal, design professional and delay selected to perform the Construction Contract in ao. costs resulting from the Contractor's Default,and result- cordance with the terms of the contract with the Owner, ing from the actions or failure to act of the Surety under Paragraph 4:and a When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's &3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or nonperfor- 4 1 Arrange for the Contractor, with consent of the mance of the Contractor. Owner, to perform and complete the Construction Con. tract,or 7 The Surety shall not be Gable to the Owner or others for obligations of the Contractor that are unrelated to the Con- 42 Undertake to perform and complete the Consahto struction Contract, and the Balance of the Contract Price ton Contract itself, through its agents or through inde. shall not be reduced or set off on account of any such unre. pendent contractors,or lated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its 4.3 Obtain bids or negotiated proposals from qualified heirs,executors,administrators or successors. contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- a The Surety hereby waives notice of any change,includ- tract, arrange for a contract to be prepared for execu- ing changes of time, to the Construction Contract or to re- bon by the Owner and the contractor selected with the lated subcontracts,purchase orders and other obligations Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety 9 Any proceeding, legal or equitable, under this Bond equivalent to the bonds Issued on the Construction may be instituted In any court of competent lurisdlcbon in Contract,and pay to the Owner the amount of damages the location in which the work or part of the work is located as described In Paragraph 6 in excess of the Balance of and shall be instituted within two years after Contractor the Contract Price incurred by the Owner resulting from Default or within two years after the the Contractor's default',or Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 4.4 Waive its right to perform and complete, arrange Bond, whichever occurs first. If the pro- for completion, or obtain a new contractor and with visions of this Paragraph are void or prohibited by law, the reasonable promptness under the circumstances- minimum period of limitation avail. Primed In emp,nib.vh h The Amerleen hladdne a Ar WNA (AIA)hr Wbrt Wells vouches aa1 me[Mipode m an do maid oWdaws a Wy Id the wnpw�pe used,n AlA[bcuRmm Ah1'{Oexmeer 19i4 EG140R Third PdrAinO Mweh 1=7 Cl 2B 2 Sep-06-02 02.00pm From- T-936 P 005/011 F-337 able to sureties as a defense in the Jurisdiction of the suit any amounts received or to be received by the Owner in shall be applicable. settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and 10 Notice to the Surety.the Owner or the Contractor shall proper payments made to or on behalf of the Contractor be mailed or delivered to the address shown on the signa• under the Construction Contract lure page. 12.2Construchon Contract:The agreement between the 11 When this Bond has been furnished to comply with a Owner and the Contractor identified on the signature statutory or other legal requirement in the location where page, including all Contract Documents and changes the construction was to be performed, any provision in this thereto Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conform- 12.3Contractor Default Failure of the Contractor,which mg to such statutory or other legal requirement shall be has neither been remedied nor waived, to perform or deemed incorporated herein The intent Is that this Bond otherwise to comply with The terms of the Construction shall be construed as a statutory bond and not as a eom. Contract man law bond 12.40wner Default Failure of the Owner, which has 12 DEFINITIONS neither been remedied nor waived, to pay the Contract tor as required by the Construction Contractor to per- 12.1 Balance of the Contract Price The total amount form and complete or comply with the other terms payable by the Owner to the Contractor under the Con- thereof struction Contract alter all proper adjustments have been made, including allowance to the Contractor of MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page J CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company' (Corporate Seal) Signature: Signature Name and Title Name and Title: Address Address: Ponied in cwDerewn wiM The Amenom oedbie of Archltecte IAIAJ by W@s. Mils wuenes that the language in the do umem eoniorit 3 Weir to the unguege used in AIA A312,December 1994 Edmon,Third Pmibng Man:h 1997 PeAbrmanee and Payment Bond WMIRMA Sep-06-02 02.00pm From- T-936 P 006/011 F-337 W1 Is Bond No. 91803423 Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable CONTRACTOR (Name and Address) SURETY(Name and Principal Place of Business). Siemens Building Technologies, Inc. Federal Insurance Company 13020 WE 20th Street 15 Mountain View Road Bellevue, WA 96005 Warren, NJ 07059 OWNER (Name and Address) City of Rent 220 4th Ave South Rent, WA 98032 CONSTRUCTION CONTRACT Date. August 1, 2002 Amount $33,862.91 Description (Name and Location): Mechanical sexvice Agreement BOND Date (Not earlier than Construction Contract Date)- Auguat 9, 2002 Amount $31,124.00 Modifications to this Bond. None See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company rporate Seal) Company: (Corporate Seal) Siemens Buzl Technolo a Inc. Federal Insurance company �,f /] Signature: 4 Signatureliy�sk Name an I ' EGOR WIL MSON Name and iitle: Marion R. Vail / Attorney-in-Pact (Any a I �i4I�SEfaoRll�) (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER- OWNER'S REPRESENTATIVE(Architect, Engineer or N7-111e of New York, Inc other party)- 7 Naaovex Square New York, NY 10004 Fried In mapeianonwith The Amemcan Institute of Aromas(AIA)by Willis WINStouohea mat inn lallquaga In the document colnontis eactytamalangmgeuaedin AlAOaumenl A312Oeeember19a4Bd2iak Thnd Pnrdng Mamh19B7 Penmmance and Payment Bond 4 WC1653B Sep-06-02 02 00pm From- T-936 P 007/011 F-337 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves,their hens,exec, rs,administrators,suc- Paragraph 4, the Surety shall promptly and at the Surety's cessors and assigns to the Owner Id pay for labor, expense take the following actions materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated 6.1 Send an answer to the Claimant, with a copy to the herein by reference. Owner, Within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chal- 2 With respect to the Owner, this obligation shall be null lenging any amounts that are disputed and void A the Contractor 6.2 Pay or arrange for payment of any undisputed 2-1 Promptly makes payment, directly or indirectly, amounts for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall Owner from claims, demands, liens or suits by any be credited for any payments made in good faith by the person or entity whose claim, demand, Ken or suit is Surety, for the payment for labor, materials or equipment fur• nished for use in the performance of the Construction 8 Amounts owed by the Owner to the Contractor under Contract, provided the Owner has promptly notified the Construction Contract shall be used for the Wor- the Contractor and the Surety (at the address mance of the Construction Contract and to satisfy claims, described in Paragraph 12) of any claims, demands, if any, under any Construction Performance Bond By the hens or suits and tendered defense of such claims, Contractor furnishing and the Owner accepting this Bond, demands, liens or suits to the Contractor and the they agree that all funds earned by the Contractor in the Surety, and provided there is no Owner Default, performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety 3 With respect to Claimants, this obligation shall be null under ibis Bond. subject to the Owner's priority to use and void if the Contractor promptly makes payment,directly the funds for the completion of the work or indirectly,for all sums due, 9 The Surety shall not be liable to the Owner, 4 The Surety shall have no obligation to Claimants under Claimants or others for obligations of the Contractor that this Bond until are unrelated to the Construction Contract The Owner shall not be liable for payment of any costs or expenses 4.1 Claimants who are employed by or have a direct of any Claimant under this Bond, and shall have under contract with the Contractor have given notice to the this Bond no obligations to make payments to, give Surety (at the address described in Paragraph 12) notices on behalf of, or otherwise have obligations to and sent a copy, or notice thereof, to the Owner, Claimants under this Bond stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the 10 The Surety hereby waives notice of any change, in- claim chiding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other 4.2 Claimants who do not have a direct contract wrath obligations the Contractor: 11 No sud or action shall be commenced by a Claimant .1 Have furnished written notice to the Contractor under this Bond other than in a court of competent juris- and sent a copy, or notice thereof, to the diction in the location in which the work or part of the Owner. Within 90 days after having last per- work is located or after the expiration of one year from formed labor or last furnished materials or the date (1) on which the Claimant gave the notice re- equipment included in the claim slating, with quired by Subparagraph 4.1 or Clause 42.3, or (2) on substantial accuracy, the amount of the claim which the last labor or service was performed by anyone and the name of the parry to whom the or the last materials or equipment were furnished by materials were furnished or supplied or for anyone under the Construction Contract, whichever of (1) whom the labor was done or performed; and or (2) first occurs If the provisions of this Paragraph are void or prohibited by law, the minimum period of limita- .2 Have either received a rejection In whole or in Lion available to sureties as a defense in the lunsoicnon part from the Contractor, or not received vihtrm of the suit shall be applicable 30 days of furnishing the above notice any communication from the Contractor by which 12 Notice to the Surety, the Owner or the Contractor the Contractor has indicated the claim will be shall be mailed or delivered to the address shown on the paid directly or indirectly, and signature page Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall .3 Not having been paid within the above 30 be sufficient compliance as of the date received at the days, have sent a written notice to the Surety address shown on the signature page (at the address described In Paragraph 12) and sent a copy, or notice thereof. to the 13 When this Bond has been furnished to comply With Owner, stating that a claim is being made a statutory or other legal requirement in the location under this Bond and enclosing a copy of the where the construction was to be performed, previous written notice furnshed to the Con- any provision in this Bond conflicting with said stat- tractor, utory or legal requirement shall be deemed deleted harefrom and provisions conforming to such statutory or 5 If a notice required by Paragraph a is given by the other legal requirement shall be deemed incorporated Owner to the Contractor or to the Surety, that Is sufficient herein The intent is that this compliance Pnnhea in coaperstion wltn Tre American lA itu¢cif Anisinaa(Am by Writ Willa wuches ban Na language in Me document mriidrms wwlir to lie language used M NA OseurreM A312,Oceenhber 1984 Edition Tnpd PMeno Mareb 1987 Perforinanot and"am Band 5 WC1653C Sep-06-02 02.01pm From- T-936 P 008/011 F-337 Bond shall be construed as a statutory bond and not as a architectural and engineering services required for per- common law bond formance of the work of the Contractor and the Contract tor's subcontractors, and all other Items for which a 14 Upon request by any person or entity appearing to be a mechanic's hen may be asserted in the jurisdiction potential beneficiary of this Bond, the Contractor shall where the labor,materials or equipment were furnished promptly furnish a copy of this Bond or shall permit a copy to be made 1s.2 Construction Contract The agreement between the Owner and the Contractor identified on the signa- 15 DEFINITIONS ture page, including all Contract Documents and changes thereto 15.1 Claimant: An Individual or entity having a direct contract with the Contractor or with a subcontractor of 15.3 Owner Default: Failure of the Owner, which has the Contractor to furnish labor, materials or equipment neither been remedied nor waived, to pay the Contract for use In the performance of the Contract The intent of for as required by the Construction Contract or to per- this Bond shall be to include without limitation in the form and complete or comply With the other terms terms "labor, materials or equipment"that part of water, thereof. gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company, (Corporate Seal) Signature, Signature Name and TiOe. Name and Title. Address Address. Prima in cdoperihon wth The American Irediti m of Arobcts(MAI by Willis Willis wuchas that the language in the J=rnanlcoreforms 6 e7mcey to line language used In ALA Owument A312 December l gad Edeon Tnod Putting March 1987 Perfornarm one Payment Bond wc1e930 Statement of Intent to Pay Prevailing Wages Page I of I Prevailing Wage Section Department of Labor& Statement of Intent to Pay Industries Prevailing Wage PO Box"640 Olympia,WA 98504-4540 (360) 902-5335 Received: Intent Id., Status: 08/08/2002 6667 Approved on 08/08/2002 COMPANY Company SIEMENS BLDG TECHNOLOGIES INC Information- SIEMEBT010KO 601 906 563 13020 NE 20TH ST BELLEVUE, WA 98005 Payment Type: Electronic Company Electronic Signature: PROJECT Public Agency: KENT, CITY OF 220 -4TH AVE S KENT, WA 98032-5895 County KING Multiple Counties?No City Kent Project Name: City of Kent Technical Support Program Contract Number., N/A Bid Due Date• 08/01/2002 Award Date: 08107/2002 Prime Contractor: SIEMENS BLDG TECHNOLOGIES INC Ali Work Subcontracted. No Subcontractors? No Apprentices? Yes $Amount., $31,124 00 Time and Materials No Filed by: FIMON, MARCIA WAGES Number of Owners 0 Journey Level Trades/Occupations County Trade Occupation Wage Fringe # Workers KING PLUMBERS & JOURNEY LEVEL $34 18 $14 08 2 PIPEFITTERS https //wws2 wa.gov/lni/pwiapub/IntentPrint.asp?ID=6667 9/18/02