HomeMy WebLinkAboutPK05-411 - Original - Siemen's Building Technologies, Inc - APOGEE Software for HVAC in City Buildings - 8/1/2005 Records Manage m%e `t ,�
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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 City Clerks Office.
Vendor Name:= a-,.✓ W'� "- 'Vendor Number:
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Contract Number: 1 A,9S—
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Description:
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Project Name:
Contract Effective Date: g! U Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department: S
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Abstract:
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•
KENT
W.s,i AGTON
GOODS & SERVICES AGREEMENT
between the City of Kent and
Siemen's Building Technologies, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Siemen's Building Technologies, Inc. organized under the laws of the State of
Washington, located and doing business at 22010 SE 51s` St., Issaquah, Washington 98029, Chris Lermusik,
Sales Account Respresentative (425)507-4300 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for the
City:
Support service for APOGEE software for the HVAC system in City Buildings located at various
addresses in the City of Kent in accordance with the proposal dated August 31, 2005, which is
attached and incorporated as Exhibit A.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services within 3 years.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $6, 876 year 1,
$7128 year 2, $7,380 year 3, including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to
the following schedule:
GOODS& SERVICES AGREEMENT- 1
(Under$10,000 00, including WSST)
Siemens Building Technologies, Inc. shall be paid according to the fo owing shedule:
Base Option:
Sept. 1, 2005 through Aug. 31, 2006 $6,876 annually, with quarterly payments of$1,719
Sept. 1, 2006 through Aug 31, 2007 $7,128 annually, with quarterly payments of$1,782
Sept. 1, 2007 through Aug. 31, 2008 $7,380 annually,with quarterly payments of$1,845
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to
only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort
to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor
for any defective or unauthorized goods, materials or services. If Vendor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or
services from other sources, and Vendor 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 Agreement price specified above.
The City further reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE.
IV, INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Vendor 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. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement.
VI. CHANGES. The City may issue a written change order for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,
that a change order is necessary, Vendor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date
Vendor 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 Vendor'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 Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable
adjustment as it deems appropriate. The Vendor 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make
any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor
disagrees with the equitable adjustment, the Vendor must complete the change order work, however, the
GOODS & SERVICES AGREEMENT-2
(Under$10,000 00, including WSST)
Vendor may elect to protest the adjustment as provided in subsections A�nrough E of Section VII, Claims,
below.
The Vendor 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 Vendor 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.
VII. CLAIMS. If the Vendor 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 Vendor may file a claim as provided in this section. The Vendor 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 Vendor 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions
of this Agreement.
At a minimum, a Vendor'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. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor'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
5. An analysis of the progress schedule showing the schedule change or disruption if
the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor 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 Vendor'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. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this Agreement.
GOODS& SERVICES AGREEMENT-3
(Under$10,000 00, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor 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 Vendor completely waives any claims for protested work and accepts from the City
any written or oral order(including directions, instructions, interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR 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 VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD
IX. WARRANTY. This Agreement is subject to all warranty provisions established under the
Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are
merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance
with their specifications and Vendor's representations to City. The Vendor 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 part of the goods are repaired, 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 Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the
Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the
correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor 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.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor 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, arising out of or in connection with the Vendor'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 Vendor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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.
GOODS& SERVICES AGREEMENT-4
(Under$10,000 00, including IVSST)
The provisions of this section shall survive the expiration or termination of this Agreement.
XIL INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's
own risk, and Vendor 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.
XIV. 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.
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 arising 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 arising 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
XI 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 Vendor.
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.
GOODS& SERVICES AGREEMENT-5
(Under$10,000 00, including WSST)
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. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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.
VENDOR: CITY OF KENT:
By: By: dJ �wn� r
(signature) (se ature
Print Na e: U�t — Print Name: John H dgso
Its: , "n"s I�lva,a�ew� Its. Parks Dirutet
(Titre) �� (Tttl)
DATE: l2 /e �o DATE: _Y3COry
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Chris Lermusik Charlie Lindsey, Superintendent of Facilities
Siemens Building Technologies, Inc. City of Kent
22010 SE 51 sr St. 220 Fourth Avenue South
Issaquah, Washington 98029 Kent, WA 98032
(425)507-4300 (telephone) (253) 856-5081 (telephone)
[Insert Fax Number] (facsimile) (253) 856-6080 (facsimile)
Stemens3yearApogee2005
GOODS& SERVICES AGREEMENT-6
(Under Sl0,000 00, including HISST)
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 this 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:
I. 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.
Dated this(—day of bvc-Ei"ar-pt 12005.
By:
For: (Eu+cw�5 �d�u��w� TEr�, a��5 r► ��
Title.
Date: , eS
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 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:
1. 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 Planning, 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 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This 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 1.2 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 of 3
i
Siemens Building Technologies
Technical Support Program Proposal
Prepared for
City of Kent
Proposal date
8/3112005
PPORT PRO +RAMS
r now
ENO_
17
TE RY CE5 AD
T MANAO
Executive Summary
The City of Kent has made a significant investment in complex technical facilities, which is critical to the operation
of city functions This proposed service solution, our Technical Support Program, will proactively serve to protect
that substantial investment through a program of planned service tasks by our trained technical staff
This Technical Support Program has been specifically developed to support your unique facility, and the services
provided herein will help you in achieving the following goals
• Maintaining the comfort&safety of the occupants of your facility
• Minimizing energy and operational costs
• Improving responsiveness and minimizing equipment downtime
• Protecting your system investment
• Improving the skills of your staff
Siemens Budding Technologies is the leading single-source provider of cost-effective facility performance
solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically
advanced buildings in the world Siemens is pleased to offer this proposal for Technical Support services to your
facility For more than 150 years, Siemens has built a culture of long-term commitment to customers through
innovation and technology We are confident that we have the capabilities to meet your critical facility needs today
and in the future, and we look forward to the opportunity to serve you
Siemens Building Technologies Technical Support Program Proposal August 31, 2005 Page 2
HVAC CONTROL SERVICES - Automation
Emergency Online Response. Monday through Friday, 8:OOAM to- 5:OOPM. System and software
troubleshooting and diagnostics will be provided by remote technologies to provide faster response to emergency
service requests and to reduce the costs and disruptions of downtime We will respond within (4) hours, Monday
through Friday, 8 OOAM to- 5 OOPM, once receiving notification of an emergency, as determined by your staff and
Siemens We will furnish and install the necessary online service technology to enable us to remotely dial into
your HVAC Control System, through a dedicated telephone line that will be provided by the facility If remote
diagnostics determine a site visit is required to resolve the problem, a technician can be dispatched Depending
on your contract coverage, the on-site dispatch will be covered or will be a billable service call
Software Updates. Through this service, you will benefit from new features and enhancements that will improve
budding operations, take advantage of the latest version changes, while extending the life of your APOGEE
investment Siemens will provide you with software and documentation updates to your existing APOGEE
software as they become available (approximately annually) Include is onsite training to familiarize you with the
new features and their associated benefits These updates deliver the benefits of Siemens Building Technologies'
commitment to compatibility by design, a commitment unique in our industry APOGEE workstations covered
under this service are itemized in the List of Maintained Equipment (Upgrades to PC's and related workstation
hardware are excluded unless specified elsewhere )
Note Firmware updates are not included in this proposal
Optional Coverage: Ne'( �fT 0j�-
Customer Directed Sup With Customer Dir upport, Siemer tfprovide a trained and experienced
automation specialist who will wo a direction The intent of this rvice is to offer you labor assistance
in completing a special project ee lit objective A total of(8) hours annually are listed as an option
Siemens Budding Technologies Technical Support Program Proposal August 31, 2005 Page 3
Account Management
At Siemens Budding Technologies, Inc , we are dedicated to customer satisfaction To achieve this, we have a
quality assurance process, which enables you to assess the Preventative Maintenance Program designed for
your facility
Quality Assurance. Through implementation of our Quality Assurance Best Practices, we 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 seance 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
Service 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 budding professionals will be dedicated to your Technical Support Program
Chris Lermusik, Sales Account Representative, manages the overall strategic service plan based upon your
current and future seance requirements
Michael Wilhelm, Service Account Engineer, is responsible for ensuring that our contractual obligations are
delivered, your expectations are being met and you are satisfied with the delivery of our services
Juan Cantu, Service Operations Manager, is responsible for managing the delivery of your entire support program
and service requirements
Customer Response Center
Our Service Coordinators are responsible for scheduling your preventive maintenance visits, and handling your
emergency situations by taking the appropriate action
Fred Haldeman, Service POST Operator, is responsible for providing you with on-line support This could include
handling emergency situations, providing technical support or coaching services
Siemens Building Technologies Technical Support Program Proposal August 31, 2005 Page 4
Siemens Building Technologies, Inc.
Signature Page
By and Between
Siemens Building Technologies, Inc City of Kent
22010 SE 51st St 400 W Gowe St
Issaquah, Washington 98029 Kent, Washington 98032
(425)507-4300 (253)856-5081
Services shall be provided at 400 W Gowe St , Kent, Washington 98032
Siemens Building Technologies, Inc shall provide the services as outlined in the attached proposal dated
8/31/2005 and the attached terms and conditions
Duration This agreement shall remain in effect for an original term of 3 Years beginning 9/1/2005 and
from year to year thereafter
Investments
Base Option:
Year 1 9/112005 to 8/31/2006 $6,876 annually paid $1,719 quarterly
Year 2 9/1/2006 to 8/31/2007 $7,128 annually paid $1,782 quarterly
Year 3 9/1/2007 to 8/31/2008 $7,380 annually paid $1,845 quarterly
Option 1:With Customer Directed Support
Year 1 9/1/2005 to 8/31/2006 $8,040 annually paid $2,010 quarterly
Year 2 9/112006 to 8/31/2007 $8,328 annually paid $2,082 quarterly
Year 3 9/1/2007 to 8/31/2008 $8,628 annually paid $2,157 quarterly
Prices quoted in this proposal are firm for 60 days
Proposal accepted by: Proposal submitted by:
Charlie Lindsey Chris Lermusik
Superintendent Account Executive
City of Kent Siemgns Bui g Technologies, Inc
Signature Date Skjrraure Date
Approved for Siemens Building
Technologies, Inc. by:
PO#
1-2 (0 6>
ure Date
Siemens Building Technologies Technical Support Program Proposal August 31, 2005 Page 5
SIEMENS BUILDING TECHNOLSIES, INC. •
TERMS AND CONDITIONS (W/O FLS)
The following terms and conditions are attached to and form an integral part of Siemens Budding Technologies, Inc's(referred to herein as"SBT")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 Article 2 Equipment Testing,Inspection and Maintenance
1 1 a) The TSP Agreement,when accepted in writing by the Customer 2 1 The Customer represents that all Equipment is in satisfactory working
and approved by an authorized representative of SBT shall constitute the condition Except as set forth below, by the later of the first forty-five(45)days
entire,complete and exclusive agreement between the parties relating to a of this TSP Agreement,the first scheduled operational inspection, or the first
technical support program("Services")for the equipment and software seasonal start-up,SBT will have inspected all the Equipment
identified in the List of Equipment or the Service Coverage Report attached 22 If SBT determines as a result of such inspection that any Equipment
to the TSP Agreement("Equipment")and shall supersede and cancel all is in need of repair or replacement,the Customer will be so notified and shall
prior agreements and understandings,written or oral, relating to the subject take corrective action within thirty(30)days,or such Equipment shall be
matter of the TSP Agreement The TSP Agreement and any rights or automatically removed from coverage hereunder SBT will not be liable or
obligations thereunder may not be assigned by either party without the responsible for the continued testing,maintenance, repair, replacement or
advance written consent of the other operating capabilities of any portion of the Equipment until it has been restored
(b) The terms and conditions of this TSP Agreement shall not be to an acceptable initial condition at Customer's sole expense Any services
modified or rescinded except in writing,signed by a corporate officer of SBT provided by SBT in the course of such restoration will be separately charged,on
SBT's performance under this TSP Agreement is expressly conditioned on a time and materials basis,and not included in fees paid hereunder If
Customer's assenting to all of the terms of this TSP Agreement, individual items of Equipment cannot, in SBT's sole determination,be properly
notwithstanding any different or additional terms contained in any writing at repaired or replaced due to age,obsolescence, lack of availability of refrigerant
any time submitted or to be submitted to SBT by Customer relating to this gas, halon gas, necessary parts,materials,compatibility or otherwise, or as a
subject matter result of excessive wear or deterioration,SBT may,within ten(10)days of such
c) The terms and conditions set forth herein shall supersede,govern inspection,give written notice that it is withdrawing such items from coverage
and control any conflicting terms of the Proposed Solution or the Proposal under this TSP Agreement and adjust the amounts to be paid hereunder
12 This TSP Agreement shall automatically renew for successive one accordingly
(1)year periods beginning on the anniversary date of the original term as set 23 If the Proposed Solution provides for maintenance,any repairs and
forth in the Proposal, unless stated otherwise in the TSP Agreement replacements of Equipment are limited to restoring the proper working condition
1 3 Either party may terminate or amend this TSP Agreement at the of such Equipment SBT will not be obligated to provide replacement
end of the initial term or at the end of a renewal term by giving the other party Equipment that represents significant capital improvement compared to the
at least sixty(60)days prior written notice of such amendments or intent not original Exchanged components become the property of SBT,except
to renew Hazardous Materials,which will under all circumstances remain the property
14 If,during or within 90 days after the term of this TSP Agreement, and responsibility of Customer
Customer engages any SBT employee who has performed work under this Article 3: Charges,Fees and Involves
or any other agreement between Customer and SBT,Customer shall pay 31 Payments to be made under this TSP Agreement will provide for,and
SBT an amount equal to the employee's latest annual salary be in consideration of, only Services specifically included under the Proposed
accordance with the laws of the State of Illinois Allll claims or disputes arising
1 5 This TSP Agreement shall be governed and enforced in Solution All other Services including but not limited to the following,shall be
separately billed or surcharged on a time and materials basis (a)emergency
under this TSP Agreement shall litigated in the State or Commonwealth in Services performed at Customer's request, if inspection does not reveal any
which Services are r providedd to Customer hereunder The parties agree deficiency covered by this TSP Agreement, (b)Services performed other than
to waive their respecctt rights to trial by jury for matters arising out of this Agreement during SBT's normal working hours and(c)Service performed on equipment
not covered by this TSP Agreement
16 The Services are outlined r the attached Proposal's Proposed 3 2 Invoices are due upon receipt or otherwise as may be set forth
Solution provisions,incorporated by reference herein,and shall hr performed therein If any payment is not received when due, SBT may deem Customer to
on the Equipment during g holiSBT`days,
normal working hours,Monday through be in breach hereof and may enforce any remedies available to it hereunder or
Friday inclusive,excluding holidays, unless otherwise set forth herein at law, including without limitation suspension or termination of Services and
t 7 Customer will at all times designate a contact person with authority acceleration of payments Any amount not paid within sixty(60)days of the
provide SBT with information sufficient to contact such person in an make decisions for Customer regarding the Services Customer will date due shall accrue interest from the date due, until paid,at the rate of ten
pr emergency If such representative cannot be reached, any request for percent(10%
)per annum In the event of a dispute by Customer regarding any
Service received from a person located at Customer's premises will be portion or all of an invoiced amount,the undisputed portion shall be paid when
deemed authorized by Customer,and SBT will, in its discretion,act due,and interest on the disputed,unpaid portion shall accrue as aforesaid,from
accordingly the date due until the date of payment,to the extent that such amounts are
18 SBT will be permitted to control and/or operate all Equipment finally determined to be payable to SBT
necessary to perform the Services 33 Customer is responsible for paying any present or future sales, use,
1 9 SBT will not be required to conduct safety or other tests,install occupancy,excise or other federal, provincial,or local tax due or owing as a
new devices or equipment or make modifications to any Equipment beyond result of this TSP Agreement
the Proposed Solution set forth in this TSP Agreement Any Customer Article 4: Allocation of Risk
request to change the Proposed Solution or the nature of the Services must 4 1(a) Until one year from either the date hereof or the date the Equipment is
be in the form of a mutually agreed change order,effective only when installed,whichever first occurs,all equipment manufactured by SBT or bearing
executed by all parties hereto its nameplate will be free from defects in material and workmanship arising from
1 10 If the Equipment is altered or moved by any person,including normal use and service
Customer,other than SBT or a person authorized by it,Customer shall Labor for all Services under this TSP Agreement is warranted for 90 days after
immediately notify SBT in writing,and SBT reserves the right to perform a the work is performed
reacceptance test on, or if necessary a recommissioning of,the system at 4 2(a) The limited warranties set forth in Section 4 1 will be void as to,and
Customer's expense shall not apply to,any Equipment(i)repaired,altered or improperly installed by
1 11 After any of the following events,SBT will have no liability or any person other than SBT or its authorized representative,(it)subjected to
obligation under this TSP Agreement,whether relating to the testing, unreasonable or improper use or storage, used beyond rated conditions,
inspection,maintenance or operation of any Equipment,and may terminate operated other than per SBT's or the manufacturer's instructions,or otherwise
or suspend services under this TSP Agreement immediately upon giving subjected to improper maintenance, negligence or accident,(in)damaged
notice to Customer Customer fails to(a)authorize a reacceptance test or because cf any use of the Equipment after Customer has,or should have,
recommissioning that SBT deems necessary,(b)notify SBT of any knowledge of any defect in the Equipment,or(iv)not manufactured,fabricated
modifications or changes to the Equipment per Section 1 10,(c)notify SBT of and assembled by SBT or not bearing SBT's nameplate However, SBT
any conditions,malfunctions or changes per Section 6 2,or(d)provide the assigns to Customer,without recourse,any and all assignable warranties
access required by Section 6 3 available from any manufacturer,supplier,or subcontractor of such Equipment
(b) Any claim under the limited warranty granted above must be made in
Siemens Building Technologies Technical Support Program Proposal August 31, 2005 Page 6
of thehe eye 'present,
h any and all to tHaza dous ctitkon has
• hat,P materials and
warr ustomers ttedtolock-
` Customer � e present at C but riot lotted matenal
53 becom °hoes,including iene plan,
tie claimed defect t has nolrfied SBT iOr likely t° fat p chemical,hy9 disclosed or
resent o res, fired to be
potentially P of any I°bste sa y COcedu the ns or ordinances
s after limited
ty only extends is p a copy dures laboratory p Overed or requB fr m and
30) led G Pr ovidedla lope rag S
thirty( day w menl uormin
SBT wihfin SBT Such Iirr f the Equip nformin9 put and 9 s other iterrr5 p '
directly by uent Owner o not wit data sheets,andstate,or local taws holds a
liscovered subsea Equfipn aril or Servicesifepair pr safety fined by federal' rebY in and n
rmles singfrom
costs,liabilities or xPenses art
per and not to any for any at SBT'S oPf'On,O Or kit) mamta Customer he Obligat ons u de
r Sections 5 t
remedy E uipment, the extent 5 A es,losses,
id exclusive fis limited to, of°overed q s or(i')to f r t P o
warranty against any dama9 o failu e
IS limited co
ffi mat purchase Customer's breach of o erf r
ement of defective potion of the 5eN for the o g $eNices i
defectivepf a credd or refund ent or 5 2 or 5 3 above onsibilities 11 Equip me
ntin accordance
met ROSP maintain a those set forth m the nts o
ormana Othe issue onuned to°a a theq ace °re than the
Article 6'Custom d1 opef al,8Inckudkngs all refit shell
nce r
of
)usly P defect comp air or rep defective SB er w
s,
of such found
to Of such tern fining 6 1 lecturer sspecifications or mstrucnons,as well
SBT shall not fee tactually fOu nce menu unsdictipr Such E u sh
q r aril shell lied hY
E ni for the t apt Opel"ting which shall be supplied
ema anus aril, ding
Of the quiceed the purchase ponties having! including
iponent(s) der o Y manufacturers of of auth Mantle
orating environm cal service,hO a Tines,
abildy shall not warranted nereun OVIDED ABOVE applcable law died op al suitable elect"aril,(p)t fep n air
rarity merit will be nod, 5 PR only in the spa limitation ( all Equ'Pm c heat,light,
heolaced Equipinal ws rantY P�D W�Tf HER Y IARRANTHOUT operated r Including wit o dihoned Powersuch Equipn1entdihes in accordance
°f�HErEXPRE 5 LIM E ALL FOR Custom le, rot uired by other tit utp e
RE XPREExCLUD MER NGLUDIN OR FITNES D clean,stab co other v ty as req uipm ntrols,and ° crate the Eq
Inn
3 IN LIEU OF AN SS,OR IMPF IED,GNANTAB PRESSLY LIE capaciy and nnetenvironmental c Failure to so P T may have
AREN YRF-XP E5S ORE EN ANY conditioning specifications lot the Eq aril obligations
SB
TATUTORY'E ARRANTY O bo,sp maintenance
operating
IMITATION ANY URFOKESWHIWARRA DER WILL P FOR with mate immediately any T of any unusual opaffect the
>PARTIGUTAR P SaT MA NODED EUN CTION will term l g a y
DISCLPklMEEQU PMENT P SO PROVIDE TTviv HE MITED PROTeE THIO TSP herSS eunderGustomer will pro o�tsyor bind n changes that
may
of access to the
OSS ORWIL gTAL ED O ptJONS SE EMS TED Fj A OF sondit'ons,sYStem$eNiceS T with reasontons to reach the Equip oval,
RS-f TF
OR alfunc means men
yWHIGH IT IS 1N R S�pRpORATE OFFIGER Equipment or any r will provide SB rovrsi'es ible for any rem
WARRANTIES AND REPRE MODIFIED O Gusto�� r n t Y
necessanlP reasons
AGREEMENT PIED BY A DULY AUTHORfZED 3 all make any will be solely fishes the
claims, i 5 ui merit and vices Customer structure o fi bulb e
$1GN and against losse Sor peed a lead Pperipheral de
WRITING er from attorney s feesl aril or etrnushing of
the
Custom able a of use of the prop replacem ss to su erElY d s
ain acre pose of all banal d ab
56T reason $ absorbents
SBT will indey(ier
ncluding loss rmed required tog r shall prof liters,canki me afe present at Gustorm
refrigerant
4 and dama9 to property,but not work pedO aused by Or req Custome
g to any 6 A used oil,contam is that a state, will local laws, SB
expenses lost( damage to the extent pent'negligentMat f as
t any t and
Or Phys damage or from solely or agent' ostats, Hazardous 1 ,Plipable d under no arcums a ces T
nJurY from such shall be consultants' edom ance°i rand any other with under r la
resulting findemmtication with its p hall n accordance t no time y a
A t e and
Such SBTs or its employees,onnection rpVisron s ses, f deposal and
Customerhereby
her fftlm out of or fin any preen ordinances removal from and again
liability° claim
directly dlful misconduct sunder this indemnity P Iations,and
5t a
,rising a es arising suitants Or regu ible for any lessvoice
ssions or w BT,s obbgatwn5 damages ants,can be asp°ns holds SBT harm
acts Or°hereunder S enses an Or or is ag third party indemnities and fide an Pay{O dedicated upon
Services losses,exP of Gu to Customer Or any rl applicable,Pf°V lock m a mutual ne)will remain
I to claims, tigence therefrom Customer will, terminal b the Phone
not extend to the ne9T SBT's ilabithe TSP Agreement is t tosse5l claims, arising Cus om nstall a tiding
,i kno
way attributable r than 5BT for the direct losses, 8 a i
employees other under the vent be 9r de dial•up phone line
an
r otherwise other than 11 in no e ce EgwP sent
Section o t be liable d SBT she Punitive, property of SBT unless other* a stated herein
this hall no uential,P ndJor All On-line UnI ervjCe ppligatij�r a
under and$BT$ aforesa enter conseq rof+ts a location S
limited to, es arising a5 aril for fine d t limtatipn IOst profits the prop °f Mamtenancg or maio1enance,rep fn intamabte,
expenses and dama9 TSP Agreem *thou late or non 7: Li T w bons resPonsjg1e for the ices n of Opp° p limited to
rider this amages including in warranty, and regardless Article will,not be b ment, a bucasirr95,
responsible u special whether ansin9 abiirty, es SBT t $ef`Ice$ne°esstated E
pr o fies, cppttapt or strict ch dart 7 cement of,or ads of the quip
nclu m
xchan9ers, dneU i pabineg etspecfi tally
exemplary OppOdunit s to t less Pip,
aril of any able, $O�heat a co
p5sibddy°f su claim for replace rob
r Semite ° r
lost lousiness Equipment o advised of the and settlem aties non-replace tubes, water and less otherwise k Wits
s
ductwork,shelenak s P
of any 0T has been defense r The P Services electrical winn9.d b tc unle dequate P
her
slats an asnn,5,e
of whether$ tit to control the ndemnity a feed to perform is S matenal,
has an o019 vrhicn 5BT has been Oalculated on,and supports,cooling p ence,a of operator Orr nunta arqu rlen ants
the rig anon t° based up refectory tower fill, abuse,
reserves I retied or(b)11 g eration, ck
Which SST e that the Pr1ce lof Agreement,,,been
express Y stated herein' mproper oP rating and en
viro
this and that SBT such limitations Of aOtuYer's ope SBT assume sn
air pwledg under nt but for, or modticabons, Equipment Otherthan by 56
lions teem OomPIY with mesa s beyond its controlo
and obUga limitations°f IiabrlitTSP A9 {allure to Performed on any e that
the foregoing entered into this f rod,pr other rea ice P injury or damage
would not have er represents Acts o {or any 5eN for loss,delay, hiding pcutts of restncutad
CustOrri re$p°nsibipfY risible fnc God,
liability 1 Section 5 3 materials,as and agents SBT shall not be rest$beyond is control, agents' an)age
nvrronmenta ursuant to or toxic ensation a its 9 or
Article S. E disclosed P other hazardous GOMP may be bcifcums5 m or its employees flood, "is s a
Except as r any ental ResP°rise, thereunder, 7 2 paused Y Customer
51 I ated ent,fire,theft,c°of sY j
asbestos o EnvirOnm lations pr°mu 9 to arts or Omissions bYf pVemm
ro9ran'°f s s ua ha
cke � �
rehensive Mates,T avi11 acts o g t Or materials es
that there's n pomp amended,the reg1 law(Hazardeus motion' computer viruses,P exp1osrons,o
to ion
defined m the pr iota dormed Of any civil tom en,not$, fuel, bar o
of 1950,as state s are Pe freeze-up s w f vehicles, services a
federal, a Serv1C8 acts the Presence SBT
in lightning, ih workm
Liability Ato
Ct difference shortage
ePlaCn nts°r water treatm
livable to byef
e o e
and other apt locations ,here Set Or susp a reed The ockouts, odahon,° le for repairs, of Inadequate
Custom s i{i d aced and 9 s in transP onsib i
been P Secton 5 t d delay SBT is not rasp efosipn improper
prests
ent at Gu r immediately ices have b e1 forth in this Pfopo$e Or other reasons b Y
e on
notify Guslome All Ser d lotions ass phan9e in the reed to by 7 3 nt due to corioswchemiGal action
atenal resen equipment
action, Oval or remstallati°n°f
Haxardo on Customer's rep nsitutes tern s must be a9 electrolytic
reliance Of Hazardous Materials p° whose Others, le control responsible for rid tamp s f
ai�pw sia i
change order w 11 continue abating, 11 not be
Presence valent to a heaunder for testing'aba reasonable sna firs,waterflOw oral pip ° 9 r r g
wac °Went
Hazardous r air duct d alnln °
Solution eau pbligations Olely rest°risible such a order has 7 vent valves,damp mounted int ke venting
SBT before its et shall be s or neulrabzrng hate Chang ,,Mane
°risible for any
Custom remedying Van it an approp to have rep SB hail not b
52
sulatm9,removing, Of E T wilt f on ntie
ve a
other p e res
Hazardous and any
eocap costs the on 51 above,ite s free of time to Additionally,
Materials,and for pursuant to Secs until the I°b nylon s
Into P five' Ve an eQwtabc axle Hazardous System
been entered fpvidingaT*fill race delays paused by
the right totntspch event compensation for
mat Plate is S O Ice,, page 7
Materials re rediatwn August 31,2005
Technlca(SupP°�program Proposal -
__t.,niPS
SIEMENS
Siemens Building Technologies
Technical Support Program
List of Maintained Equipment
Equipment Equipment Equipment Qty Serial r Location Mfg/Model
-
System Software Apogee Advanced
Performance Updates(3 X) Server 1
Updates
Services (Times per ear) Software Update 1 0
System Software Apogee Advanced
Performance Updates(3 X) Client 1
Updates
Services Times per ear Software Update 1 0
Siemens Building Technologies Technical Support Program Proposal August 31, 2005 Page 8
Discounted Labor & Material Pricing
As a Technical Support Program customer with an active agreement, you will receive the benefit of a discount
from our standard labor rates and material prices Standard rates and preferred customer rates are documented
below
Please note Rates shown are effective for the period identified Rates are subject to change and are adjusted
annually
Effective from January 1, 2005 through December 31, 2005
Preferred Straight Time Regular Overtime Sunday& Holiday
Customer (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, &
Labor Rates: excl Holidays Sat)
Automation $104.00 $126.00 $126.00
Specialist
Engineer $95.00 $125.00 $125.00
Minimum Charge: Service involving travel to the customer site will incur a two-hour minimum labor charge and
$0 55 per mile one-way vehicle charge On-line diagnostic and other remote services, as well as consulting
services provided by phone, will be charged at the engineering rate with a two-hour minimum
Material Rates: Customers with a current Technical Support Program will receive a discount of 50% less 20% off
list on standard catalog pricing for Siemens Building Technologies product except products listed in the catalog
with the @ sign which are limited to a 40% discount
Siemens Budding Technologies Technical Support Program Proposal August 31, 2005 Page 9
z �" �e-�s'r}-',' c"�,Y- p '€..`=�-, -,7 _PT" DATE(MMIDDIYY) .
,
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MARSH USA INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
44 WHIPPANY ROAD HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 BOX 1966 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
MORRISTOWN,NJ 07962-1966 COMPANIES AFFORDING COVERAGE
COMPANY
100129-BA-05-06 BA630 1185 XXXX A INSURANCE CORPORATION OF HANNOVER
INSURED COMPANY
SIEMENS BUILDING TECHNOLOGIES,INC 8 LIBERTY MUTUAL FIRE INSURANCE COMPANY
1000 DEERFIELD PARKWAY
BUFFALO GROVE,IL 60089-4513 COMPANY
C LIBERTY MUTUAL INSURANCE COMPANY
COMPANY
D
�t9v)*?tAGE9 '�" 'rho 11o>�YissuedGer�liCafe:'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDIYY) DATE(MMIDONY)
A GENERAL LIABILITY ICH GL 132-05 10/01/05 10/01M6
GENERAL AGGREGATE $ 10,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPAGG $ INCL
'<<, CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1.000,000
OWNERS&CONTRACTOn PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Aoy one fire) $ 1,000,000
MED EXP(Any one person $ 100,000
B AUTOMOBILE LIABILITY AS2-631-004334-035 10101/05 10/01106
COMBINED SINGLE LIMB $ 2,000,000
X ANY AUTO
X ALL OWNED AUTOS BODILY INJURY $ N/A
SCHEDULED AUTOS (Per person)
X X HIRED AUTOS BODILY INJURY $ N/A(PeracadeM)
NON-0W NED AUTOS
PROPERTY DAMAGE $ N/A
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT IS
ANYAUTO
OTHER THAN AUTO ONLY s-'`""-�
EACHACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
C WORKERS COMPENTA-TIONAND WA7-63D-004334-015(AOS) 10/01/05 10/01/08
EMPLOYERS'LIABILITY
WC7-631-004334-025 10/01/05 10/01/06 EACH ACCIDENT Is 1,000,000
THE PROPRIETOR/ X INCL (AK,ID,MT,OR,&WI) DISEASE-POLICY LIMIT $ 1AOO,000
PARTNERSIEXECUTIVE
OFFICERS ARE rl EXCL DISEASE-EACH EMPLOYEE Is 1,000,000
H
DESCRIPTION OF OPERATION SILOCATIONS/VEHICLES/SPECIAL ITEMS
RE MC1431/CITY OF KENT TSP
CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY
INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND
NON-CONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS BUILDING TECHNOLOGIES INC
CERTIFICATE]HOLp�F1�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE INSURANCE COMPANY WILL dh&lll(tbX"MAIL
CITY OF KENT 30
ATTN CONTRACT ADMINISTRATOR ---
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
220 4TH AVE SO K6*U X
KENT,WA 98032 WY4(I40CX J0OXX�i11;XX)WY OLYI d(XNKX)UWYVWXNWY.XX
AUTHORIZED REPRESENTATIVE
Rich O'Connor
ly i,
x a e _ , _„ — DATE(MMIDDIYY�».., ,
/^► WC•000ON620-10 01/2 4/0 6
PRDDucER COMPANIES AFFORDING COVERAGE
MARSH USA INC. coMPANY
44 W HIPPANY ROAD
P O BOX 1966 E
MORRISTOW N,NJ 07962-1966
COMPANY
F
100129-BA--05-06 BA630 1185 XXXX
INSURED
SIEMENS BUILDING TECHNOLOGIES,INC COMPANY
1000 DEERFIELD PARKWAY G
BUFFALO GROVE,IL 60089-4513
COMPANY
H
CONTINUED FROM DESCRIPTION SECTION
OR ITS SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECTTO ALL WORK PERFORMED BY
AND ON BEHALF OF THE NAMED INSURED,SIEMENS BUILDING TECHNOLOGIES,INC FOR CERTIFICATE HOLDER UNDER CONTRACT
THE OWNER AND CONTRACTOR WAIVE ALL RIGHTS AGAINST EACH OTHER AND ANY OTHER CONTRACTOR,SUBCONTRACTORS,
SUB-SUBCONTRACTORS,AGENTS,AND EMPLOYEES,FOR DAMAGES OR INJURIES CAUSED BY PERILS TO THE EXTENT COVERED BY
INSURANCE, EXCEPT SUCH RIGHTS AS THEY MAY HAVE TO PROCEEDS OF SUCH INSURANCE HELD BY THE OWNER AS A FIDUCIARY
CITY OF KENT
ATTN CONTRACT ADMINISTRATOR
220 4TH AVE SO
KENT,WA 98032
MARSNUSAINC BY
Rich O'Connoravalm
�rtt
vow wurvut,. �. w v� sac-v'v VVIVIMCKI..IAL"CINIMAL LIAWLI I T
Effective Date: 1011f05—10f1 f06 Siemens Corp.,et at
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Any person or organization where required by written contract
It is agreed that this insurance maintained pursuant to the written contract agreements shag be primary to, and not
contribute with any insurance or self-insurance maintained by the above, but only with respect to work performed
by or on behalf of the Named Insured.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of"your work"for that insured by or for you
CG 20 10 11 85 Copyright, Insurance Services Office,Inc., 1984 Page 1 of 1 0