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HomeMy WebLinkAboutCAG2024-409 - Original - Siemens Industry, Inc - HVAC System Software 2-year Service Agreement - 10/1/24 FOR CITY OF KENT OFFICIAL USE ONLY 71 Sup/Mgr: �� Agreement Routing Form DirAsst. KK� • For Approvals,Signatures and Records Management Dir/Dep:B 8L KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A 5 H 1 N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Leah Bryant for Ken Crutcher Parks, Recreation & Community Services Date Sent: Date Required: > 08/15/2024 08/27/2024 0 fl. Authorized to Sign: Date of Council Approval: aW]Mayor or Designee NA Budclet Account Number: Grant? Yes NoW] 54006940.63600.5800 Budget?W]Yes E]No Type' N/A Vendor Name: Category: Siemens Industry, Inc. Contract Vendor Number: Sub-Category: = 33599 Original 0 Project Name: Siemens HVAC System Software 2-Year Service Agreement oProject Details: As described in attached Exhibit A, incorporated herein, the vendor shall Provide = technical and system support services for Desigo software for HVAC systems in City buildings located at various addresses in the City of Kent. c Basis for Selection of Contractor: Agreement Amount: $68,566.44 Other N *Memo to Mayor must be attached i Start Date: 10/01/2024 Termination Date: 9/30/2026 im Q Local Business? Yes W]No*If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: W1 Yes In-Process ElExempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YeswI No CAG2024-409 Comments: N 3 f0 � C = a, a, oc Date Received:City Attorney: 8/28/24 Date Routed:Mayor's Office 8/29/24 City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT W A s H ING T o N GOODS & SERVICES AGREEMENT between the City of Kent and Siemens Industry, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Siemens Industry, Inc. organized under the laws of the State of Washington, located and doing business at 15900 SE Eastgate Way, Ste. 200, Bellevue, WA 98008 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in attached Exhibit A, incorporated herein, the vendor shall Provide technical and system support services for Desigo software for HVAC systems in City buildings located at various addresses in the City of Kent. The 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, the Vendor shall complete the work and provide all goods, materials, and services by 09/30/2026. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $68,566.44, 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: The vendor shall invoice the City quarterly for the services provided Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the 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 the Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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. VENDOR'S ACCEPTANCE 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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 amendment 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 an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, 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 GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) 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. 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). IX. 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. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The 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 the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. 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 GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. 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. XI. 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. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The 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 the 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. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. 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. XIV. WORK PERFORMED AT VENDOR'S RISK. The 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 the Vendor's own risk, and the 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. 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. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) 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, including all appeals, 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 XII 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 the 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. 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 the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: Matt swat By:Matt smart(Aug 16,2024 09:18 PDT) By: Print Name: Matt smart Print Name: Dana Ralph Its Area Sales Manager Its Mayor DATE: Aug 16, 2024 DATE: 08/29/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Joe Tomola Leah Bryant Siemens Industry, Inc. City of Kent 15900 SE Eastgate Way, Suite 200 220 Fourth Avenue South Bellevue, WA 98008 Kent, WA 98032 (425) 233-4828 (telephone) (253) 856-5084 (telephone) joe.tomola@siemens.com (email) Ibryant@kentwa.gov (email) APPROVED AS TO FORM: Jc� 0-'6A Kent L'aw Department ATTEST: L;t k Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Matt SWN t By: Matt smart(Aug 16,202409:18 PDT) For: Siemens AG Title: Area Sales Manager Date: Aug 16,2024 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 of 5 Exhibit A SIEMENS PROPOSAL City of Kent BAS Service Agreement October 2024 through September 2026 Revision 1: Modified from 5 year proposal to 2 year proposal PREPARED BY Siemens Industry, Inc. ("Siemens") PREPARED FOR CITY OF KENT DELIVERED ON July 30, 2024 STATE & LOCAL GOVERNMENT Transforming the Everyday IJ 4 , ' 1 i I i rIL r s J' J L r ' SIEMENS Table of Contents INTRODUCTION .............................................................................................................. 1 ProposalInformation ............................................................................................. 1 ContactInformation .............................................................................................. 3 CUSTOMER OVERVIEW.................................................................................................... 4 ExecutiveSummary ............................................................................................... 4 Siemens Capabilities & Customer Commitment ...................................................... 5 SERVICESOLUTION......................................................................................................... 6 Building Services — Automation.............................................................................. 6 Emergency Response Times — Automation ............................................................. 9 SERVICE IMPLEMENTATION PLAN .................................................................................. 10 Connectivity and Communications....................................................................... 10 Service Agreement Contract Characteristics.......................................................... 11 GeneralServices .................................................................................................. 12 ServiceTeam ....................................................................................................... 13 TERMSAND CONDITIONS ............................................................................................. 14 Terms and Conditions.......................................................................................... 14 Agreement Terms for Investments ....................................................................... 15 SIGNATUREPAGE ......................................................................................................... 16 SignaturePage .................................................................................................... 16 APPENDICES ................................................................................................................. 17 Siemens Service Portfolio..................................................................................... 17 Page 2 of 17 SIEMENS Contact Information Proposal #: 8940048 Date: July 30, 2024 Sales Executive: Joe Tomola Branch Address: 15900 SE Eastgate Way, Ste. 200 Bellevue, WA 98008 Telephone: 425-233-4828 Email Address: joe.tomola@siemens.com Customer Contact: Brian Levenhagen Customer: CITY OF KENT Address: 220 4TH AVE S KENT WA 98032-5838 Services shall be provided at: CITY OF KENT 220 4THAVE SOUTH KENT WA 98032 Page 3of17 SIEMENS Executive Summary Customer Needs The Services proposed in this agreement are specifically designed for CITY OF KENT, and the services provided herein will help you in achieving your facility goals. Services Included • Software Subscription Service - Desigo CC • Control Loop Tuning • Data Backup and Restore Services Onsite • Software Maintenance • Customer Directed Support Service Locations • Correction Facility • Kent Community Center • Fire Station • Golf Course (Riverbend Golf Complex) • Kent Commons • City Hall • Municipal Courthouse • Police Department • Senior Center Page 4 of 17 SIEMENS Siemens Capabilities & Customer Commitment Siemens Industry, Inc. is a 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. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. Siemens is a financially strong global organization with a Branch network that delivers personalized service and support to customers in multiple industries and locations. References are available upon request. Page 5of17 SIEMENS Building Services - Automation Services that deliver the outcomes you want to achieve Services delivered by Siemens have been developed to help you achieve the outcomes you expect. Holistic Service Program Most buildings rely on aging infrastructure to meet the demand for increased system reliability and uptime of the equipment. In addition, buildings are growing increasingly complex, with both an influx of available data to analyze and sophisticated occupant expectations. All of this while meeting and exceeding all health and safety expectations. These complexities affect system performance and maintenance costs and amid these pressures and changes, too many organizations embrace an outdated and reactive maintenance program. Our unique approach is a holistic and data driven approach to identify, prioritize, and act on your BMS, HVAC Equipment, and the Network that interconnects them (End-to-End) to drive outcomes for your organization. Scope of Services Service Agreement Management As a valuable customer we have assigned a service operations team to support the following activities: • Plan and implement the service schedule • Regularly review past performance and upcoming services • Quality Assurance: Through implementation of our Quality Assurance process, Siemens will help to ensure that we deliver quality service. We will discuss our performance and your satisfaction with the quality of service that is being provided under the Agreement. We can discuss recommendations for changes in the service program to better meet your changing needs. We also augment this program with periodic customer satisfaction surveys of your key staff members. BMS Health Optimize the health of the building management system by automating maintenance diagnostics reports to target and prioritize remote and onsite service Software Subscription Service — Desigo CC Siemens will provide you with software upgrades to your existing Siemens Desigo CC software as they are released. These upgrades include both Service Releases and all New Version Releases of Software, up to the Frequency shown in the Equipment Related Services table. Siemens will also provide corresponding support documentation outlining the features of the releases. Included is training to help to familiarize you with the new features along with their associated benefits. These updates will act to deliver the benefits of Siemens' Page 6 of 17 SIEMENS commitment to compatibility by design, a commitment unique in our industry. Workstations covered under this service are itemized in the List of Equipment Related Services. (Upgrades to PC's and related workstation hardware are excluded unless expressly included in this Agreement.) This service shall be performed onsite (1) time per year for CSID 49903. Included is onsite labor for the installation of software updates, patches and enhancements. This service supports the existing (2) user licenses a quantity of 2,600 building automation points to ensure your Desigo CC software will be current and up to date. Note: Remote Notification is currently included in your Desigo CC license feature set. Please discuss setting up the appropriate contact details & alarm parameters for this feature with your client services manager. Additional Services Control Loop Tuning Control loops drift out of calibration with changes in mechanical efficiency, building use, and climatic conditions. Through this service Siemens will ensure control loops for devices such as valves, dampers, actuators, etc., experience minimized overshooting and oscillatory behavior. The control loops to be included as part of this service are itemized in the List of Equipment Related Services in this service agreement. Included in this service agreement is field technician support to perform loop tuning on 16 control loops annually, loop priority to be determined by customer and Siemens technician at time of service. Data Backup and Restore Services Siemens will perform scheduled database backups of your workstation database and graphics and/or field panel databases and provide safe storage of this critical business information. If, for any reason, any of the backed-up information or data is lost from your system, Siemens can reload the information or data on-site or remotely, with your backup copy(if covered elsewhere within this service agreement). The equipment to be included as part of this service is itemized in the List of Maintained Equipment in this service agreement. Included in this service agreement are quarterly database back ups, not to exceed four (4) per period of performance. Onsite field technician shall perform this task during customer directed support visits. Software Maintenance Using appropriate tools from Siemens' suite of diagnostic tools, we periodically perform system diagnostics and then take corrective actions to ensure that the Building Automation System is performing at peak efficiency or to customer requirements. We make sure that software changes are clear and consistent, address any failed points, points in alarm, points in operator priority and take corrective action. We identify and correct software corruption and inconsistencies; eliminate duplicate points, redundant loops and causes of unnecessary traffic; and address unresolved points and alarm reporting problems. This will ensure that the system operates quickly, accurately and efficiently as originally designed and installed or as determined by current standards or requirements. Page 7of17 SIEMENS Included in this service agreement is field technician support to perform server software maintenance (2) times annually. Customer Directed Support With Customer Directed Support, Siemens will provide a trained and experienced specialist or technician who will work under your direction. The intent of this service is to offer you labor assistance in completing a special project, or to meet a facility objective. Specific job responsibilities, goals, work hours and other associated deliverables of this service are listed in the Appendix section of this service agreement. Included in this service agreement is field technician support to perform up to four(4) days of customer directed support during the period of performance not to exceed (32) hours. The hours included are estimated at standard working time rates. Page 8of17 SIEMENS Emergency Response Times - Automation Emergency Online/Phone Response Standard Monday through Sunday, 24 Hours per Day, System and software troubleshooting and diagnostics will be provided remotely to enable faster response to emergency service requests and to reduce the costs and disruptions of downtime. Siemens will respond within 4 hours, Monday through Sunday, 24 hours per day, excluding Holidays, upon receiving notification of an emergency, as determined by your staff and Siemens. Where applicable, Siemens will furnish and install the necessary online service technology to enable us to remotely access into your system, through a communications protocol (internet connection or dedicated telephone line) that will be provided by the facility. Where remote access is not available to the system, Siemens will provide phone support to your staff to assist in their onsite troubleshooting and diagnosis. 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. Emergency On-site Response Standard Monday through Sunday, 24 hours per day, Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond onsite at your facility within the next business day, Monday through Sunday, 24 hours per day, for emergency conditions, as determined by your staff and Siemens. Response on Holidays is excluded from this coverage. Non-emergency conditions, as determined by your staff and Siemens, may be incorporated into the next scheduled service call. Page 9of17 SIEMENS Connectivity and Communications Siemens Service Portal The Service Portal complements the personalized services you will receive from your local Siemens office by providing greater visibility into equipment and services delivered by Siemens. This web-based portal allows you the ability to submit service requests, confirm and modify schedules, track repairs, manage agreements, generate reports, and access critical information; then share it across your entire enterprise quickly and efficiently. The Service Portal is a user-friendly way to increase your productivity and the value of your service program. Data security as a basic requirement We value confidentiality and long-term partnerships. That is why we give the security of your data the highest priority. Before we implement an enhanced service package with remote support, we conduct an in- depth analysis of the situation, taking into account national and international regulations, technical infrastructures and industry specifics. Our service employees carefully evaluate your needs on an individual basis with a view toward information security. Page 10 of 17 SIEMENS Service Agreement Contract Characteristics Description AUTOMATION Hours of Coverage 24 x 7 Response Times(Phone/Online) 4 Hours Response Times(Onsite/Emergency) Next Business Day Remote Services Yes Third Party Systems No Monitoring No Additional Labor Discount 20.0% Additional Material Discount 60.0% Labor and material discounts are applicable for sites identified in this agreement and are only available for the disciplines included in this agreement. Material discounts do not apply to 3rd party or non-Siemens Building Products manufactured components. Page 11 of 17 SIEMENS General Services IService Description Qty Frequency Period Software Subscription Service- Desigo CC 1 1 1, 2 Customer Directed Support-Straight Time (days) 1 4 1, 2 Software Maintenance 1 2 1, 2 Data Backup and Restore Services (during onsite visits) 1 4 1, 2 Control Loop Tuning 16 1 1, 2 Page 12 of 17 SIEMENS Service Team An important benefit of your Service Agreement derives from having the trained building service personnel of Siemens Industry, Inc. familiar with your building systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system. Added to the team is a team of building experts at our Digital Service Center. The benefits you receive are less disruption to your employees at the site, less intrusive on the system at peak hours, fewer emissions for trucks rolled, and real time analytics with digital workspace hours. The following list outlines the service team that will be assigned to the service agreement for your facility Your Assigned Team of Service Professionals will include: Sales Executive manages the overall strategic Remote Services Specialist is responsible for the service plan based upon your current and future execution of remote services including proactive service requirements. planned tasks, in-depth fault analysis and identification of corrective actions. Joe Tomola: 425-233-4828 Client Services Manager is responsible for Service Operations Manager is responsible for ensuring that our contractual obligations are managing the delivery of your entire support delivered, your expectations are being met and program and service requirements. you are satisfied with the delivery of our services. Service Coordinator is responsible for Primary Service Specialist is responsible for scheduling your planned maintenance visits, and performing the ongoing service of your system. handling your emergency situations by taking the appropriate action. Secondary Service Specialist who will be Service Administrator is responsible for all familiarized with your building systems to provide in-depth backup coverage. service invoicing including both service agreement and service projects. Page 13 of 17 SIEMENS Terms and Conditions Terms and Conditions (Click to download) Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU, CMAI, COMEX market indexes or IHS Markit, then Siemens may increase the applicable yearly Investment or apply a surcharge accordingly. As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. To the extent applicable, the following Rider(s) are incorporated and made part of the Siemens Standard Terms and Conditions: illiders (Click on rider below to download) Page 14 of 17 SIEMENS Agreement Terms for Investments Services shall be provided at: 220 4THAVE SOUTH KENT, WA 98032 Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the associated terms and conditions contained within. Duration (Initial Term and Renewal):This Agreement shall remain in effect for an Initial Term of 2 Periods beginning October 1, 2024. The Investments for each year after the Initial Term of the Agreement and each year of each renewal of this Agreement shall be determined as the immediate prior year's Investment plus an escalator of 5.5% or as allowed per this proposal. In addition, each renewal term pricing shall be adjusted for any additions or deletions to services selected for the renewal term. Initial Term Investments: teriod I Period Range Billing Frequency Quarterly Bill Annual Price 1 Oct 1,2024-Sep 30,2025 Quarterly(In Advance) $7,548.00 $30,192.00 2 Oct 1,2025-Sep 30,2026 Quarterly(In Advance) $8,007.00 $32,028.00 Multi-Period Investment Total $62,220.00 Amount Due In Advance Based On Billing Frequency Applicable sales taxes are excluded from the Investments. The pricing quoted in this Proposal is firm for 30 days. Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. Page 15 of 17 SIEMENS Signature Page The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter. BY EXECUTION HEREOF,THE SIGNER CERTIFIES THAT(S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN,AND THAT(S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER. Initial Term Investments Period Period Ranqe W11111 Billing Frequency Annual Price 1 Oct 1,2024-Sep 30,2025 Quarterly(In Advance) $30,192.00 2 Oct 1,2025-Sep 30,2026 Quarterly(In Advance) $32,028.00 Proposed by: Accepted by: Siemens Industry, Inc. CITY OF KENT Company Company Joe Tomola Name Name (Printed) 8940048 Proposal # Signature $62,220.00 Proposal Amount Title July 30, 2024 Date Date Purchase Order# ❑PO for billinglpmnt only ❑PO not required Page 16 of 17 SIEMENS Siemens Service Portfolio Advisory and Performance Services SIEMENS k. jM 812 1 09.� 5� 3 5 Serrlros that keep systarns performing mu• LayeraW past lrwestmpntsandaddros5 tncr.as.lh.sa I-ar,,k—peu4wen— at dial,b.L aw d.,Iu n.d and Ir1w.&d lrnrw m*n.�n[Fr wrvi Rut Infrna•• futum mqufr. m wnhadvancvdand Or b.Ildkng5 and lnffanructufa by dolarannq Ip Operate,hole you Achim: VVo Lpvty a nd a rftaallry,ralr,fl,t:n pfeven t.Khna",to arhWw vv" • [Spumized cpmrort.safoly,and sYcullty cutsnmas"dud.- outcoases sorbas: sPI.n- . neirgy • fulfilled ragulatoryrcqulre .ks • inI]enmd5ylt..pa rfafman[a • Utendad syttem111, • MaY mtr aftf(Ienry • G...tar ltanipam y Im.[nuns[Wy tams • jnf.am lravrF op.,art vrurprayssei • faa,l In Lbd r Ornen lrNawimanl • MLnlmlln gpaallrlq Com • F"veod aper4tl�g III% • Irnw..d l-hmn rnAmp lh,n,rp>V da[a • ILuallr ed t -OhIs M nraar l.cMvin9Y • Re duos PnvrfvnnWntal Impact a nary tic+ Factl lty Assessm.n L5 Punning T.chndogy Fu..1 p Energy ASuuahtebHlgr M-1.r penning In dapnh buddrng system asar"N t and OFII'+lralia-n Y,an,sbsd CpfsSyh;nq fefY,fef itledrlfy;ethaabgy St dtl gyend prannrnq si ry,sei prgype A recprnmersd.6-%de.ln ion of r.lwant KPos, Planning and p6*hiva c1on dr rrVrmrnont fmpn mentapportunitias mat h.lp ach6mv delg�wjior plan to prav;da hudgat and des�idpMehl df your i,NsZi pfdgrwo rneawres to iK...building andf.r process serhTrmance gawk while Iwe+aging past perf.rrWCe and eHkio-fws InWSrmenz and Mrartcy,ert.IQd1Xpra@d p Conk afltp Test L Inspallon and susminabil;(y,reduce erae,t�r(w•canptron, pe Wu ckeck ups W Me—system � System updatasf lappfad.s and minimize operational costs perrormarren compared to your dehned Tjohry Systems are and sled and mafulofad to 5d1fwere upgretlpSaM fi.nwera bp&w Errefgy C(MSm wn and regulation Wuirem.nlsand asks doelcr 6tuldrmahr1a5 or Taull(Wllh Ora PnmANk d.deliver"t}q m(ln cufront mcommondalp p,-kWdaldfvr mrrec[iva tachnNogy and Iu borWIW riduies 661T ennr$r Cansafvatlm stramgias praYontlye 5ervl[pa potions laden redures total carbon emaskcn ihrougr, Seums p&rfofnwd Ott af0}4fdr Schad.ar sysae m 6llgrat1 en r MeeamRallan 4fh(ra" ,"Su!"and rnWrCBs(rnengy based-data enatyba to verity and r up e : :ie in!motel,n n ts$Irlknsr:MJe Enhanunwnu toyour systems by eka tiog spend byapUrrrWmg eoaew V— SYtivmstbtu Enhanma m at additknft to your-sent them To ME MW fWMnt aardwaat anlf ErWO Rovuct6m drSlefege wswm to lfluaw slarr pwoduu mly.Worn soflwal.planiocm resulting in irxr.asad ucl nrwratwe do n and simerlation UL ft D4 umenlallwhhnap.menr nqs W Africk afro,andapeealiornpanergy iurxtipnali Cy and p.rlo,marste iWa7s Mfnegem.711 of rr11 Kan huddrng Sy17.m and �fti'�fl.�s arteRjy pradu[lloh and storage ipNllafl5 cflmplarlde information,wish mgwni:atiwl and Rafrnlns a pxmnstnns Imix(k.energy a rnciency-energy avaaf wky. erns,d-puH-Ined by yo r mods Trurung 8l]po rd.7nal Sup lw M dirica6-1 am mad.lv ea mling sysletrts s arltyai wpp7,and ca•bon mducbm 7}aWrvp coadMng,and owslw-pp.-I tp To accomntadam changes to your fanlny Env V+oCuf_ml COrracllve Sere IrKwasastatfprad"Witpand HnoYh ledge .sage and 1patpriM *111h adva(rra Arpcureman[ Ws and I IrllraedialE raspama to syslem}allures or tvrFvlalof� ladlt5 to fe5tpre funcnonaYty and lnrepy Rtin.i,l c:$+l,'.,iF�: New rnsihltatFdn 54rvkcat benortwl conlracl term;Uvt etailwed I o dashed stab 9tr5ika aradlpf remote lower(ef mOnnar Saartup,mmmis5krl,ng,and eehef Instariallm pnMniemonn a no5upply."Kos'coots Cm% ysmm Lmau and alarm;and Lab s icesarec nnpkrled to emu re new red"nsLX,and crsau:canainty apprnpow.xd_ egvlpmenr operarea at max,mum pelfernlaMP 1 - Page 17 of 17 Exhibit B Insurance Requirements Insurance Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true 'following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all 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 claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. A DATE(MM/DDIYYYY) ��"® CERTIFICATE OF LIABILITY INSURANCE 08/27/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. NAME: Marsh USA Inc. PHONE FAX 445 SOUTH STREET (A/C,No Ext: A/C No), MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102147003-RAM-PPAPL-23/24 4433 SOUSA 1185 NOC60 INSURERA: HDI Global Insurance Company 41343 INSURED SIEMENS INDUSTRY,INC. INSURER B: Travelers PropeIly Casualty Co.of America 25674 1000 DEERFIELD PARKWAY INSURER C: Travelers Casualty&Surety Company 19038 BUFFALO GROVE,IL 60089-4513 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-011206328-08 REVISION NUMBER: 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110115 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO TED CLAIMS-MADE Ix OCCUR PREMISES (E.occurrence) lccurrrence) $ 1,000,000 MED EXP(Any one person) $ 100,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY JE� LOC PRODUCTS-COMP/OP AGG $ INCL OTHER: I $ B AUTOMOBILE LIABILITY TC2J-CAP-7440L34A-TIL-23 10/01/2023 10/01/2024 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ N/A X OWNED SCHEDULED BODILY INJURY(Per accident) $ N/A AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ N/A A X UMBRELLALIAB X OCCUR CUD11102-15 10/01/2023 10/01/2024 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ B WORKERS COMPENSATION UB-8P83929A-23-51-K(AOS) 10/01/2023 10/01/2024 X STATUTE OER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ H AND EMPLOYERS'LIABILITY C Y/N N/A UB-8P79233A-23-51-R(AZ,MA,W) 10/0112023 10/01/2024 1,000,000 OFFICER/MEMBER EXCLUDED? El B (Mandatory in NH) TWXJ-UB-7440L338-23(OH) 10/01/2023 10/01/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under """""""$500K LIMIT/$500K SIR""""""" 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EOD5618804 10/01/2011 10/0112124 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:CITY OF KENT BAS MIGRATION PROJECT-2600146060. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 4TH AVENUE S. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KENT,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102147003 LOC#: Morristown ACOOR o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,LLC. SIEMENS INDUSTRY,INC. 1000 DEERFIELD PARKWAY POLICY NUMBER BUFFALO GROVE,IL 60089-4513 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE:CITY OF KENT BAS MIGRATION PROJECT-2600146060. CITY OF KENT IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE&OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY&NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY. PER PROJECT AGGREGATE APPLIES. EMPLOYERS LIABILITY COVERAGE IS PROVIDED IN OHIO,NORTH DAKOTA,WASHINGTON,WYOMING AND PUERTO RICO IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICY NUMBER: ISSUE DATE: - - TC2J-CAP-744OL34A-TIL-23 09 29 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name 01 Person(s) Or Organiza#ion(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED TO ADD AS ADDITIONAL INSURED, BUT ONLY TO COVERAGE AND MINIMUM LIMITS REQUIRED IN A WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is ered Autos Liability Coverage in the Business Auto an "insured" for Covered Autos Liability Coverage, but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2. of Section I - Covered Autos Coverages of the as an "insured" under the Wh❑ Is An Insured provi- Auto Dealers Coverage Form. sion contained in Paragraph A.1. of Section II - Cov- CA 20 48 10 13 Oc Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: GLD1110115 COMMERCIAL GENERALLIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc.,2008 Page 1 of 1 0 NAMED INSURED: SIEMENS CORPORATION POLICY EFFECTIVE: 10/01/2023 TO 10/01/2024 TRAVLLIERSJ WORKERS COMPENSATION AN❑ EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: UB-BP83929A-23-51-x WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover ❑ur payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person ❑r organization named in the Schedule. (This agreement applies ❑nly to the extent that you perform work under a written contract that requires you to ❑btain this agreement from us.) This agreement shall not operate directly ❑r indirectly to benefit any ❑ne not named in the Schedule. SCHEDULE DESIGNATE❑ PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 08-03-23 ST ASSIGN: POLICY NUMBER:GLD1110115 COMMERCIAL GENERAL LIABILITY CG 20 1011 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORMA B) This endorsement modifies insurance provided under thefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person orOrganlzation: Any Person or Organization Required by a WrittenGontract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown inthe Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to,and not contribute with any insurance or self-insurance maintained by the above, but only with respect to work performed by or on behalf of the Named Insured. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 a POLICY NUMBER:GLD1110115 IL SU 4004(10-10) HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name,Address and E-Mall Address ofdther Person(s)l Organlzatlon(s): Number of Days Notice: Per schedule on file with the Company. 60 Days,or as required by contract, whichever is less (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) I. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium,we shall endeavor to mail,e-mail or deliver a copy of such written notice of cancellation to the person(s)or organization(s)shown in the Scheduleabove. II. A copy of the notice, per paragraph I.above,will be mailed,e-mailed or delivered: 1. To the appropriate addresses corresponding to the person(s)or orgenization(s)shown in the Scheduleabove; and 2. The number of days required for notice of cancellation, as provided in paragraph A.2.of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. III. Our failure to provide such advance notification to the person(s)or organization(s)shown in the Schedule ofthis endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. All other terms and conditions of this policy remain unchanged. Page'I of 1 IL SU 4004(10-10) POLICY NUMBER: GLD1110115 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project�sj: All construction projects as required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or obligated to pay as damages caused by "occur- c. Persons or organizations making claims or rences" under Section I—Coverage A, and for ail bringing "suits". medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds: CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 3 0 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the ❑esignated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the ❑eclarations nor shall they reduce any other ❑esignated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the ❑eclarations for Each Occurrence, Damage T❑ Premises Rented T❑ You and Medical Expense continue to apply. However, instead ❑f being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable ❑esignated Construction Project Gen- eral Aggregate Limit. Page 2 of 3 0 Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the ❑esignated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical ❑. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any ❑esig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits ❑f Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 3 of 3 0 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident" or "loss", provided that the unless modified by the endorsement. "accident" or "loss" arises out of the operations Paragraph 5. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Against Others To Us of the CONDITIONS section plies only to the person or organization desig- is replaced by the following: nated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 0 2008 The Travelers Companies, Inc. Page 1 of 1 Signature: Signature: Kent Parks 16,20 Email: nharper@kentwa.gov Email: parkscontracts@kentwa.gov Signature: 8ria��Brian Levenhagen(Aug 21,20 O&42 PDT) Email: bjlevenhagen@kentwa.gov FAC-08052024-Siemens-Service Contract Final Audit Report 2024-08-21 Created: 2024-08-15 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAABYxUO4VyKaTJtZ_JaAR4AOn-pNorP9YF "FAC-08052024-Siemens-Service Contract" History Document created by Leah Bryant(Ibryant@kentwa.gov) 2024-08-15-10:04:01 PM GMT Document emailed to nharper@kentwa.gov for signature 2024-08-15-10:06:02 PM GMT Email viewed by nharper@kentwa.gov 2024-08-16-2:08:43 PM GMT C:'Q, Signer nharper@kentwa.gov entered name at signing as Nathen C. Harper 2024-08-16-2:10:07 PM GMT �} Document e-signed by Nathen C. Harper(nharper@kentwa.gov) Signature Date:2024-08-16-2:10:09 PM GMT-Time Source:server Document emailed to joe.tomola@siemens.com for signature 2024-08-16-2:10:14 PM GMT Email viewed by joe.tomola@siemens.com 2024-08-16-3:49:21 PM GMT Document signing delegated to Matt Smart (matthew.smart@siemens.com) by joe.tomola@siemens.com 2024-08-16-3:50:31 PM GMT Document emailed to Matt Smart (matthew.smart@siemens.com)for signature 2024-08-16-3:50:32 PM GMT Signer joe.tomola@siemens.com entered name at signing as Matt smart 2024-08-16-4:18:19 PM GMT �} Document e-signed by Matt smart(joe.tomola@siemens.com) Signature Date:2024-08-16-4:18:21 PM GMT-Time Source:server Powered by r � Adobe T Acrobat Sign �'-. Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2024-08-16-4:18:26 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-08-16-4:48:31 PM GMT Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2024-08-16-4:50:49 PM GMT-Time Source:server �. Document emailed to bjlevenhagen@kentwa.gov for signature 2024-08-16-4:50:52 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-08-21 -3:41:59 PM GMT 6�4 Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-08-21 -3:42:19 PM GMT C Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-08-21 -3:42:21 PM GMT-Time Source:server Q Agreement completed. 2024-08-21 -3:42:21 PM GMT Powered by r � Adobe T Acrobat Sign