SIEMENS BUILDING TECHNOLOGIES 5 - 2008

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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES /o .~ l -U~ CLERK OF COUNCIL DATE: AUK 1 Z 21308 CONSULTANT AGREEMENT A-2008-158 THIS AGREEMENT, made and entered into this 2°d day of June 2008 by and between Siemens Building Technologies, Inc., California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the energy conservation field including providing professional design, construction and implementation of energy conservation projects. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES 1. ,Consultant shall perform a Comprehensive Energy Analysis (CEA) audit and preliminary engineering assessments of City facilities. City shall assist Consultant's engineering staff with the audit by providing historical energy records, full access to building equipment, accurate occupancy levels, building operating schedules and any other reasonable information necessary to conduct a professional energy audit and final project development. Consultant will provide a CEA and final proposal of suggested energy conservation measures within sixty (60) days of commencement of the energy audit. The Proposal shall include information regarding improvements, both capital and operating, which the City may utilize in order to conserve energy, reduce energy use and lower costs of operating City facilities. The audit will include assessment of current conditions and prediction of future utility use after conservation measures have been implemented. A thorough Cost and Savings analysis will be provided for each suggested improvement implementation. Consultant will review "Rebate" and "Incentive" programs offered by local utilities which may be available and beneficial to the City if suggested improvements are implemented.