HomeMy WebLinkAbout25C - AGMT - HVAC MAINTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2020
TITLE
APPROVE AN AGREEMENT
WITH SIEMENS INDUSTRY, INC.
FOR HVAC AND LIGHTING CONTROL
SYSTEMS MAINTENANCE IN AN AMOUNT
NOT TO EXCEED $661,659 FOR A FIVE-
YEAR TERM
(NON -GENERAL FUND)
/s/ Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2i1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for HVAC and
lighting control system maintenance beginning July 1, 2020 to June 30, 2023, with provisions for
two one-year extensions exercisable by the City Manager and City Attorney, in the amount of
$286,659 with a $375,000 contingency, for a total amount not to exceed $661,659, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 5, 2015, the City Council approved the execution of a three-year agreement, with
provisions for two one-year extensions with Siemens Industry, Inc. to provide HVAC and lighting
control technical support on Siemens' proprietary building systems. The agreement will expire on
June 30, 2020 and staff recommends approval of another agreement with Siemens Industry, Inc.
in order for Siemens to continue providing technical support for their proprietary building automation
control systems that regulate HVAC equipment and lighting at City Hall, Ross Annex, Ross Annex
garage, Main Library, City Yard, El Salvador Center and the Santa Ana Regional Transportation
Center.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy C (invest resources and technology to extend the service life of existing
infrastructure to protect the City's investment and support a high quality of life standard) and
Strategy G (develop and implement the City's Capital Improvement Program in coordination with
the Community Investment and Deferred Maintenance Plans).
25C-1
Agreement with Siemens Industry, Inc.
June 2, 2020
Page 2
FISCAL IMPACT
Funding for this agreement will be budgeted and available for expenditure in the following accounts:
FISCAL
ACCOUNTING
FUND
ACCOUNTING UNIT,
AMOUNT
YEAR
UNIT -ACCOUNT
DESCRIPTION
ACCOUNT DESCRIPTION
NUMBER
AGREEMENT 3-YEAR TERM
2020-21
07317100-62300
Building
Building Maintenance, Contract
$128,993
Jul — June
Maintenance
Services -Professional
2021-22
07317100-62300
Building
Building Maintenance, Contract
$130,613
July —June
Maintenance
Services -Professional
2022-23
07317100-62300
Building
Building Maintenance, Contract
$132 282
July —June
Maintenance
Services -Professional
TOTAL
$391,888
OPTIONAL EXTENSIONS
2023-24
07317100-62300
Building
Building Maintenance, Contract
$134,001
June - July
Maintenance
Services -Professional
2024-25
07317100-62300
Building
Building Maintenance, Contract
$135,770
June —July
Maintenance
Services -Professional
GRAND TOTAL
$661,659
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Exhibit: 1. Agreement
25C-2
DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
EXHIBIT 1
AGREEMENT TO PROVIDE HVAC AND LIGHTING CONTROLS
TECHNICAL SUPPORT AND MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into on June 2, 2020 by and between Siemens Industry,
Inc. ("Contractor"), 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 ("City").
RECITALS
A. The City desires to retain a contractor to provide HVAC and lighting controls
technical support and maintenance services for City facilities.
B. City and Contractor previously entered into Agreement No. A-2015-078, dated
May 5, 2015, by which Contractor provided such services. That agreement expires
on June 30, 2020.
C. City and Contractor desire to enter into another agreement to provide continuity of
these services and because the respective systems are proprietary in nature.
D. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting 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
Contractor shall perform the services described in the scope of work that is included in
Contractor's proposal, a copy of which is attached as Exhibit A and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services
under this Agreement, the rates and charges identified in Exhibit A. The total sum
to be expended under the term of this Agreement, including any extension periods,
shall not exceed $661,659. This sum is comprised of: (1) the following annual base
amounts and (2) an annual contingency in the amount of $75,000 for additional
services at the City's sole discretion.
Year l:
$53,993
Year 2:
$55,613
Year 3:
$57,282
Year 4:
$59,001 (if extended)
Year 5:
$60,770 (if extended)
DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on July 1, 2020 and terminate on June 30, 2023, unless
terminated earlier in accordance with Section 17, below. The term of this Agreement may be
extended for two 1-year periods upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. Ifthe services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
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Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Contractor agrees
to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
contractor, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section I of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor.
9. INTELLECTUAL PROPERTY ]INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
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product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
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DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Siemens Industry, Inc.
6141 Katella Ave
Cypress, CA 90630
Attn: Vincent Makuch
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other instrument
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
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DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERNIINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRINIINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
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DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
CITY OF SANTA ANA
Kristine Ridge
City Manager
APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO
City Attorney
DocuSigned by:
7"
By: o � . CF,.Gw
ecoeeasaeFozaao_.
Min M. Funk Name: Julie Slick
Assistant City Attorney Title: Sales Manager
Nabil Saba
Executive Director
Public Works Agency
215C4 1 U
DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
SIEMENS EXHIBIT A
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PROPOSAL
2019 Renewal Service Agreement Proposal - City of Santa Ana
PREPARED BY
Siemens Industry Inc. - Los Angeles Branch
Automation Service Team
PREPARED FOR
Phil Neff, Building Maintenance Supervisor
DELIVERED ON
April 27, 2020
a i;
J-b
DocuSign Envelope ID: D4193A34-E6C4-4761-996E-B77B3804F2ED
SIEMENS
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Table of Contents
ProposalInformation..................................................................................................................
3
ExecutiveSummary ....................................................................................................................
3
CustomerObjective....................................................................................................................
4
Preferred Customer Service Agreement Benefits.........................................................................
4
Siemens Capabilities & Customer Commitment..........................................................................
4
The Vision for Our Approach.......................................................................................................
4
OurService Approach.................................................................................................................
5
YEAR 01 — 2019/2020.............................................................................................................
5
YEAR 02 — 2020/2021.............................................................................................................
5
YEAR 03 — 2021 /2022.............................................................................................................
5
Scopeof Services........................................................................................................................
6
EMERGENCY RESPONSES.........................................................................................................
6
TECHNOLOGY AUDIT...............................................................................................................
7
HVAC CONTROL SERVICES — AUTOMATION..............................................................................
7
HVAC CONTROL SERVICES — MECHANICAL...............................................................................
9
TRAINING................................................................................................................................
9
CONTINGENCY FUNDS............................................................................................................
9
Service Implementation Plan....................................................................................................
10
CONNECTIVITY......................................................................................................................
10
SERVICE AGREEMENT CONTRACT CHARACTERISTIC................................................................
10
SIEMENS SERVICE PORTAL.....................................................................................................
10
MaintainedEquipment.............................................................................................................
11
ServiceTeam............................................................................................................................
12
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SIEMENS
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Proposal Information
Date: April 27, 2020
Proposal #: 4081535
Sales Executive: Vincent Makuch
Branch Address: 6141 Katella Ave, Cypress, CA 90630
Telephone: (657) 465-0743
Email Address: vincent.makuch@siemens.com
Customer: City of Santa Ana
Customer Contact: Phil Neff
Telephone: (714) 719-2526
Email Address: pneff@santa-ana.org
Services shall be provided at
1. City Hall: 20 Civic Center Plaza, Santa Ana, CA 92701
2. City Yard: 122 N Newhope St, Santa Ana, CA 92703
3. Library- Main: 26 Civic Center Plaza, Santa Ana, CA 92701
4. Library- Newhope: 220 S Daisy Ave, Santa Ana, CA 92703
Workstation(s) located at
1. City Hall: 20 Civic Center Plaza, Santa Ana, CA 92701
Scope of Work: (Detailed Scope of Services on following pages)
Pricing Option: 3-Year Service Agreement with 2x 1-Year Options
Year 1 07/01 /2020 to 6/30/2021 $53,993.00 (12-month renewal)
Year 2 07/01/2021 to 6/30/2022 $55,613.00 (12-month renewal)
Year 3 07/01/2022 to 6/30/2023 $57,282.00 (12-month renewal)
Year 4 07/01 /2023 to 6/30/2024 $59,001 .00 (Optional 12-month extension)
Year 5 07/01 /2024 to 6/30/2025 $60,770.00 (Optional 12-month extension)
Includes Tax: Yes (On any material needed to maintain your system)
Executive Summary
City of Santa Ana has made a significant investment in its infrastructure and its complex technical
systems which are critical to the profitability and productivity of their overall business. This
proposed service solution, our Service Agreement, will proactively serve to protectthat substantial
investment through a program of planned service tasks by our trained technical staff.
This Service Agreement has been specifically developed to support the City of Santa Ana's unique
facility, and the services provided herein will help in achieving the facility goals.
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SIEMENS
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Customer Objective
The renewal of services that Siemens Industry, Inc. ("Siemens') has provided in this Service
Agreement has been specifically designed for the City of Santa Ana in order to meet their unique
business needs. The top priority business needs were identified and agreed to in a series of
discussions with City of Santa Ana and their teams.
City of Santa Ana has Siemens controls that requires maintenance, updates and upgrades from
time to time. The City of Santa Ana requires Siemens' factory trained staff to provide preventive
maintenance, facility staff directed support, training and to help protect the investment in Siemens
systems within the facility.
Preferred Customer Service Agreement Benefits
• Comfortable employees & building occupants
• Discounted software upgrades (Insight has reached its End of Life & Desigo will replace it)
• Discounted online support rate (approx. to%discount)
• Discounted labor rate (approx. to%discount) and materials rate (60%discount)
• Discounted customer training
• Preference for onlinelonsite support over non -service agreement customers
• Hands on Preventive Maintenance by factory trained Siemens specialists
• Protects initial investment and minimizes energy & operational costs
• Minimizes downtime
• City facility staff interaction with dedicated Siemens specialists
• Dedicated account management team
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.
The Vision for Our Approach
This agreement will serve as the cornerstone of a relationship whereby Siemens assists City of
Santa Ana to create an ideal atmosphere for the occupants and employees in a highly efficient
manner with exceptional quality and comfort outcomes. With the City of Santa Ana's aging
infrastructure, it is important to keep a close eye on the equipment (Controls System & HVAC) to
minimize failures. We have set forth a phased plan to upgrade the system over the initial term of
this agreement.
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SIEMENS
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Our Service Approach
At any given time, HVAC equipment within a facility can account for approximately 40% of the
energy expenditures in that facility and requires continuous attention to maintain the comfort
levels. Our Minimum Scheduled Visits are as follows:
YEAR 01 — 2020/2021
Automation
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1 1 1 1 1 1 1 1 1 1 1 1
Mechanical
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1 1 1 1 1 1
During year two the contract will resume its regular maintenance schedule.
YEAR 02 — 202112022
Automation
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1 1 1 1 1 1 1 1 1 1 1 1
Mechanical
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1 1 1 1 1 1
During year two the contract will resume its regular maintenance schedule.
YEAR 03 — 2022/2023
Automation
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1 1 1 1 1 1 1 1 1 1 1 1
Mechanical
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
1 1 1 1 1 1
During year three the contract will resume its regular maintenance schedule.
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Scope of Services
The Service Offering proposed in this agreement are specifically designed for City of Santa Ana to
meet the mutually agreed upon:
1. EMERGENCY RESPONSES
2. TECHNOLOGYAUDIT
3. HVAC CONTROL SERVICES — AUTOMATION
4. HVAC CONTROL SERVICES — MECHANICAL
5. TRAINING
EMERGENCY RESPONSES
Phone Number to Call: 800-806-0886
You may place a service call to the above phone number if the facility you are calling about has
previously been setup in our system.
Emergency Online/Phone Response
Billable Service: 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 2 hours, Monday through Sunday, 24 hours per day,
including Holidays, upon receiving notification of an emergency, as determined by your staff and
Siemens. Siemens will furnish and install the necessary online service technology to enable us to
remotely dial into your system, through a 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.
Emergency On -site Response
Billable Service: 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 4 hours for critical emergencies,
or within 8 hours for non -emergency conditions, Monday through Sunday, 24 hours per day,
including Holidays, upon receiving notification of an emergency. Critical emergencies, as
determined by your staff and Siemens, are failures at a system orponel level that would result in
the loss of the operation of an entire section of a building or place the facility at high risk. Non -
emergency conditions, as determined by your staff and Siemens, are failures at an individual
component level resulting in minimal impact to the overall operation of the facility. Non -
emergency conditions, as determined by your staff and Siemens, may be incorporated into the
next scheduled service call.
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TECHNOLOGY AUDIT
To ensure that your HVAC Control System meets your changing needs, Siemens Sales Executive
will review your system, evaluating the current use of your HVAC Control System and what may
have been changed or been modified in your daily facility operation that impacts the effectiveness
of the system. Siemens will review applicable building control technologies, suggest possible new
strategies or technologies that could be implemented to enhance your current system, and
consider what changes, enhancements and/or upgrades should be made to facilitate your future
plans. In addition, recommendations may be made about adding and/or modifying applications,
sensors, points, panels and/or software where needed to improve building operation and
performance. Once the review is completed, a written report of the findings and
recommendations will be submitted during a scheduled meeting.
HVAC CONTROL SERVICES — AUTOMATION
The service agreement includes:
Preventive Maintenance
Siemens will be provided in accordance with a program of routines as determined by our
experience, equipment application and location. Automation controls can drift out of calibration
with changes in HVAC component performance characteristics, building use, and climatic
conditions. This service will extend equipment life, reduce energy consumption, and reduce the
risk of costly and disruptive breakdowns.
Based on the site requirement, site conditions and equipment present at the site, some of the tasks
performed during preventive maintenance include the following:
• Visually Inspect cabinet and observe operating environment
• Check Diagnostic LEDs and electrical wiring and tighten loose connections
• Identify overridden HOA Switches
• Review with the customer before attempting to change/correct
• Verify supply air pressure to the panel, if applicable
• Pinch branch line and checkfor leaks (Pressure drop), if applicable
• Check for air leaks and oil or water contamination
• Ensure all wiring and tubing is dressed properly
• Secure all loose components in panel
• Clean as necessary
Note: The tasks mentioned above are generic tasks. All the above tasks may or may not be performed
based on the equipment maintained at your facility.
• The equipment to be included as part of this service, is itemized in the List of Maintained Equipment
in this service agreement
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Data Protection & Data Recovery Services
Siemens will perform scheduled database back-ups of your Server database & graphics and 1 or
field panel databases and provide safe storage of this critical business information. Should a
catastrophic event occur, we will respond onsite (or online if such service is included in this service
agreement) to reload the databases and system files from our stored backup copy, to restore your
operation as soon as possible.
The equipment to be included as part of this service, is itemized in the List of Maintained
Equipment in this service agreement
Software Maintenance
Siemens will address any programming errors, failed points, points in alarm, unresolved points or
points in operator priority, both at the front-end workstation and at the field panel. We will
perform this service using onsite visits and 1 or remote services (if applicable).
Customer Directed Support
With Customer Directed Support, Siemens will provide a trained and experienced automation
specialist 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.
Typical scenarios are:
• Providing Operator coaching to help clarify any questions regarding the system functionality
• Providing a specialist to complete special projects at the customer's direction
• Participate in customers evaluation and planning of future expansion and/or change of facility use.
Research and document information required.
• Providing a specialist for a specific period during facility startup I or commissioning, or sometimes
during a re -commissioning of the facility in lieu of regular PM visit.
• Evaluate and recommend where system efficiency may be enhanced, and operation improved.
Automation Service Health Report
The assigned energy engineer will collect the necessary trends from the Siemens Desigo Building
Automation System and perform analysis to look for areas of improvement and areas of energy
efficiency. Siemens will provide a report on the system twice a year to the City of Santa Ana.
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HVAC CONTROL SERVICES — MECHANICAL
The service agreement includes:
Preventive Maintenance
Pneumatic controls can drift out of calibration with changes in mechanical component
performance, building use, and climatic conditions. Siemens will provide preventative
maintenance in accordance with a program of standard routines that include calibration as
determined by our experience, equipment application and location. The equipment included
under this service is itemized in the List of Maintained Equipment in this service agreement.
Customer Directed Support
With Customer Directed Support, Siemens will provide a mechanic or pipefitter who will work
underyour direction. The intent of this service is to offer trained and experienced 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.
TRAINING
Instructor -Led Training for City of Santa Ana Building Maintenance Staff
Siemens recognizes the importance of maximizing the efficiency of your facility systems and
optimizing their functionality. Through training provided by Siemens Industry, Inc., your
organization will lower building costs while enhancing building performance. Your employees
will be able to provide more meaningful analysis of building operations data and build their
professional development with Continuing Education Credits through the Master Operator and
Master Programmer Curriculum.
Preferred Service Agreement discounted price for the City of Santa Ana prices may vary and
there is no training included in this service agreement.
CONTINGENCY FUNDS
Funds for Miscellaneous and Unplanned Issues
The city & Siemens recognizes the importance of maintaining the aging infrastructure of your
facility systems and that there may be unplanned failures that will need to be
attended immediately. There will be $7S,000 allotted per fiscal year in addition to the dollar
amount for the annual services for these unplanned projects and issues that occur.
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Service Implementation Plan
CONNECTIVITY
A secure remote connection to your facility enables Siemens to respond quickly and maintain a
high level of system up -time and performance. Not implemented at this time. Will need to
coordinate with the City IT team.
Remote Capability (CRSP) Maintenance for the City
CRSP isfor Siemens authorized specialiststo remote into the Siemens Building Automation System
at the city, Siemens has set up the necessary software on the BAS workstation on site and ensured
that the BAS can be logged in securely from the Siemens office. This ensures that Siemens can
remotely log in to the Siemens BAS system at the city to provide quicker and more efficient
responses. City of Santa Ana to ensure the city's IT supports CRSP for the duration of the contract
to be able to perform above tasks.
SERVICE AGREEMENT CONTRACT CHARACTERISTIC
Emergency Online/Phone Response 2- hours (Billable)
Response time - onsite for non -emergency Next Scheduled Visit (Billable)
Hours of Service 24 x 7 (Billable)
Window for Call Handling 24 x 7 — Availability to take your call
*Labor and material costs for troubleshooting problems and repairing or replacing components are handled separately. These
costs can be billable or included within your Repair and Replacement Coverage. See List of Maintained Equipment to view your
current Repair and Replacement Coverage.
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 confirm schedules, track repairs, manage agreements,
generate reports, and access critical information; then share itacross your entire enterprise quickly
and efficiently. The Service Portal is user-friendly way to increase your productivityand the value
of your service program.
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Maintained Equipment
Apogee MEC 15
Services (Times per year): Preventative Maintenance (1) -Software Maintenance (1)
Apogee MEC 15
Services (Times per year): Preventative Maintenance (1) - Software Maintenance (1)
Apogee FLN Controller 1
Services (Times per year): Preventative Maintenance
Apogee PXC Modular 3
Services (Times per year): Preventative Maintenance (1) - Software Maintenance (1)
Apogee TEC 168
Services (Times per year): Preventative Maintenance (1)
Apogee Server 1
Services (Times per year): Data Protection & Recovery Services (2)
Valves 25
Services (Times per year): Preventative Maintenance (1) - Inspection (1)
Air Compressors & Dryers Air comp. 3 HP 2
Services (Times per year): Preventative Maintenance (1) - Inspection (2)
Air Compressors& Dryers Air comp. 2 HP 1
Services (Times per year): Preventative Maintenance (1) - Inspection (2)
Air Compressors & Dryers Air Dryer 2
Services (Times per year): Preventative Maintenance (1) - Inspection (1)
Controllers Receiver Controller 1
Services (Times per year): Preventative Maintenance (1) - Inspection (1)
Controllers T-stat 60 Room, Single Pressure
Services (Times per year): Preventative Maintenance (1) - Inspection (1)
Valves & Actuators PRV 1
Services (Times per year): Preventative Maintenance (1) - Inspection (1)
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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.
Vincent Makuch — Account Executive manages the overall strategic service plan
Kat Lindemann — Client Services Manager 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.
Ben Peeples — Service Operations Manager is responsible for managing the delivery of your
entire support program and service requirements.
Pete Valenzuela — Primary Service Specialist is responsible for performing the ongoing service
of your system.
TBD — Secondary Service Specialist who will be familiarized with your building systems to
provide in-depth backup coverage.
TBD — Service Coordinator is responsible for scheduling your planned maintenance visits and
handling your emergency situations by taking the appropriate action.
TBD — Service Administrator is responsible for all service invoicing including both service
agreement and service projects.
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Agreement Terms for Investment
Services shall be provided at:
1. City Hall: 20 Civic Center Plaza, Santa Ana, CA 92701
2. City Yard: 122 N Newhope St, Santa Ana, CA 92703
3. Library- Main: 26 Civic Center Plaza, Santa Ana, CA 92701
4. Library- Newhope: 220 S Daisy Ave, Santa Ana, CA 92703
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
3 Periods beginning 2020-07-01. 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 3%. In addition, each renewal term
pricing shall be adjusted for any additions or deletions to services selected for the renewal term.
Initial Term Investments:
Year 1
07/01 /2020 to 6/30/2021
$53,993.00 (Annually in Advance)
Year 2
07/01 /2021 to 6/30/2022
$55,613.00 (Annually in Advance)
Year 3
07/01 /2022 to 6/30/2023
$57,282.00 (Annually in Advance)
Optional Extension
Periods
Year 4
07/01 /2023 to 6/30/2024
$59,001 .00 (Annually in Advance)
Year 5
07/01 /2024 to 6/30/2025
$60,770.00 (Annually in Advance)
*Amount Due in Advance Based on Billing Frequency
Applicable sales taxes are excluded from the Investments. The pricing quoted in this Proposal are
firm for 30 days.
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