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HomeMy WebLinkAbout25O - DESIGN ENGINEERING SERVICES~~ REQUEST FOR _ COUNCIL ACTION E°°"°`°"''~ CITY COUNCIL MEETING DATE: JTJNE 2, 2008 TITLE: DESIGN ENGINEERING SERVICES FOR ENERGY CONSERVATION IMPROVEMENTS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Siemens Building Technologies in an amount of $50,000, subject to non-substantive changes approved by the City Manager and City Attorney to provide final design engineering services for the implementation of energy conservation improvements to City buildings and parks facilities. DlscvssloN The City continues to focus on energy conservation. In 2003 the City completed a comprehensive project that included lighting retrofits, HVAC improvements, window replacements, digital control systems, boiler replacements, installation of variable speed drives and a pool cover. Guaranteed savings for the last four years were $1,335,966. Actual results were even better than originally estimated. The City has saved an additional $359,231 during the past four years and a total of 7,345,576 kilowatt hours of electricity. There are a number of additional improvements that could be completed to have the city systems running at increased levels of energy efficiency. A listing of the proposed projects is attached and includes energy improvements at City Hall, the Police Department, Corporation Yard, Southwest Senior Center, Regional Transportation Center, the Fire Stations, Bowers Museum and at the City's parks (Exhibit 1). Staff developed and solicited a Request for Qualifications from Energy Service Companies that offer engineering and installation of energy improvements. Six firms submitted qualifications. Staff from Parks, Public Works, Finance and Management Services and the City Attorney's office interviewed the top three companies and recommended that Siemens Building Technologies perform these services. 250-1 Energy Conservation Improvements June 2, 2008 Page 2 Siemens has provided the City with a preliminary analysis of the city and park facility improvements at no cost. This proposal identifies needed heating, ventilation and air (HVAC) improvements, HVAC control system modifications, lighting system improvements, digital control systems, and co-generation. In addition the installation of a solar system at city hall and at the corporation yard is being evaluated. These improvements, once implemented will save energy and reduce the City's costs of electricity. Also, these modifications will allow the City to modernize and upgrade its current buildings. The proposal is expected to cost approximately $7.0 million to implement. At this time, the City does not have unallocated funds in this amount; thus financing the costs of the improvements will be required. Based on the preliminary feasibility study, the City will be able to finance the improvements from the savings generated from reduced energy consumption and still realize a cash savings. In addition, we will apply for rebates from Southern California Edison and from the California Solar Initiative to assist in financing the projects. It is recommended that the City authorize Siemens to proceed to the final engineering phase of this project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The engineering costs paid pursuant to this agreement will not exceed $50,000. Funds are available in the Building Maintenance Activity (account no. 73-105-6291). If the City decides to implement the project, these costs will be folded into the financing of the project. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~~ 250-2 CITY FACILITIES City of Santa Ana facilities considered for this energy management project are as follows: Police Facility Micro-generation, Chiller 60 Civic Center Plaza Conversion, Lighting, Upgrade Lighting Control Computer and Field Terminal, Upgrade Fire Control Main Field Terminals Corporate Yard Photovoltaic, Lighting, HVAC 215 S. Center Street on Fleet Building Main Library Photovoltaic, Lighting 26 Civic Center Plaza City Hall Photovoltaic, Lighting 20 Civic Center Plaza South West Senior Center HVAC 2201 W. McFadden Transportation Center Lighting, replace pneumatic controls and time clocks with an EMS system. Integrate with City Siemens Insight. Fire Station 1 Lighting 1029 W. 17th Street Fire Station 2 Lighting 1688 E. 4th Street Fire Station 3 Lighting, HVAC 419 Franklin Fire Station 4 Lighting, HVAC 1427 S. Broadway Fire Station 5 Lighting, Cool Roof, HVAC Exhibit 1 250-3 Fire Station 6 Lighting 120 W. Walnut HVAC Fire Station 7 Lighting 2317 S. Greenville HVAC Fire Station 8 Lighting 501 N. New Hope HVAC Fire Station 9 Lighting 1320 E. Warner HVAC Fire Station 10 Lighting 2301 N. Old Grand HVAC Exhibit 1 Page 2 250-4 PARR, SPORT AND FACILITY PROJECTS Adams Park Area Lighting and Sport Lighting (provide estimate to upgrade lighting levels on the ball diamond) Birch Park Bomo Koral Cabrillo Park Cabrillo Tennis Center Campesino Park Centennial Park Dan Young Soccer Complex in Centennial Park Delhi Park E1 Salvador Park Pool Fisher Park Area Lighting Area Lighting Area and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the ball diamond) Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the tennis courts) Area Lighting (Estimate to add sport lighting w/Musco Control Link System) Area and Parking Lot Lighting Sport Lighting Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the ball diamond and to add lighting for soccer fields) Pool, Area, Parking Lot and Sport Lighting (add Musco Control Link System) Area Lighting Angels Park Area Lighting Exhibit 1 Page 3 250-5 French Park Area Lighting Heritage Park Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the ball diamond) Jerome Park Pool, Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the ball diamond) Lillie King Park Area Lighting Mabury Park Area Lighting Madison Park Area, Parking Lot and Sport Lighting (add Musco Control Link System) Memorial Park Pool, Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the sport fields) Morrison Park Area and Parking Lot Lighting, Tennis Ct. Lighting Portola Park Area and Parking Lot Lighting, Tennis Ct. Lighting, B.B. Court Lighting Riverview Park Area, Sports, Building Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the sport field) Exhibit 1 Page 4 250-6 Rosita Park Pool, Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the sport field) Rec. Center lighting and HVAC Sandpointe Park Area Lighting, Tennis Ct. Lighting, B.B. Court Lighting Santa Ana Stadium Area and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the sport field) Santa Ana Zoo Area Area, Parking Lot, Exhibit Lighting (provide estimate to add Lighting throughout Zoo) Santa Anita Park Pool, Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the sport field) Santiago Park Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on the ball diamond} Thornton Park Area, Parking Lot and Sport Lighting (add Musco Control Link System and provide estimate to upgrade lighting levels on ball diamonds) Windsor Park Area and Parking Lot Lighting (provide estimate to add sport lighting w/Musco Control Link System) Exhibit 1 Page 5 250-7 CONSULTANT AGREEMENT 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 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 maybe available and beneficial to the City if suggested improvements are implemented. 250-8 2. COMPENSATION The City agrees to pay, and Consultant agrees to accept as total payment for its services, a fee of $50,000.00. 3. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2009 unless terminated earlier in accordance with Section 13, below. The term of this Agreement maybe extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 250-9 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) 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 Consultant'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. Consultant shall supply City with a fully executed additional insured endorsement containing clauses stating Consultant's insurance is primary and not-contributory with other insurance available to the City and 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 provisions of Section 3300 of the Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 250-10 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 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 Consultant 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 250-11 10. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 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 (714) 647-6956 (telefacsimile) With courtesy copies to: Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) Santa Ana, California 92702 telefacsimile (714) 647-5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Terrence Mack Siemens Building Technologies, Inc. 10775 Business Center Drive Cypress, California 90630 telefacsimileax: (714) 252-1327 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 telefacsimile, 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 250-12 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant 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 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 consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant 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 bylaw, and Consultant 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. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 250-13 15. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 16. PROFESSIONAL LICENSES Consultant 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. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. // // // // // // // 250-14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: JAMES G. ROSS Executive Director Public Works Agency CITY OF SANTA ANA DAVID N. REAM City Manager SIEMENS BUILDING TECHNOLOGIES, INC. (NAME) (Title) Tax ID# 250-15 250-16