HomeMy WebLinkAbout25D - ENERGY EFFICIENCY IMPROVEMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 8, 2009
TITLE:
AGREEMENT AUTHORIZING ENERGY
EFFICIENCY IMPROVEMENTS FUNDED
BY THE FEDERAL AMERICAN RECOVERY
AND REINVESTMENT ACT
'r ~ ~.
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the
attached agreement, subject to non-substantive changes approved by the
City Manager and City Attorney, with Siemens Building Technologies in
an amount not to exceed $3,267,500 to implement energy efficiency
improvements to City buildings and parks.
2. Authorize funding of the improvements from the City's Energy
Efficiency and Conservation Block Grant monies made available through
the Federal American Recovery and Reinvestment Act of 2009.
DISCUSSION
The City continues to focus on energy efficiency and conservation. In
2003 the City completed a comprehensive project that included lighting
retrofits, heating, ventilation and air (HVAC) improvements, window
replacements, digital control systems, boiler replacements, installation
of variable speed drives, and a pool cover. Guaranteed savings for the
last five years were $1,728,672. Actual results were even better than
originally estimated. The City has saved an additional $362,251 during
the past five years and a total of 9,101,804 kilowatt hours of
electricity.
There are a number of additional improvements that could be completed to
have city systems running at increased levels of energy efficiency. A
listing of the proposed projects is attached and includes energy
improvements at City Hall, Corporation Yard, Southwest Senior Center,
Regional Transportation Center, the fire stations, Bowers Museum, and the
City's parks (Exhibit 1).
25D-1
Agreement Authorizing
Energy Efficiency Improvements
Funded by the ARRA
September 8, 2009
Page 2
In 2008 the City Council authorized Siemens to proceed to the final
engineering phase of this project. The final project design has been
completed and modified to fit within the financial limits of the stimulus
funding availability.
This project includes exterior and interior lighting retrofits, HVAC
improvements, implementation of automated control systems, and ball field
submetering. These improvements, once implemented, will save energy and
reduce the City's cost of electricity. Also, these modifications will
allow the City to modernize and upgrade its current buildings and
equipment.
Proposed solar systems at City Hall and at the Corporation Yard are
currently being evaluated and are not part of this agreement. A separate
recommendation will be submitted to the Council once a proposed agreement
is completed.
The cost of the improvements is $3,267,500. The City does not have
available funds in this amount. However, the City has applied for and
has received preliminary approval to use Energy Efficiency and
Conservation Block Grant monies in the amount of $3,267,500 to fund the
improvements. This money was made available through the American
Recovery and Reinvestment Act of 2009. In addition, we will apply for
rebates available from Southern California Edison.
Based on the final project engineering, the City is expected to realize a
savings from reduced energy consumption, reduced operating expenses and
rebates of $548,115 in the first three years and $2,050,671 over 10
years, mostly in the General Fund. In addition, we can expect to reduce
our carbon footprint by 1,022,592 pounds of carbon dioxide (COz), 354
pounds of nitrogen oxide (NOx) and 53 pounds of sulfur dioxide (SOZ).
At this time it is recommended that the City authorize an agreement with
Siemens Building Technologies. Siemens and City staff will coordinate
and manage the implementation of the improvements, which will begin this
month and will take approximately nine months to complete.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
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Agreement Authorizing
Energy Efficiency Improvements
Funded by the ARRA
September 8, 2009
Page 3
FISCAL IMPACT
The cost of the improvements will be $3,267,500. These improvements will
be paid by the Energy Efficiency and Conservation Block Grant Funds. With
the completion of this project, the City can expect to generate
$2,050,671 in savings and rebates over the next 10 years.
George Alvarez
Acting Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
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ENERGY RETROFlTS/FACiLIT1ES AND PARKS
South West Senior Center
Replace 6 package units ;153,561 7,247
Bowers Museum
lighting Retrofit - Convert T-1 Z and 1 #
generation T-8 to 3`~ generation T-8
HVAC Upgrade -Replace 2 pac ag
Units
;74,277
;89,193
36,296
7,685
Trans ortation Center
Install controls for the fan coil units and
integrate with Siemens control system
ig mg etro- i - onver - an
magnetic ballasts to 3rd generation T-8
wlelectronic ba-lasts. RetrofitT-8 lamps
to 3rd generation T-8. Change
incandescent to CFL. Install motion
sensors
;98,229
23,985
~ 410
'
0,245
Fire Stations 1-10
Lighting Retrofit -Convert T-12 and 151
generation T-8 to 3`d generation T-8
Replacel l packaged units
;199,862
;273,861
116,148
14,580
Parks d i n
Interior/Exterior Lighting Retrofit
Bal! Field Sub-Metering
Musco Lights Controls ;700,119
;723,074
;397,870 218,610
N/A
165,420
T ;3,267,500 781,423
Exhibit 1
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AGREEMENT FOR THE PURCHASE AND INSTALLATION
OF ENERGY CONSERVATION MEASURES
This Performance Service Agreement (the "Agreement") is made and entered into on this, the
_ of 2009, by and between Siemens Building Technologies, Inc., a Delaware
Corporation, with offices at 10775 Business Center Drive, Cypress, CA 90630 (herein
"Contractor"), and City of Santa Ana a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the State of California, 20 Civic Center Plaza, Santa
Ana, CA 92702 (herein "Customer" or "City"), collectively, ("Parties").
RECITALS
A. The City council declares its intention of reducing energy consumption within
the City.
B. The City desires to retain a Contractor having special skill and knowledge in the
field of furnishing, installing and maintaining energy conservation measures to
minimize energy consumption in City buildings.
C. Contractor represents that Contractor is able and willing to provide such services
to the City.
D. The American Recovery and Reinvestment Act of 2009 (ARRA) appropriates
funding for the Department of Energy (DOE) to award grants to local
government under the Energy Efficiency and Conservation Block Grant
(EECBG) Program.
E. Contractor represents that it has conducted energy efficiency test of City
facilities, utilizing best practice techniques available for verifying the results of
energy efficiency, to determine the energy savings that City will recognize as a
result of implementing recommended energy efficiency measures.
F. Contractor represents that it has complied with all applicable City and State laws
and regulations including but not limited to all applicable City contract bid
requirements and prevailing wage requirements.
G. 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 an Energy Services Contractor.
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:
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Section 1. DEFINITIONS
The following definitions shall apply to this Agreement unless otherwise defined herein:
Acceptance means the City has signed the Certificate of Substantial Completion.
Acceptance Date means the date on which the City signs the Certificate of Substantial
Completion.
Commencement Date means the effective date of this Agreement.
Construction Period means the period from the Commencement Date of this Agreement
to the Acceptance Date.
Facilities means those buildings as set forth in Exhibit A, Scope of Services, attached
hereto and incorporated herein by reference.
Facility Improvement Measures ("FIM") means various items of equipment, devices,
materials and/or software as installed by Contractor at the Facilities, or as repaired or
replaced by City hereunder, for the purpose of improving the efficiency of utility
consumption, or otherwise to reduce utility costs of the Facilities as fully set forth in
Exhibit A.
Scope of Work means the installation of the equipment and the labor utilized to install
such equipment including any necessary services required to be provided thereafter as is
more fully described in Exhibit A.
Substantial Completion or substantially complete means the first to occur of the
following: (i) the Work, or any identifiable portion thereof, is sufficiently complete, in
accordance with the provisions of the Agreement relating to the Scope of the Work,
Exhibit A, or (ii) temporary, qualified or final certificates of occupancy, if required, have
been issued with respect to such portions of the Work by the appropriate public authority.
Section 2. Responsibilities of the Parties
A. Contractor's Responsibilities:
1. Contractor agrees to install certain energy efficiency Facility
Improvement Measures ("FIM's") as fully set forth in Exhibit A, Scope
of Work, attached hereto and incorporated herein by reference.
2. Contractor shall designate a person to be known as the Contractor
Representative to act as a single point of contact on behalf of
Contractor with respect to all matters under this Agreement.
Contractor Representative will become familiar with the progress and
quality of the completed work as set forth in this Agreement.
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Contractor Representative shall provide weekly progress reports to
City Representative.
3. Contractor shall comply with all applicable City, State and Federal
laws related to waste disposal, including disposal of used oil, filters,
contaminated absorbents, contaminated refrigerants, fluorescent lights,
ballast with PCB and regular ballast, except for Asbestos, if any,
which shall be the sole responsibility of the City to remove or abate.
Contractor shall provide disposal manifests as required to be executed
by the City. The City shall, at all times be identified as the originator
of such waste on such manifests.
4. Contractor shall obtain and maintain all permits and licenses necessary
to Contractor's performance hereunder and shall pay any fees required
therefore and has included the costs for the same, if any, in the price to
be paid by the City. Contractor shall immediately notify City of any
suspension, termination, lapses, non-renewals or restrictions of
licenses, certificates or documents required to perform services
pursuant to this Agreement.
B. Cit~ponsibilities:
1. City shall designate a City Representative as the point of contact to
interact with Contractor regarding to the Scope of Work.
2. City shall furnish Contractor with blueprints, surveys, legal
descriptions of the site, and other information regarding the Facilities
as Contractor may reasonably request in order to complete Scope of
Work. These shall not become the property of Contractor and shall be
returned to City, unless otherwise requested by Contractor, in which
case Contractor shall bear the cost of all blueprints and copies
necessary to perform the Scope of Work in this Agreement.
3. City shall within ten (10) business days, respond to samples or
documents submitted by Contractor to the City for review and
approval under this Agreement.
4. City shall allow reasonable access to City facilities in order to
accomplish the Scope of Work.
5. City shall operate equipment according to the manufacturer's
recommendations.
6. City shall notify Contractor in writing of any City policies that may
affect the Scope of Work.
7. City shall notify Contractor of any unusual operating conditions.
8. City shall remove, replace or refinish building structures if required by
Contractor to gain access to equipment or to perform the work.
9. City shall properly abate or remove any asbestos that may be
encountered by the Contractor during the course of the Contractor
performing the work.
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10. City shall provide and maintain a voice grade dial-up phone line for
the purpose of remote access and install a terminal block in a mutually
agreed upon location.
Section 3. TERM
This Agreement shall commence on the date first written above and terminate upon
Completion of all FIM's and final acceptance by the City, unless terminated earlier in
accordance with the provisions as set forth below.
Section 4. PAYMENT
4.1 The aggregate amount paid by City provides for and is solely in consideration of
the Scope of Work described in Exhibit A, and is detailed in Exhibit B.
4.2 Contractor will invoice the City in accordance with the schedules set forth in
Exhibit B. Unless otherwise agreed in writing, invoices are due and payable thirty days
after receipt by the City, subject to City accounting procedures. If the City disagrees with
any portion of an invoice, it shall notify Contractor in writing of the amount in dispute
and the reason for its disagreement within 30 days of receipt of the invoice, and shall pay
the portion not in dispute.
4.3 Contractor may suspend or terminate the Work at any time if payment is not
received when due. In such event, Contractor shall be entitled to compensation for the
Work previously performed and for costs reasonably incurred in connection with the
suspension or termination.
4.4 Except to the extent expressly agreed herein, Contractor' fees include any taxes,
excises, fees, duties or other government charges related to the Work. The City shall pay
such amounts or reimburse Contractor for any such amounts Contractor pays to the extent
such charges are lawfully due and payable by City and have been paid or incurred by
Contractor in furtherance thereof. If the City claims that the Work is subject to a tax
exemption or direct payment permit, it shall provide Contractor with a valid exemption
certificate or permit and, unless specifically prohibited by law, shall indemnify, defend
and hold Contractor harmless from any taxes, costs and penalties arising out of the use or
acceptance of same.
4.5 .All other work or services requested by the City, including but not limited to the
following, shall be separately billed or surcharged on a time and materials basis:
(a) Emergency services, if inspection does not reveal any deficiency covered
by the Scope of Work, Exhibit A;
(b) Work and/or services performed at times other than during Contractor'
normal working hours, unless otherwise agreed to in Exhibit A; or
(c) Work and/or services performed on equipment not covered by the Scope
of Work, Exhibit A.
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Section 5. GRANT FINANCING AND ASSURANCES
A. This Agreement is contingent upon City's receipt of Energy Efficiency and
Conservation Block Grant Funding (EECBG) in an amount equal to or greater than
the Scope of Work. If the City has not received the initial deposit of EECBG funds
within forty-five (45) days from the execution of this Agreement, this Agreement
shall be null and void. This forty-five (45) day period may be extended as mutually
agreed upon in writing by both parties. In the event that the Agreement becomes null
and void as described in the preceding paragraph and City authorized Contractor to
proceed with Scope of Work, City shall be obligated to reimburse Contractor for the
Work performed up to and including the date that the Work is terminated. The
Contractor is not required to proceed with any of the Work until such authorization to
proceed is provided to the Contractor by the City.
B. Contractor shall comply with all applicable requirements of state and federal laws,
executive orders, regulations, program and administrative requirements, policies and
any other requirements governing the EECBG program, including the following:
1. Registration Requirements
Contractor shall maintain current registration in the Center Contractor
Registration (http//www.ccr.gov) at all times during which it is contracting to
provide services funded with ARRA funds.
2. Nondiscrimination and Affirmative Action
Contractor shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America
and the State of California, as set forth in the Contractor Certifications,
attached hereto as Exhibit D. In performing this Agreement, Contractor
shall not discriminate in its employment practices against any employee or
applicant for employment because of such person's race, religion, national
origin, ancestry, sex, sexual orientation, age, physical handicap, mental
disability, marital status, domestic partner status or medical condition.
3. Contractor shall comply with the Buy American provisions (Sec. 1605), of the
ARRA, by requiring that all iron, steel and manufactured goods used in the
Scope of Work are produced in the United States, except as provided therein.
4. DAMS-BACON ACT.
All laborers and mechanics employed by contractors or subcontractors in the
performance of construction work, including alterations and repairs, in excess of
$2,000.00, financed in whole or in part with federal funds shall be paid wages at
rates not less than those prevailing on similar construction in the locality as
determined in accordance with the Davis-Bacon Act (40 U.S.C. § 3141 et seq.).
Any such construction contract shall include and comply with the required
contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll
25D-9
reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29
C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall
be approved by the federal agency unless there is on file with the agency a
certification by the contractor that the contractor and its subcontractors have
complied with the provisions of 29 C.F.R. §5.5. A breach of the contract
clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and
for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12.
Labor standards interviews/investigations shall be made as necessary to assure
compliance [29 C.F.R. §5.6(a)(3)].
Reporting Requirement: CONTRACTOR shall furnish City with all records
indicating whether contractors and subcontractors employed on this project are in
compliance with the Davis-Bacon Act. Such records shall include without
limitation: Federal and State wage determinations, documentation of state
contractor license status, documentation of federal debarment status, and certified
payroll records. Such records shall be famished to the City not less than fifteen
(15) days following the period to which such records are applicable.
5. Site Visits
City and Contractor shall provide reasonable access to facilities at reasonable
times, to allow Department of Energy personnel to make site visits to review
project accomplishments and management control systems and to provide
technical assistance, if required.
C. Estimate of Savings to be Achieved by FIM's
The contractor has estimated energy savings for the various measures included in
this project using industry standard engineering analysis tools. The results of these
analyses are provided in Exhibits C and E, summarized in Table 1, below. The
City acknowledges that the savings calculations are estimates and Contractor does
not guarantee the savings. However, Contractor acknowledges that City has
relied on Contractor's engineering analysis and Contractor warrants that the
equipment is properly engineered, sized and installed for the City facilities.
TABLE 1: Estimated F,neruv ~avinac
FIM
City Facilities -Lighting Upgrades Energy Savings (kWh/yr)
245,781
Parks & Rec -Lighting Upgrades 218 610
HVAC Upgrades 95 202
Controls 36,410
Masco Lighting Controls 165 420
Rate Schedule Changes _
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Section 6. CERTIFICATE OF SUBSTANTIAL COMPLETION,
ACCEPTANCE
When Contractor believes that all, or an independent, definable phase, of the Scope of
Work has been completed in accordance with the terms of this Agreement, Contractor
will submit a Certificate of Substantial Completion to the City. If the completed Work
substantially conforms to the description of said Scope of Work, the City will sign the
Certificate of Substantial Completion and return it to Contractor. If the Work does not
substantially conform, then the City Representative shall so notify Contractor within
thirty (30) calendar days of receipt of the aforementioned certificate describing such non-
conformance with specificity. Upon notification of the discrepancies, the Contractor
shall correct the discrepancies to conform with the Scope of Work and resubmit the
Certificate of Substantial Completion to the City. To the extent that the Contractor
submits a Certificate of Substantial Completion to the City and the City fails to either
notify the Contractor of any discrepancies in the Work within such aforementioned thirty
(30) calendar day period or fails to execute the Certificate of Substantial Completion,
then the Certificate of Substantial Completion will be deemed executed on the first
business day following the aforementioned thirty (30) calendar day period.
Section 7. AUTHORITY AND AUTHORIZATION
City and Contractor each represent, warrant and covenant that each has done all things
necessary to preserve and keep this Agreement in full force and effect; all requirements
have been met and procedures have been followed to ensure the enforceability of the
Agreement and there is not any pending, or to the best of each party's knowledge,
threatened, suits or actions, litigation or proceedings against or affecting that party that
affects-the validity or enforceability of this Agreement.
Section 8. WARRANTY
A (i) Contractor expressly warrants that all electronic ballasts provided by
Contractor are free from defect and will operate for five years without failure; provided
that said equipment is operated according to Contractor and manufacturer specifications.
(ii)Contractor expressly warrants that all T 8 Ultra Fluorescent Lights
provided by Contractor are free from defects and will operate for three years without
failure; provided that said equipment is operated according to Contractor and
manufacturer specifications.
(iii)Contractor expressly warrants that all air conditioning compressors
provided by Contractor are free from defects and will operate for five years without
failure; provided said equipment is operated according to Contractor and manufacturer
specifications.
If any equipment should prove defective during the referenced warranty
periods, Contractor will at Contractor's option, repair, replace, or issue a credit to the
City for any such item.
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B. Contractor warrants that for one year from Acceptance Date, that all
equipment manufactured by Contractor or nameplate shall be free from defects in
material and workmanship which arise from normal use or service; provided the
equipment is properly operated in accordance with Contractor's instructions. If any
equipment should prove defective in this warranty period, Contractor will at Contractor's
option, repair, replace, or issue the City a credit for any such item. For materials
furnished but not manufactured by Contractor nor bearing the Contractor's nameplate,
Contractor assigns any manufacturer's warranty to the City.
C. Contractor warrants the labor provided by the Contractor pursuant to this
Agreement for ninety (90) days.
D. This express warranty is in lieu of and excludes all other warranties,
guarantees, or representations, expressed, or implied including warranties of
merchantability or of fitness for a particular purpose.
E. City's remedies with respect to express warranties shall be limited exclusively
to the right of repair, replacement or issuance of a credit to the City for the cost of such
equipment.
Section 9. LIMITATION OF WARRANTIES
Contractor has provided City with certain written limited warranties with respect to the
FIM's. Except for such limited warranties in this Agreement, Contractor makes no
warranty of any kind or nature, express or implied, relating to the FIM's or its
performance or the installation and service thereof. No assignee(s) of the Contractor to
this Agreement shall make warranties of any kind or nature, express or implied, relating
to the FIM's or the performance or the installation and service thereof. THE
FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY
CONTRACTOR. CONTRACTOR EXPRESSLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE IN RELATION TO THIS AGREEMENT.
Section 10. INDEMNITY & LIMITATION OF LIABILITY
Contractor shall indemnify and save harmless and defend the City, its employees or
agents from any and all losses, claims and expenses for injury to persons or damage to
property to the extent arising out of activities of Contractor while present upon the
property of the City or otherwise to the extent arising from Contractor's performance of
the Work, except for such injury or damage as is caused by active negligence or willful
misconduct by the City, its employees or agents.
Section 11. FORCE MAJEURE
Except for the City's obligation to pay the Contractor for the Work performed, if either
party shall be delayed in or prevented from the performance of any of the terms,
25D-12
covenants and/or conditions of this Agreement, by reason of restrictive governmental
laws or regulations, riots, insurrections, war, sabotage, act of nature, or any other reason
of a similar or dissimilar nature not the fault of the party delayed in or prevented from
performance, then performance shall be excused for the period of the delay or prevention
of performance and the time for performance shall be extended for an equivalent period
not to exceed Six (6) months . If such delay exceeds such Six (6) month period, the
Contractor shall have the right, upon 5 days prior written notice, to terminate this
Agreement . If so terminated, the City shall, within thirty (30) days following the
termination date, pay the Contractor for the yet unpaid Work performed by the Contractor
prior to the termination date.
Section 12. TITLE
Title to the FIM's implemented at City's facilities is deemed to be free and clear of any
liens created by Contractor and title to all equipment and materials provided by the
Contractor for the Work shall transfer to the City upon delivery to the City. Should it
become necessary, at the reasonable request of the City, Contractor or its Assignee agrees
to execute any appropriate documents submitted by the City to the Contractor or its
Assignee evidencing such right, title and interest in the FIM's.
Section 13. USE, REPAIRS
City, at its sole cost and expense, shall maintain the FIM's according to the
manufacturers' recommended guidelines or the equivalent and meet any and all re-
certification requirements and shall furnish proof of such maintenance, if requested by
Contractor. City shall furnish all needed servicing and parts, which parts shall become
part of the FIM's. This section refers to standard manufacturers recommended
mechanical equipment maintenance as is normally performed by City personnel on
existing mechanical equipment, during regular business operations.
Section 14. 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 officer, 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 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 $5,000,000 per occurrence. Such insurance shall (a) add
the City, its officers, employees, agents, volunteers and representatives as additional
25D-13
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 provisions of
Section 3300 of the 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. Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $2,000,000 per claim (such coverage may be provided as part
of the General Liability coverage provided hereunder).
E. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
1. Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
2. Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
3. Certificates and policies shall state that the City shall receive no
less than thirty (30) days prior to written notice before such
coverage shall be canceled, materially reduced, or materially
changed.
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 full 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.
Section 15. EVENTS OF DEFAULT AND TERMINATION
A. By City. The term "Event of Default", as used in this Agreement, means the
occurrence of any one or more of the following events:
1. City fails to make any Contract Payment, or other related payment, as it
becomes due in accordance with the terms of this Agreement. City's normal billing
cycle provides for payment within 30 calendar days of receipt of invoice and any such
25D-14
failure to pay that continues for thirty (30) business days after the due date thereof
shall be considered a default;
2. The discovery by Contractor that any statement, representation or
warranty made by the City, legal, financial or otherwise, in this Agreement or in any
document ever delivered by City pursuant hereto or in connection herewith is false,
misleading or erroneous in any material respect;
3. City becomes insolvent, is unable to pay its debts as they become due,
makes an assignment for the benefit of creditors, applies or consents to the
appointment of a receiver, trustee, conservator or liquidator of City or of all or a
substantial part of its assets, petition for relief is filed by City under federal
bankruptcy, insolvency or similar laws, or a petition in a proceeding under any
bankruptcy, insolvency or similar law is filed against City and is not dismissed within
thirty (30) calendar days thereafter.
B. By Contractor. The term "Event of Default", as used in this Agreement,
means the occurrence of any one or more of the following events:
1. The discovery by City that any statement, representation or
warranty made by Contractor, legal, financial or otherwise, in this Agreement or
in any document ever delivered by Contractor pursuant hereto or in connection
herewith is false, misleading or erroneous in any material respect; or
2. Contractor becomes insolvent, is unable to pay its debts as they
become due, makes an assignment for the benefit of creditors, applies or consents
to the appointment of a receiver, trustee, conservator or liquidator of Contractor or
of all or a substantial part of its assets, petition for relief is filed by Contractor
under federal bankruptcy, insolvency or similar laws, or a petition in a proceeding
under any bankruptcy, insolvency or similar laws is filed against Contractor and is
not dismissed within thirty (30) calendar days thereafter.
Section 16. REMEDIES
Upon the occurrence of an Event of Default, either party may, at its option, exercise any
right, remedy, or privilege which may be available to it under applicable law except as
may otherwise be limited herein, including the right to (i) proceed by appropriate court
action to enforce the terms of this Agreement, or (ii) recover damages for the breach of
this Agreement. In addition, the parties shall remain liable for all covenants and
indemnities under this Agreement.
Section 17. INTELLECTUAL PROPERTY
No right, title or interest in or license to, any patents, trade secrets, copyrights,
trademarks or other intellectual property of a party is granted or conveyed by either of the
Parties to the other. Contractor agrees to defend, indemnify and hold harmless City from
and against any claim, suit, demand or action alleging that the use or sale of the goods or
services furnished by Contractor infringes a U.S. patent or copyright or trademarks or
misappropriates any trade secret or violates any other intellectual property rights of any
third party; provided however, that (i) City shall give Contractor immediate written
25D-15
notice of such action and all prior claims relating thereto; (ii) City shall fully cooperate
with Contractor in the defense of such action and all negotiations for its settlement or
compromise.
If a temporary or final injunction is obtained against City's use of the System or any
component thereof by reason of an infringement of a U.S. patent, copyright, trademark,
trade secret or other intellectual property rights, Contractor will, at its option and
expense, either (i) procure for City the right to continue to use the goods or services; or
(ii) replace or modify for City the good(s) or service(s) so it no longer infringes such
patent, copyright, trademark or trade secret and the goods or services continues to
conform to the Agreement specifications in all material respects. Contractor shall have no
liability to City for any infringement action that is based upon or arises out of the use of
goods or services or any component thereof in combination with any other system,
equipment or software that is: (i) not otherwise supplied by Contractor; or (ii)
inconsistent with the intended use of goods and services or any component thereof. THIS
SECTION SETS FORTH THE EXCLUSIVE REMEDY OF CITY AGAINST
CONTRACTOR WITH RESPECT TO ANY ACTION OR CLAIM FOR ALLEGED
INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE
SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT INVOLVING THE
GOODS AND SERVICES OR ANY COMPONENT THEREOF.
Section 18. ASSIGNMENT
City shall not: assign, transfer, pledge, hypothecate or grant any security interest in, or
otherwise dispose of, this Agreement or any interest in this Agreement or the FIM's,
sublet or lend the FIM's or permit the FIM's to be used by anyone other than City or
City's employees.
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
except as indicated herein, Contractor may not assign, transfer, delegate, or subcontract
any interest herein without the prior written consent of City, which consent shall not be
unreasonably withheld, and any such assignment, transfer, delegation or subcontract
without City's prior written consent shall be considered null and void. In the event that
the Contractor is part of a consolidation, merger, or acquisition, or changes its name, this
Agreement may be assigned to the surviving company or the newly named company
upon notice to the City containing an affirmative statement that such surviving or newly
named company shall undertake all of the obligations of the Contractor hereunder.
Section 19. AMENDMENTS
This Agreement represents the complete and exclusive statement between City and
Contractor regarding the FIM's which are the subject of this Agreement. 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 only be amended or any of its terms
modified for the purpose of adding or deleting FIM's, with the written consent of both
parties hereto.
25D-16
Section 20. NOTICES
All notices to be given under this, Agreement shall be made in writing and mailed by first
class mail to the other party at its address set forth herein or at such address as the party
may provide in writing from time to time. Any such notice shall be deemed to have been
received five (5) business days subsequent to mailing.
Section 21. GOVERNING LAW
This Agreement shall be governed by the provisions hereof and by the laws of the State
of California.
Section 22. INDEPENDENT PARTIES
Contractor is acting hereunder as an independent party and not as an agent or employee
of City. No employee of Contractor is, or shall be an employee of the City by virtue of
this Agreement, and Contractor shall so inform each of its employees hired or retained to
provide services pursuant this Agreement. Nothing contained in this Agreement will be
deemed or construed for any purpose, to establish, between the parties, a partnership or
joint venture, aprincipal-agent relationship, employee-employer relationship or any
relationship other than City and supplier.
Section 23. ENTIRE AGREEMENT (MERGER CLAUSE)
This Agreement, together with the attachments and exhibits attached hereto and made a
part hereof, constitute the entire Agreement between the parties with respect to the
purchase of the FIM's. All previous proposals, oral or written communication,
engineering information or written communication regarding the FIM's included within
the Scope of Work of this Agreement, or any other matter occurring prior to this
Agreement, are superseded by this Agreement.
Section 24. SEVERABILITY
Any provision of this Agreement found to be prohibited by law or court order, shall be
ineffective to the extent of such prohibition without invalidating the remainder of this
Agreement and all other provisions shall remain in full force and effect.
Section 25. WAIVER
The waiver by a Party of any breach by the other Party of any term, covenant or condition
hereof shall not operate as a waiver of any subsequent breach hereof.
Section 26. EMPLOYEE HIRING RESTRICTION
If during the term of this Agreement, or 90 days after its expiration, City hires or in any
way engages any Contractor's employees who is presently performing energy
25D-17
conservation related services, City shall pay Contractor compensation equal to the current
annual salary of said employee for one year after separation from employment from
Contractor.
Section 27. SAFETY AND HAZARDOUS MATERIALS
It is Contractor's intent to perform all work in a clean, safe professional manner, causing
no hazards to City's staff, facility, the environment or City's service personnel.
Contractor shall not be required to make safety tests, install new devices or make
modifications to any equipment beyond the scope of the original Agreement in order to
comply with recommendations or directives of insurance companies, governmental
bodies, or for other reasons. However, this provision shall not relieve Contractor from its
responsibly to install all equipment in compliance with any and all applicable, City,
County, State and Federal laws, regulations, and guidelines, including but not limited to
building code requirements, in effect at the time of the installation of said equipment.
This Agreement pre-supposes hazardous materials are not present at the jobsite, including
but not limited to asbestos. If in providing service, Contractor discovers or suspects the
presence of hazardous material, Contractor will notify City. City will be responsible for
the cost and performance of testing, abating, encapsulating, cleaning up, removing, or
rendering such materials non-hazardous. Contractor shall have the right to stop work
until the jobsite is free from hazardous materials. City agrees to notify Contractor in
writing of any hazardous materials on the jobsite and any jobsite safety policies including
but not limited to lock-out and tag procedures, laboratory procedures, biological hazards
and other items covered by right to know regulations or which may pose a hazard to our
employee's and equipment.
Section 28. WAIVER OF CONSEQUENTIAL DAMAGES
In no event shall Contractor be liable for business interruption losses or
consequential or speculative damages, but this sentence shall not relieve Contractor of
liability for damage to property or injury to persons resulting from accidents caused
directly by its negligence in performance or failure to perform its obligations under this
Agreement.
29. 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.
B. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement. For clarification, the Exhibits that are attached
hereto are:
1. Exhibit A-Scope of Work;
2. Exhibit B-Payment Schedules
3. Exhibit C-Lighting Savings
25D-18
4. Exhibit D-AMERICAN RECOVERY AND REINVESTMENT ACT
GRANT ASSURANCES
5. Exhibit E- HVAC Savings Calculations
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
CITY OF SANTA ANA
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
SIEMENS BUILDING
TECHNOLOGIES, INC.
(NAME)
(Title)-
Tax ID #
25D-19
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
REVISED 8/27/09
ARTICLE 1 SCOPE OF WORK
Contents
Article 1 Scope of Work ......................................................................................... 1
1.Scope of Work 2
1.1. Construction 2
1.2. Rebate Administration 20
1.3. Start-up, Testing and Commissioning 20
1.4. Completion 20
1.5. Deliverables 20
2. Installed Products 22
2.1. Lighting 22
2.2. Mechanical Equipment 22
2.3. Parks Lighting Control 22
25D-20
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
1. SCOPE OF WORK
7.7. CONSTRUCTION
• Contractor to provide construction management for the Work described in this section
• Contractor shall co-ordinate with the City's personnel on construction activities, lay-
down areas, schedules and phasing of Work
• Contractor shall prepare a detailed project schedule with start and estimated comple-
tion date for each project included in the Scope of Work. Project schedules shall be
presented in Microsoft Project format
• Contractor shall provide weekly Progress Reports to the Facilities Maintenance Super-
visor or his designee
• Installation and modification of equipment shall conform with 2007 California Uniform
Building Code, 2007 California Mechanical Code, 2007 Plumbing Code, 2007 Electrical
Code, 2007 Fire Code.
• Projects included within this Scope of Work shall be inspected by the Facilities Main-
tenance Superintendent, or his designated representative, for final acceptance of func-
tionality and quality of work
• Contractor shall provide a 24 hour fire watch while fire systems are impaired due to
Contractor's provision of services
Contractor shall use the Lock-Out Tagout procedure during the performance of any
electrical work, and in relation to any source of energy
• Materials used to complete the Scope of Work shall be free of asbestos, lead, PCB and
other hazardous materials
Contractor is responsible for engineering of systems and related components.
• Contractor is responsible for the accuracy of measurements, estimates or materials,
quantities, sizes and site conditions that will affect the Scope of Work
• Contractor will patch paint to match existing finishes as required due to Contractor's
work.
• Contractor shall protect and restore penetrations of firewalls and fire-protections
• Contractor shall provide adequate dust management to protect furniture, flooring, com-
puters, books, etc
25D-21
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• Contractor shall store materials, tools and equipment in designated storage containers
during the duration of the project.
• Contractor employees and sub-contractors shall wear identification tags or company
uniforms
1.1.1. Lighting Upgrades
Total Price for this portion of the Work: $1,195,625
Scope of Work
• Provide lighting upgrades as listed in Exhibit C-Lighting Savings
Description of Work
• Convert existing T-8 lamps to 3~d generation T-8 lamps
• Retrofit fixtures with T-12 lamps and magnetic ballasts with 3~d generation T-8
lamps and electronic ballasts
• Convert incandescent lamps to compact fluorescent lamps
• Retrofit replace Mercury vapor and quartz fixtures as appropriate with Induction
lighting and pulse start metal halides
Areas-with low Light levels
Contractor's work is based on the lighting retrofits described above for the parks, as
shown in Exhibit C. All lighting and electronic ballasts in the Ross Annex will be re-
placed as set forth in Exhibit C. At City Hall Lighting and electronic ballasts will be
replaced only for the first floor. Following construction, post lighting levels will be
documented
Assumptions
• Work will be done at such times that it will not materially disrupt City services. Con-
tractor and City will mutually determine which Work will be completed during the day
(8am-4pm) and which will be done during the second shift (4pm-12pm).
Exclusions
• Design of lighting fixture lay-outs, lighting distribution or electrical as Lighting Work
is limited to lamp/ballast replacement only.
• Pole replacement of damaged poles
• Battery back-up ballast replacement
• Lighting retrofits in areas not covered in Exhibit C and all floors at City Hall except
Floor 1.
25D-22
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
1.1.2. HVAC Equipment Replacement
Total price for this portion of the Work: $697,065
Buildings Included:
City Facilities:
• Bowers Museum
• City Hall -Ross Annex
• Corporate Yard
• Fire Stations 4,6,9
• SW Senior Center
Scope of Work
^ Contractor's Work is limited to work above the roofline for rooftop except for items
specifically stated below
Roof Mounted Package Unit Replacements (a Fire Stations Bowers Museum Corporate Yard
and SW Senor Center
• Contractor to remove the existing rooftop unit(s) and provide for disposal, including
refrigerant.
• Remove existing units, listed below in Table 1, and install new replacement HVAC
unit(s) as set forth in Table 2, below. Unit will be fit to the existing curb and the ex-
isting zone head. Replace or repair defective roof curbs. Provide start-up of new
unit.
• New units to be high efficiency (11.3 EER minimum) units of same capacity and
configuration complete with economizer.
• Unit will be of equal or lesser weight than existing units.
• .Provide and wire smoke detectors for applicable new units.
• Provide seismic attachment to meet existing applicable codes.
• Following installation, Contractor shall perform a certified Air Balance of the System
(sample attached as Attachment 1). Contractor shall not be responsible for correc-
tive measures
• .Provide new ductwork above roofline and connect to ductwork below.
• Provide for connection and termination of new condensate drain lines (copper) to
meet existing applicable building codes.
25D-23 4
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• Provide engineering as needed for the installation of these units.
Roof Mounted Ice Bear System Installation at the Corporate Yard
Total price for this portion of the Work is $50,800
Provide and install an Ice Bear System at the Corporate Yard
• Contractor shall certify that new ICEBEAR air conditioner shall meet structural en-
gineering earthquake requirements to install the ICEBEAR water/ice storage unit on
the roof of the Fleet Building at the Corporation Yard.
TABLE 1: CURRENT EQUIPMENT LIST (UNITS WILL BE REPLACED WITH CARRIER R-
410A MODEL)
Location Model # 't"ype Tonnage Qty
Fire Station # 4 Carrier 48TJD008-511 GA Gas-Electric 7.5 1
Fire Station # 4 Carrier 48SS-030040311 Gas-Electric 2.5 1
Fire Station # 4 Carrier 48SS-042060xxx Gas-Electric 3.5 1
Fire Station # 4 Carrier 48SS-042060521AA Gas-Electric 3.5 1
Fire Station # 6 Lennox GCS3-411-120 Gas-Electric 4 2
Fire Station # 9 Carrier 48NLT036 Gas-Electric 3 4
Fire Station # 9 Carrier 48NLT048 Gas-Electric 4 1
Corporate Yard/
Fleet Lennox GCS16-1353-270-7G Gas-Electric 10 1
Corporate Yard/
Fleet Lennox GCS16-413-75-5G Gas-Electric 5 2
Corporate Yard/
Warehouse Lennox GCS16-1603-270-4G Gas-Electric 10 1
Corporate Yard/
Warehouse Lennox GCS16-953-200-6G Gas-Electric 7.5 1
25D-24
Exhibit A
Scope of Work
City of Santa Ana
Phase II
Siemens Building Technologies, Inc.
SW Senior Center York (model # not available) Gas-Electric 7.5 4
SW Senior Center York (model # not available) Gas-Electric 5 2
Bowers Museum Carrier 48HJL0056 Gas-Electric 4 1
Bowers Museum Carrier 48HJD0086 Gas-Electric 7.5 1
TABLE 2: PROPOSED EQUIPMENT LIST
location Model # Type Tonnage Qty
Fire Station # 4 Carrier 48TCDA08A1A6-OAOAO Gas-Electric 7.5 1
Fire Station # 4 Carrier 48XPN0300403 Gas-Electric 2.5 1
Fire Station # 4 Carrier 48XPN0420603 Gas-Electric 3.5 1
Fire Station # 4 Carrier 48XPN0420603 Gas-Electric 3.5 1
Fire Station # 6 Carrier 48XPN0480903 Gas-Electric 4 2
Fire Station # 9 Carrier 48XPN0360603 Gas-Electric 3 4
Fire Station # 9 Carrier 48XPN0480903 Gas-Electric 4 1
Corporate Yard/
Fleet Ice Energy Ice Bear 30 #IB30-
343 Gas-Electric 10 1
Corporate Yard/
Fleet Carrier 48TCLA06A1A6-OAOAO Gas-Electric 5 2
Corporate Yard/
Warehouse Carrier 48TCDA12A1A6-OAOAO Gas-Electric 10 1
Corporate Yard/
Warehouse Carrier 48TCDA08A1A6-OAOAO Gas-Electric 7.5 1
SW Senior Cen-
ter Carrier 48TCDA08A1A6-OAOAO Gas-Electric 7.5 4
SW Senior Cen-
ter Carrier 48TCLA06A1A6-OAOAO Gas-Electric 5 2
25D-25
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Bowers Museum Carrier 48TCLA05A1A6-OAOAO Gas-Electric 4 1
Bowers Museum Carrier 48TCDA08A1A6-OAOAO Gas-Electric 7.5 1
Assumptions for work listed above
• .Asbestos abatement to be done by the City in advance of the Work proceeding.
• Work to be done during normal hours.
• Installation work to be in accordance with Prevailing Wage requirements for area.
Exclusions
The items listed below are not included in the Work and have not been included in the
price. As the Work advances, Contractor and the City may agree to expand the Work and
increase the price to include the items listed below (except for the abatement and removal
of hazardous materials).
• There is no provision to modify the existing housekeeping pads unless specifically
outlined in this scope of work
• There is no hazardous material (asbestos, lead paint, mold etc.) material abatement
or removal included in the Work. City is responsible for abatement. Hazardous
areas are assumed to have been tagged.
Contractor will not provide painting and patching beyond what is specifically de-
scribed in this scope of work.
• Contractor is not responsible for temporary cooling.
• Contractor is not responsible for repair of any faulty or non-code wiring.
• Contractor is not responsible for repair or replacement of existing duct work.
• The Scope of Work assumes strengthening of the existing roof structure will not be
required. Strengthening of the roof structural members, if required, is considered an
additional service.
• Contractor is not responsible for repair of any damaged structural members caused
by water, termites or any other unknown damage to existing members.
1,1.3. Mechanical Upgrades
Total price for this portion of the Work is $155,837
Ross Annex -Convert Inlet Guide Vanes Control to Variable Freauency Drives Control
25D-26
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
^ Field supply and install VFD's on supply and exhaust fans for Trane Intellipak units
AC-1, 2, and 3
^ Field supply and install new main processor board, control cards, static pressure
sensors and communication cable in units
^ .The units will be UL recertified after the modifications are completed.
^ Following installation, Contractor shall perform a certified Air Balance of the Sys-
tem. Contractor shall not be responsible for corrective measures.
Assumptions for Work listed above
• Asbestos abatement to be done by the City.
• Work to be done during 2nd shift, or weekends if necessary.
• Do not include provisions for temporary cooling
• Installation work to be in accordance with Prevailing Wage requirements for area.
Exclusions
The items listed below are not included in the Work and have not been included in the
price. As the Work advances, Contractor and the City may agree to expand the Work and
increase the price to include the items listed below (except for the abatement and removal
of hazardous materials).
• There is no provision to modify the existing housekeeping pads unless specifically
outlined in this scope of work
• -There are no hazardous materials (asbestos, lead paint, mold etc.) addressed with-
in the Work. City is responsible for abatement work. Hazardous areas are assumed
to have been tagged.
• Contractor will not provide painting and patching beyond what is specifically de-
scribed in this scope of work.
• Contractor is not responsible for repair of any faulty or non-code wiring
• Contractor is not responsible for repair or replacement of existing duct work.
• This proposal assumes strengthening of the existing roof structure will not be re-
quired. Strengthening of the roof structural members, if required, is considered an
additional service along with any costs incurred for approval.
• Contractor is not responsible for repair of any damaged structural members caused
by water, termites or any other unknown damage to existing members.
25D-27 g
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
1.9.4. Controls Upgrades
Total price for this portion of the Work is $98,229
City Facilities
City Hall- Ross Annex
Corporate Yard
Transportation Center
Scope of Work:
Citv Hall -Ross Annex
• The building currently has three (3) Trane rooftop package units
• Sub-contract to Trane for installing Intellipak into each rooftop unit
• Provide conduit & wire connecting the three rooftop units to a Building Control Unii
(BCU) panel furnished by Trane
• Mount BCU panel for communication to the Rooftop units
• BCU to be mounted on roof in weather-proof enclosure
• Mount a Mechanical Equipment Controller (MEC) in weather-proof enclosure next to
BCU and nipple conduit and wire for communications
• Run communication line & Floor Level Network (FLN) from MEC on roof down to
ground floor Terminal Equipment Controller (TEC).
• .Use FLN line from TEC to workstation in City hall as a pull string to install new Area
Level Network (ALN) communication line
Corporate Yard
• There are 3 package units on the roof of the Fleet Building
• Provide TEC control & new t stats for each unit.
• Run communication line from units to existing TEC in electric room # 217
• TEC is connected to warehouse control system
Transportation Center
• There are 76 standalone package fan coil units in the building
• Some of the units are on time clocks, the balance have no control
• Provide start/stop/status of each fan coil unit
• Control of unit to be at the beaker panels
• Panels are located as follows, 1st floor (28 units), 2nd east (16 units), 2nd west (16
units), 3rd (16 units).
• Communication line to be run from first floor to 3rd
• First floor communication room has phone line and breaker panel
• MEC with relays to be located at each breaker panel
• First floor panel to have modem for connection to central workstation
25D-28
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Assumptions for work listed above
• Controls submittals are to be provided in advance of work for City review and ap-
provaf.
• Controls as-builts and M & O manuals to be provided upon completion of Work.
• Standard graphics for controlled mechanical systems on the Apogee workstation.
Custom graphics can be provided if backgrounds are provided. If backgrounds can
not be provided then floor plans will be limited to detail.
• Provide formal classes at branch for 5 people.
• Provide 40 hours on site training.
Any schedule compression or acceleration charges, or trade stacking costs that may result
because of schedule slips will result in additional charges.
• Contractor will use existing conduits & wire if possible.
• Power to Siemens panel is available from existing breaker panels.
• Control wiring will be protected in rigid and/or flexible conduit.
Exclusions
• .Contractor not responsible for control of any interior or exterior lighting.
• Contractor not responsible for new panels orcircuit-breakers.
• Contractor not responsible for upgrades to the existing Fire Alarm/Life Safety sys-
tem, or interconnections or tie in of the smoke detectors to it.
• Contractor is not providing or installing smoke detectors or fire dampers.
• Contractor is not supplying any Mechanical Equipment other than items specified.
• .The City is to provide up to six (6) replacement ceiling tiles. Additional replacement
tiles will be provided at Contractor expense.
1.1.5. Musco Lighting Controls
Total price for this portion of the Work is $397,670
Provide and Install Musco lighting controls for the following parks
• Monroe Elementary School
• Cabrillo Tennis Center
• Rosita Park
• Jerome Park
• Heritage Park
• Santiago Park
25D-29 '°
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• Riverview Park
• Santa Anita Park
• Thornton Park
• Valley High School
• Memorial Park
• Stadium Park
• EI Salvador Park
• Madison Park
Equipment
• (22) Remote Equipment Controllers (RFC's)
• (116) Remote Off/On Auto Switches (Units are capable of up to 8 per unit)
• (22) Remote Switch Box
Equipment Installation
• Manufacturer warranty on alf equipment
• Activation and testing of systems to ensure all units are fully functional and opera-
tional
10 Years Control Link Central Service (CLC)
• 24/7 toll free access to CLC customer scheduling operators
• Access to Musco Control Link Scheduling Website
• REC operations and Website Training for scheduling staff
Monroe Elementary School
• Unit #1: BB, SO, and Sec
o (1) Security Enclosure
• REC Zones
Zone 1: Baseball
Zone 3: Security
Zone 5: Spare
Zone 7: Spare
Zone 2: Soccer
Zone 4: Spare
Zone 6: Spare
Zone 8: Spare
Cabrillo Tennis Center
• Unit #1: Tennis Courts
• REC Zones
25D-30 11
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Zone 1: Court #1 Zone 2: Court #2
Zone 3: Court #3 Zone 4: Court #4
Zone 5: Court #5 Zone 6: Court #6
Zone 7: Court #7 Zone 8: Court # 8
and 9
Rosita Park
• Unit #1: BB, SO, HB and Sec
• REC Zones
Zone 1: Baseball Zone 2: Soccer
Zone 3: Handball Zone 4: Security
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
• Unit #2: Building Exterior, Restroom and Exterior Lights, Walkway and Parking,
Maintenance Building and Restroom interior, Exterior Stage
• REC Zones
Zone 1: Building Exte- Zone 2: Restroom
riors and Exterior lights
Zone 3: Walkway and Zone 4: Maint. Build-
Parking ing and Restroom int.
Zone 5: Ext Stage Zone 6: Spare
Lights
Zone 7: Spare Zone 8: Spare
Jerome Park
• Unit #1: BBNE, BBSE, SEC, RR Int, RR Ext
• REC Zones
Zone 1: Baseball NE Zone 2: Baseball SE
Zone 3: Security Zone 4: Restroom
Int.
25D-31 12
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Zone 5: Restroom Ext. Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Heritage Park
• Unit #1: BB
o (11) 30 Amp Contactors
o (1) 18" X 18" Contactor enclosure
• REC Zones
Zone 1: Baseball 1St Zone 2: Baseball 3ra
base Side Base Side
Zone 3: Restroom Zone 4: Park Light-
ing
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Santiago Park
• Unit #1: BB
o (1) Security Enclosure 72"
o (11) 30 Amp Contactors
o (1) 18" X 18" Contactor Enclosure
o (3) Manual Time Clock
• REC Zones
Zone 1: Baseball Zone 2: Tennis East
Side
Zone 3: Tennis West Zone 4: Restroom
Side
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
• Unit #2: Gas House/Play Area, Sec, Halophane Light
o (4) 30 Amp Contactors
o (1) 16' X 16" Contactor Enclosure
o (5) Manual Time Clocks
25D-32 >3
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• REC Zones
Zone 1: Gas Zone 2: Security So-
House/Play area dium West
Zone 3: Security So- Zone 4: Halophane
dium East Light
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Riverview Park
• Unit #1: BB 2 Fields
o (1) Security Enclosure
o (10) 30 Amp Contactors
• REC Zones
Zone 1: Baseball # 1 Zone 2: Baseball # 2
Zone 3: Parking Lot Zone 4: Security
Zone 5: Score Board Zone 6: Spare
Zone 7: Spare Zone 8: Spare
• Unit #2: Restroom, Parking Lot
o (2) 30 Amp Contactors
• REC Zones
Zone 1: Restroom Zone 2: Parking Lot
Zone 3: Spare Zone 4: Spare
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Santa Anita Park
• Unit #1: SO, BA, HB, Restroom, Walkway/Sec
o (1) 30 Amp Contactor
• REC Zones
Zone 1: Soccer Zone 2: Basket-
25D-33 14
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
ball/Handball
Zone 3: Restroom Zone 4: Walk-
way/Sec.
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Thornton Park
• Unit #1: BB, Restroom, Sec. 2 Fields
• REC Zones
Zone 1: Baseball # 1 Zone 2: Baseball # 2
Zone 3: Restroom Ext. Zone 4: Restroom
Int.
Zone 5: Security Zone 6: Spare
Zone 7: Spare Zone 8: Spare
• Unit # 2: Security and Park lights
o (1) 30 Amp Contactor
• REC Zones
Zone 1: Sec/Park Zone 2: Spare
Lights
Zone 3: Spare Zone 4: Spare
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Vallev High School
• Unit #1: BB
o (1) Security Enclosure
o (9) 30 Amp Contactors
o (2) Manual Time Clocks
• REC Zones
Zone 1: Baseball Zone 2: Tennis
25D-34 15
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Zone 3: Spare Zone 4: Spare
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
Memorial Park
• -Unit # 1: BB, Sec, Building Ext 4 Fields
o (1) 30 Amp Contactor
o (3) Manual Time Clocks
• REC Zones
Zone 1: Baseball # 1 Zone 2: Baseball # 2
Zone 3: Baseball # 3 Zone 4: Baseball # 4
Zone 5: Back Stop Zone 6: Security
Cleanup Lights all 4
fields
Zone 7: Building Ext. Zone 8: Spare
• Unit # 2: HB, Security
o (1) Security Enclosure
• REC Zones
Zone 1: Handball Zone 2: Security
Zone 3: Spare Zone 4: Spare
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
• Unit # 3: BB
• REC Zones
Zone 1: Basketball Zone 2: Spare
Zone 3: Spare Zone 4: Spare
Zone 5: Spare Zone 6: Spare
25D-35 16
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Zone 7: Spare Zone 8: Spare
Stadium
• Unit #1: West Side FB
o (8) Manual Time Clocks
o (2) 30 Amp Contactors
• REC Zones
Zone 1: West 50% Zone 2: West 100%
Zone 3: West Incan- Zone 4: West 3 Sec
descent Lights A
Zone 5: West Sec Zone 6: East 50%
Lights B
Zone 7: East 100% Zone 8: East Incan-
descent
• .Unit #2: East Side Rear Area lights Security
o (2) 30 Amp Contactors ,
o (1) Single pole 20 Amp Squ are D Breaker
• REC Zones
Zone 1: Rear Area Zone 2: Security
Lights Lights
Zone 3: Spare Zone 4: Spare
Zone 5: Spare Zone 6: Spare
Zone 7: Spare Zone 8: Spare
EI Salvador Park
• Unit # 1: BB, SO
• REC Zones
Zone 1: Baseball
Zone 3: Security
Zone 5: Spare
Zone 2: Soccer
Zone 4: Spare
Zone 6: Spare
25D-36 17
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
Zone 7: Spare Zone 8: Spare
• Unit # 2: Parking Lot, Restroom Int and Ext, Restroom Fan, HB, Sec, BA
o (5) 30 Amp Contactors
o (1) 16" X 16" Contactor Enclosure
• REC Zones
Zone 1: Parking Lot Zone 2: Restroom Int
Zone 3: Restroom Ext Zone 4: Restroom
Fan
Zone 5: Hand Ball
Zone 7: Basketball
Zone 6: Security
Zone 8: Spare
Madison Park
• Unit #1: BB, Scoreboard, basketball, Park Lights, Restroom
o (5) 30 Amp Contactors
o (1) 12" X 16" X 6" Contactor Enclosure
• REC Zones
Zone 1: Baseball #1 Zone 2: Baseball #2
Zone 3: Baseball Clean Zone 4: Scoreboard
up Lights both fields
Zone 5: Basketball Zone 6: Park Lights
Zone 7: Restroom Int. Zone 8: Restroom
Ext.
1.1.6. Rate Schedule Change
Total Cost: $723,074
Sites Included:
Parks & Recreation
• Memorial Park
• Valley High School
• Santiago Park
25D-37 'g
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• Stadium
Scope of Work:
Memorial Park
• Furnish and install new 480 volt, Nema 3R, free standing meter/main section.
• Install new feeder to area of MSB-1 to re-feed lighting loads for TOU service.
• New lighting feeder on TOU rate to be time clock controlled. TOU loads to be
opened by time clock during daylight hours and closed to allow power at dusk to
dawn hours.
• TOU metered loads must originate in Equipment room containing MSB-1.
• Removal and Patch of existing asphalt areas is included.
Assumptions
• Work to be done during regular hours
• Assumes Edison approves design to add raceway and tap feed from existing Edi-
son transformer vault.
• Feeder conductors type is at discretion of Briggs Electric, Inc. and will be code
compliant. Gear type and brand is assumed at discretion of Briggs Electric, Inc.
• Assumes new section can be installed adjacent to existing service.
• Assumes new gear as required in existing Equipment room containing MSB-1, may
be installed on exterior or equipment room if space and clearance is an issue.
Exclusions
• Temporary power and lighting.
• Utility company charges.
• Low voltage systems of any kind.
• Repair or modification to existing equipment or wiring except as specifically noted
as included above. Repair to existing wiring or distribution.
• Permit fees
• Damage to existing utilities, damaged during excavation, not previously disclosed in
writing prior to excavation.
• Potholing or tracing of existing utilities.
• Removal or replacement of landscape, trees or softscape.
Vallev High School/Santiago Park/Stadium
• Install time-clocks to control ball-field lighting and ensure that lights cannot come on
during day-time
25D-38 19
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• Contractor will work with SCE to convert existing rate schedule to AL-2 rate sche-
dule
1.2. REBATE ADMINISTRATION
• Provide labor, paperwork and documentation to reserve, administer and as applicable,
assist in securing applicable incentives for measures listed in this Scope of Work .
• Since the incentive is actually paid for by a third party (Southern California Edison),
Contractor cannot guarantee that the City will receive the incentive. Contractor will as-
sist in providing the documentation needed for incentive application.
• Participate in meetings, inspections and site walkthroughs to satisfy incentive require-
ments
1.3. START-UP, TESTING AND COMMISSIONING
• Provide start-up and testing for new installed equipment based on manufacturer's spe-
cifications
• Provide commissioning to ensure proper functioning of new installed equipment and
adherence to contracted operating parameters and sequences.
1.4. COMPLETION
• Participate in punch-list walkthroughs with Building Superintendent and Park Superin-
tendent and ensure completion of punch-list items to satisfaction of Building/ Park Su-
perintendent, as applicable.
• Contractor will be responsible for final job site clean-up as it relates to Contractor
Scope of Work.
• Generate as-built plans and provide to City.
1.5. DELIVERABLES
• A detailed project schedule shall be submitted within 30 days after the NTP
• A safety plan and submittal package shall be submitted within 30 days after the NTP
• Copies of rebate paperwork
25D-39 20
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
• Operation and Maintenance (O&M) manuals for new installed equipment
• A final drawing package corrected to as-built conditions on CD and 3 paper copies will
be submitted when field conditions and changes are incorporated prior to project close-
out
• Warranties and guarantees provided by Siemens, sub-contractors and manufacturers
• Contractor will provide two-hour training sessions for up to two (2) Building Mainten-
ance employees on operation and maintenance of each of the following systems:
Musco Controls
Siemens Controls; and
Ice Bear.
25D-40 21
Exhibit A City of Santa Ana
Scope of Work Phase II
Siemens Building Technologies, Inc.
2. INSTALLED PRODUCTS
2.9. LIGHTING
• Lamps shall be GE Starcoat T8 Watt-Miser (F32T8 XL) lamps having a medium bi-
pin base with a minimum life of 20,000 hours (XL) at 3 hours per start on T8 instant
start ballasts, color temperature 4100K, with a color rendering index of at least 81,
or equivalent.
• Ballasts shall be GE ULTRA-MAX L with a ballast factor of .77, or equivalent.
IF THE ABOVE SPECIFIED LAMP AND BALLAST ARE NOT MANUFACTURED IN THE
UNITED STATES OF AMERICA THE CONTRACTOR SHALL PRESENT DETAILED
SPECIFICATION OF AN EQUIVALENT LAMP AND BALLAST MADE IN THE UNITED
STATES TO COMPLY WITH THE "MADE IN AMERICA" CLAUSE.
2.2. MECHANICAL EQUIPMENT
• Roof mounted units: Carrier (R410-A), as set forth in Table 2, above.
2.3. PARKS LIGHTING CONTROL
• Musco Control Link
This Exhibit is attached to and made a part of the Agreement between Contractor and the
City.
City: City of Santa Ana Contractor:
Signature:
Printed Name:
Title:
Date:
Signature:
Printed Name:
Title:
Date:
Siemens Building
Technologies, Inc.
25D-41 22
25D-42