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Home My WebLink AboutItem 16 - Agreement for HVAC and Lighting Control SystemsPublic Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 6, 2025 TOPIC: Service Agreement for HVAC and Lighting Control Systems AGENDA TITLE Service Agreement with Siemens Industry, Inc. for HVAC and Lighting Control Systems Maintenance (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Siemens Industry, Inc., for HVAC and Lighting Control System maintenance services in the amount of $705,649, plus a contingency amount of $70,565, for a total amount not to exceed $776,214 for a term beginning July 1, 2025 and expiring June 30, 2026, with provisions for four, one- year extensions (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's (PWA) Parks, Fleet, Facilities, and Refuse Division is responsible for the maintenance and repair of City -owned facilities, including the heating, ventilation, and air conditioning (HVAC) systems. Siemen's Industry, Inc. (Siemen's) currently provides maintenance and repair of control systems that regulate the Siemen's HVAC equipment at seven locations including City Hall, Ross Annex, Main Library, Newhope Library, Corporate Yard, Santa Ana Senior Center, and the Santa Ana Regional Transportation Center. Siemen's also provides external lighting at the Corporate Yard facility. Santa Ana City Ordinance No. NS-3041 authorizes the City to make non -bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that Siemens Industry, Inc. is the sole provider capable of meeting PWA's specifications for the maintenance of proprietary Siemens building automation control systems. Siemen's offers specialized service and support for Siemens proprietary equipment, requiring trained technicians with access to Siemens technical service bulletins and system updates to ensure uninterrupted optimal operation of building automation and HVAC systems. HVAC and Lighting Control Systems Maintenance and Repair May 6, 2025 Page 2 The existing agreement with Siemens expires June 30, 2025 with a total compensation amount not to exceed $661,659. Of that, $515,317 was spent for annual maintenance and as -needed repairs. To continue providing uninterrupted service and technical support for the proprietary building automation control systems, staff recommends awarding a new agreement with Siemens Industry, Inc. for a total amount not to exceed $776,214, including all available extensions (Exhibit 1). The new recommended agreement includes pricing reflective of increasing annual maintenance costs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be included in the proposed Fiscal Year 2025-26 budget under the following accounts. Subsequent funding for the renewal options, if exercised, will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $129,447 2025-26 Buildings & Ground Santa Ana PWA — SARTC 06717650- Regional Operations, $21,574 62320 Transportation Maintenance & Repair Center Buildings & Ground Optional Extensions 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $131,194 Buildings & Ground 2026-27 Santa Ana PWA — SARTC 06717650- Regional Operations, $21,866 62320 Transportation Maintenance & Repair Center Buildings & Ground 07317100- Building Building Maintenance, 62320 Maintenance Maintenance &Repair $133,009 Buildings & Ground 2027-28 Santa Ana PWA — SARTC 06717650- Regional Operations, $22,167 62320 Transportation Maintenance & Repair Center Buildings & Ground 07317100- Building Building Maintenance, 2028 29 62320 Maintenance Maintenance & Repair $134,876 Buildings & Ground HVAC and Lighting Control Systems Maintenance and Repair May 6, 2025 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description Santa Ana PWA — SARTC 06717650- Regional Operations, $22,480 62320 Transportation Maintenance & Repair Center Buildings & Ground 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $136,801 Buildings & Ground 2029-30 Santa Ana PWA — SARTC 06717650- Regional Operations, $22,800 62320 Transportation Maintenance & Repair Center Buildings & Ground TOTAL $776,214 EXHIBIT(S) 1. Agreement with Siemens Industry, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 AGREEMENT WITH SIEMENS INDUSTRY INC. TO PROVIDE HVAC AND LIGHTING CONTROLS TECHNICAL SUPPORT AND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 66 day of May, 2025 by and between Siemens Industry Inc., a Delaware corporation, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to provide HVAC and lighting controls technical support and maintenance services for City facilities. B. City and Contractor previously entered into Agreements Nos. A-2015-078, dated May 5, 2015, and A-2020-114, dated June 2, 2020, by which Contractor provided these services. Agreement No. A-2020-114 expires on June 30, 2025. C. City and Contractor desire to enter into another agreement to provide continuity of these services and because the respective systems are proprietary in nature. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work, which is attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and changes identified in Exhibit A. The total compensation for services provided shall not exceed Seven Hundred, Seventy -Sex Thousand, Two Hundred and Fourteen Dollars ($776,214) during the term of the Agreement, including any extension periods. The sum is comprised of (1) a base amount of $705,649 for the entirety of the term, including extensions, and (2) a contingency in the amount of $70,565 for the entirety of the term, including extensions. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2025 for a one (1) year term and end on June 30, 2026, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to four (4), one-year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the Agreement, the following insurance coverages: MINIMUM SCOPE OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance. If the Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Nadia Orozco, 20 Civic Center Plaza, M-11, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor 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. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5635 To Contractor: Siemens Industry, Inc. Attention: Brian Lockridge, Sales Manager 6141 Katella Avenue Cypress, CA 90630 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Z Maxv� Kyle llesen Assistant City Attorney RECOMMENDED FOR APPROVAL: h h Digitally signed by Saba N a i I Saba Datbel 2025.04.21 11:27:25-07'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR: Brian Lockridge Sales Manager Electronically signed by. Brian Lockridge Date: Anr 14.2025 16:19 PDT EXHIBIT A SIEMENS PROPOSAL City of Santa Ana SA Renewal PREPARED BY Siemens Industry, Inc. ("Siemens") PREPARED FOR CITY OF SANTA ANA DELIVERED ON February 27, 2025 SMART BUILDINGS Transforming the Everyday SIEMENS Table of Contents INTRODUCTION.............................................................................................................. 1 ProposalInformation............................................................................................. 1 ContactInformation.............................................................................................. 3 CUSTOMER OVERVIEW.................................................................................................... 4 ExecutiveSummary............................................................................................... 4 Siemens Capabilities & Customer Commitment...................................................... 5 SERVICE OFFERINGS......................................................................................................... 5-8 SERVICE IMPLEMENTATION PLAN.................................................................................... 8 Connectivity and Communications......................................................................... 8 Service Agreement Contract Characteristics.......................................................... 9 Equipment Related Services................................................................................. 10 GeneralServices.................................................................................................. 11 ServiceTeam....................................................................................................... 12 TERMS AND CONDITIONS............................................................................................. 13 Termsand Conditions.......................................................................................... 13 Agreement Terms for Investments....................................................................... 14 SIGNATUREPAGE......................................................................................................... 15 SignaturePage.................................................................................................... 15 APPENDICES................................................................................................................. 16 Siemens Service Portfolio..................................................................................... 16 Page 2 of 16 Contact Information Sales Executive: Branch Address: Telephone: Email Address: Customer Contact: Customer: Address: Services shall be provided at Proposal # Date Cam Hart 6141 Katella Ave Cypress, CA 90630 6572980350 cam.hart@siemens.com Phil Neff CITY OF SANTA ANA 20 CIVIC CENTER PLZ SANTA ANA CA 92701 SIEMENS 9574285 February 27, 2025 City Hall, City Yard, Library - Main, Library - Newhope Santa Ana Senior Center, Train Station (SARTC), Ross Annex Page 3of16 SIEMENS Executive Summary Customer Needs The Services proposed in this agreement are specifically designed for CITY OF SANTA ANA, and the services provided herein will help you in achieving your facility goals. Services Included Siemens will provide the following services. Service Description • Smart Building Assessment • Preventive Maintenance & Customer Directed Support - Automation • Software Maintenance • (A) Online Data Backup and Protection Service • Preventive Maintenance & Customer Directed Support - Mechanical Service to be provided at: 1. City Hail: 20 Civic Center Plaza, Santa Ana, CA 92701 2. City Yard: 122 N Newhope St, Santa Ana, CA 92703 3. Library- Main: 26 Civic Center Plaza, Santa Ana, CA 92701 4. Library - Newhope: 220 S Daisy Ave, Santa Ana, CA 92703 5. Santa Ana Senior Center: 424 W. Third St., Santa Ana, CA 92701 6. Train Station (SARTC): 1000 E. Santa Ana Blvd., Santa Ana, CA 92701 7. Ross Annex: Next Door to City Hall Page 4 of 16 SIEMENS Siemens Capabilities & Customer Commitment Smart Building Assessment About Smart Building Assessments Your building automation system continually generates valuable information from its network of sensors and end devices. Smart Building Assessment is the first step in our Smart Building Commissioning process, and we will leverage the value of that data via Siemens' proprietary tools and methods. The goal is to provide insights into opportunities for operational and energy -efficient improvements specific to your building and situation. Smart Building Assessment Deliverables The Smart Building Assessment will provide: • An Air Handler Unit Report for the selected systems (up to 3) • A Zone Controller Analysis report for the zone controllers associated with these air handlers (up to 150 total) Air Handler Unit Reports The Air Handler Unit Report logically presents operational trend data from the included systems to facilitate quick, accurate diagnosis and communication of deficiencies and potential improvements. The proprietary visualizations used in this report put operational data into context with relation to sequence and weather influence, allowing for improved detection and diagnosis of issues compared to time -series data on its own. This analysis's recommendations include low-cost keystroke corrections and more significant improvement measures. Zone Controller Data Analysis Zone Controller Data Analysis is a unique approach applied to room -level control devices. Rather than spend time creating trends for dozens of points on hundreds of devices, which can be taxing on the infrastructure of the BAS as well as labor-intensive, the snapshot analysis takes a moment -in -time look at all the operational data on a zone controller. It identifies issues with both operations and controller configuration. This snapshot analysis strikes the right balance between issue identification and efficiency. Upon completion of these reports, the Siemens customer team (consisting of the Client Service Manager, Service Technician, and Energy Engineer) will meet with the client to review the findings and help develop an action plan to address the deficiencies and potential improvements that have been identified. Page 5of16 SIEMENS Assessment Scope The scope of this assessment includes air handlers and associated zone controllers. Analysis will be limited to temperature control, economizer control, and fan speed control. Exclusions Any pneumatically controlled equipment is excluded from the scope of this analysis. Any equipment that does not communicate via BACnet is excluded from this analysis. Analysis of AHU controls not included in the assessment scope (such as humidification, CO2 control, and heat recovery systems) are excluded from the scope of this analysis. Analysis of pressurization control (Ex. labs, surgery, etc.) is excluded from this analysis. BAS Historian sampling a small amount of data at 5-minute intervals should not affect network performance. Siemens is not responsible for network performance issues. Siemens Industry, Inc. is a leading single -source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. Siemens is a financially strong global organization with a Branch network that delivers personalized service and support to customers in multiple industries and locations. References are available upon request. Page 6 of 16 Building Services — Automation SIEMENS Services that deliver the outcomes you want to achieve Services delivered by Siemens have been developed to help you achieve the outcomes you expect. Scope of Services Customer Directed Support & Preventive Maintenance — Automation Customer Directed Support, Siemens will provide a trained and experienced specialist or technician. The in- tent of this service is to offer targeted labor assistance in correcting, adjusting and enhancing the needs and objectives of the facility and its operational efficiencies. Specific job responsibilities, goals, work hours and other associated deliverables of this service are listed in the Appendix section of this service agreement. In addition, We will provide preventive maintenance in accordance with a program of routines as determined by our experience, equipment application and location. Automation controls can drift out of calibration with changes in HVAC component performance characteristics, building use, and climatic conditions. This service will extend equipment life, reduce energy consumption, and reduce the risk of costly and disruptive break- downs. As it relates to operator/system coaching, we will also review and reinforce learned skills, leading to greater operator knowledge and productivity. Siemens will assist your operators in identifying, verifying and resolving problems found in executing tasks. Based on the site requirement, site conditions and equipment present at the site, some of the tasks performed during preventive maintenance include the following: • Visually Inspect cabinet and observe operating environment • Check Diagnostic LEDs and electrical wiring and tighten loose connections • Identify overridden HOA Switches • Review with the customer before attempting to change/correct • Verify supply air pressure to the panel, if applicable • Pinch branch line and check for leaks (Pressure drop), if applicable • Check for air leaks and oil or water contamination • Ensure all wiring and tubing is dressed properly • Secure all loose components in panel • Clean as necessary Note: The tasks mentioned above are generic tasks. All the above tasks may or may not be performed based on the equipment maintained at your facility. • The equipment to be included as part of this service, is itemized in the List of Maintained Equipment in this service agreement Software Maintenance Siemens will address any programming errors, failed points, points in alarm, unresolved points or points in operator priority, both at the front-end workstation and at the field panel. We will perform this service using onsite visits and/or remote services (if applicable). Page 7of16 Online Data Backup & Protection SIEMENS Siemens will perform scheduled database backups remotely of all graphics, reports, configurations, user information and databases, and store this information on a cloud -based secure server. If, for any reason, any of the backed -up information or data is lost from your system, Siemens can reload the information or data on -site or remotely, with your backup copy (if covered elsewhere within this service agreement). The frequency and equipment to be included as part of this service is itemized in the List of Equipment Related Services. Online backups of the SQL database, historical data, and trends are not included with the Desigo CC application backup. Building Services — Mechanical Services that deliver the outcomes you want to achieve Services delivered by Siemens have been developed to help you achieve the outcomes you expect. Scope of Services Customer Directed Support & Preventive Maintenance — Mechanical Pneumatic controls can drift out of calibration with changes in mechanical component performance, building use, and climatic conditions. Siemens will provide preventative maintenance in accordance with a program of standard routines that include calibration as determined by our experience, equipment application and location. Siemens will follow the customers direction as to which pieces of equipment will be addressed under this offering. In addition, with the customer directed support, Siemens will provide a mechanic or pipefitter who will work under your direction. The intent of this service is to offer trained and experienced labor assistance in completing a special project, or meet a facility objective. Specific job responsibilities, goals, work hours and other associated deliverables of this ser- vice are listed in the Appendix section of this service agreement. Connectivity and Communications Siemens Service Portal The Service Portal complements the personalized services you will receive from your local Siemens office by providing greater visibility into equipment and services delivered by Siemens. This web -based portal allows you the ability to submit service re- quests, confirm and modify schedules, track repairs, manage agreements, generate reports, and access critical information; then share it across your entire enterprise quickly and efficiently. The Service Portal is a user-friendly way to increase your productivity and the value of your service program. Data security as a basic requirement We value confidentiality and long-term partnerships. That is why we give the security of your data the highest priority. Before we implement an enhanced service package with remote support, we conduct an indepth analysis of the situation, taking into account national and international regulations, technical infrastructures and industry specifics. Our service employees carefully evaluate your needs on an individual basis with a view toward information security. Annual Repair and Maintenance Funds Funds for Miscellaneous and Unplanned Issues The city & Siemens recognizes the importance of maintaining the aging infrastructure of your facility systems and that there may be unplanned failures that will need to be attended immediately. There will be $75,000 allotted per fiscal year in addition to the dollar amount for the annual services for these unplanned projects and issues that occur. Page 8of16 Service Agreement Contract Characteristics Description Hours of Coverage (Billable) Response Times (Phone/Online) (Billable) Response Times (Onsite/Emergency) (Billable) Remote Services Third Party Systems Monitoring Additional Labor Discount Additional Material Discount SIEMENS 24x7 2 Hours 4 Hours Yes No No 20% 60% Labor and material discounts are applicable for sites identified in this agreement and are only available for the disciplines included in this agreement. Material discounts do not apply to 3rd party or non -Siemens Building Products manufactured components. EMERGENCY RESPONSES Phone Number to Call: 800-806-0886 You may place a service call to the above phone number if the facility you are calling about has previously been setup in our system. Page 9of16 k� a� z z z z 0 o v cu ci u 0 0 0 0 0 J 3 I N u Q) fu Q� _ E O CL O c W Q Ln 00 I'D m c c c c O O O O E E E E 0 0 0 0 Q Q Q Q v v u v u U c c c c c c c c W v v (L) c c c c m r r M 2E 2 2 5 aU v v (2) c c c c aU a) v a) CL 0- a CL. z Q U- v � v V O Q V LU N c O u n3 E aa) c � cp c 0 2 °C a z u LU u a � co 0 0 SIEMENS General Services Automation Service Description da Qty Frequency Year Customer Directed Support (PM) 8 12 1 (A) Online Data Backup and Protection Service 1 1 1 Mechanical IService Description Qty Frequency Year Customer Directed Support (PM) 8 6 1 Energy 1w Service Description Qty Frequency Year Smart Building Assessment 1 1 1 Page 11 of 16 SIEMENS Service Team An important benefit of your Service Agreement derives from having the trained building service personnel of Siemens Industry, Inc. familiar with your building systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system. Added to the team is a team of building experts at our Digital Service Center. The benefits you receive are less disruption to your employees at the site, less intrusive on the system at peak hours, fewer emissions for trucks rolled, and real time analytics with digital workspace hours. The following list outlines the service team that will be assigned to the service agreement for your facility Your Assigned Team of Service Professionals will include: Cam Hart - Sales Executive manages the overall strategic service plan based upon your current and future service requirements. Mish Anderson - Client Services Manager is responsible for ensuring that our contractual obligations are delivered, your expectations are being met and you are satisfied with the delivery of our services. Primary Service Specialist is responsible for performing the ongoing service of your system Remote Services Specialist is responsible for the execution of remote services including proactive planned tasks, in-depth fault analysis and identification of corrective actions. Service Operations Manager is responsible for managing the delivery of your entire support program and service requirements. Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your emergency situations by taking the appropriate action. Secondary Service Specialist who will be familiarized with your building systems to provide Service Administrator is responsible for all in-depth backup coverage. Service Energy Engineer is responsible for delivering analysis and improvement recommendations related to the performance of in -scope mechanical systems. service invoicing including both service agreement and service projects. Page 12 of 16 SIEMENS Terms and Conditions Terms & Conditions (www.siemens.com/standard-terms-service) Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU, CMAI, COMEX market indexes or IHS Markit, then Siemens may increase the applicable yearly Investment or apply a surcharge accordingly. As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. Online Backup and Data Protection (www.siemens.com/data-backup-addendum) Software License Warranty (www.siemens.com/software-license-addendum) Digital Service Offerings (www.siemens.com/digital-service-addendum) Exclusions and Clarifications (www.siemens.com/clarification-addendum) Page 13 of 16 Agreement Terms for Investments Services shall be provided at: SIEMENS 1. City Hall: 20 Civic Center Plaza, Santa Ana, CA 92701 2. City Yard: 122 N Newhope St, Santa Ana, CA 92703 3. Library- Main: 26 Civic Center Plaza, Santa Ana, CA 92701 4. Library- Newhope: 220 S Daisy Ave, Santa Ana, CA 92703 5. Santa Ana Senior Center: 424 W. Third St., Santa Ana, CA 92701 6. Train Station (SARTC): 1000 E. Santa Ana Blvd., Santa Ana, CA 92701 7. Ross Annex: Next Door to City Hall Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the associated terms and conditions contained within. Duration (Initial Term and Renewal): This Agreement shall remain in effect for an Initial Term of 1 Periods beginning July 1, 2025. After the expiration of the Initial Term, this Agreement shall automatically renew for successive one year periods. The Investments for each year after the Initial Term of the Agreement and each year of each renewal of this Agreement shall be determined as the immediate prior year's Investment plus an escalator of 5.5% or as allowed per this proposal (This proposal includes 3.0% escalator for all option periods). In addition, each renewal term pricing shall be adjusted for any additions or deletions to services selected for the renewal term. Initial Term Investments: Year Period Range Jul 1,2025 -Jun 30,2026 Optional Extension Periods: Year 2 Jul 1,2026 - Jun 30,2027 Year 3 Jul 1,2027 - Jun 30,2028 Year 4 Jul 1,2028 - Jun 30,2029 Year 5 Jul 1,2029 - Jun 30,2030 Investment Total Amount Due In Advance Based On Billing Frequency Billing Frequency Annual Price Annually (In Advance) $62,292.00 $64,145.00 Annually (In Advance) $66,069.00 Annually (In Advance) $68,051.00 Annually (In Advance) $70,092.00 Annually (In Advance) $62,292.00* Applicable sales taxes are excluded from the Investments. The pricing quoted in this Proposal is firm for 30 days. Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. *Siemens' pricing is subject to adjustment for any direct or indirect new or modified taxes, duties, tariffs, or equivalent measures imposed by any U.S. or foreign governmental authority that are applicable to our offering, including any hardware, software, or service components contained therein. Siemens shall be entitled to an equitable adjustment in pricing to reflect the impacts of any such measures. Please note that the aforementioned measures specifically include any price adjustments required as a result of increased costs incurred by Siemens due to tariffs imposed by any governmental authority (including, without limitation, increased costs due to tariffs imposed by any governmental authority on Siemens' vendors). Page 14 of 16 SIEMENS Signature Page The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER. Initial Term Investments Period eriod Range 1 Jul 1,2025 -Jun 30,2026 Proposed by: Siemens Industry, Inc. Company Cam Hart Name 9574285 Proposal # $62,292.00 Proposal Amount February 27, 2025 Date Billing Frequency Annual Price i Annually (In Advance) $62,292.00 Accepted by: CITY OF SANTA ANA Company Name (Printed) Signature Title Date Purchase Order # ❑ PO for billinglpmnt only ❑ PO not required Page 15 of 16 Siemens Service Portfolio Advisory and Performance Services Sarldros that kwp syssarns porrormiag .100r b.L as d.sly nod ands Inw.&d to Operate, 1141p you Achim: • 6pumued —rom safoty, and wcurlty • fulfilled r4gulatwyra9u1r.—ks • G... w Iranspa rency Into cntlrar Wstams • F"vCod ppar4ting risk Fac111ty Assessmen L5 Punntaap Indaprh auddeng system asaosNakanl arkd recornrnersd.6-% deltnition p1 r.levaad KWs, and 6eW1OVhken1 Of )par s,NsZi prograld Test L Inspacdm Regular creekups W Me— sysl.m p4rrormandn compared to your dehrpd Tjohry and regu!atiorr Wuiramenlsand risks PrarsonSlye SQNI(ga Seraiws pHfwnwd on a ragafar Schad. or based - data anwytics to wily and -.prose Sys Sam "he 04cumedlaTlwl 1rSanap.rrran t Manogonwi of cro rear buodrng system and colnplarloe intdrmiiWn, wish w9aniatian and mcoss deterrnined by your n.ads Ctlnacllve Servkas Ifal+Qdip1E raspama rpstrslam failures or TOWN to IeSIGre f-Crkona6ty and Inragkiry lodaskrad stab SIEMENS SIEMENS +e,•aS.t�t, try {8Y �'Ft. 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