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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. 25D-2 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 25D-3 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 25D-4 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: 25D-5 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. 25D-6 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. 25D-7 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. 25D-8 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 _ 25D-10 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. 25D-11 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