HomeMy WebLinkAbout25F - AGMT - HVAC AND LIGHTING CONTROL SYSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 5, 2015
TITLE:
AGREEMENT WITH SIEMENS
INDUSTRY, INC. FOR HVAC
AND LIGHTING CONTROL SYSTEMS
MAINTENANCE AGREEMENT
(STRAT GaG ANN S. 6, 1C; 6, 1G)
CITY MAN ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 18' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Siemens Industry,
Inc. for HVAC and lighting control systems maintenance agreement for a three -year period with
provisions for two one -year term extensions exercisable by the City Manager, in an amount not to
exceed $218,942, subject to non - substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
In February 2003, the Public Works Agency entered into an agreement with Siemens Industry, Inc. for
several energy management projects. The original agreement contained provisions for an HVAC and
lighting control system which supports Building Maintenance's energy efficiency initiatives. The
control system integrated multiple building systems regardless of the manufacturer or installer.
In the spirit of managing facility utility usage with best management practices, staff recommends
execution of an agreement to provide technical support for Siemens proprietary building automation
control systems that regulate HVAC equipment and lighting at City Hall, Ross Annex, Ross Annex
garage, Main Library, City Yard, and El Salvador Center. Additional funds are included for
mechanical repairs of HVAC equipment linked to the Siemens control systems.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the city's efforts to meet Goal #6 Community Facilities & Infrastructure,
Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C
(invest resources and technology to extend the service life of existing infrastructure to protect the
City's investment and support a high quality of life standard) and Strategy G (develop and implement
the City's Capital Improvement Program in coordination with the Community Investment and Deferred
Maintenance Plans).
25F -1
Agreement with Siemens Industry, Inc.
May 5, 2015
Page 2
FISCAL IMPACT
Funds in the amount of $11,930 for the first two months of the agreement are available in the Finance
& Management Services Building Maintenance account (07310100- 62300). Subsequent funding will
be budgeted at $71,804 in fiscal year 2015 -16, $73,208 in fiscal year 2016 -17 and $62,000 in fiscal
year 2017 -18.
APPROVED AS TO FUNDS AND ACCCOUNTS:
Francisco Gutierrez Z
Executive Director
Finance and Management Services Agency
JA /SV /sp
Exhibit: 1. Agreement
25F -2
CONSULTANT AGREEMENT
THIS AGREEMENT Is made and entered into this 5th day of May, 2015 by and between Siemens
Industry, Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ( "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of HVAC
and lighting controls technical support end maintenance and related matters.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $218,942.00 during the term of this Agreement. This
amount includes a contingency of up to $25,000 for each year of the Agreement for
related HVAC repairs as may be performed by Consultant at the sole discretion of City.
Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures, Payment
need not be made for work which fails to meet the standards of performance set forth in
the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on April 30, 2018,
unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be
extended for two (2) additional one -year terms upon a writing executed by the City Manager and the
City Attorney, at a cost to be mutually agreed upon by the parties.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
1
25F -3
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 Consultant
under this Agreement ( "Documents & Data "). Consultant 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. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant 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
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a, Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall Include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal Injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City,
its officers, employees, agents, volunteers and representatives as additional insured(s);
(b) be primary and non - contributory with respect to insurance or self- insurance programs
maintained by the City; and (c) contain standard separation of insureds provisions.
Consultant shall supply City with a fully executed additional insured endorsement upon
execution of this Agreement.
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 California state
law, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self- insurance. Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
2
25F -4
(1) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed In any other material aspect without
thirty (30) days prior written notice to the City.
If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. Consultant
waives the right to receive compensation and agrees to indemnify the City for any work
performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from
any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due
by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party 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 Consultant'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 Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
3
25F -5
Consultant 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. Consultant 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 Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential Information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. 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: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
and
Francisco Guttierez
Executive Director
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
4
25F -6
P.O. Box 1988
Santa Ana, California 92702
Fax 714 - 647 -6515
To Consultant: Siemens Industry, Inc.
10775 Business Center Drive
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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Consultant. 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 Consultant
or the City. Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may rot assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City. _
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
5
25F -7
16. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
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
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. Consultant shall notify the City immediately and in writing of its
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature 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.
-- signature page follows --
6
25F -8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Q9,
Joh ' Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Francisco Gutierrez
Executive Director
Finance and Management
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONSULTANT
Siemens Industry, Inc.
0
7
25F -9
EXHIBIT A
SCOPE OF SERVICES
25F -10
Advantage Services®
Agreement for City of Santa Ana
March 24, 2015
25F -11 ,
1 ..max
3
i
Advantaqe Services
Advantage Services
Agreement for City of Santa Ana
March 24, 2015
Siemens Industry, Inc. 3/24/2015 Page 1
25F -12
Advantage Services
Table of Contents
Advantage Services
.1 Overview
1.1 Executive Summary
1.2 Customer Objectives
1.3 Siemens Capabilities & Commitment to Our Customers
2 Service Solution
2.1 HVAC CONTROL SERVICES — Automation
21 .1 Customer Support Services
2.1.2 Technical Support Services
2.1.3 System Performance Updates & Upgrades
2.2 HVAC CONTROL SERVICES— Pneumatic
2.2.1 Technical Support Services
3 Service Implementation Plan
3.1 HVAC Control Services — Automation And Pneumatic On -site Response Time and Call Windows
3.2 Minimum Scheduled Visits
3.3 Maintained Equipment Table
3.4 Service Team
4 Siemens Industry, Inc.
4.1 Signature Page and Investment By and Between:
4.2 Terms And Conditions
Appendix A. Discotmted Labor & A4atenal Pricing
Siemens Industry, Inc. 3/24/2015
25F -13
Page 2
1
3
3
3
3
4
4
4
5
5
6
6
7
7
7
8
10
11
11
12
17
Advantage Services
1 Overview
11 Executive Summary
The City of Santa Aria has made a significant investment in its facility and its complex technical systems which are
critical to the profitability and productivity of your overall business. This proposed service solution, our Service
Agreement, will proactively serve to protect that substantial Investment through a program of planned service
tasks by our trained technical staff.
This Service Agreement has been specifically developed to support the City of Santa Ana's unique facility, and the
services provided herein will help you in achieving your facility goals.
1,2 Customer Objectives
City of Santa Ana is responsible for delivering a comfortable and consistent environment to its facilities at minimal
costs. The city plans to achieve this by keeping its system running efficiently and extend the life of its equipment
through a preventive maintenance agreement.
13 Siemens Capabilities & Commitment to Our Customers
Siemens Industry, Inc. is the 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. Siemens is pleased to offer this proposal for technical support services to your facility. For more than
150 years, Siemens has built a culture of long -term commitment to customers through innovation and technology.
We are confident that we have the capabilities to meet your critical facility needs today and in the future, and we
look forward to the opportunity to serve YOU
Siemens Industry, Inc 3/2412016 Page 3
25F -14
Advantage Services
2 Service Solution
21 HVAC CONTROL SERVICES — Automation
2.1.1 Customer Support Services
Emergency Online /Phone Response: Monday through Sunday, 24 Hours per Day
System and software troubleshooting and diagnostics will be provided remotely to enable faster response to
emergency service requests and to reduce the costs and disruptions of downtime. Siemens will provide up to 8
hours per year of online /phone support after that calls will be billable. Siemens will respond within 2 hours,
Monday through Sunday, 24 hours per day, Including Holidays, upon receiving notification of an emergency, as
determined by your staff and Siemens. Siemens will furnish and install the necessary online service technology to
enable us to remotely dial into your system, through a dedicated telephone line that will be provided by the
facility. Where remote access is not available to the system, Siemens will provide phone support to your staff to
assist in their onsite troubleshooting and diagnosis. If remote diagnostics determine a site visit is required to
resolve the problem, a technician can be dispatched.
Emergency Onsite Response: Monday through Sunday, 24 Hours per Day
Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an
unexpected problem does occur. Siemens will provide up to 16 hours per year of onsite after that onsite
assistance will be billable. Siemens will provide this service between scheduled service calls and respond onsite at
your facility within 4 hours for critical emergencies, or within S hours for nomemergency conditions, Monday
through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency, Critical
emergencies, as determined by your staff and Siemens, are failures at a system or panel level that would result In
the loss of the operation of an entire section of a building or place the facility at high risk. Non - emergency
conditions, as determined by your staff and Siemens, are failures at an individual component level resulting in
minimal impact to the overall operation of the facility. Non - emergency conditions, as determined byyour staff
and Siemens, may be incorporated into the next scheduled service call,
Technology Audit
To ensure that your HVAC Control System meets your changing needs, Siemens will reviewyour system,
evaluating the current use of your HVAC Control System and what may have been changed or been modified in
your daily facility operation that impacts the effectiveness of the system. Siemens will review applicable building
control technologies, suggest possible new strategies or technologies that could be implemented to enhance your
current system, and consider what changes, enhancements and /or upgrades should be made to facilitate your
future plans. In addition, recommendations may be made about adding and /or modifying applications, sensors,
points, panels and /or software where needed to improve building operation and performance, Once the review is
completed, a written report of the findings and recommendations will be submitted during a scheduled meeting.
Siemens Industry, Inc. 3/2412015 Page 4
25F -15
Advantage Services
2.1.2 Technical Support Services
Preventive Maintenance
We will provide preventive maintenance in accordance with a program of routines as determined by our
experience, equipment application and location. The list of field panels and /or devices, included under this service,
is identified in the List of Maintained Equipment in this service agreement. Automation controls can drift out of
calibration with changes in HVAC component performance characteristics, building use, and climatic conditions.
This service will extend equipment life, reduce energy consumption, and reduce the risk of costly and disruptive
breakdowns.
Data Protection & Data Recovery Services
Slemens will perform scheduled database back -ups of your workstation database & graphics and / or field panel
databases and provide safe storage of this critical business information. Should a catastrophic event occur, we will
respond onsite or online to reload the databases and system files from our stored backup copy, to restore your
operation as soon as possible. The equipment to be included as part of this service, is itemized in the List of
Maintained Equipment in this service agreement.
Software Maintenance
Siemens will address any programming errors, failed points, points in alarm, unresolved points or points in
operator priority, both at the front end workstation and at the field panel. We will perform this service using onsite
visits and / or remote services.
Customer Directed Support
With Customer Directed Support, Siemens will provide a trained and experienced automation specialist who will
work under your direction for up to 16 hours per year. The intent of this service is to offer you labor assistance in
completing a special project, or to meet a facility objective.
2.1.3 System Performance Updates & Upgrades
Firmware Updates
We will provide you with firmware and documentation updates to your existing APOGEE field panels upon
development. Onsite training will familiarizeyou with the new features and their associated benefits. These
updates deliver the benefits of Siemens Industry, Inc. commitment to compatibility by design; a commitment
unique in our industry. Field panels included under this service are itemized in the List of Maintained Equipment.
(Upgrades to Field Panel hardware, processors, memory boards, and related hardware are excluded unless
specified elsewhere.)
Siemens Industry, Inc. 3/24/2015 Page 5
25F -16
Advantage Services
Software Support and Updates
Siemens will provide you with software and documentation updates to your existing Siemens software as they
become available (approximately annually). Included is onslte training to familiarize you with the new features
and their associated benefits. These updates deliver the benefits of Siemens Industry, Inc. commitment to
compatibility by design, a commitment unique in our industry. Workstations covered under this service are
itemized in the List of Maintained Equipment, (Upgrades to PC's and related workstation hardware are excluded
unless specified elsewhere.)
2,2 HVAC CONTROL SERVICES — Pneumatic
2.21 Technical Support Services
Preventive Maintenance
Pneumatic controls can drift out of calibration with changes In mechanical component performance, building use,
and climatic conditions. Siemens will provide preventative maintenance in accordance with a program of standard
routines that include calibration as determined by our experience, equipment application and location. The
equipment included under this service is itemized in the List of Maintained Equipment in this service agreement.
Pneumatic Controls Inspection
We will Inspect the pneumatic controls in your facility, and will document any portions of the system that are not
functioning properly. The equipment Included under this service is itemized in the List of Maintained Equipment in
this service agreement. A regular and thorough inspection can help in identifying pneumatic control problems,
that when corrected, will extend equipment life, reduce energy consumption, and reduce the risk of costly and
disruptive breakdowns.
Customer Directed Support
With Customer Directed Support, Siemens will provide a mechanic or pipefitterwho will work under your direction
for up to 16 hours per year. The Intent of this service is to offer trained and experienced labor assistance in
completing a special project, or to meet a facility objective. Specifejob responsibilities, goals, work hours and
other associated deliverables of this service are listed in the Appendix section of this service agreement.
Siemens Industry, Inc. 3/24/2015 Page 6
25F -17
Advantage Services
3 Service Implementation Plan
3.1 FIVAC Control Services —Automation And Pneumatic On -site Response
Time and Call Windows
Attribute
Feb
Emergency Online /Phone Response
2 hours
Response time - onsite for critical
components
4 hours - labor to appear onsite is covered within this
response time coverage*
Response time - onsite for non-
emergency
8 hours - labor to appear onsite is covered within this
response time coverage*
Hours of Service
24 x 7 • Response time labor is covered within these
hours of service
Window for Call Handling
24x7 — Availability to take your call
"Labor and material costs for troubleshooting problems and repairing or replacing components are handled
separately. These costs can be billable.
3.2 Minimum Scheduled Visits
Automation
Jan
Feb
Mar
lApr
May
Jun
Jul
lAug
S:ep
10cl:
Nov
IDec
I
i
7
t
i
i
i
s
x
_11
1
Mechanical
Siemens Industry, Inc. 3124/2015 Page 7
25F -18
Advantaqe Services
3,3 Maintained Equipment Table
SIEMENS
Siemens Building Technologies
Service Agreement
APOGEE ALN MEC 15'
Services (Times per year), Preventative Malntenanoa (1) - Software Maintenance (1)
APOGEE ALN FLN Controller 1
Services (Times per year): FrWerr tative Mainterrindo (1)
APOGEE ALN PXC MODULAR 3
Services (Times per year): - Preventative Maintenance Software Maintenance (1)
System Performance Software Support Insight 3.X User 1
es
p at and .Updates p
U plates, dates Licens e
Services (Times per year): Software Update (1 )
System Performance Software Support Insight 3.X 1
Updates and Updates first/single server
Services (Times per year): Software Update (1)
Control Systems - Data Protection & Insight 3.X 3/U 1
Summary Level Data Recovery on -site
Services (Times per year): Data Protection & Recovery Services (2)
System Performance Firmware Updates Firmware Flashes
Updates 19
Services (Times per year): Firmware Update (1)
Siemens Industry, Inc. 3/24/2015 page g
25F -19
Advantage Services
APOGEE FLN TEC 168
Services (Times per year). Preventative Maintenance (1)
System Level Quick System Level i Valves 25
Estimate Quick Estimate
Services (Times per year): Inspection (1) - .Preventative Maintenance (1)
Air Compressors & Air Compressors & ! Air comp. 3 HP ` 2
Dryers Dryers
Services (Times per year): Inspecton {2) - PreveotatNa Maintenance (q)
Air Compressors & Air Compressors & Air Dryer 1
Dryers Dryers
Services ( Times per year): Inspeotipn (1) - Preventative Maintenance (1)
Air Compressors & 'Air Compressors & Air comp. 2 HP 1
Dryers Dryers
Servioos (Tim(§S per year)F Inspection (2)- Prevenfative Maintenanoe (1)
Controllers Controllers Receiver
Controller
Services (Times per year): Inspection (1) - Preventative Maintenanoe (1)
Controllers Controllers T -stat ' Room
, 60
Single Pressure
Services (Times per year). Inspection (1) - Preventative Maintenance (1)
Valves & Actuators Valves & Actuators ! Pressure 1
Reducing Valve
Services (Times per year): Inspection (1) - Preventative Maintenance (1)
Siemens Industry, Inc, 3/24/2015 Page 9
25F -20
Advantage Services
3A Service Team
An important benefit of your Service Agreement derives from having the trained 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.
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;
Julie Slick - Sales Account Representative manages the overall strategic service plan based upon your current
and future service requirements.
Taylor Dinh - Service Account Engineer or Team Deader 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.
Dave Garza - Primary Service Specialist is responsible for performing the ongoing service of your system focused
on the building automation.
Ernie Infante - Service Mechanic is responsible for performing the ongoing service ofyoursystem focused on the
building's mechanical systems.
Kurt Feldmann - Service Operations Manager is responsible for managing the delivery of your entire support
program and service requirements.
Maria Serrrano - Service Coordinator is responsible for scheduling your planned maintenance visits, and
handling your emergency situations by taking the appropriate action.
Michael Reinig -Service Administrator is responsible for all service invoicing including both service agreement
and service projects.
Siemens Industry, Inc. 3/24/2015 Page 10
25F -21
Advantaqe Services
4 Siemens Industry, Inc.
4.1 Signature Page and Investment By and Between;
Siemens Industry, Inc, City of Santa Ana
10775 Business Center Drive 20 Civic Center Plaza
Cypress, CA 90630 Santa Ana, CA 92701
Services shall be provided at 20 Civic Center Plaza, Santa Ana, CA 92701.
Siemens Industry, Inc. shall provide the services as outlined in the attached proposal dated 03/24/2015 and the
attached terms and conditions.
Duration: This agreement shall remain in effect for an Initial Term of 3 Years beginning 05/01/2015 and from year
to year thereafter.
Investments:
Year 1 05/01/2015 to 04J30/201 6
$46,570 annually
paid $46,570 annually In advance
Year 2 05/01/2016 to 04130/2017
$47,970 annually
paid $47,970 annually In advance
Year 3 05/01/2017 to 0413 0/2 01 8
$49,400 annually
paid $49,400 annually In advance
Applicable sales taxes are not included in
the price of this proposal.
Prices quoted in this proposal are firm for 30
d ays.
Proposal accepted by:
Proposal submitted by:
John Aguilar
Julie Slick
Facilities Maintenance
Sales Rep
City of Santa Ana
Siemens Industry, Inc,
Signature Date
Signature Date
Or
❑ Customer purchase order included as an attachment to this
agreement and will be referenced on invoices.
❑ Customer purchase order not required. Invoices will be
approved and processed with signature of authorized
customer representative.
Dan Holmes
Area Sales Manger
Signature
Date
The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.: (1) the Proposal and the Contract
Terms and Conditions, (together with any other documents Incorporated Into the Forgoing) shall constitute the entire agreement of the parties with
respect to Its subject matter (collectively, hereinafter referred to as the "Agreement ") and pl) In the event of any conflict between the terms and
conditions of the Proposal and the terms and conditions of The Contract Terrns and Conditions, the Contract Terms and Conditions shall control.
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 CUSTOMER.
Siemens Industry, Inc. 3/24/2015 Page 11
25F -22