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HomeMy WebLinkAbout25L - AGMT HVAC AIR-HANDLING SYSTEMS REPLACEMENT AT SNA REG TRANS CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: REPROGRAM FUNDS FROM THE ADDRESSING MAINTENANCE ENHANCING SERVICE PROGRAM; AND APPROVE AGREEMENT WITH ACCO ENGINEERED SYSTEMS FOR HVAC AIR -HANDLING SYSTEMS REPLACEMENT AT SANTA ANA REGIONAL TRANSPORTATION CENTER PROJECT 17-6008 {STRATEGIC PLAN NO. 6, 1G & 2A) c CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize reprogramming $650,000 in the Addressing Maintenance Enhancing Service Program, from SARTC general deferred maintenance to SARTC HVAC system replacement. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with ACCO Engineered Systems, for the term beginning June 20, 2017 and continuing through December 31, 2017, to provide replacement of HVAC air -handling systems at the Santa Ana Regional Transportation Center, in an amount not to exceed $650,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. This Agreement may be extended by the City Manager and City Attorney. At the October 20, 2015, the Mayor and City Council reviewed and approved the Fiscal Year 14/15 Surplus Allocation Plan. The Plan was subsequently renamed Addressing Maintenance Enhancing Service (AMES) Program. The AMES Program allocates funds to various capital and deferred maintenance projects, including the Santa Ana Regional Transportation Center (SARTC). SARTC is the focal point of transportation in Orange County. It combines Amtrak, Metrolink, Orange County Transit Authority, intercity and interstate bus transportation, and airport and taxi services all in one location. In addition, the Santa Ana WORK Center is located within the SARTC. The WORK Center collocates resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling. Currently, $650,000 has been programmed to address general priority deferred maintenance at the facility. Staff identified fifteen HVAC air -handling units on the first floor of SARTC that are non-functional and in need of immediate replacement. These units are categorized as capital replacement items. Therefore staff is requesting that the $650,000 be reprogrammed from general deferred maintenance and allocated to HVAC system replacements. On May 8, 2017, staff issued a Request for Proposals (RFP) (Exhibit 1) for HVAC Replacement at SARTC on the City's website and on Planet Bids. The Scope of Work included fan coil unit 25L-1 Agreement with ACCO Engineered Systems for HVAC Air Handling Systems at Santa Ana Regional Transportation Center June 20, 2017 Page 2 replacement. Pricing options were also requested for auto -demand response thermostats, variable air volume control, variable chilled water pumping control, new control system, and additional fan coil replacement. Ten firms attended the mandatory job walk on May 16, 2017. Proposals were due on June 8, 2017, and three (3) proposals were received. Each proposal was evaluated and ranked by a review committee comprised of staff from the City's Public Works and Finance & Management (Building Maintenance) agencies. The ranking criteria included firm and team experience, understanding of need, relevant project experience, implementation schedule, references, and fee. The following is a summary of the proposal rankings: Firm Score Proposed Fee ACCO Engineered Systems 97.2 $528,980 Trane Building Services 88.6 $524,015 F.M. Thomas Air Conditioning, Inc. 52.8 $573,390 Staff recommends awarding a contract to ACCO Engineered Systems, based on its experience with similar work, understanding of the project scope, and proposed fee and delivery schedules. The total agreement compensation is in the amount of $650,000 (Exhibit 2).The total compensation includes an 18.6% contingency for unforeseen items, any unused contingency will be used for SARTC improvements. While ACCO Engineered Systems is not the lowest proposal, the timeline for completion is significantly shorter, minimizing disruption during the summer months. STRATEGIC PLAN ALIGNMENT Approval of this item supports City' s efforts to meet Strategic Plan Goal # 6 — Community Facilities & Infrastructure, Objective # 1 ( establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans), and Objective 2 ( address deferred maintenance on City buildings and equipment), Strategy A ( prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). FISCAL IMPACT Funds in the amount of $650,000 are available in the Public Works Project 17-6008 account (No. 05017018-66220) for expenditure in FY 2017/18. 'Frdl Mo savi"pour Executive Director Public Works Agency FM/CK Exhibits: 1. Request for Proposals (RFP 17-057) 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25L-2 REQUEST FOR PROPOSALS (RFP) FOR HVAC REPLACEMENT AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER RFP NO.: 17-056 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Christy Kindig Project Manager (714) 647-5088 Office cldndia(i santa-ana.org for Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Letter of Intent: Mandatory Pre -Proposal Job Walk: Deadline for Requests for Information: Proposal Due Date: Presentation/Interviews (optional): Projected Award Date: g�y��ry Fred Mousavipour / Executive Direetor Public Works Agency May 8, 2017 May 11, 2017 May 16,2017; 10:00 a.m. May 26, 2017 June 5, 2017; 4:00 p.m. June 8, 2017 June 20, 2017 Exhibit 1 25L-3 U NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for $VAC Replacement at the Santa Ana Regional Transportation Center (SARTC). Responses to this Request for Proposals (RFP) will be accepted until June 5, 2017 at 4:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR I3VAC REPLACEMENT AT SARTC RFP NO. 17-056 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Christy Kindig Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 MANDATORY PRE -PROPOSAL JOB WALK A mandatory pre -proposal job walk is scheduled for this contract as follows: • Tuesday, May 16, 2017 at 10:OOAM Santa Ana Regional Transportation Center - Lobby 1000 E. Santa Ana Boulevard, Santa Ana, CA 92701 Meet in Lobby. The job walls will include a discussion of the project, an overview of the City's expectations of the awarded contractor, and an opportunity for prospective proposers to view the job site and ask questions of City staff on any matter in the RFP. Questions and answers deemed to be of interest to all prospective proposers will become addenda posted on the City's bid management and publications website, It is the proposers' responsibility to check the site for that information and any other information pertinent to the RFP. City will make every effort to post the questions and answers within two (2) business days of the job walls. Proposers' operation/field supervisors are strongly encouraged to attend the job walls. Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. City of Santa Ana RFP 17-056 25t-4 All notifications, updates and addenda will be posted on the City's RFP Bid pages at www.santa- ana.or bids-rfpss, and at www.plaiietbids.com/portal/Xortal.cfm?Coml2anylD=20137. Proposers shall be responsible for monitoring the sites to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT - Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information: 1. Use formal company letterhead. 2. Indication of company interest in the RFP, 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information, City of Santa Ana RFP 17-056 (9) TABLE OF CONTENTS INTRODUCTION /PROJECT DESCRIPTION II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D, ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL, MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2, SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-056 2 9 E A6 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI, IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-056 2 9 E A6 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Worlc: The City of Santa Ana is seeking HVAC Replacement at SARTC, A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1, Number of Proposals and Signature: Four hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimrum 11 -point Arial, Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Ratin : The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 20% • Understanding of Need 15% • Relevant Project Experience 20% • Schedule 20% • References 15% • Fee* 10% * Fee is a weighted consideration for award. However, it is not the only consideration. The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above, A final score will be calculated for each submitted proposal and used to rank the proposers, Prevailing Wage: The Director of Industrial Relations has determined that labor services performed on projects under this contract are subject to prevailing wage. • No contractor or subcontractor maybe listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bad purposes only under Labor Code section 1771.1(a)] • Under the provisions of SB854 the City of Santa Ana may not accept a bid from, or enter into a contract for any public work with any contractor not currently registered with the DIR. For additional information visit the Department of Industrial Relations website at www.dir.ca.goy/ptiblic-worl<s/Contractors, City of Santa Ana RFP 17-066 Page 1 25L-7 • No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. • This contract/project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, City of Santa Ana RFP 17-056 p25�L-8 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact; The selected proposer will assume responsibilities for all services in its proposal, The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement, Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar days prior to the date and time set for opening of proposals, No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa-ana.org/bids-rips and at www.planetbids.coin/portal/�PortaLcfrn?CoLupmylD=20137 cfm?CoLupmyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within two (2) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. 0 G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within two (2) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: santa-ana.ora/bids-rfM. II. PRE -PROPOSAL MEETING Should a pre -proposal be scheduled, the date, time and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RPP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors, BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 261aw10 III. SUBMITTAL REQUIREMENTS A. GENERAL I. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION, II. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B, PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 1. STATEMENT OF QUALIFICATIONS a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work, This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. City f. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding, 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit s Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A, EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions, f Santa Ana RFP 5lLga9 2 V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B, EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all required bonds, insurance docuunents and contents of the Information Packet have been received and approved. For "On -Call" contracts, Consultant will be notified by individual City Project Managers on a case-by-case basis to request project/task specific proposals. Written NTPs will be then issued accordingly. VII. PUBLIC RECORDS All data, docuunents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract, Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Appendix ATTACHMENT 1 SCOPE OF WORIG CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR HVAC REPLACEMENT AT SARTC RFP NO.: 17-056 Introduction and Background: SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000 -square- foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking structure with 423 spaces. A three-story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus five -story theme tower that includes small meeting/conference rooms on the 4th and 5m floors. Tenants include Amtrak, Greyhound Lines, Tres Estrellas de Oro, County of Orange Social Services Program, State of C alifornia EDD, the City of Santa Ana Work Center, and gift shop. Description of Work: First floor HVAC scope of work SARTC fan coil replacement job with controls option upgrades Units to be replaced: # 2,3,4,5,6,7,8,9,10,11,12,14, and 19 Fan Coil Unit Replacement — Base Option • Contractors shall confine unit identification information on fan coil schedule to the actual fan coil unit to insure the correct size unit is installed • New fan coil units will have direct drive fan systems with ECM motors • New fan coil limits will come equipped with a new controller that has enough points to satisfy 2016 Title 24, section 120,2 j, and allow for additional future controls strategies, such as VAV to zones where feasible, • Install secondary stainless steel drain pans under fan coil units, condensate drains for secondary pans and fan coil units including safety switch in secondary pan • Install new zone controls (DDC) for heating and cooling valves including new thermostats that are Title 24 compliant, and Auto -Demand Response control enabled, see Auto -DR section below. • Install new DDC control valves for hot water (3 -way valves) coils and chilled water (2 - way valves) coils to be integrated into existing control system • Install new chilled water and hot water shut off ball valves (frill port) to each unit • Install new hot water and chilled water piping to coils as needed from new isolation full port ball valves including petes plugs on supply and return lines and hose bib on supply piping at coil • Reconnect electrical as per code • Reinstall ductwork and replace if required, provide duct sealing where required by Title 24. • Install water balancing valves on chilled water and hot water at each fan coil • Certified water balance each fan coil and supply the City of Santa Ana with report • Certified air report to confirm the design CPM at fan coil units per fan coil schedule on prints and supply the City of Santa Ana with report • Supply the City of Santa Ana with all submittal information • All work to be permitted per city code and inspections scheduled by contractor • Label new units and thermostats with plastic tags • Provide diagram showing association of thermostat to fan coil units • Supply the City of Santa Ana with drawings (red line or architectural draft) • This applies to units: 2, 3, 4, 5, 6, 7, 8, 10 and 11. The contractor will have one line item price to remove these omits and install new units in preferred locations (see prints) and one line item price to abandon the old units in place and install new units in preferred locations • If the units that are relocated need penetrations through fire wall the penetrations will need to be properly sealed with fire caulking per code. If duct penetrations are needed install fire dampers per code and fire caulk per code. • Compliance with buy American act • Contractor is responsible for all engineering costs • DIR and prevailing wage required • Contractor will provide copies of all applicable licenses along with submitted proposals, including the following at a minimum: a. C-20 — HVAC Contractor License b. C-7 — Low Voltage Systems Contractor License c, C-10 —Electrical Contractor License Auto -Demand Response (DR) Thermostats — Pricing to be provided by Contractor as Option A Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. The new thermostats (one per 'Pan coil) shall be capable of connecting to the network to be able to receive automated demand response (Auto -DR) signals from the utility provider, Southern California Edison (SCE) during specific periods as determined by the utility provider. City of Discuss with the City to provide and document detailed information regarding thermostat locations, connections, wiring, conduit runs, Ethernet switches, power sources, and all other related parameters before beginning the work. Ensure that proposed thermostat "integrated packages" shall have technical specifications including, but not limited to: C Compatible electrical parameters in terms of voltage, amperage etc. for connection to existing HVAC systems/power sources. o Thermostats/Controllers must be able to communicate through current ADR/OpenADR messaging protocol for receiving Automated Demand Response (ADR) signal from the utility provider. o During the Auto -DR event, the controller shall be capable of resetting the thermostat cooling set point to 5 degrees F higher than the occupied cooling set point. o Thermostats shall be preferably hard wired unless approved by the City. o Refer to the below list of preferred manufacturers for "Smart' Thermostat packages for Auto -DR implementation: ■ RCS Technology Honeywell ■ Siemens (preferred) ■ Or Approved Equal Make sure that all the thermostats are connected to the internet and communicating for receiving demand response signals, perform test to ensure functionality. Variable Air Volume (VAV) Control — Pricing to o be provided by Contractor as Option B Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option, • The new fan coil units should be Trane model, HFCE or HCFD, with ECM fan motors and multi -fan speed controls. • The contractor shall program the EMS and new fan coil units to reduce fan speed to low when zone space set point is satisfied. Variable Chilled Water Pmnping Control — Pricing to be provided by Contractor as Option C Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. • Install a new variable speed drive to control the existing chilled water pump motor. • The VSD will be controlled by a new differential pressure sensor installed on the existing chilled water loop and modulate the motor to maintain the desired differential pressure set point. • The VSD shall be wall mounted in an easily accessible and safe area. • The new equipment shall be commissioned to ensure no reduction in service level. City of Santa Ana RFP 17-056 2� a 46 • The existing Siemens EMS control points for all equipment relevant to this project shall be maintained and verified when construction is completed. • A new on/off status control point(s) shall be incorporated into the existing Siemens EMS for the new VFD control. • Additional Siemens control points are to be determined by the City. New Controls System — Pricing to be provided by Contractor as Option D Contractor is to provide this pricing as incremental cost, hi other words, the cost beyond Base Option. • The Contractor is to provide equipment that is compatible with DEC Siemens management system (Insight or newer) • Replace the fan coil controllers on remaining (20) units with new DDC controllers that were not covered in the Base Option. The quantity of (20) remaining fan coils is to be verified by the Contractor • The Contractor will furnish new DDC chilled water valves and DDC heating hot water controls valves for remaining (20) fan coil units that were not covered in the Base Option. • The Contractor will furnish new DDC zone temperature sensors for units • The Contractor will upgrade the existing Siemens controller (or provide new, as needed) and upgrade graphics and programming, as needed • Contractor to provide water balancing report to City • System startup and commissioning • The new controls system will integrate All HVAC building systems, including all fan coil units, chiller, chilled water pumps, heat rejection equipment, etc. ,Additional (2) Fan Coil Replacement — Pricing to be provided by Contractor as Option E Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. • Contractor to replace (2) additional fan coil units, #16 and #18 which serve suite 103. • These additional (2) fan coil units are to be installed in accordance to all scope items for the fan coils identified in the Base Option. City of Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2017.by and between , (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: Briefly describe expertise sought and the scope of work the consultant (engineering) services will perform.) 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 during the tern of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $ in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18, 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) yearterm with the option Inc the City to grant up to a number (4) -yea r renewal option(s) City of Santa Ana RFP Page A2.1 25L-18 exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 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 !it 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. 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 lhnited 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 ander 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, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by City of Santa Ana RFP Page A2-2 25L-19 the City; and (c) contain standard separation of insured's 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 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, d. I£ 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: L 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. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination shall not 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 indemnity the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of,, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or City of Santa Ana RFP Page A2-3 25L-20 for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by 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. 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 Linder 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. Conflict may be further City of Santa Ana RFP Page A2-4 25L-21 specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are Inconsistent with, or In addition to, 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 is not embodied herein, 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 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(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and 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 City of Santa Ana RFP Page A2-5 25L-22 specified in the Recitals of this Agreement. 16. 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. 17. 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, 18. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty-five) 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. b, Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage (%) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, City of Santa Ana RFP Page A2-6 25L-23 a All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. 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: Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-5635 Fax: 714- 647-6515 To Consultant: Title Consultant Firm Name Address City, State, Zip Fax: 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. I£ 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 City of Santa Ana RFP Page A2-7 25L-24 forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Acting City Manager CONSULTANT: (name) (title) Tax ID# City of Santa Ana RFP Page A2-8 25L-25 EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP Page A2-9 25L-26 EXIBBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation may include a line item for the cost from the Fee Proposal, followed by a line item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be transferred to the front page of the contract. City of Santa Ana RFP Page A2-10 25L-27 EXHIBIT C CERTIFICATIONS C-1 through C-3 City of Santa Ana RFP Page A2-11 25L-28 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, cominunication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that maldng a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3 -t 25L-29 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS. CONSTRUCTABILITY REVIE+ W The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her lmowledge and belief, that: I. No federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement, 2. If any fiends other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $1.00,000 and that all such sob recipients shall certify and disclose accordingly. Signed and Printed Name: Title Date City of Santa Ana RFP Page A3-2 25L-30 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM 25L-31 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11.246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP Page A3-4 25L-32 MAY0.1 Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinalero Juan Villages May 11, 2017 ADDENDUM No. 1 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.sants-ana oro SUBJECT: RFP #17-056 — Requests for Information INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar The following questions have been received. An answer is provided immediately following. Question - Page Al -2 notes that the contractor must have a C-20, C-7 and C-10 license. My request is to modify this to require the contractor to have a C-20 and B license with the ability to subcontract the C-10 and C-7 licenses. C-20, C-10 and C- 7 are completely separate trade skills and it is unreasonable to ask a mechanical contractor or an electrical contractor to possess all 3. This also limits the "test of the market" requirement by a public agency as only large companies will possess all of these licenses. Answer - Class B, C-20 or C-38 license would be acceptable to bid. 2. Question - With respect to the above referenced project, can you please inform me if this Request for Proposals (RFP) is for Contractors only or will the project delivery be Design/Build or Design/Bid/Build? Answer — The RFP is for contractors only, with responsibility for providing structural calculations and plans for the permit process.. Question - Would you please let us know what is the start date and duration for this job. Answer — The start date is as soon as possible after contract award, permits are issued, and structural design is complete as applicable. Duration is multiple weeks. SANTA ANA CITY COUNCIL Miguel A. Pulido Miahu. Martine Vicente Sarmiento Jose Solorio P. NOW Benavides Juan Villogas Sal Tinajero Mayor Mayor Pro Tem. Ward 2 Ward Ward Word Ward Ward ulid. m sant.-ana.org mlmadingzdJid-,me.dvsarmie Nof<Osanta�anaom- ant dbenavldoola�sagm-anaora vi111 eaas(�vaoae stlnapm@santa-era or Addendum No.1 May 11, 2017 Page two of two 4. Question - Also in item proposal Evaluation and Rating, what is the percentage of price? Answer— See page 1. I. Introduction/Project Description, Proposal Evaluation and Rating. REMINDER: Your letter of intent is due today by 11:59 p.m. All other terms and conditions remain the same, FOR THE CITY OF SANTA ANA //i_//4. Christy Kindid Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Miguel A. Palen Michele Martinez Vicente Sarmiento Jose Solon. P. David Donavides Juan Villages Sal Tln[ Mayor Mayor Pro Tom, Ward 2 Were Ward Ward Word Ward moul'dofoJslatti aoro mimadinez8l..nlo-enaom VsarmieMo sanfa-=olorio santa-ana.o dbenavdeeLdanta-enaoro ilylegair5sanla-ane or sl'na'ero0ir., '.. MAYOR Miguel A. Pulldo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavidea Vicente Sarmlento Jose Solorio Sal Tlnalero Juan Villages May 18, 2017 ADDENDUM No. 2 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1088 Santa Ana, California 02702 WWW santa-ane ora SUBJECT: RFP #17-056 — Requests for Information REVISE Cover Page, Key RFP Dates: Delete Letter of Intent requirement. INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonla R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The following questions have been received. An answer is provided immediately following. Question - Page A1-2 notes that the contractor must have a C-20, C-7 and C-10 license. My request is to modify this to require the contractor to have a C-20 and B license with the ability to subcontract the C-10 and C-7 licenses. C-20, C-10 and C- 7 are completely separate trade skills and it is unreasonable to ask a mechanical contractor or an electrical contractor to possess all 3. This also limits the "test of the market" requirement by a public agency as only large companies will possess all of these licenses. Answer - Class B, C-20 or C-38 license would be acceptable to bid. 2. Question - With respect to the above referenced project, can you please inform me if this Request for Proposals (RFP) is for Contractors only or will the project delivery be Design/Build or Design/Bid/Build? Answer — The RFP is for contractors only, with responsibility for providing structural calculations and plans for the permit process 3. Question - Would you please let us know what is the start date and duration for this job. Answer — The start date is as soon as possible after contract award, permits are issued, and structural design is complete as applicable. Duration is multiple weeks. SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vlaenle Sarmlenio Jose Solon. P. navld Banovldes Juan Vlllagee Sal Tlnalara Mayor Mayor Pro Tam, Word 2 Ward Ward Nou idn(o)aenla-ane.ora lWand WardBmlmeRlneaeanla-anaoro Warmlemrsanlaana.ra laded sla-an.,oro dbeavdeeA...nla-a.. ort Ivlllenaslarsanteene ellnaleroNlsanla-ane om 25L-35 Addendum No. 2 May 18, 2017 Page two of two 4. Question - Also in item proposal Evaluation and Rating, what is the percentage of price? Answer — See page 1. I. Introduction/Project Description, Proposal Evaluation and Rating. This ends the Q & A Section of this addendum I acknowledge I have received and read this addendum: Respondent Signature Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Christy Kindig Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Wguol A. Pulido Mlchele Manlnez Vicente Sarmlanto Jose 3olodo P, Davld PonaOdas Juan Vllleeaa Sal Tlnalaro Mayor Mayor Pro Tem, Ward 2 Ward Wom3 Ward Ward Waft! 6 moulldoMsanta-ena.am mimarlinezf)nnta-ana.oro yaeonlantolowte-ana ora lao19r1209anlo-ana.ora db.m.NduOlianta-ena,om Ivllleoes2daenta era om ellneleroneama-ana 25L-36 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages May 18, 2017 ADDENDUM No. 3 CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana oro SUBJECT: RFP #17-056 — Requests for Information INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D, Hulzar The following changes have been made to the above referenced Request for Proposals. 1. Cover Page, Key RFP Dates: Delete Letter of Intent requirement. 2. Cover Page, Key RFP Dates: Deadline for Requests for Information to read as follows: Deadline for Requests for Information: May 26, 2017 at noon. 3. Page Al -2, Section: Description of Work: Fan Coil Unit Replacement — Bullet 8 Revise to read as follows: Install new hot water and chilled water piping to coils as needed from new isolation full port ball valves, including petes plugs on supply and return lines, and hose bib on supply piping at coil. Contractor is responsible to insulate all new piping and piping devices. 4. Page A1-1, Section: Description of Work: Fan Coil Unit Replacement — Bullet 19 Revise read as follows: This applies to units: 2,3,4,5,6,7,8,10,11, and 12. 5. Page A1-2, Section: Description of Work: Fan Coil Unit Replacement — Bullet 20 Revise to read as follows: All appropriate sealing and fire Caulking per code is the responsibility of the contractor. 6. Page A1-2, Section: Description of Work: Fan Coil Unit Replacement — Add Bullet 25 to read as follows: Contractor is responsible to install access panels where needed, for removal or installation of units, including painting and patching, as needed. 7. Page A1-2, Section: Description of Work: Fan Coil Unit Replacement —Add Bullet 26 to read as follows: Install new Siemens zone controls (DDC) for heating and cooling valves, including new thermostats that are Title 24 compliant, and Auto -Demand Response control enabled, see Auto -DR section below. 8. Page Al -2, Section: Description of Work: Fan Coil Unit Replacement — Add Bullet 27 to read as follows: All new controls will be Siemens and integrated into existing building controls. SANTA ANA CITY COUNCIL Pulido Michele Martinoz Nicene Sarmiento Jose Solorio P. David aonavldes Juan iIv llooas(o)aVainllelo as n e or sti 'S21 Tnor Mayor Pro Tom, Ward 2 Ward 1 Ward 3 and 4 WertlS ta-ena.ormartinez®sena-ane orvsarmiettansaraanao'sc b a WardG ea s 1 Addendum No.3 May 18, 2017 Page two of three 9. Page A1-3, Section: Variable Chilled Water Pumping Control -- Pricing to be provided by Contractor as Option C: Install a new variable speed drive to control the existing chilled water pump motor. Revise to read as follows: Install two new variable ABB frequency drives (VFD) with bypass, and two new VFD rated motors. Add two appropriate outside rated enclosures and factory certified startups for VFD's. 10. Page A1-3, Section: Description of Work: Auto -Demand Response (DR) Thermostats -- Pricing to be provided by Contractor as Option A — Replace Bullet 3, sub -bullet: Refer to the below list of preferred manufacturers for "Smart" Thermostat packages for Auto -DR Implementation: • RCS Technology • Honeywell • Siemens (preferred) • Or Approved Equal to read: All new controls will be Siemens and integrated into existing building controls. The following questions have been received. An answer is provided immediately following: 1. Question - Controls and thermostats — what is going to control the fan coil units until the DDC control system is installed? Answer — New DDC Siemens zone controls, thermostats, and controllers are to be installed and integrated into the existing Siemens Energy Management System. 2. Question -There are two chilled water pumps. Are they to install two VFD's? Are the motors to be changed to VFD rated motors? Answer—Two VFDs should be installed. If the motors are not inverter duty rated and/or not compatible with VFD, they should be replaced as part of this scope. 3. Question —What is the deadline for requests for information? Answer— May 26, 2017 at noon 4. Question — Is Siemens doing the controls if so who are they working for? The contractor, the City or someone else? Answer — The responding contractor is responsible for bringing in Siemens (or qualified Siemens controls contractor) as a subcontractor under this effort. Contractor is responsible. 6. Question —Can the chiller function correctly with variable flow due to the VFD's on the chilled water pumps? SANTA ANA CITY COUNCIL Miguel A. P.M. Michole Martinez Vicento Sarmlanto Jose Solono P. David Sanevides Juan Villages Sel Tinejmo Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Word 6 noul [lo(oJsanta.flne orn mmad'nez(atsamta-ana ora mur i.ntons.rtaano.orn jyyQ _te-ap\q!A dbeoeyidesriasama-ena. or Ivilleaaaam,nta-eneorn mina ero(dsanta-ena.om Addendum No.3 May 18, 2017 Page three of three Answer— Contractor is responsible for fully commissioning the variable chilled water flow strategy. This effort includes finding safe and reasonable chilled water flow minimums. This ends the Q & A Section of this addendum I acknowledge I have received and read this addendum: Bid Respondent Signature Company Name NOTICETHIS D INCLUDED WITH THE PROPOSAL. NONRESPONSIVE.PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Christy Kindig Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Miguel K Pulido Michale Martinez Vicente Sarmiento dose Solorio P. David 6anavides Juan Wlegas Sal Tinejero Mayor Mayor Pro Tani, Ward 2 Ward 1 Ward 3 [hoot Eofmsa ila-ana orm lnimatlinaz(rDsanla-ane oraysarmiento(m)sanfa-ana ora 'so la= Ward! Wartl5 Ward an dbenav desfNsanta-end ivillenasdsanla-ana oro sl'ne'era(olsar to -ane ora MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Banavldes Vicente Sarmlenlo Jose Solorio Sal TinSero Juan Villages May 31, 2017 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 02702 www,santa-ana.orn ADDENDUM No. 4 SUBJECT: RFP #17-056 — Revisions INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D, Hulzar The following revisions have been made to the above referenced Request for Proposals: 1. The Proposal Due Date is extended to: June 8, 2017 4:00 pm. 2. The Scope of Work detail is expanded to clarify & include: Replacement of 13 fan coil units; of those 13 fan coil units 10 are to be relocated as discussed at the Job Walk. In addition, proposer is to provide an option to replace 2 additional fan coil units. End of Addendum I acknowledge I have received and read this addendum: Bid Respondent Signature Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. All other terms and conditions remain the same. Christy Kindig Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Marllnez Mcmdo, Sarmlenlo Jose Salado P. nand Benevides Juan Atop. Sal Tlnafaro Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward Ward mourdoMeanle-an..oro mlmadlnezoleanl9 ane.ora vearmlardor@eanla-sna.oro Isoloda'blsenle ene.om dbenavides®aanta-ana.ora IVIIIBana0s.nla-.n..om ellnelaronsante-anaom 25L-40 AGREEMENT TO PROVIDE HVAC REPLACEMENT AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER THIS AGREEMENT is made and entered into this 20`x' day of June, 2017 by and between ACCO Engineered Systems, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 8, 2017, the City issued Request for Proposal No. 17-056, and subsequent addenda, by which it sought contractors to provide Replacement of the HVAC systems at the Santa Ana Regional Transportation Center for the City of Santa Ana Public Works Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-056 and attached as Exhibit A. C. 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 fiom a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services provided under RFP 17-056, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $650,,000 for the term of the Agreement. This amount is comprised of (1) the sum of $529,000 and (2) and a contingency amount of up to $121,000 for services as may be performed by the Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of Page 1 of 9 Exhibit'l 25L-41 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 continue through December 31, 2017, unless terminated earlier in accordance with Section 17, below. This Agreement may be extended by a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and Harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. INDEPENDENT CONTRACTOR Contractor shall; during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to _._.. �.._ al�e,Ci toe rese discr�tjo�.srttt� over�puzfesstQat2La�al�er_utmwlaaclt�ractor' _�._ performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Docurnents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & ,Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documients and Data at any time, provided that any such use not within Page 2 of 9 25L-42 the purposes intended by this Agreement shall be at City's sole risk. 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 conanercial 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 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 $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 with respect to insurance or salt -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. ___..... � ...____..ea.e____._-Jc:-----�isrt�r's-Cornperssatiarrirrscrearrce--Inar,�cardarrc�witlrtltalrfot'tria��al�sr��(sr�; ��.�.�. 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. If Contractor 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 Contractor pursuant to this section: (i) Contractor shall maintain will 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. Page 3 of 9 25L-43 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. £ 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 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. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 'I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agrecnrent, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782;8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 9 25L-44 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic 'information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential _information disclos o eitla@t' pai>v.l�yr_s1 iai"v and/or agkof their paid isc¢er�d by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any marmer with performance of services specified Corder this Agreement. 13. 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 mariner provided in this Section, to the following persons: Page 5 of 9 25L-45 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: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 To Contractor: ACCO Engineered Systems Attn: Mark Lanphere 265 McCormick Avenue Costa Mesa, CA 92626-3308 Fax: 714-352-2227 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, _,_,_, couttication s ral) be effective idcez��ed try be.gitotl tlzC(3)�1ayai it has beta _ . deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, comnnmication 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor 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 terns of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 6 of 9 25L-46 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliyeit Ire Cit _.all_er�oduct completed as ofm Such Bal d strck�_ such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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 Page 7 of 9 25L-47 determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, pernnits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written AT'T'EST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Jo n M, Funk Assistant City Attorney CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager ACCO ENGINEERED SYSTEMS Name: Title: --signatures continued ore next page -- Page 8 of 9 25L-48 RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Page 9 of 9 25L-49 Exhibit A - Contractor Agreement SARTC - HVAC Replacement Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA RE, QUEST FOR PROPOSALS FOR HVAC REPLACEMENT AT SARTC RFP NO,: 17-056 Introduction rind Backerotmd: SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 Lust Santa Ana Boulevard, Santa Ana, CA 92701, The facility covers 6.75 acres and contains a 47,000 -square= foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking structure with 423 spaces. A. three-story pedestrian bridge takes travelers to the east train platforin, A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily, The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meetingloonferonce rooms on the Orr' and 5'1' floors. Tenants include Amtrak, Greyhound Lilies, 'fres Lstrellas do Oro, County of Orange Social Services Program, State of C alifornia EDD, the City of Santa Ana Work Center, and gift shop, Description of Work: First floor HVAC scope of work SARTC fan coil replacement job with controls option upgrades Units to be replaced: # 2,3,4,5,6,7,8,9,10,11,12,14, and 19 Fan Coil Unit Replacement—Base Caption • Contractors shall confirm unit identification information on ran coil schedule to the actual fan coil unit to insure the correct size Lunt is installed • New fan coil units will have direct drive fan systems with ECM motors • New fan coil units will come equipped with a new controller that has enough points to satisfy 2016 Title 24, section 120,2 j, and allow for additional future controls strategies, such as VAV to zonas where feasible. • Install secondary stainless steel drain pans under fan coil units, condensate drains for secondary pans and fan coil units iuoludiug safety switch in secondary pan • Install new zone controls (DDC) for heating and cooling valves including new thermostats that are Title 24 compliant, and Auto -Demand Response control enabled, see Auto -DR section below. City of Santa Ana RFP 17-058 Page Al -1 25L-50 • Install new DDC control valves for hot water (3 -way valves) coils and chilled water (2 - way valves) coils to be integrated into existing control system • Install new chilled water and hot water strut off ball valves (full port) to each unit • Install new hot water and chilled water piping to coils as needed from new isolation full port ball valves including petes plugs on supply and return lines aid hose bib on supply piping at coil Reconnect electrical as per code • Reinstall ductwork and replace if required, provide cfiet sealing where required by Title 241.1 • Install water balancing valves on chilled water and trot water at each fan coil • Certified water balance each fan coil and supply the City of Santa Ana with report • Certified air report to confirm the design CPM at fan coil units per fan coil schedule on prints and supply the City of Santa Ana with report • Supply the City of Santa Ana with all submittal information • All work to be permitted per city code and inspections scheduled by contractor • Label new units aid thermostats with plastic tags • provide diagram showing association of thermostat to Can coil units • Supply the City of Santa Ana with drawings (reel line or architectural draft) • This applies to units: 2, 3, 4, 5, 6, 7, A, 10 and I I. The contractor will have one line item price to remove these units and install new units in preferred locations (see prints) and one tine item price to abandon the old units in place and install new units in preferred locations • If the units that are relocated need penetrations through fire wall the penetrations will need to be properly seated with fire caulking per code. If duct penetrations are needed • Compliance with buy American act • Contractor is responsible for all engineering costs • DIR and prevailing wage required • Contractor will provide copies of all applicable licenses along with submitted proposals, including the following at a minimum: a. C-20 - HVAC Contractor License b. C-7 - Low Voltage Systems Contractor License e. C-10 - LIectrical Contractor License L\rrto-Demand Response (DR) Thermostats -. Pricing to be nrovidcd by Contractor as Opt" ion A Contractor is to provide this pricing as incremental cost, lin other words, the cost beyond Base Option. The new thermostats (one per fan coil) shall be capable of connecting to the network to be able to receive auntomated demand rosponso (Auto -DR) signals from the utility provider, Southern California Mison (SCE) during specific periods as determined by the utility, provider. City of Santa Ana RFP 17-066 Page Al -2 25L-51 Discuss with the City to provide raid document detailed information regarding thermostat locations, connections, wiring, conduit runs, Ethernet switches, power sources, and all other related parameters before beginning the work, Ensure that proposed thermostat "integrated packages" shall have technical specifications including, but not limited to: o Compatible electrical parameters in terms of voltage, amperage etc, for connection to existing HVAC systems/power sources, o Thermostats/Controllers must be able to communicate through current ADR/OpenADR .messaging protocol for receiving Automated Demand Response (ADR) signal from the utility provider, a During the Anto-DR event, the controller shall be capable of resetting the thermostat coaling set point to S degrees F higher than the occupied cooling set point. o Thermostats sball be preferably baud wired finless approved by the City, o Refer to the below list of preferred manufacturers for "Smart" Thermostat packages .far Auto -DR Implementation: • RCS Technology • Honeywell ■ Siemens (preferred) • Or Approved Equal • Make sure that all the thermostats ane connected to the internet and communicating for receiving denand response signals, perform test to ensure functionality, yariable Air Volume (_VAV)Control — Pricing to be provided by Contractor as Option B Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option, The new fan coil units should be `!Trane model, IIFCE or HCFD, with BCM fan motors and multi -fan speed controls, The contractor shall programa the EMS and new fan coil units to reduce fan speed to low when zone space set point is satisfied. Vagi le Chilled water Pumping Control — Pricing to be provided by Contractor as Option C Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. • Install a new variable speed drive to control the existing chilled water pump motor, • The VSD will be controlled by a new differential pressure sensor installed on the existing chilled water loop and modulate the motor to maintain the desired differential pressure set point. • The VSD shall be wall mounted in an easily accessible and safe area, • The new equipment shrill be commissioned to ensure no reduction in service level, City of Santa Ana RFP 17-056 Paye AW 25L-52 The existing Siemens EMS control points for all equipment relevant to this project shall be maintained and verified when construction is completed. A new oil/off status control point(s) shall be incorporated into the existing Siemens EMS for the new VFD control. • Additional Siemens control points are to be determined by the City. Now Controls System — Pricing to be provided by Contractor as Option D Contractor is to provide this pricing as incremental cost, In other words, the cost beyond Base Option. • The Contractor is to provide equipment that is compatible with DDC Siemens management system (Insight or newer) • Replace the fan coil controllers on remaining (20) units with new DDC controllers that were not covered in the Base Option. The quantity of (20) remaining £air coils is to be verified by the Contractor • The Contractor will famish new DDC chilled water valves and DDC beating hot water controls valves for remaining (20) fan coil units that were not covered in the Base Option. • The Contractor will ilirnish new DDC zone temperature sensors for units • The Contractor will upgrade the existing Siemens controller (or provide new, as needed) and upgrade graphics and programming, as needed • Contractor to provide water balancing report to City • System startup and commissioning • The new controls system will integrate All HVAC building systems, including all fan coil Additional (2 ran Coil Replacement — Priciu > to be orovidecl by Contractor as Option E Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. Contractor to replace (2) additional fan coil units, 116 and #18 which serve suite 103. These additional (2) fan coil units are to be installed in accordance to all scope items for the fail coils identified in the Base Option. City of Santa Flna RFP 47-056 Page At -4 25L-53 Exhibit B - Contractor Agreement Regarding: SARTC — HVAC Replacement project RFP NO: 17-056 Fee Proposal. Base Bid, replacement of fan coil units # 2,3;4,5,6,7,8,9,10,11,12,14, and 19. See "Proposed Scope of Service" page for detailed scope included in the base bid. Cost to abandon in place units 2,3,4,5,6,7,8,10,11, & 12 and relocate new fan coil units to preferred location $184.740.00, Cost to demo and remove units 2,3,4,5,6,7,8,10,11, & '12 and relocate new fan coil until to preferred location '5192.540.00, Option A: Auto Demand response (DR) Thermostat integration package — The cost beyond the base bid to provide and install new Siemens thermostats (one per fan coil) capable of connection to the network to be able to receive automated demand response commands. Make sure that all new thermostats are connected to the Internet and communicating demand response signals. Perform function test. (13 thermostats) 4,690.00 Option B: Cost beyond the base bid to provide Trans fan coil units with ECM fan motors and multi speed fan controls. Program the EMS and new fan coil units to reduce the fan speed to low when zone space set points are satisfied. (13) units $ 4,550.00. Option C: Beyond the base bird, the price to provide variable chilled water pumping control. two (2) out door rated ABB variable frequency drives with by-pass. Establish set points and flow control for chilled water. Commission new drives and integrate with the existing Siemens EMS control system. $24.390.00. Option D: Cost beyond base bid to replace (20) remaining fan coil units. New fan coil units installed include new control valves for chilled and hot water. Integrate new units into the Siemens DDC building management system. Upgrade the existing Siemens controller, programming and graphics, Provide for water balance on newly installed equipment. $ 285.000.00. Option E: Cost beyond the base bid to replace two (2) additional fan coil units, #16 and #18 serving suite 103. These units will be installed in accordance to the scope requirements for the fan coils replaced in the Base bid option. 18 000.00 All option pricing is in addition to the acceptance of the base bid option. 1 Wh:ter , ,r, 11'1.111 � ra;mw,�d w�r 25L-54 SARTC - HVAC Replacement I ( inn ineered syglenls June 8, 2017 City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Regarding: SARTC — HVAC Replacement project RFP NO: 17-056 Fee Proposal. Base Bid, replacement of fan coil units # 2,3;4,5,6,7,8,9,10,11,12,14, and 19. See "Proposed Scope of Service" page for detailed scope included in the base bid. Cost to abandon in place units 2,3,4,5,6,7,8,10,11, & 12 and relocate new fan coil units to preferred location $184.740.00, Cost to demo and remove units 2,3,4,5,6,7,8,10,11, & '12 and relocate new fan coil until to preferred location '5192.540.00, Option A: Auto Demand response (DR) Thermostat integration package — The cost beyond the base bid to provide and install new Siemens thermostats (one per fan coil) capable of connection to the network to be able to receive automated demand response commands. Make sure that all new thermostats are connected to the Internet and communicating demand response signals. Perform function test. (13 thermostats) 4,690.00 Option B: Cost beyond the base bid to provide Trans fan coil units with ECM fan motors and multi speed fan controls. Program the EMS and new fan coil units to reduce the fan speed to low when zone space set points are satisfied. (13) units $ 4,550.00. Option C: Beyond the base bird, the price to provide variable chilled water pumping control. two (2) out door rated ABB variable frequency drives with by-pass. Establish set points and flow control for chilled water. Commission new drives and integrate with the existing Siemens EMS control system. $24.390.00. Option D: Cost beyond base bid to replace (20) remaining fan coil units. New fan coil units installed include new control valves for chilled and hot water. Integrate new units into the Siemens DDC building management system. Upgrade the existing Siemens controller, programming and graphics, Provide for water balance on newly installed equipment. $ 285.000.00. Option E: Cost beyond the base bid to replace two (2) additional fan coil units, #16 and #18 serving suite 103. These units will be installed in accordance to the scope requirements for the fan coils replaced in the Base bid option. 18 000.00 All option pricing is in addition to the acceptance of the base bid option. 1 Wh:ter , ,r, 11'1.111 � ra;mw,�d w�r 25L-54