HomeMy WebLinkAbout- - Request for Proposal #1147 - 6/19/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 19, 2012 ITEM NUMBER:
SUBJECT: HEATING -VENTILATION -AIR CONDITIONING MAINTENANCE
REQUEST FOR PROPOSAL #1147
DATE: JUNE 6, 2012
FROM: PUBLIC SERVICES DEPARTMENT - MAINTENANCE SERVICES DIVISION
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY, MAINTENANCE SERVICES
MANAGER 714-754-5123
RECOMMENDATION:
Award a contract to Siemens Industry, Inc. in the annual amount of $63,128 to
provide Heating -Ventilation -Air Conditioning (H.V.A.C.) maintenance for City Hall and
the Police Facility, with an initial term of five (5) years, with three (3) optional annual
renewals. This contract would not include a mechanical guaranty.
2. Authorize the Public Services Director to approve repair and supplemental work not
to exceed 10% of the contract amount.
3. Authorize the Chief Executive Officer and the City Clerk to execute the Agreement.
BACKGROUND:
On July 30, 2001 the City entered into a ten-year agreement with Siemens Industry, Inc.
(Siemens) for energy saving HVAC improvements and maintenance program for several
City facilities. The initial contract was amended on three occasions to extend its term until
January 31, 2012 in order to allow staff time to advertise a Request for Proposal (RFP) to
competitively seek the most qualified and cost effective service provider possible.
At the conclusion of the RFP process, two companies submitted proposals. One proposal
was incomplete and determined to be non-responsive. At the Council meeting of January
3, 2012, staff brought forward for award, a comprehensive contract with Siemens in the
annual amount of $249,770. Council inquired about the current program and questioned
the cost -benefit of -the price submitted by Siemens. Following the discussion, the Council
continued the item to the meeting of January 17, 2012. At that meeting, the Council
extended the contract until July 31, 2012 to allow staff time to evaluate the current
program and recommend alternatives.
On March 22, 2012 the City entered into a contract with Race Engineering Corporation,
an independent HVAC engineering company, to evaluate and provide a report to the City
on the effectiveness and value of the current HVAC maintenance program, specifically
addressing the following areas of concern:
• Determine if the current contract provides a complete and effective H.V.A.C.
maintenance program and identify any excesses or deficiencies in the scope (if
any).
• Determine if the current contract provides a good value for monies being spent.
• Determine if the 'mechanical guarantee' coverage is cost effective or should the City
consider a 'time and materials' repair methodology.
• Make recommendations as to how the City might consider subcontracts for various
scopes of work should it be deemed more cost effective to do so.
• On-site review of H.V.A.C. systems serving the City Hall, Police Department and the
Neighborhood Community Center evaluating the existing electronic, pneumatic and
Variable Volume and Temperature (VVT) control systems and the serviceability and
accessibility of same.
• Review existing service and repair records within the maintenance proposal
parameters and additional costs not included in the existing proposals.
Upon completion of the evaluation, Race Engineering Corporation (Consultant)
submitted a report with their findings. See Attachment 1. The report provided the
following findings:
• The current specifications and the Request for Proposal recently advertised by the
City both provide for a complete and effective maintenance program. The Consultant
stated that the current contract appeared to provide a good value for the cost of the
program, but the mechanical guarantee may be driving the price higher than necessary.
The consultant estimated that minimum maintenance of City HVAC equipment should
be approximately $68,000 per year with an estimated amount of $85,463 for
comprehensive maintenance. With insufficient records available from Siemens it was
impossible to determine the actual value of the repairs or equipment replaced each
year. The current annual cost of $185,412 appears high in comparison to the estimate
of approximately $100,000 needed annually for maintenance and repairs, without
material costs, according to the report The Consultant's report also recommended that
the City consider a contract without a mechanical guaranty, where the City pays for
labor and materials on an as -needed basis. This conclusion is reasonable given the
aggressive HVAC equipment replacement program that the Maintenance Services
Division has undertaken over the past 10 years. The replacement of a large number of
the City's HVAC units over the past few years has resulted in a much lower incidence of
failure and repair; supporting a time and material program versus the more costly
mechanical guaranty as currently provided by Siemens.
• The Consultant identified only two areas for the City to evaluate for subcontracting;
cooling water treatment and routine HVAC filter changes. These may produce some
monetary savings, but no estimate was provided.
• The consultant evaluated the current Siemens proprietary building automation
control systems currently in place at City Hall and the Police Facility. It was stated in
the report that any qualified controls contractor could monitor the existing Siemens
control systems. This would not apply to software related problems and upgrades.
Parts may be directly purchased from Siemens by the City as needed; since it is
Siemens' policy to sell directly to equipment owners, but not independent contractors.
The estimated cost to integrate a new control system would be approximately $66,000.
This would allow for the control of Siemens proprietary equipment, but would not
replace it.
• The consultant was unable to completely determine the value of the actual work
currently provided by Siemens due to the lack of detailed description of the work on
2
documents provided to the City at the time of maintenance or repairs. Therefore, the
actual value of work performed by Siemens could not be calculated for analysis.
Not included in the Consultant's scope of services was any evaluation of the energy
efficiency projects completed by Siemens over the life of the current contract or any of
the 'value added' work provided in support of the City's energy reduction efforts and
solar project development. These are services provided at no additional cost to the City
with the current contract and in the Siemens' proposal.
ANALYSIS
The Purchasing Division, in conjunction with the Maintenance Services Division, prepared
and advertised a Request for Proposal (RFP) for HVAC maintenance for City Hall and the
Police Facility. These facilities were separated from the remaining City facilities as they
have a mixture of advanced and dated Building Automation Systems, requiring a higher
level of expertise and technical ability than the standard HVAC systems found in other
City buildings. The RFP was posted on the City's web site and advertised twice in the
Daily Pilot newspaper. Additionally, staff notified five independent vendors that had
worked previously with the City in some capacity, to insure they were aware of the
opportunity.
The RFP requested proposals on two levels of service, Basic Level and Supplemental
Level. The Basic Level of service provided for maintenance and repair of equipment, but
does not include advanced technical services or a mechanical guaranty for all moving
parts, as -the existing contract does. The Supplemental Level of service is a
comprehensive, all inclusive contract which includes a mechanical guaranty on
equipment.
Three proposals were submitted by the deadline. Siemens, Inc., F.M. Thomas, and Race
Engineering Corporation submitted proposals. The proposals were independently
evaluated by City staff. The results of the evaluations are shown below:
The proposal by Siemens was the most complete and comprehensive of all three
proposals. It was evident that as the current City HVAC contractor, they have a very clear
understanding of all the issues and requirements as outlined in the City's RFP. The only
area where Siemens, Inc. was not rated the highest was in cost. Their proposed cost for
Basic Level of Service as described in the RFP was $63,128 for the first year, as
compared to $55,200 proposed by F.M. Thomas. The difference of $7,928 is significant.
However, F.M. Thomas would require an additional $65,816 in the first year to retro -fit the
Siemens Building Automation System (BAS), to allow the same level of monitoring and
control as the City currently has with the Siemens BAS.
3
Evaluator
#1
Evaluator
#2
Evaluator
#3
Score
Rank
FM Thomas
86
74
90
250
2
Siemens
87
98
94
279
1
Race Engineering
38
20
33
91
3
The proposal by Siemens was the most complete and comprehensive of all three
proposals. It was evident that as the current City HVAC contractor, they have a very clear
understanding of all the issues and requirements as outlined in the City's RFP. The only
area where Siemens, Inc. was not rated the highest was in cost. Their proposed cost for
Basic Level of Service as described in the RFP was $63,128 for the first year, as
compared to $55,200 proposed by F.M. Thomas. The difference of $7,928 is significant.
However, F.M. Thomas would require an additional $65,816 in the first year to retro -fit the
Siemens Building Automation System (BAS), to allow the same level of monitoring and
control as the City currently has with the Siemens BAS.
3
The Siemens' price for the Supplemental Requirements is $158,044 per year; with F.M.
Thomas' price of $225,000 for the 'First year. Siemens' total cost with the Supplemental
Requirements is lower than F.M. Thomas over the five year life of the initial term of the
contract. However, staff is not recommending the award of the Supplemental level of
service.
The additional cost for the mechanical guaranty and supplemental services is $94,916 for
the first year as proposed by Siemens and $169,800 for the -First year as proposed by
F.M. Thomas. In a change of policy over the management strategy of the past 15 years,
staff is recommending that the City pay for repairs or supplemental services on a time
and material basis, which is supported by the HVAC Consultant's report. This would
allow for the City to seek competitive pricing on all extra work, and not pay a higher
annual cost for'insurance' against equipment failure.
The proposed contract award will result in a net savings to the City of $94,916, less any
costs incurred for repairs experienced annually.
The third proposal, submitted by Race Engineering, Inc. was very minimal and did not
address the needs and requirements of the City's RFP. That is reflected in the very low
scores for their proposal.
ALTERNATIVES CONSIDERED
1. Council could award the contract to the second most qualified proposer, F.M.
Thomas, at an annual cost of $55,200, for the first year of the contract, with an
additional amount of $65,816 to install control equipment necessary to interface with
existing building automation systems.
2. Council could award the contract to Siemens and include the Supplemental Services
(mechanical guaranty) in an annual amount of $158,044 for the first year of the
contract. However, staff and the Consultant do not recommend this alternative due to
the high cost.
3. Council could award the contract to F.M. Thomas and include the Supplemental
Services (mechanical guaranty) in an annual amount of $225,000 for the first year of
the contract. However, staff and the Consultant do not recommend this alternative due
to the high cost associated with it.
4. Council could deny the award of the contract and direct staff to re -advertise the RFP.
However, the final contract extension with Siemens expires July 31, 2012, at which
time their services would end. This would place the City in a tenuous situation without
HVAC support or mechanical guaranty and is not recommended.
5. Council could direct staff to evaluate the cost effectiveness of creating an in-house
staff to manage and maintain the City's HVAC assets, but it is not anticipated that
doing so would save money, and at this time, cannot be done within the available time
line.
FISCAL REVIEW
Funding for HVAC services is included in the FY 2012-13 Public Services Department
budget.
LEGAL REVIEW
The City Attorney's Office will prepare the necessary Professional Services Agreement to
execute this contract based on the Council action taken.
CONCLUSION
The award of a five year contract to Siemens, Inc. with three optional one-year extensions
will provide high quality HVAC maintenance to the City Hall and Police Facility at a
competitive price. This contract will insure that the City's HVAC systems continue to be
properly maintained, repaired and programmed to provide the most cost effective heating
and cooling possible to City facilities and will include services to integrate technology and
innovative solutions whenever possible.
( r
ERNESTO MUNOZ
Director of Public Services
-21zz� Z4�=�
UCE HARVEY
Maintenance Services Mana er
Attachments: 1. Race Engineering Corporation Report
2. Request for Proposal for HVAC Maintenance
3. Company Proposal
4. Professional Services Agreement
Distribution: Chief Executive Officer
City Clerk
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ATTACHMENT #1
City of Costa Mesa
77 Fair Drive Costa Mesa, CA 92628-1200
Evaluation Report
Current H.V.A.C. Program
Letter of overview
Sites Visited
Z
Observations and Recommendations - Each Site 3
Contract Recommendations
Recommended Annual Budget
Equipment List - Each Site
!1
5
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7
April 4, 2012
Mr. Bruce Hartley
Maintenance Service Manager
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 9268-1200
Dear Bruce,
As requested, during our survey we evaluated the value and effectiveness of your current
HN.A.C. maintenance program based on industry standards. It is our opinion that the
current written program (RFP) does provide for a complete and effective maintenance.
But do to the location and accessibilities of some of the air handlers; it would be very
difficult to perform the maintenance as it is written.
We have also included in this report, for your review, an estimated annual budget to be
compared with your existing contract values to determine if current expenditures are
appropriate.
Regarding the service and maintenance work orders provided, we were unable to
completely determine the actual work provided because of the description of work
performed. Therefore, we are unable to establish an accurate value of the repairs.
However, we have provided in our recommended annual budget a labor value for the
total hours reported for work performed under contract and outside of preventive
maintenance work.
Included in this report:
• Sites visited
• Observations and recommendations per site location
• Contract recommendations
• Recommended annual budget
• Equipment list — each site
Thank you for this opportunity to be of assistance. If after the review of this report you
have any additional questions, or would like to schedule a meeting with us, please feel
free to call us at any time.
0
City of Costa Mesa
Facilities By Location
Balearic Center
1975 Balearic Drive
Costa Mesa, CA
City Hall
77 Fair Drive
Costa Mesa, CA
Communications Center
79 Fair Drive
Costa Mesa, CA
Corporation Yard (Oki)
2300 placentia Ave.
Costa Mesa, CA
Corporation Yard (New)
2310 placentia Ave.
Costa Mesa, CA
Downtown Recreation Center
1860 Anaheim Ave.
Costa Mesa, CA
Fire Station #1
2803 Royal Palm Ave.
Costa Mesa, CA
Fire Station #2
800 Baker Street
Costa Mesa, CA
Fire Station #3
1865 Park Ave.
Costa Mesa, CA
Fire Station #4
2300 Placentia Ave.
Costa Mesa, CA
Fire Station #5
2450 Sakioka Drive
Costa Mesa, CA
Fire Station #6
2350 Sakioka Drive
Costa Mesa, CA
Historical Society
1870 Anaheim
Costa Mesa, CA
Mesa Verde Library
2969 Mesa Verde Drive East
Costa Mesa, CA
Neighborhood Community Center
1845 Park Ave.
Costa Mesa, CA
Police Facility
99 Fair Drive
Costa Mesa, CA
Police Substation
567 W. 18th Street
Costa Mesa, CA
Senior Center
695 W. 19th Street
Costa Mesa, CA
I
Citv Hall
Observation
• Air handler in the basement serving the computer room was extremely
dirty and needs cleaning.
Recommendation
• All air handlers (18 total) need to be disassembled and inspected, (repairs
made as needed, if any)
Observation
• Zones #2 &. #4 on lst floor need to have the fan shaft bearing inspected
Observation
• Found broken pneumatic thermostat on the 4th floor and electric reheat
thermostat not energizing the contactor.
Recommendation
• All reheat zone locations be identified on a floor plan and each zone be
inspected for proper operation.
Observation
• Complaints of shortage of air circulation at the end of the duct runs.
Recommendation
• Possible duct inspection for down damper or duct breakages. Air
balancing may be required.
Observation
• BAC cooling tower has had water flow issues.
Recommendation
• This needs to be addressed as soon as possible. Clean strainers and spray
nozzles.
1
f®
Observation
• Some of the outside air dampers are not working.
Recommendation
• All dampers need to be serviced and repaired prior to warm weather.
Observation
• Expansion tank in basement has no air cushion.
Recommendation
• Check operation of water make-up, drain tank to proper level for
expansion.
Police Department
Observation
• Air handler in basement has no air filter.
Recommendation
• Install filters
Mesa Verde Library
Observation
• Trane package unit needs to have the condenser coil cleaned.
Fire Station #1 Fire Prevention
Observation
• #4 Carrier fan coil unit has been disconnected. Condensing units serving
fire prevention are very old and will need replacing.
Fire Station #2
• unit seems to be operating normally at this time.
2
Fire Station #5
• Natural gas is turned off at A/C #4
• Swamp cooler is isolated.
Fire Station #5
• Unit needs to have a complete set of air filters and filter pulls.
Historical Society
• Equipment appears to be operating normally at this time. Customer says a
coil on F.C. #1 needs replacing.
Fire Station #4
• Carrier package unit noisy. Check supply fan RRM S.
Old Corporation Yard
• Equipment appears to be in good condition.
New Corporation Yard
• Supply fan door needs to be repaired
• Access door for the air handler needs to be installed in the hallway.
Balearic Center
• Heater number one is disconnected.
• Heater number two — fan interlock needs to be repaired.
• Heaters are very old.
Fire Station # 3
• Swamp cooler is off and isolated.
Senior Center
• All air filters are dirty and need replacing.
• Unit #8 O.S.A. panel is off.
• Kitchen Greenheck M/U fan needs complete inspection.
• Make-up air swamp cooler is off.
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17—
Communication Buildine.
• Equipment appears to be in good condition
Neighborhood Community Center
• O.S.A. filter needs replacing
• A/C #1 is off on heat failure.
• M/U air unit -for kitchen is off.
• A/C unit for kitchen unit needs new condenser coil.
• Fan bracket broken — turned off unit.
Police Substation
• A/C needs new condenser.
Downtown Recreation Center
• Economizer (multi purpose room) not working.
Control Systems, Pneumatic and Honeywell Control Systems
Regarding the review of the control systems, the electronic, pneumatic and
Honeywell control systems are serviceable and accessible through the front end
computer Iocated in Doug Lovell's office. If Siemens only parts are required,
they can only be obtained by the end user (City of Costa Mesa) and or installed by
local contractor or city personnel. If the front end computer is replaced, the new
control computer can be inter -faced with the individual Siemens points. This will
provide a non-proprietary control system.
4
13
Contract Recommendations
It is always our position to have only one contractor involved in the service and or repair
of your HN.A.C. systems. But in the interest of value management, the following
options can provide a cost savings.
• City of Costa Mesa to contract directly with the Water Treatment Company. This
will eliminate the sub -contractor mark-up. Your HN.A.C. contractor can monitor
this work and advise city personnel of any deficiencies.
• Contract with a filter company only to replace air filters on a quarterly basis;
leaving the technical inspection for your HN.A.C. with the contractor. We would.
also recommend that the annual 12" filter replacement be performed by your
HN.A.C. contractor.
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City of Costa Mesa
Equipment List All Facilities
Location Make Tvpe Model Number Qt.
Balearic Center
Hayes
Packa- e Unit
210SED-CF
3
City Hall
BAC
Cooling Tower
VXT150C
1
Turbocore
Frictionless Compressor
3
Carrier
Package Unit
50HS-042
1
Worthington
Reciprocating Chiller
LKS202942
2
Lawson
Blower
1
Worthington
Air Handlers
18
Various
Chilled Water Pumps
3
Various
Condenser Water Pumps
3
Control Air
Compressor and Dryer
PXM Controller
1
Unitary Controllers
10
Terminal Equip, Controllers
11
City Hal{ Print Sha
Carrier
Package Unit
50HS-042
1
Lennox
Package Unit
1
Communications Center
Carrier
Package Unit
48GLO36620
9
Carrier
Package Unit
48GH0065
1
Carrier
Package Unit
50YH024
1
Carrier
Package Unit
48DPO12
1
Loren Cook
Exhaust Fans
5
Old Corp. Yard
Carrier
Package Unit
48GSN060090301
1
New Cor . Yard
Lennox
Pack a Unit
HS16-651
1
Lennox
Split Unit
GS15Q4/5X
1
Lennox
Heating
GS150314X
1
Downtown Rec Center
Carrier
Package Unit
48HJE012
1
Carrier
Package Unit
48HJE006
1
Carrier
Packa a Unit
48HJE008
1
Carrier
Package Unit
48HJE004
1
Cook
Exhaust
150 ACRU 5B
1
Ig
Location Make Type Model Number {fit.
1-7
Cook
Exhaust Fan
150 ACE B 135 C36
Cook
Exhaust Fan
150 ACE B 135 C213
3
Cook
Exhaust Fan
GEM GN 340
2
Cook
Exhaust Fan
little Gem Ii
2
Modine
Make up air untis
4
Fire Station #1
Janitrol
Condenser Unit
440363
2
Janitrol
New Heaters & Evaporative Coil
24-100
2
Carrier
Gas Heaters
58ZAV075
4
Mitsubishi
Package Units
4
Mitsubishi
Condenser Units
2
Mitsubishi
Evaporative Units
2
Whirlpool
Package Unit
AEF120
1
Various
Exhaust Fans
3
Misc.
Wali Furnaces
Fire Station #2
SDP
Split Condenser & Evap, Unit
569bb060
1
BDP
Split Condenser & Evap. Unit
396GAWO
1
Misc,
Wall Furnaces
Fire Station #3
Carrier
Package Unit
5ONQ024
2
BDP
Package Unit
542037
1
BDP
Package Unit
542D02
1
Greenheck
Kitchen Exhaust Fan
1
Illegible
Evaporative Cooler
1
Reznors
Unit Heater
2
Fire Station #4
BDP
Packa e Unit
659EJ030
1
BDP
Packa a Unit
56986060
1
BDP
Package Unit
396AW060
1
Fire Station #5
Trane
Package Unit
FBY200G
1
Ille ible
EC
1
Illegible
Exhaust Fan
2
Fire Station #6
Carrier
Package Unit
48DJD006530
1
Carrier
Package Unit
48DJE004510
2
Carrier
Package Unit
48DJDG0510
1
Various
Exhaust Fans
5
Historical Society
Day Night
Package Unit
567CO60
1
Day Night
Package Unit
5277C
1
1-7
Location Make Tvpe . Model Number Qt.
Mesa Verde Library
Climatrol
Package Unit
URH08300
1
Climatrol
Package Unit
URH103007
1
Neighborhood Com. Cntr,
Lennox
Package Unit
GCSBE
4
Lennox
Package Unit
GCS3
2
Essick
Evaporative Cooler/Heater Kitchen
1
Twin City
Exhaust Fan
1
Automation
Field Level Network Controller
1
Terminal Equipment Controllers
.. ............
6
Police Department
Turbocore
Frictionless compressor
2
BAC
Chiller NOTE: Abandoned Chiller
FXT 160
1
Carrier
Package Unit
50LJQ
1
Data Air
Computer Room Unit
CAW1034
1
Baldor
Condenser Water Pump
3
Baldor
Chilled Water Pump
3
TBA
Boiler
1
Various
Exhaust Fans
14
LAN
Pneumatic Tube System
1
Control Air Compressor & Dryer
Various
Air Handling Units
14
Various
Shooting Range Upgrade E ui ment
Police Sub Station
Rheem
Package Unit
RPNA-048A000
1
Rheem
Package Unit
RPNA-06000
1
Rheem
Pack ae Unit
1
Senior Center
Carrier
Package Unit
40AQ018
2
Carrier
Package Unit
48DJD004
3
Carrier
Package Unit
48DJD005
1
Carrier
Package Unit
48DJD006
1
Carrier
Package Unit
48DJD007
1
Carrier
Package Unit
48DJD008
1
Carrier
Package Unit
48DJO09
2
Carrier
Package Unit
48DJ007
1
Carrier
Package Unit
48DJE012
1
Carrier
Package Unit
48DJE014
1
Cook
Exhaust Fan
8
Esick
ITri-Temp 175L Make u2 air unit
T
REQUEST FOR PROPOSAL FOR
MUNICIPAL FACILITY HVAC MAINTENANCE
AT CITY HALL AT 77 FAIR DRIVE & POLICE
DEPARTMENT AT 99 FAIR DRIVE
Public Services Department
CITY OF COSTA MESA
Proposal No. 1147
Released on April 18, 2012
ATTACHMENT #2
12
MUNICIPAL FACILITY HVAC MAINTENANCE
REQUEST FOR PROPOSAL (RFP)
1. BACKGROUND
The City of Costa Mesa is seeking a well qualified firm to provide a comprehensive
heating -ventilation -air conditioning HVAC maintenance and repair program for a City
Hall and the Police Department. The work will include the provision of a total
maintenance/management program including, but not limited to the inspection,
preventative maintenance, repair, programming and other tasks and services
necessary to insure safe, well maintained HVAC systems providing quality air for
City employees and the public.
2. SCHEDULE OF EVENTS
This Request for Proposal will be governed by the following schedule:
Release of RFP
April 18, 2012
Pre -proposal Meeting / City Hall — 10:00 am
April 26, 2012
Deadline for Written Questions
May 03, 2012
Responses to Questions Posted on Web
May 10, 2012
Proposals are Due
May 14, 2012
Proposal Evaluation Completed
May 21, 2012
Approval of Contract
June 19, 2012
3. SCOPE OF WORK -- STANDARDS AND SPECIFICATIONS
The Contractor shall retain professional personnel who have successfully and
competently provided municipal facility HVAC maintenance and repair services on
projects of similar scope and complexity. It shall be the Contractor's responsibility to
develop and implement a routine maintenance program to effectively maintain, to the
satisfaction of the City representative, all aspects of HVAC systems in City defined
facilities. For the purpose of this contract, routine preventative HVAC maintenance
shall be defined as scheduled routine inspection and proactive servicing of HVAC
systems so as to facilitate heating/cooling with a minimal downtime. The routine
maintenance and all repairs shall be provided in accordance with the highest
standards of the industry, skill, workmanship, applicable trade practices, meet
warranties and in conformance to all applicable laws, codes and regulations. The
successful Proposer's maintenance program and repairs shall, at a minimum,
include but not limited to the specifications outlined herein.
SERVICES TO BE PROVIDED
It is the Proposer's responsibility to provide an appropriate level of on-site staffing as
needed, provide appropriate tools and vehicles necessary to support all facility
HVAC maintenance functions during hours of maintenance and for response after
2
normal working hours. Proposer's services are to be compliant with all Federal,
State, CARB, AQMD, OSHA and all other applicable regulatory requirements.
ADDITIONAL SUPPLEMENTAL COVERAGE
Contractor shall repair or replace failed or worn moving parts (such as: bearings,
motor rotors, motor starters, seals, gears, burners, actuators, controls and switches).
Prior to beginning any repair or replacement, Contractor will troubleshoot the system
to diagnose the system's problems. The City shall not incur any extra charge for this
service. Contractor shall itemize the equipment list covered under repair or
replaceable.
Non-moving parts such as boiler tubes, shells, refrigerant/water tubes, non-
manufactured or produced products, environmentally hazardous materials and/or
refractory replacement are excluded.
PRICING TABULATION SHEETS
Prices as stated on the Building HVAC Maintenance Pricing Sheet (Exhibit B) shall
be all inclusive for services as specified in this Proposal.
HVAC MAINTENANCE STAFFING LEVELS
The Contractor shall provide a staffing level that will provide the desired level of
customer service, program support, HVAC maintenance and repair at designated
City facilities.
Staffing levels should include staff that is certified and proficient in the complete
maintenance and repair of Turbocore chiller systems, air handlers, pneumatic
systems, and a variety of package HVAC units. Additionally, service levels shall
provide the ability to respond immediately to situations involving the health and
safety of employees and/or the public; comfort and operational capability of any
public meeting space. Routine repairs, service requests or other non -urgent tasks
shall be completed by journey level staff within one (1) hour working day from the
date of the .automated request or assignment by the City Representative.
The journey -level worker(s) shall be proficient in the following trades:
o All mechanical, electronic and pneumatic aspects of chilled water systems
o Turbocore chiller systems
o ADD drives
o Air handling systems
o The interface and control of existing Siemens proprietary systems
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BILLABLE WORK
All work beyond and in addition to the scope of the contract shall be considered
billable hours and will require that an estimate for that proposed work be provided to
the City Representative for consideration and approval prior to work being
completed.
SECURITY BACKGROUND CHECK OF PERSONNEL
Contractor is required to provide security checks for all personnel assigned to work
under this contract. Security checks will be coordinated through Costa Mesa Police
Department (CMPD). CMPD will run security checks of all personnel assigned to
work under this contract. The records check will include finger printing, Department
of Justice (DOJ) wanted person system check, California Driver's License check,
Orange County warrant check and review of any local record. The City will be
responsible for the costs associated with this process. Additional checks will be
required for all new employees during the lifetime of the contract and all expenses
shall be borne exclusively by the contractor. The City reserves the right to
approve/refuse any prospective employees of the contractor as a result of the
background check.
The following information must be provided to the City Representative no less than
30 days prior to any employee's start of work:
• Full Legal Name
• Social Security Number
• California Driver's License or Identification Number
• Birth Date
• Current Valid Address
SUBCONTRACTING
No portion of the work covered by 'these specifications may be subcontracted or
assigned without prior approval of the City Representative. Requests to subcontract
all or any portion of services required by this contract will be submitted to the City
Representative, at least thirty (3) days in advance of the proposed effective date of
the subcontract. Proposer shall include in this written request a detailed description
of how the Contractor plans to oversee the services performed by the proposed
subcontractor. Contractor shall be responsible for services provided by any
subcontractor as if Contractor were providing -the services with its own organization.
Any subcontractor providing services shall have successfully passed a background_
check prior to commencing work and must meet the City's insurance requirements.
Contractor shall bear all expenses of any subcontractor background checks and any
required insurance.
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The City may make reasonable investigations deemed necessary and proper to
determine the ability of a contractor to perform the work, and the contractor shall
furnish the City all information requested for this purpose.
Damages: The Contractor will be responsible for all damages to the facility or
contents caused by Contractor, their staff or subcontractors during the performance
of their duties.
Tools and Equipment: The Contractor shall furnish and maintain all equipment
necessary for properly maintaining HVAC systems in City buildings. The City of
Costa Mesa reserves the right to inspect equipment to be used to perform services
under this contract. Any equipment determined to be in poor condition must be
replaced immediately, at the contractor's expense. Failure to provide suitable
equipment for carrying out all requirements of this contract may be grounds for
termination.
Inspections and Remedies: So as to ensure consistent quality of the work being
performed, the City Representative will perform periodic inspections of HVAC
systems to ensure compliance with the contract specifications. A monthly inspection
report will be communicated to the Contractor for review and corrective action for
any deficiencies found. During the following month's inspection, the City
Representative will re -inspect the deficient areas. A meeting shall be held monthly
between Contractor and City Representative prior to invoices being submitted for
payment, to confirm the work performed meets specifications; and/or to discuss any
other pertinent issues. Any deficiencies not corrected will have a dollar value
assigned, represented as a percentage of the billed amount, and that dollar amount
will be deducted from the monthly payments until the reported deficiency has been
corrected to the satisfaction of the City Representative.
EMERGENCY CALL OUT SERVICE
Contractor shall provide 24 hour emergency service as needed in all aspects of
HVAC emergency repair for the City facilities included in this specification. Hours
shall be Monday through Friday 5:00 p.m. to 6:00 a.m. and 24 hours each day on
weekends and Holidays. Contractor shall have working personnel on-site within 1
hour of the call -out, or respond by telephone to the City Representative within
hour if the problem is capable of being corrected through the use of a
computer/modem to alleviate the source of complaint.
HEATING -VENTILATION -AIR CONDITIONING (HVAC) MAINTENANCE AND
MONITORING
• Contractor shall respond to indoor temperature complaints and provide
expeditious correction and record complaints and corrections at all City
facilities.
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• Contractor shall monitor computer control systems for Siemens control panel,
contacting the Siemens customer service center if problems are observed.
• Contractor shall inspect all HVAC systems at least twice each year, with
seasonal start-up and run inspections performed and documented.
• Contractor shall provide- oversight and documentation of Seasonal Preventive
Maintenance on chillers and boilers, with service to be provided by Proposer.
• Contractor shall review the Proposer contract and through monitoring and
inspections verify that the following services are provided:
o For cooling towers: disassemble screens and access panels for
inspection, inspect the tower fill, support structure, sump and spray
nozzles, fill valve, gear box, drive coupling, fan blades, and motor
bearings; clean starter and cabinet; inspect wiring; check motor starter
contacts for wear and proper operations; megger test the motor and
log readings; and check the condition of the contactor, and log
observations.
o For pumps: lubricate bearings semi-annually. Inspect couplings and
check for leaks. Investigate unusual noises.
• Contractor shall perform air -handling unit maintenance which includes but is
not limited to; all services recommended by manufacturer; replacing air filters
at least quarterly, at all City facilities not covered under Proposer contract.
• Contractor shall inspect, provide oversight and documentation that all City
owned facilities under contract with Proposer are receiving required work.
• Contractor shall perform monthly walkthroughs of HVAC systems for
preventative maintenance work requests to Proposer.
ADDITIONAL CONTRACTOR REQUIREMENTS
• Contractor shall show evidence of presently serving at least three municipal
customers.
• Contractor shall hold current C10 and C20 licenses.
Contractor shall provide HVAC employees that possess a State of California
Joint Journeyman Apprentice Training Center certification; Automation
specialists that are continually factory trained or Siemens Apogee Building
Automation System, and must be able to provide monthly operator coaching
and on-site training of select personnel, certified in servicing Turbocore
chillers and ABB Drives.
• Contractor shall have in its employ at least 10 full-time journeymen -level
mechanical personnel and factory -trained automation specialists.
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• Service specialists and technicians shall normally be dispatched from a local
headquarters or branch within a 15 mile radius from the City boundary line of
the City of Costa Mesa.
• Contractor shall provide HVAC data protection and recovery services, control
loop tuning, and Siemens software updates for the Siemens automation
system.
• Contractor shall maintain a minimum fleet of 50 vehicles within the area they
serve.
• Contractor shall implement measures to remotely access the Siemens
workstation for emergency service.
• Service Automation specialists shall demonstrate familiarity with Siemens
Apogee revision 3.11.
• Contractor shall upgrade the Apogee stem with -the latest revisions, as they
become available.
• Contractor shall provide emergency access 24 hours a day / 7 days a week,
Monday through Sunday.
• Service specialists and technicians shall normally be dispatched from a local
headquarters or branch within a 15 mile radius from the City boundary line of
the City of Costa Mesa as defined in the most current Thomas Guide map.
• Contractor shall supply their staff with their agency uniform and photo
identification tags that will be worn at all times. Uniforms shall display the
Contractor logo and employee first or last name shall be clearly visible.
• Contractor shall provide MSDS sheets to City in a complete "Right to Know"
binder for all products used in City facilities. City will determine location of
"Right to Know" books.
SPECIFIC SERVICES
Annual Maintenance
Proposer will perform scheduled annual preventive maintenance in accordance with
a program of standard routines as determined by your experience, equipment
application, and equipment operating hours that are recommended by each
equipment manufacturer and location. This service is designed to optimize the
reliability and efficiency of the equipment, extend the useful life of the City's
equipment, and provide proactive indications of excessive wear and damage to
HVAC systems before a catastrophic failure occurs during the next operating
season. Proposer will also provide recommendations for additional service(s) that
will better enhance equipment performance. The equipment included under this
service is itemized in the List of Maintained Equipment Section beginning on Page
16 of this document.
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HVAC Air Filter Changing Service
This service will maintain indoor air quality by changing filters quarterly and
minimizing dust and particles from collecting on ductwork. This service will insure
proper Flow through cooling and heating coils, thus preventing restrictions in airflow,
leading to higher system and .energy efficiency. The equipment included under this
service is itemized in the List of Maintained Equipment. In the event the air filter
material or cleaning requires different frequencies than indicated (due to
experience or changes in operating conditions), recommendations will be made
for approval by the City Representative to adjust the frequencies and any associated
price.
Air Cooled Condenser Coil Cleaning
This service will improve airflow across condenser coils, improve heat transfer and
extend the life of the compressors. Coil cleaning consists of cleaning the outside
surface of the condensing unit coils to remove any airborne particles, dirt build-up by
using a brush, high pressure air, chemical with low pressure wash or chemical with
high pressure wash based on the condition of outside environment and coil
accessibility. The equipment included under this service is itemized in the List of
Maintained Equipment (see Page 16).
Evaporator Coil and Cleaning
Proposer will clean air handling unit evaporator coils that will help improve air
circulation in the air distribution system, and reduce dust and dirt that is in the
system. Coils will be cleaned at a time that is mutually agreeable between the
proposer and the City Representative. Coil cleaning consists of cleaning the
surface of the evaporator coil to remove dust and dirt particles that have collected
on the evaporator coil. Coils will be cleaned using a vacuum cleaner and or other
devices that allow the proper cleaning of the coil. The equipment included under
this service is itemized in the List of Maintained Equipment (see Page 16).
Refrigerant Oil Analysis
Proposer will perform Spectro-chemical refrigerant oil analysis and trend oil condition
that identifies contaminants and possible system malfunctions caused by wear of
moving parts, such as bearings and shafts. This predictive wear analysis
provides early identification of problems prior to them becoming unplanned and
costly. Based on the oil analysis results, proposer will recommend when oil
changes are needed, and may make other recommendations regarding the
operation and maintenance of your chiller plant. This service reduces the amount of
waste oil generated. The equipment included under this service is itemized in the List
of Maintained Equipment in this service agreement (see Page 16).
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Cooling Tower Drain and Refill
Proposer will remove the condenser water from HVAC systems after cooling season
to prevent possible damage and expensive repairs caused by water freezing during
winter months, and refill the system prior to spring start-up. The equipment included
under this service is itemized in .the List of Maintained Equipment (see Page 16).
Operating Inspection
Proposer will provide this service to assure that mechanical equipment continues to
operate efficiently with little operating disruptions during the operating season.
Proposer will provide routine operating inspection(s) to check system performance in
accordance with a program of standard routines as determined by our experience,
the equipment manufacturer's published recommendations, equipment application,
and location. A detailed list of the tasks included with this service in the Equipment
Tasking section of this service agreement. This service will focus on equipment
operation, fluid levels, operating and safety controls, and safe equipment operation.
The equipment included under this service is itemized in the provided List of
Maintained Equipment (see Page 16).
Operating Inspection — Heating
This service will help to assure mechanical equipment continues to operate
efficiently, safely and with little operating disruptions during the operating season.
Proposer will provide routine operating inspection(s) to check system performance in
accordance with a program of standard routines as determined by our experience,
the equipment manufacturer's published recommendations, equipment application,
and location. A detailed list of the tasks included with this service is in the Equipment
Tasking section of this service agreement (see Page 16). This service will focus on
equipment operation, fluid levels, operating and safety controls, and safe equipment
operation. The equipment included under this service is itemized in the List of
Maintained Equipment (see Page 16).
Operating Inspection - Cooling
This service will help to assure mechanical equipment continues to operate
efficiently, safely and with little operating disruptions during the operating season.
Proposer will provide routine operating inspection(s) to check system performance in
accordance with a program of standard routines as determined by our experience,
the equipment manufacturer's published recommendations, equipment application,
and location. A detailed list of the tasks included with this service is in the Equipment
Tasking section of this service agreement (see Page 10). This service will focus on
equipment operation, fluid levels, operating and safety controls, and safe equipment
operation. The equipment included under this service is itemized in the List of
Maintained Equipment (see Page 16).
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Equipment Tasking
The following tasks listed herein for each equipment type will be performed at -the
intervals planned. These tasks are designed to place the equipment into prime
operating condition so that the equipment will operate effectively, reliably, and
efficiently.
Rooftop Packaged Units
1. Filters changed quarterly on a minimum basis or as required.
2. Preventative maintenance service to be performed quarterly.
3. Lock out and tag out equipment as required.
4. Check all electrical wiring, connections. Tighten as required.
5. Check all motor starter contactor surfaces for wear.
6. Clean electrical control enclosures.
7. Lubricate air handling unit motor bearings and fan bearings, if applicable.
8. Check air handling unit belts for wear.
9. Check belt tension and sheave alignment.
10. Change belt and change as required.
11. Check condition, of evaporator coils. Chemically clean as required.
12. Check and clean condensate drains, drain line and pan annually.
Reciprocating Compressors
1. Preventive maintenance shall be performed quarterly.
2. Lock out and tag out equipment as required.
3. Check all electrical wiring and connections. Tighten as needed.
4. Check starter contactor surfaces for wear.
5. Visually leak check compressor and associated refrigerant piping annually.
6. Clean exterior of compressor.
7. Check operation of crankcase heater.
8. Meg -ohm motor from starter and record annually.
9. Check and calibrate all safety and cut-out devices.
10. Check and adjust compressor capacity- controls.
11. Check, calibrate and adjust all operational controls.
12. Remove compressor oil sample, perform Spectro-chemical test on oil
annually.
Exhaust Fans
1. Preventative Maintenance.
2. Lock out tag out equipment as required.
3. Check all electrical wiring and connections and tighten.
4. Check all motor starter contactor surfaces for wear.
5. Clean starter and electrical control enclosures.
6. Lubricate motor bearings and fan bearings.
7. Check exhaust fan belts for wear, replace as required.
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8. Check belt tension and sheave alignment. Adjust as required.
9. Inspect exhaust fan unit assembly.
10. Check all mounting hardware. Tighten as required.
Pneumatic Air Compressors
1. Quarterly inspect unit, check for rust spots, oil leaks and general condition of
unit.
2. Drain tank, check auto drain.
3. Check belt, adjust tension and sheave alignments. Replace if necessary.
4. Meg -ohm megor and record annually.
5. Check starter wiring and contacts.
6. Check motor amperage and voltage.
7. Check intake air filter, replace as required.
Package, Gas Heat Electric Cool
1. Preventive maintenance.
2. Change filter quarterly on a minimum basis. Increase as necessary.
3. Check unit voltage and record.
4. Lubricate motors as required.
5. Check and adjust burners for proper flames.
6. Check for proper corribustion and flue gas relief.
7. Record discharge temperature, heating and cooling modes.
8. Record return air temperature.
9. Check and adjust operating and safety controls.
Air Handler
1. Perform maintenance quarterly.
2. Lockout tag out equipment.
3. Check starter contacts for excessive wear.
4. Tighten all starter wire connections.
5. Check belts, adjust or replace as needed.
6. Check belt tension and sheave alignment. Adjust as required.
7. Meg -Ohm motor and record annually.
8. Check fan motors amps.
9. Clean and lubricate unit motor bearings and fan bearings.
10. Check operation of economy dampers.
11. Lubricate all dampers and linkages as necessary.
12. Check operation of static vane (if applicable).
13. Visually check all coils for leaks (annually).
14. Check and record all coil delta T (annually).
15. Inspect all mounting hardware, tighten as needed.
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Multi -zone Air Handler
1. Perform maintenance quarterly.
2. Lockout tag out equipment.
3. Check fan motor amps.
4. Clean and lubricate components.
5. Check operation of economy dampers.
6. Check operation of static vane or dampers.
7. Check operation of zone dampers.
8. Check and adjust operating and safety controls.
Package Chiller Annual
1.
Lockout tag out equipment.
2.
Check condenser / Barrel tubes.
3.
Check Chiller barrel tube.
4.
Check and record unit amp draw.
5.
Check unit voltage and record.
6.
Check unit pressures and record.
Chiller with Reciprocating Compressors
1. Visually inspect equipment condition and operation.
2. Check for unusual vibration, noise, excessive temperatures and refrigerant
leaks.
3. Check unit voltage and record.
4. Check unit operate and records.
5. Check unit operating hours and record.
6. Check condenser pressure and record.
7. Check evaporator pressure and record.
8. Check oil sump sight glass.
9. Record chilled water inlet temperature.
10. Record chilled water outlet temperature_
11. Check condenser water inlet.
12. Check condenser water outlet temperature.
13. Check compressor starter contacts for abnormal wear.
Variable Frequency Drive
1. Check unit operation quarterly.
2. Check fault history report.
3. Check operation of manual bypass.
4. Verify drive signal increase and decrease.
5. Check and tighten all electrical connections.
6. Check starter contacts for wear.
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Computer Room Air Conditioning Units
1. Check all electrical wiring and connections. Maintenance is performed bi-
monthly.
2. Check filters quarterly as a minimum.
3. Check all electrical wiring and connections. Tighten as necessary.
4. Check starter contactor surfaces for wear.
5. Check compressor amps and record.
6. Check sight glass for moisture level.
7. Check operation of crankcase heater.
8. Lubricate condenser fan motor and fan bearings.
9. Check condition of condenser coil, clean as necessary.
10. Check belts for wear, replace as required.
11. Check and adjust compressor capacity controls.
12. Lubricate indoor fan motor and bearings.
13. Check humidifier for proper operation.
Boiler
1. Check boilers for proper operation. Discuss any problems with buildings
operating engineering staff.
2. Check and use boiler viewport to check main burner flame.
3. Turn off and secure boiler.
4. Check boilers for any unusual noise or vibration.
5. Inspect gaskets for any signs of leaks.
6. Examine the venting system.
7. Remove and/or inspect gas pilot assembly. Reinstall in accordance with
recommended specifications and tolerances.
8. Check boiler circulating pumps for proper operation and lubricate.
9. Check flame safeguard control for pilot and main flame ignition.
10. Check operation of blower motor and circuitry.
11. Check operation of gas valves and vents.
12. Inspect and tighten all electrical connections.
13. Check and adjust all boiler limit pressure controls and running interlocks.
14. Check operation and adjust low water controls.
15. Check burner, pilot and main flame ignition.
16. Check and oil combustion air fan.
17. Check expansion tank and site glass.
18. Check and record all entering and leaving water temperatures and pressures.
19. The boiler room shall be left in the same condition as existed prior to start of
the work.
20. Refer to equipment O&M manual for any maintenance clarifications.
21. Complete onsite service log and PM checklist.
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HVAC SERVICES — PNEUMATIC
Preventive Maintenance
Proposer will provide quarterly preventative maintenance on Pneumatic Air
Compressors that responds to changes in mechanical component performance, building
use, and climatic conditions. Service shall be in accordance with a program of standards
as recommended by equipment manufacturers' recommendations.
HVAC SERVICES — WATER TREATMENT
Water Treatment Services
Proposer will provide industrial water treatment to manage four main problem areas:
scaling, corrosion microbiological activity and disposal of residual wastewater. Water
treatment services will extend equipment life, provide operational efficiency, minimized
downtime and control water born disease such as Legionnaires. Proposer will perform
water treatment service for both hot water and chilled water loops at the Costa Mesa
City Hall and Police Department Facilities. This service will be completed monthly.
HVAC SERVICES — INFRARED SERVICE
Infrared Electric Panel Inspection
The Infrared inspection will be provided as it is an important form on non-destructive
testing that has become an indispensable predictive maintenance tool for electrical
service panels. It shall be performed with a portable infrared imaging system, this
equipment detects infrared energy (heat) emitted from an object and displays it as a
dynamic thermal image. Using the IEEE/ANSI Standard, this inspection aids in the
evaluation of component temperatures. Proposer will perform a biennial infrared scan of
main electrical panels at City Hall and the Police Department. A detailed report will be
provided upon completion of onsite scan.
ENERGY SERVICES
Energy Optimization Services
Proposer will perform a benchmark analysis that compares a building's energy
performance against industry recognized benchmarks and provides facility owners and
operators with an objective assessment of facility performance and a valuable starting
point to identify and quantify the value of energy conservation efforts through the
Benchmark Report, proposer will create an energy baseline and obtain, if applicable, an
ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager to generate
a Statement of Energy Performance. This rating compares our building's performance
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against buildings of similar type and operating characteristics in similar climate zones.
This report will provide key data points in addition to an ENERGY STAR Performance
Rating including Energy Usage Intensity (EUI), Energy Cost Intensity (ECI), and the
facility's Greenhouse Gas Emissions.
If our facility is not eligible to receive an Energy Star Performance Rating due to the
building type or usage the benchmark will compare facility performance versus the
Department of Energy's Commercial Buildings Energy Consumption Survey (CBECS)
data or the best alternative industry benchmark that is available. Based on current
performance, the benchmark will indicate if the facility meets existing LEED energy
performance requirements, and the number of points that could be obtained if pursuing
LEED certification through the U.S. Green Building Council.
In addition, Proposer will conduct a detailed analysis of facility interval meter data, when
available from site metering and/or the utility provider. This enables us to gain further
insight into facility performance, and provide a snapshot report to help understand
performance and pinpoint areas for operational efficiency. Based on current energy
consumption and prices, proposer energy analysts will suggest potential improvement
measures and quantify the impact on energy usage, cost savings and GHG reductions.
LEED Impact
An Energy Star Performance Rating of 69 is required to meet the LEED for Existing
Buildings: Operations & Maintenance (LEED ED) prerequisite (Energy & Atmosphere
Prerequisite 2: Minimum Energy Efficiency Performance), and a minimum score of 71 is
required to obtain incremental points beyond the prerequisite (Energy & Atmosphere
Credit 1: Optimize Energy Efficiency Performance). For buildings that are not eligible for
an ENERGY STAR Performance Rating, the LEED EB prerequisite requires a building
to be 19% above the National Average, and a minimum of 21% above the National
Average in order to obtain incremental points. In each case, up to 18 LEED EB points
are available by documenting superior facility performance versus an industry
benchmark. For detailed LEED requirements, refer to the LEED for Existing Buildings
Operations & Maintenance Reference Guide, 2009 Edition.
Energy Budgets and Forecasts
Proposer will collect historical energy data either from the Customer directly or through
the utility company with authorization from the City Representative. The minimum
historical data required for this service will be the data existing for the past 12 months
but 3 years historical data will be requested and is preferred. Proposer will use this data
to project energy consumption patterns based on the Customer's operations. Future
energy volumes will be priced according to the market per commodity. Proposer will use
this pricing to produce a forecasted budget.
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Technology and Energy Audits
Proposer will review the City's HVAC system, evaluating the current use of our HVAC
system and what may have been changed or been modified in our daily facility operation
that impacts the effectiveness of the system. Proposer will review applicable building
control technologies, suggest possible new strategies on technologies that could be
implemented to enhance our current system, and consider what changes,
enhancements and/or upgrades should be made to facilitate our future plans. In
addition, recommendations should be made about adding and/or modifying applications,
sensors, points panels and/or software where needed to improve building operation and
performance. Proposer will interface with the local utilities to determine possible
incentives and rebates. Once the review is completed, a written report of the findings
and recommendations will be provided during a scheduled meeting annually.
HVAC EQUIPMENT LIST
POLICE DEPARTMENT — 99 FAIR DRIVE
Turbocore
Frictionless compressor
Turbocore
Frictionless compressor
Chiller BAC
FXT 160 Cooling Tower Worthington (Abandoned Chiller)
Carrier
50LJQ Package Unit
Data Air
CAW1034 Computer Room Unit
Baldor
(3) Condenser Water Pumps
Baldor
(3) Chilled Water Pumps
TBA
Boiler
Various
(14) Exhaust Fans
LAN
Pneumatic Tube System
Control Air Compressor & Dryer
Various
(14) Air Handling Units
Various
Shooting range upgrade equipment included; excludes exhaust
filters.
Modular Equipment Controller (3)
Terminal Equipment Controllers (78)
CITY HALL — 77 FAIR DRIVE
BAC
VXT150C Cooling Tower
Turbocore
Frictionless compressor
Turbocore
Frictionless compressor
Turbocore
Frictionless compressor
Carrier
50HS-042 Package Unit
Worthington LKS202942 Reciprocating
Worthington LKS202942 Reciprocating Chiller
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Lawson Blower
Worthington (18) Air Handlers
Various (3) Chilled Water Pumps
Various (3) Condenser Water Pumps
Control Air Compressor & Dryer
PXM Controller
Unitary Controllers (10)
Terminal Equipment Controllers (11)
CITY HALL PRINT SHOP — 77 FAIR DRIVE
Carrier 50HS-042 Package Unit
Lennox Package Unit
4. PROPOSAL FORMAT GUIDELINES
Interested Contractors are to provide the City of Costa Mesa with a thorough
proposal using the following guidelines:
Proposal should be typed and should contain no more than 20 typed pages using a
12 -point font size including transmittal letter and resumes of key people, but
excluding Index/Table of Contents, tables, charts and graphic exhibits. Each
proposal will adhere to the following order and content of sections. Proposal should
be straightforward, concise and provide "layman" explanations of technical terms
that are used. Ernphasis should be concentrated on conforming to the RFP
instructions, responding to the RFP requirements, and on providing a complete and
clear description of the offer. Proposals which appear unrealistic in the terms of
technical commitments, lack of technical competence, or are indicative of failure to
comprehend the complexity and risk of this contract, may be rejected. The following
proposal sections are to be included in the bidder's response:
A. Vendor Cover Letter: A cover letter, not to exceed three pages in length, should
summarize key elements of the proposal. An individual authorized to bind the
consultant must sign the letter. The letter must stipulate that the proposal price
will be valid for a period of at least 180 days. Indicate the address and telephone
number of the Contractor's office located nearest to Costa Mesa, California and
from the office from which the project will be managed.
B. Background and Project Summary Section: The Background and Project
Summary Section should describe your understanding of the City, the work to be
done, and the objectives to be accomplished. Refer to Scope of Work of this
RFP.
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C. Methodology Section: Provide a detailed description of the approach and
methodology to be used to accomplish the Scope of Work of this RFP. The
Methodology Section should include:
An implementation plan that describes in detail (1) the methods, including
controls by which your firm manages projects of the type sought by this
RFP; (2) methodology for soliciting and documenting views of internal and
external stakeholders; (3) and any other project management or
implementation strategies or techniques that the respondent intends to
employ in carrying out the work.
ii. Detailed description of efforts your firm will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work" section.
iii. Detailed project schedule, identifying all tasks and deliverables to be
performed, durations for each task, and overall time of completion.
iv. Detailed description of specific tasks you will require from City staff.
Explain what the respective roles of City staff and your staff would be to
complete the tasks specified in the Scope of Work.
v. Firms and individuals wishing to be considered shall include in their
submission the steps they will, if selected, implement and adhere to for the
recruitment, hiring and retention of former employees of the City who have
been displaced due to layoff or outsourcing of functions and services
formerly provided by the City.
vi. Proposers shall disclose any and all past or current business and personal
relationships with any current Costa Mesa elected official, appointed
official, City employee, or family member of any current Costa Mesa
elected official, appointed official, or City employee. Any past or current
business relationship does not disqualify the firm from consideration.
D. Staffing: Provide a list of individual(s) who will be working on this project and
indicate the functions that each will perform. Include a resume for each
designated individual. Upon award and during the contract period, if the
Contractor chooses to assign different personnel to the above project, the
Contractor must submit their names and qualifications including information listed
above to the City for approval before they begin work.
E. Qualifications: The information requested in this section should describe the
qualifications of the firm, key staff and sub -Contractors performing projects within
the past five years that are similar in size and scope to demonstrate competence
to perform these services. Information shall include:
L Names of key staff that participated on named projects and their specific
responsibilities with respect to this scope of work.
ii. A summary of your firm's demonstrated capability, including length of time
that your firm has provided the services being requested in this Request
for Proposal.
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iii. Provide at least five local references that received similar services from
your firm. The City of Costa Mesa reserves the right to contact any of the
organizations or individuals listed. Information provided shall include:
1. Client name
2. Project description
3. Project start and end dates
4. Client project manager name, telephone number, and e-mail
address
F. Fee Proposal: Proposer shall complete and submit pricing sheet (Exhibit B) and
include such additional information as necessary to allow the City to complete an
evaluation of the competitiveness of the proposal.
5. PROCESS FOR SUBMITTING PROPOSALS
Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format
guidelines.
Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of
elaborate promotional material beyond those sufficient to provide a complete,
accurate and reliable presentation.
Number of Proposals
Submit four (4) copies plus one (1) disk copy of your proposal in sufficient detail to
allow for thorough evaluation and comparative analysis.
Submission of Proposals: Complete written proposal must be submitted in
sealed envelopes marked and received no later that 4:00 p.m. (P.S.T.) on
Monday May 14, 2012 to the address below. Proposals will be accepted after
this deadline. Faxed or e-mailed proposals will not be accepted.
City of Costa Mesa
City Clerk's Office
77 Fair Drive
Costa Mesa, CA 92628-1200
RE: REQUEST FOR PROPOSAL FOR MUNICIPAL FACILITY HVAC
MAINTENANCE AT CITY HALL AT 77 FAIR DRIVE & POLICE DEPARTMENT AT
99 FAIR DRIVE
PROPOSAL NO. 1147
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Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
John Aguilar, Facility & Equipment Supervisor
john.aguilar(a).costamesaca.govov
From the date that this RFP is issued until a firm is selected and the selection is
announced, firms are not allowed to communicate for any reason with any City
employee other than the contracting office listed above regarding this RFP, except
during the pre -proposal conference. Refer to the Schedule of Events of the RFP or the
City webpage to determine if a pre -proposal conference has been scheduled. The City
reserves the right to reject any proposal for violation of this provision. No questions
other than written will be accepted, and no response other than written will be binding
upon the City.
Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for
any services. The City, as its sole discretion, reserves the right to accept or reject any or
all proposals received as a result of this RFP, to negotiate with any qualified source, or
to cancel this RFP in part or in its entirety. All proposals will become the property of the
City of Costa Mesa, USA. If any proprietary information is contained in the proposal, it
should be clearly indentified.
6. EVALUATION CRITERIA
The City's consultant evaluation and selection process is based upon Qualifications
Based Selection (QBS) for professional services. The City of Costa Mesa may use
some or all of the following criteria in its evaluation and comparison of proposals
submitted. The criteria listed are not necessarily an all-inclusive list. The order in
which they appear is not intended to indicate their relative importance:
A. Compliance with RFP requirements.
B. Understanding of the project.
C. Recent experience in conducting similar scope, complexity, and magnitude
for other public agencies.
D. Educational background, work experience, and directly related consulting
experiences.
E. Price.
F. References.
The City may also contact and evaluate the bidder's and sub -Contractor's
references; contact any bidder to clarify and response; contact any current users of
a bidder's services; solicit information from any available source concerning any
aspect of a proposal; and seek and review any other information deemed pertinent
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to the evaluation process. The evaluation committee shall not be obligated to accept
the lowers priced proposal, but shall make an award in the best interests of the City.
After written proposals have been reviewed, discussions with prospective firms may
or may not be required. If scheduled, the oral interview will be a question/answer
format for the purpose of clarifying the intent of any portions of the proposal. The
individual from your firm that will be directly responsible for carrying out the contract,
if awarded, should be present at the oral interview.
A Notification of Intent to Award may be sent to the vendor selected. Award is
contingent upon the successful negotiation of final contract terms. Negotiations shall
be confidential and not subject to disclosure to competing vendors unless and
agreement is reached. If contract negotiations cannot be concluded successfully, the
City may negotiate a contract with the next highest scoring vendor or withdraw the
RFP.
7. STANDARD TERMS AND CONDITIONS
Amendments
The City reserves the right to amend this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa
Procurement Registry, Costa Mesa Official City Web Site — Business — Bids &
RFP's; bidders should check this web page daily for new information.
Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the bidder. All
proposals submitted become the property of the City.
Contract Discussions
Prior to Award, the apparent successful firm may be required to enter into
discussions with the City to resolve any contractual differences. These discussions
are to be finalized and all exceptions resolved within one (1) week from notification.
If no resolution is reached, the proposal may be rejected and discussions will be
initiated with the second highest scoring firm. -
Confidentiality Requirements
The staff members assigned to this project may be required to sign a departmental
non -disclosure statement. Proposals are subject to the Freedom of Information Act.
The City cannot protect proprietary data submitted in proposals.
Financial Information
The City is concerned abut bidders' financial capability to perform, therefore, may as
you to provide sufficient data to allow for an evaluation of your firm's financial
capabilities.
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Indemnification
Proposer(s) shall protect and indemnify the City, the City Council, and all of its or
their officers, agents and servants against any claim or liability arising frorn or based
on bidder's violation of any existing or future State, Federal, and local laws,
ordinance, regulations, order or decrees pertaining to bidder's submittal.
Proposer(s) agree(s) to protect, defend, indemnify, save and hold harmless the City
and its elected and appointed boards, officers, agents, and employees from any and
all claims, liabilities, expenses, or damages of any nature, including attorney fees,
for injury or death of any person (proposer's employees included), and for injury to
any property, including consequential damages of any nature resulting there from,
arising out of or in any way connected with the performance of this contract, except
that the indemnity obligation of proposer shall be reduced by an amount proportional
to the active negligence of City, if any.
Proposer shall comply with all of the provisions of the Workers' Compensation
insurance laws and Safety in Employment laws of the State of California, including
the applicable provisions of Divisions 4 and 56 of the California Labor Code and all
amendments thereto and regulations promulgated pursuant thereto, and all similar
State, Federal, or local laws applicable; and contractor shall indemnify and hold
harmless the City from and against all claims, liabilities, expenses, damages, suits,
actions, proceedings and judgments, or every nature and description, including
attorney fees, that may be presented, brought or recovered against the City for or on
account of any liability under or failure to comply with any said laws which may be
incurred by reason of any work performed under this contract by proposer or any
subcontractor or others performing on behalf of proposer.
The City does not, and shall not waive any rights against proposer(s) which it may
have by reason of the above hold harmless agreements, because of the acceptance
by the City or the deposit with the City by contractor of any or all of the required
insurance policies.
The hold harmless agreements by proposer(s) shall apply to all liabilities, expenses,
claims, and damages of every kind (including but not limited to attorney fees)
incurred or alleged to have been incurred, be reason of the operations of proposer or
any subcontractor or others performing on behalf of proposer, whether or not such
insurance policies are applicable.
Proposer(s) shall require any and all subcontractors to afford the same degree of
indemnification to the City of Costa Mesa and its elected and appointed boards,
officers, agents, and employees that is required of proposer(s) and shall incorporate
identical indemnity provisions in all contracts between proposer(s) and his/her
subcontractors.
In the event that proposer(s) and City are sued by a third party for damages caused
or allegedly caused by negligent or other wrongful conduct of proposer(s), or by a
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dangerous condition on City's property created by proposer(s) or existing while the
property was under the control of proposer(s), proposer(s) shall not be relieved of its
indemnity obligation to City by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third party
against the City.
Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of
Insurance (not a declaration or policy) on file with the City for the issuance of a
permit or contract. Within ten (10) consecutive calendar days of award of contract,
successful bidder must furnish the City with the Certificates of Insurance proving
coverage as specified below. Failure to furnish the required certificates within the
time allowed could result in forfeiture of the Proposal Security.
Proposer(s) shall not commence work under this contract until he/she has obtained
all insurance required under this section and the insurance has been approved by
City as to form, amount, and carrier, nor shall proposer(s) allow any subcontractor to
commence any work until all similar insurance required of the subcontractor has
been obtained and approved.
Neither the failure of proposer(s)
coverage, nor the failure of City to
provisions of this contract.
The Contractor agrees to:
to supply specified insurance policies and
approve same shall alter or invalidate the
A. Obtain insurance coverage of the types and amount required in this section
and keep such insurance coverage in force throughout the life of this contract.
All policies will contain an endorsement providing that written notice be given
to the City at least ten (10) calendar days prior to termination, cancellation, or
reduction in coverage in any policy.
B. The Comprehensive General Liability Insurance and Comprehensive
Automobile Liability Insurance policies will include the City as an additional
insured with respect to liability arising out of the performance of this contract.
The Contractor agrees that the insurance hereunder will be primary and that
any insurance carried by the City will be excess and not contributing.
C. Provide and maintain minimum insurance limits as applicable.
Contractor will present to the City written evidence (Certifications of Insurance) of
compliance with Items A., B. and C. above. Said evidence shall be to the City of
Costa Mesa's Risk Management's satisfaction.
WORKERS'S COMPENSATION INSURANCE: Proposer(s) shall obtain and
maintain during the life of this contract workers' compensation insurance and, if any
work is sublet, proposer(s) shall require all subcontractors to obtain workers'
compensation insurance.
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All workers' compensation insurance policies shall provide that the insurance may
not be cancelled without thirty (30) days advance written notice of such cancellation
to City.
Proposer(s) is aware of the. provision of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for Workman's Compensation
or undertake self-insurance in accordance with the provisions of that Code, and will
comply, with such provisions before commencing the performance of the work of this
contract.
LIABILITY INSURANCE COVERAGE: Proposer(s) shall obtain and maintain during
the life of this contract the following insurance coverage:
Commercial General Liability, including coverage for premises -operations,
products/completed operations hazard, blanket contractual, broad form property
damage, and independent contractors, personal injury. Automobile liability,
including owned, hired, and non -owned vehicles.
The above insurance coverage's shall have limits of not less than one million dollars
($1,000,000.00) combined single limit, per occurrence and aggregate.
Endorsements to the policies providing the above insurance shall be obtained by
proposer(s) adding the following three provisions:
Additional insureds: (For Commercial General Liability only)
"The City of Costa Mesa and its elected and appointed boards, officers, agents,
and employees are additional insureds with respect to the subject project and
agreement:"
Notice:
"Said policy shall not terminate, nor shall it be cancelled nor the coverage
reduced, until thirty (30) days after written notice is given to City."
Other Insurance:
"Any other insurance maintained by the City of Costa Mesa shall be excess and
not contributing with the insurance provided by this policy."
All insurance carriers utilized by the proposer(s) or any subcontractor under this
contract shall be approved by the California Department of Insurance to transact
business in the State of California. The types of services provided under this
contract may further require proposer's insurance carrier(s) to be admitted insurers
in the State of California.
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CONDITIONS. The following standard conditions are always applicable, and the following work order conditions are also applicable when this order provides for performance of any work.
STANDARD CONDITIONS
Law: This contract is governed by the laws of the State of California. The
provisions of the Uniform Commercial Code shall apply except as otherwise set
forth in this contract.
2. Contract: This order, when accepted by SELLER either in writing or by the
shipment of any article or other commencement of performance hereunder,
constitutes the entire contract between SELLER and the CITY, no exceptions,
alternates, substitutes or revisions are valid or binding on the CITY unless
authorized by the CITY in writing. The SELLER acknowledges that he has read
and agrees to all terms and conditions of this contract/purchase order. The only
terms and conditions that will be applicable to the interpretation of this contract
are those issued by the City of Costa Mesa.
3. Taxes: Unless otherwise provided herein or by law, price quoted does not include
California State sales or use tax. The City is exempt from Federal excise tax.
4. Delivery: Time of delivery is the essence of this contract. The CITY reserves the
right to refuse any goods and to cancel all or any part of the goods not delivered
by the due date and/or not conforming to applicable specifications, drawings,
samples or descriptions. Acceptance of any part of the order shall not bind CITY
to accept future shipments, nor deprive it the right to return goods already
accepted, at SELLER'S expense. Overshipments and undershipments shall be
only as agreed to by CITY.
5. Risk of Loss: Delivery shall not be deemed to be complete until goods have
been actually received and accepted by CITY. Payment shall be made after
satisfactory acceptance of shipments by the CITY.
Warranty: SELLER expressly warrants that the goods covered by this order are
of merchantable quality, satisfactory and safe for consumer use, and are fit for the
particular purpose as set forth in the CITY'S specification. Acceptance of this
order shall constitute an agreement upon SELLER'S part to indemnify and hold
harmless from liability, loss, damage and expense, including reasonable attorney
fees, incurred or sustained by CITY, its officers, employees and agents, by reason
of the failure of the goods to conform to such warranties, faulty work performance,
negligent or unlawful acts, and noncompliance with any applicable local, State or
Federal codes, ordinances, orders, or statutes, including the Occupational Safety
and Health Act (OSHA) and the California Industrial Safety Act. Such remedies
shall be in addition to any other remedies provided by law. Inspection by the City
of Costa Mesa or its agents or employees and acceptance of the articles,
materials and work covered by this contract shall not constitute release or waiver
of the City of Costa Mesa's rights by reason of failure of Contractor to comply with
any of the warranties contained herein. Warranties herein expressed or implied
shall be construed as consistent with each other and as cumulative and, where in
conflict, the specifications of the City of Costa Mesa shall be paramount.
Infringement: SELLER shall indemnity and defend CITY, at SELLER'S expense,
against all claims, demands, suits, liability and expense on account of alleged
infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of
any article or material furnished hereunder.
8. Assignment: Neither this order nor any claim against CITY arising directly or
indirectly out of or in connection with this order shall be assignable by SELLER or
by operation or law, nor shall SELLER subcontract any obligations hereunder,
without CITY'S prior written consent.
Default: If SELLER or any subcontractor breaches any provision hereof, or
becomes insolvent, enters bankruptcy, receivership or other like proceeding
(voluntarily or involuntarily) or makes assignment for the benefit or creditors. CITY
shall have the right, in addition to any other rights it may have hereunder or by law,
to terminate this order by giving SELLER written notice whereupon (a) CITY shall
be relieved of all further obligation hereunder, except to pay the reasonable value
of SELLER'S prior performance, but not more than the contracted price, and
(b) CITY may procure the articles or services from other sources and may deduct
from unpaid balance due the vendor or may collect against the bond or surety, or
may invoice the vendor for excess cost so paid. The price paid by CITY shall be
considered prevailing market price at the time such purchase is made.
10. Labor Disputes: Whenever any actual or potential labor dispute delays or
threatens to delay the timely performance of this order, SELLER shall immediately
give written notice thereof to CITY.
11. Nondiscrimination: In the performance of the terms of any contract resulting from
this order, SELLER agrees that they will not engage nor permit such
subcontractors, where applicable as he may employ, from engaging in
discrimination in employment of persons because of the race, color, sex, national
origin or ancestry, disability or religion of such person.
12. Termination: The CITY reserves the right to terminate this contract without
penalty and without cause after 30 days' written notice unless otherwise specked.
WORK ORDER CONDITIONS
Performance: SELLER shall perform all work diligently, carefully, and in a good
15. Insurance: SELLER shall maintain in full force during the term of this contract the
and workmanlike manner; shall furnish all labor, supervision, machinery,
following insurances, in a form and with companies as approved by the CITY, with
equipment, materials and supplies necessary therefor; shall obtain and maintain
limits not less than those specked: (a) Worker's Compensation and Employer's
all building and other permits and licenses required by public authorities in
Liability complying with any statutory requirements; (b) Commercial General
connection with performance of the work; and, if permitted to subcontract, shall be
Liability insurance including broad form property damage, products/completed
fully responsible for all work performed by subcontractors. SELLER shall conduct
operations and contractual liability coverage, with a $1,000,000 combined single
all operations in SELLER'S own name and as independent contractor, and not in
limit each occurrence; Endorsements to the Commercial General Liability
the name of, or as an agent for CITY.
insurance shall be obtained by contractor, adding the following three provisions;
(1) Additional insureds: "The City of Costa Mesa and its elected and appointed
Indemnification: The Contractor hereby agrees to defend at his own cost and to
boards, officers, agents, and employees are additional insureds with respect to the
indemnify and hold harmless the City of Costa Mesa, its officers, agents and
subject project and agreement." (2) Notice: "Said policy shall not terminate, nor
employees, from and against any and all liability, damages, costs, losses, claims
shall it be cancelled nor the coverage reduced, until thirty (30) days after written
and expenses, howsoever caused, resulting directly or indirectly from or
notice is given to City." (3) Other insurance: "Any other insurance maintained by
connected with the performance of the contract (including but not limited to such
the City of Costa Mesa shall be excess and not contributing with the insurance
liability, costs, damage, loss, claim, or expense arising from the death or injury to
provided by this policy." (c) Comprehensive Auto Liability (including the owned,
an agent or employee of the Contractor, subcontractor, or the City of Costa Mesa
nonowned and hired automobile hazards) with $1,000,000 combined single limit
or loss of, damage to, or destruction of the property of Contractor, subcontractor,
each occurrence. If the CITY so desires, these limits may be increased or
or of the City of Costa Mesa, or of any agent or employee of the Contractor,
decreased.
subcontractor, or of the City of Costa Mesa), except where such liability,
damages, costs, losses, claims or expenses are caused solely by the negligent or
wrongful acts of the City of Costa Mesa or any of its agents or employees other
than negligent omission or commissions of the City of Costa Mesa, its agents or
employees, in connection with the general supervision or direction of the work to
be performed hereunder. The Contractor, in addition to the foregoing, specifically
shall indemnify and save harmless the City of Costa Mesa, any and all of the City
of Costa Mesa's officers, agents, and employees, from any liability by reason of
California safe place statutes or similar provisions pertaining to the workplace or
safety of materials or equipment supplied by the City of Costa Mesa or others at
16. Bills and Liens: SELLER shall pay promptly all indebtedness for labor, materials
and equipment used in performance of the work. SELLER shall not permit any lien
or charge to attach to the work or the premises, but if any does so attach, SELLER
shall promptly procure its release and indemnify CITY against all damages and
expense incident thereto.
17. Bonds: If the CITY so desires. SELLER shall provide payment and performance
bonds as required.
the direction of the City of Costa Mesa and used in the performance of the work 18. Changes: SELLER shall make no change in the work or perform any additional
hereunder. work without the CITY'S specific written approval.
MISCELLANEOUS CONDITIONS
19. All plants and materials must be free of pests and disease. If any are found, the 20. Vendor is required to provide a completed MSDS (Material Safety Data Sheet) for
material will be rejected and refused. Vendor will pick up at no cost to the CITY. hazardous substances as required by Labor Code Sections 6390; General
Industrial Safety Order, Section 5194; and Title 8, California Admins. Code. MSDS
sheet for each specified item shall be sent to place of shipment, and a copy sent to
the Purchasing Division,
DEFINITION
Whenever used herein, "CITY" shall mean, City of Costa Mesa, a political subdivision of the State of California.
(5146-22)
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EXHIBIT A
City of Costa Mesa
MUNICIPAL HVAC
FACILITIES LOCATIONS
26
HVAC SYSTEMS TO BE MAINTAINED AT THESE LOCATIONS
BUILDING/FACILITY
ADDRESS
SQUARE
FOOTAGE
City Hall
77 Fair Drive
73,341
Police Facility
99 Fair Drive
50,646
27 j5-
EXHIBIT B
City of Costa Mesa
BID PRICING SHEET
28 1(
BUILDING HVAC MAINTENANCE BID PRICING
29 11
MONTHLY
TOTAL
ANNUAL
BUILDING
ADDRESS
LABOR
MONTHLY
COST
HOURS
COST
City Hall
77 Fair Drive
$
$
Police Facility
99 Fair Drive
$
$
29 11
BUILDING HVAC SUPPLEMENTAL SERVICES BID PRICING
30 19
MONTHLY
TOTAL
ANNUAL
BUILDING
ADDRESS
LABOR
MONTHLY
COST
HOURS
COST
City Hall
77 Fair Drive
$
$
Police Facility
99 Fair Drive
$
$
30 19
ATTACHMENT #3
May 18, 2012
City of Costa Mesa
City Clerk's Office
77 Fair Drive
Costa Mesa, CA 92628-1200
Re: Request for Proposal for Municipal Facility HVAC Maintenance at City Hall at 77 Fair
Drive & Police Department at 99 Fair Drive, Proposal No. 1147
Dear City Clerk:
The Siemens Industry, Inc., Building Technologies Division represents the well-qualified firm
you seek to provide the comprehensive heating -ventilation -air conditioning (HVAC)
maintenance and repair program, as well as the maintenance and service to the building control's
system, Siemens ApogeeTM automation, for the City Hall and Police Department for the City of
Costa Mesa. The work will include the provision of a total maintenance/management program
including, but not limited to the inspection, preventive maintenance, repair, and other tasks and
services necessary to insure safe, well maintained HVAC systems providing quality air for City
employees and the public at these facilities. This response to the above referenced RFP
substantiates our company's capabilities to continue to deliver this outstanding service to the
City of Costa Mesa.
Siemens has proudly served the City since April 1991. We wish to continue to provide the City
with the following services we have provided for decades.
• Building Control through Automation
• HVAC Maintenance Services
• HVAC Products
• Energy Services
Not all preventative maintenance is the same. Over the_ years of service, Siemens has provided
fall service coverage of both the mechanical and automation equipment. The City is referring to
this as "supplemental coverage" in this RFP. As part of this type of exemplary service, we
believe we have extended the Iife of the equipment - a large portion of the City's costly
infrastructure — and saved the City thousands of dollars.
With the best interest of the City in mind, we encourage the City to seek the services of a
contractor who will continue full coverage service to this valuable facilities investment. Settling
for only the minimum service (not fall coverage) will accelerate the life cycle of the equipment,
hasten its end of useful life, reduce the energy efficiency of the buildings and avoid the proactive
approach to maintenance that Siemens has provided to the city for over twenty years — costing
the City money and time.
10775 Business Center Drive, Cypress, CA 90630 11
In this proposal, there are added services which, in the recent past, the City had discussed with
a Siemens as being beneficial and meaningful to the City. These added services are included
proposal and, where applicable, are indicated with Supplemental Coverage and differentiated
from Non -Supplemental Coverage. Where no difference is noted, the service is included in both
prices.
Additionally, Siemens has developed processes and procedures to assist the City. We have
stream -lined service and communications with City staff. We understand the nuances of the City
and its operations. This has worked to our respective benefit. In short, we make it easy for the
City to do business with Siemens.
Siemens resources are the hallmark of our service capabilities. We employ 2,000 automation
and mechanical specialists, 200 Service Engineers and 125 Energy Engineers, all of whom
provide on-going service from over 100 locations in the U.S. Siemens Remote Operation
Services Center serves our customers 240 with online and onsite support. Our response time to
the City can be as short as 2 hours, in the event of an emergency. Additionally, we are quick to
troubleshoot any problems the City has, as we are expertly familiar with the equipment after so
many years of service.
Our Energy and Environmental Solutions have saved the City close to $2 million in documented
energy savings from 1991— 2011. Siemens has helped more than 500 customers realize more
than $2 Billion in energy and operations savings over the past 10 years. Like the City, 26% of
those customers have been governmental entities.
Customer satisfaction is our #1 priority, evident in our most recent award, the "MarketTools
CustomerSatTM Ace Award for Achievement in Customer Excellence, for the second straight
year. We have led the competition in customer satisfaction since 2005. This is due in part to the
broad spectrum of services we provide.
Siemens has been in the vanguard of integrating core infrastructure systems: HVAC, fire safety,
security, lighting and more are managed via a single workstation. By providing an open
platform, Siemens offers break -through non-proprietary facility performance and efficiency.
Siemens is leading the industry in technology, evident in the following facts:
• Currently, Siemens in the U.S. spends $3 million dollars DAILY in research and
development..
• Holds 8,600 U.S. Patents
• Siemens created the world's first electric street lighting and formed the Osram Lightbulb
Co., now Sylvania.
• Siemens invented the first commercially successful temperature control device.
• We offered the first wireless network for automated building controls in the industry.
Siemens technological impact on America is profound. Some of our contributions include:
• Building performance solutions for more than 20,000 locations in the U.S.
• Power generating systems that produce more than 1/3 of the nation's electricity.
10775 Business Center Drive, Cypress, CA 90630
M
• One of the largest suppliers of energy management control systems for the U.S. power
v... grid.
• The leading supplier of automation controls and material handling systems.
• Siemens subsidiary Sylvania produces 3.3 million energy saving lamps in the US every
day.
• #1 on the Dow Jones Sustainability Index
Siemens proposed services will be managed from our North Orange County branch located at
10775 Business Center Drive, Cypress, CA 90630, 714-761-2200. The proposal price contained
in the following proposal will be valid for a period of 180 days.
We respectfully present this proposal for continuing our service and look forward to serving the
City for years to come
Sincer. ly,
Kim Crawford
Business Development Executive
10775 Business Center Drive, Cypress, CA 90630
51
Table of Contents
1 Background and Project Summary Section
1.1 Customer Objectives
1.2 Current Situation
1.3 Siemens Capabilities
2 Methodology
2.1 Technical Support Implementation Plan
2.1.1 HVAC CONTROL SERVICES — Automation
2.1.2BAS Equipment Tasking
2.1.3 HVAC SERVICES — Facility Equipment
2.1.4 Equipment Tasking
2.1.5HVAC SERVICES — Pneumatic
2.1.6 HVAC SERVICES — Water Treatment
2.1.7 Electrical SERVICES — Infrared Service
2.2 ENERGY SERVICES
2.2.1 Energy Optimization Services
2.3 Customer Support Services
2.3.1 Emergency Response
23.2Customer Directed Support
2.3.3 Operator Coaching
w 2.3.4 Educational Services — Delivered at Siemens Local Office
23.5Account Management
2.3.6 Collaboration with the City
2.3.6.1 Former City Employees
2.3.6.2 Past or current business or personal relationships
3 Staffing
4 Qualifications
5 Fee Proposal — Building HVAC Supplemental Services Bid Pricing
Appendix A. Discounted Labor & Material Pricing
Appendix B. Maintenance Schedule for Automation and Mechanical Equipment
Appendix C. Building Automation System Equipment due for upgrades
Appendix D. Automation System Tasking
Appendix E. Mechanical Equipment Tasking
Appendix F. Siemens Training Directory
Appendix G. Siemens Customer Voice
Appendix H. Customer Report Card
Appendix I. Maintained Equipment Table and Site Locations
Appendix J. RFP Exhibit B. BUILDING HVAC MAINTENANCE BID PRICING
Appendix K. RFP Addendum #1
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1 Background and Project Summary Section
1.1 Customer Objectives
The City strives to support its thriving business community and resident's needs through
administrative functions carried out in a number of municipally -run facilities. The comfort and
efficient operation of these facilities must be assured. This response to RFP #1147 will
proactively serve to protect that substantial investment through a program of planned service
tasks by our trained technical staff.
■ The City seeks the automation and mechanical service expertise, familiarity with the
City's existing equipment complement and warranty assurances Siemens Industry, Inc.
(Siemens) can provide.
■ As a Siemens service contract customer, the City would benefit from a discount in labor
rates, which other non -contract customers do not receive. Siemens rate sheet is
referenced in Appendix A and clearly indicates the discount afforded to contract
customers.
Our objective is to facilitate the long-term success of the City by leveraging the combined
power and capabilities of the entire Siemens Corporation. Our ability to provide abundant
capabilities as a combined package sets us apart from other corporations. Our experience with
energy strategy and management study and implementation in all sectors of the market, as
well as our large integrated project experience, provides us with a solid foundation for
delivering turnkey solutions and guaranteed results.
Siemens shall continue to retain professional personnel who have successfully and competently
provided municipal facility HVAC maintenance and repair services on projects of similar scope
and complexity. Siemens staff will make regular on-site visits, using the appropriate tools and
vehicles necessary to support all facility HVAC maintenance functions during normal working
hours (see Appendix A for normal working hours). Siemens is also available 2417 to meet the
emergency needs of the City, should that be necessary (see Emergency Services below). The
City has indicated that it has been more than satisfied with Siemens personnel and availability
and there are no plans to change personnel to date. -
Siemens will be responsible for developing, implementing and executing a routine
maintenance program to satisfactorily maintain all aspects of HVAC systems in municipal
facilities. This routine preventative HVAC maintenance schedule can be found in Appendix B,
and will include inspection and proactive servicing of the HVAC systems so as to facilitate
minimal downtime heating and cooling, as necessary.
Siemens takes pride in providing our services in accordance with the highest standards of the
industry, skill, workmanship, applicable trade practices, meeting warranties and conforming to
all laws, codes and regulations, including Federal, State, CARB, AQMD, OSHA and other relevant
regulatory requirements. Siemens presently holds both C-10 and C-20 State of California
licenses.
Siemens Industry, Inc. 5/16/2012 Page 2
53
At the request of the City, Siemens will repair or replace failed or worn moving parts, such as
bearings, motor rotors, motor starters, seals, gears, burners, actuators, controls and switches.
Prior to beginning any repair or replacement, Siemens will troubleshoot the system to diagnose
v " the system's problem. The. City will not incur any extra charge for this diagnostic time. Non-
moving parts, such as boiler tubes, shells, refrigerant/water tubes, non -manufactured or
produced products, environmentally hazardous materials and/or refractory replacement are
excluded from this additional coverage.
1.2 Current Situation
With constrained manpower and financial resources, the City will increasingly rely upon
Siemens' Building Automation System (BAS) to control and operate some of the facility's
expensive capital -intensive equipment. Coupled with the mechanical service and maintenance
of this equipment, the City desires to maintain the comfort of its staff and visitors that frequent
the facilities, as well as extend the life of the building's equipment through preventative and
predictive maintenance.
Additionally, the City has equipment scheduled for retirement coming close to the end of its
useful life. Siemens will work with City representatives to plan an upgrade for this equipment
to the latest versions in a phased and logical approach. A table depicting this equipment is
referenced in Appendix C
1.3 Siemens Capabilities
Siemens Industry, Inc. is the leading single -source provider of cost-effective facility
? performance solutions for the comfort, life safety, security, energy efficiency and operation of
some of the most technically advanced buildings in the world. Siemens is pleased to offer this
proposal for technical support services to the City.
Company History
For over 150 years, Siemens has been a technology powerhouse in the area of electrical
engineering and electronics. The factors driving success at the history -making company include
innovative prowess, a .clear portfolio policy, long-range financial planning, an international
setup and strong employee orientation.
Formed in 1847, the company Telegraphenbauanstalt von Siemens & Halske grew within the
space of a few decades from a small precision -engineering workshop into one of the world's
largest companies in electrical engineering and electronics inventing:
• the first electric railway
• the first electric streetlights in Berlin
• the first electric elevator
• the electric streetcar
Today Siemens AG is a global corporation employing roughly 460,000 people in 195 countries
world-wide, the 6th largest employer on Earth. Named by Fortune Magazine as the third most
admired company in the electronics industry, Siemens holds 8,600 U.S. patents and 45,000
Siemens Industry, Inc. 5/16/2012 Page 3
globally. Siemens produces 30 new inventions each business day, offering countless solutions
for numerous industries, including energy services, transportation, manufacturing and
processing, and healthcare, and offers a wide variety of government solutions.
Siemens expertise lies as both a Building Technology and Energy Company. Our focus is
designed around entire building systems, providing our clients with the most cost effective and
developmentally sound program. Siemens sees each client as unique; each project is not one
size fits all. Nearby, Siemens has several contracted municipal partners in the Los
AngelesNenture/Orange County Area and hundreds of other public and private/commercial
customers.
2 Methodology
2.1 Technical Support Implementation Plan
2.1.1 HVAC CONTROL SERVICES — Automation
Preventive Maintenance
We will provide preventive maintenance on the Siemens Building Automation System (BAS) in
accordance with a program of routines as determined by our experience, equipment
application and location. The list of field panels and/or devices, included under this service, is
~� identified in the List of Maintained Equipment in this proposal.
Automation controls can drift out of calibration with changes in HVAC component performance
characteristics, building use, and climatic conditions. This service will extend equipment life,
reduce energy consumption, and reduce the risk of costly and disruptive breakdowns.
The following services are provided as part of preventive maintenance:
• Network Maintenance
Using Siemens Network Performance Diagnostic Technologies, our proactive calibration and
tuning of the data network analyzes variables impacting network performance, including node
tables, token passes, turn speed, change of values over the network, unresolved points, and
overall operation. This will increase data network up -time and allow for faster problem
resolution.
• Data Protection & Data Recovery Services
Siemens will perform scheduled database back-ups of your workstation database & graphics
and / or field panel databases and provide safe storage of this critical business information.
Should a catastrophic event occur, we will respond onsite (or online if such service is included
in this service agreement) to reload the databases and system files from our stored backup
copy, to restore your operation as soon as possible. The equipment to be included as part of
this service, is itemized in the List of Maintained Equipment in this proposal.
Siemens Industry, Inc. 5/16/2012
Page 4
• Software Maintenance
Siemens will address any programming errors, failed points, points in alarm, unresolved points
or points in operator priority, both at the front end workstation and at the field panel. We will
perform this service using onsite visits and ! or remote services (if applicable).
• Software Support and Updates
Siemens'will provide the City with software updates to your existing Siemens software as they
become available (approximately annually). Included is onsite training to familiarize you with
the new features and their associated benefits. These updates deliver the benefits of Siemens
Industry, Inc. commitment to compatibility by design, a commitment unique in our industry.
Workstations covered under this service include one server and one client. (Upgrades to PC's
and related workstation hardware are excluded unless specified elsewhere.)
Onsite training for relevant personnel will take place during normal preventive maintenance
visits onsite.
2.1.2 BAS Equipment Tasking
Due to space constraints, tasking is referenced in Appendix D.
2.1.3 HVAC SERVICES — Facility Equipment
Siemens will perform the specific services on the equipment at -the facilities as outlined in RFP
#1147 including the following:
• Annual Maintenance
• HVAC Air Filter Changing Service
• Air Cooled Condenser Coil Cleaning
• Evaporator Coil Cleaning
• Refrigerant Oil Analysis
• Cooling Tower Drain & Refill
• Operating Inspection
• Operating Inspection — Heating
• Operating Inspection — Cooling
2.1.4 Equipment Tasking
As referenced by the City in RFP #1147 beginning on page 10, the equipment tasking will be
strictly followed by Siemens for each equipment type at the intervals planned. These tasks are
Siemens Industry, Inc. 5/16/2012 Page 5
IT
listed in the Appendix E and are designed to place the equipment into prime operating
condition so that the equipment will operate effectively, reliably, and efficiently.
2.1.5 HVAC SERVICES — Pneumatic
Preventive Maintenance
Pneumatic air compressor can change in response to mechanical component performance,
building use, and climatic conditions. Siemens will provide quarterly preventative maintenance
in accordance with a program of standards as determined by our experience, equipment
application and location.
2.1.6 HVAC SERVICES — Water Treatment
Water Treatment Services
Industrial water treatment seeks to manage four main problem areas: scaling, corrosion,
microbiological activity and disposal of residual wastewater. Water treatment services will
extend equipment life, provide operational efficiency, minimized downtime and control water
born disease such as Legionnaires. Siemens will perform industrial water treatment service for
both hot water and chilled water loops at the Costa Mesa City Hall and Police Department
Facilities. This service will be completed monthly.
2.1.7 Electrical SERVICES — Infrared Service
Infrared Electric Panel Inspection
The infrared inspection is an important form of non-destructive testing that has become an
indispensable predictive maintenance tool for electrical service panels. Performed with a
portable infrared imaging system, this equipment detects infrared energy (heat) emitted from
an object and displays it as a dynamic thermal image. Using the IEEE/ANSI Standard, this
inspection aids in -the evaluation of component temperatures. Siemens will perform a biennial
Infrared scan of main electrical panels at City Hall and the Police Department. A detailed report
will be given upon completion of onsite scan.
2.2 ENERGY SERVICES
2.2.1 Energy Optimization Services
Benchmark Analysis
Siemens will meet the requirements of the City, as referenced. This will include:
• Benchmark Analysis
• LEED Impact Assessment
• Energy Budgets and Forecasts
• Technology and Energy Audit
The City's satisfaction with Siemens Energy Services is an important component of this
proposal. To achieve this satisfaction, Siemens will implement a program of comprehensive
services applied to your entire building portfolio, or selected sites, as directed by the City. This
Siemens Industry, Inc. 5/16/2012 Page 6
5
program will work to improve business results with customized solutions based on the City's
goals and constraints. These goals might include:
• Reduced energy consumption
• Longer equipment life cycle
• Occupant Comfort
• Reduced service Calls
• Reduced labor costs
• Budget Management
The benefits of this program appear obvious, as the City can clearly gain from:
• Budget Management
• Accountability
• Energy Price Management
• Balanced Environmental Responsibility
• Risk Management
Siemens will begin to implement this program, upon award of this proposal, should the City
choose to do so, and after a kickoff meeting to determine the goals and objectives of the
energy services program. Facility Improvement Measures (FIMs) will be recommended to meet
these objectives. Some FIMs may be included in this proposal, ie., BAS scheduling. Some FIMs
may entail extra costs to the City, ie., conversion to DDC controls, in which case, the City may
decide whether or not to implement them based on financial criteria.
2.3 Customer Support Services
2.3.1 Emergency Response
Service to the City will include the ability to respond immediately to situations involving the
health and safety of employees and/or the public. Siemens will also respond in instances when
the comfort and operational capability of any public meeting space are in question. The first
course of action will always be swift and responsive with Siemens remote capabilities. By
contracting with Siemens, the City may contract our 24-hour customer service center and
remote access to the City's Apogee® workstation. Should troubleshooting and diagnosis
require an on-site visit, a specialist or technician, as needed, will be dispatched from our
conveniently located Orange County branch of operations.
Emergency Online/Phone Response: Monday through Sunday, 24 Hours per Day
System and software troubleshooting and diagnostics will be provided remotely to enable
faster response to emergency service requests and to reduce the costs and disruptions of
downtime. Siemens will respond within 2 hours, Monday through Sunday, 24 hours per day,
including Holidays, upon receiving notification of an emergency. Siemens will furnish and
install the necessary online service technology to enable us to remotely dial into your system,
through a dedicated telephone line that will be provided by the facility. Where remote access is
not available to the system, Siemens will provide phone support to your staff to assist in their
onsite troubleshooting and diagnosis. If remote diagnostics determine a site visit is required to
Siemens Industry, Inc. 5/16/2012 Page 7
resolve the problem, a technician can be dispatched. The on-site dispatch will be a billable
service call.
Supplemental Coverage: Siemens shall provide up to sixteen (16) hours of remote support
annually during the contract period (not to be carried over year-to-year). Remote support in
excess of 16 hours annually will be billable.
Non -supplemental Coverage: All remote support will be billable.
Emergency Onsite Response: Monday through Sunday, 24 Hours per Day - BILLABLE
Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime
when an unexpected problem does occur. Siemens will provide this service between scheduled
service calls and respond within 4 hours for critical emergencies, or within 24 hours for non-
emergency conditions, Monday through Sunday, 24 hours per day, including Holidays, upon
receiving notification of an emergency. Critical emergencies are failures at a system or panel
level that would result in the loss of the operation of an entire section of a building or place the
facility at high risk. Non -emergency conditions are failures at an individual component level
resulting in minimal impact to the overall operation of the facility. Non -emergency conditions
may be incorporated into the next scheduled service call, or sooner if personnel is available.
2.3.2 Customer Directed Support
With Customer Directed Support, Siemens will provide a trained and experienced automation
.. specialist who will work under your direction during normal business days and hours. The
intent of this service is to implement facility improvement measures recommended by Siemens
energy engineer, offer you labor assistance in completing a special project, or to meet a facility
objective. Specific job responsibilities, goals and other associated deliverables of this service
are at the discretion of the City.
Supplemental Coverage: Siemens shall provide up to three (3) days of customer directed
support annually to your facility.
Non -Supplemental Coverage: Siemens shall provide customer directed support which shall
be billable to the City.
2.3.3 Operator Coaching
Through our individual Operator Coaching, we will review and reinforce learned skills, leading
to greater operator knowledge and productivity. This service will insure your operator's gain
full utilization of the system implemented in your facility. During regularly scheduled
preventive maintenance visits, Siemens will assist your staff in identifying, verifying and
resolving problems found in executing daily tasks. During the coaching sessions, we can
address log book and system issues, assist your operators in becoming more self-sufficient, and
improve the skills of your operators to better meet the needs of your facility and their specific
job responsibilities.
Under this agreement, we shall provide operating coaching, which will be conducted on normal
business days and hours, during scheduled visits
Siemens Industry, Inc. 5/16/2012 Page 8
59
2.3.4 Educational Services —Delivered at Siemens Local Office
Only available through Supplemental Coverage: Through Educational Services, one (1)
member of your staff will attend one (1) four (4) day class during each year of the service
agreement to learn how to take advantage of the latest Siemens technologies available for
your HVAC control system.
This training will provide your staff with the knowledge they need to perform their jobs and
maintain the highest operating performance for your facility. This knowledge will enable your
staff to improve their skills in the use of your systems' features and capabilities. Training will be
provided at the local Siemens office, allowing the student to practice and demonstrate skills
required to operate building controls systems in a risk-free environment while away from work
pressures and interruptions.
Select staff will be responsible for scheduling their classes within each year of the service
agreement. In the event the staff person cannot attend a scheduled course, the City must
provide 45 days notice of cancellation. The price of classes not attended will be forfeited in
their respective year.
Details of the courses are included in Appendix F of this proposal. Scheduled dates for training
are updated annually and will be provided as they become available.
2.3.5 Account Management
Customer Voice
Siemens survey rating system, Customer Voice, is an opportunity to build the relationship the
City wants with the Siemens Building Technologies division. It allows you to best express your
needs and allows us to pinpoint where we need to improve, relative to our business
relationship, products or services. Appendix G features our brochure on this program.
Quality Assurance
To insure the satisfaction of internal and external stakeholders, Siemens utilizes a quality
assurance program for soliciting and documenting customer feedback. We assign a dedicated
account engineer (AE) who will facilitate on-going communication regarding your satisfaction
with our technicians, specialists and program service. The AE will be responsible for
coordinating monthly meetings with the City to discuss our performance and your satisfaction
with the quality of service that is being provided under your agreement. We will discuss the
performance of your systems, your facility, and make recommendations for improvement. We
can discuss recommendations for changes in the service program to better meet your changing
needs.
The AE will also garner your feedback through the implementation of a Customer Report Card.
Siemens will ensure that our delivered services are of the highest quality. The criteria for the
"Customer Report Card" are developed between your facility staff and Siemens, and will reflect
the goals and objectives of the scope -of this Service Agreement. A copy of the Customer Report
Card has been provided in Appendix H of this proposal.
Siemens Industry, Inc. 5/16/2012 Page 9
U0
2.3.6 Collaboration with the City
Siemens will implement a methodology for soliciting and documenting views of internal and
=# external stakeholders. To insure the success of the program, Siemens looks forward to
collaborating with the City in the following ways:
• Select City staff will be available for a monthly meeting prior to the submission of
invoices for payment to confirm the work performed and address other pertinent issues.
• It is the responsibility of relevant and select City staff to manage the day to day
operation of the mechanical and automation system.
• City staff shall have the knowledge to perform day to day operations relative to the
HVAC system.
• The City will be required to provide access to all areas affected by Siemens work at the
time of maintenance and repair.
2.3.6.1 Former City Employees
As previously referenced, Siemens is a global corporation, employing roughly 460,000 people
in 195 countries world-wide, and is the 6th largest employer on Earth. Siemens holds the
highest standards in hiring and recruitment, valuing its employees and the contribution they
make in keeping this company successful and growing. Siemens has a stringent policy and
process in hiring procedures. As part of our recruitment policy, we openly and actively recruit
all qualified personnel, including former employees of municipalities.
The City may submit a list of displaced or layoff individuals seeking employment. Siemens
would encourage potential candidates to search Siemens job requisitions at
http://www.bijildingtechnologies.siemens.com/bt/sp/en/iobs careers/Pages/iobs- careers.aspx
Our recruiters actively seek out all potential candidates, including those with relevant expertise
in mechanical and automation systems and knowledge of municipal operations. If the
individual(s) meet the qualifications, they could be selected from the applicant pool. The
individual's resume would be reviewed and, they could be selected for an interview with select
management and staff at Siemens. Hiring for full-time or part-time employment is at Siemens
discretion.
2.3.6.2 Past or current business or personal relationships
Siemens has been serving the City of Costa Mesa with the highest level of professionalism since
1991. Through this long professional relationship, Siemens personnel have worked closely
with select and relevant employees of the City.
Siemens Industry, Inc. 5/16/2012 Page 10
W
3 Staffing
An important benefit of your Service Agreement derives from having the trained service
personnel of Siemens Industry, Inc. familiar with your building systems. Our implementation
team of local experts provides thorough, reliable service and scheduling for the support of your
system. The following list outlines the service team that will be assigned to the service
agreement for your facility.
Kimberley Crawford, Sales Account Representative manages the overall strategic service
plan based upon your current and future service requirements. Ms. Crawford has served
Siemens customers since 2008.
Nick Thomas, Service Account Engineer is responsible for ensuring that our contractual
obligations are delivered, your expectations are being met and you are satisfied with the
delivery of our services. Mr. Thomas has served Siemens customers since 2007.
Dave Garza, Primary Service Specialist is responsible for performing the ongoing service of
your automation system. Mr. Garza has served Siemens customers since 1986.
Matt Hansen, Primary Service Mechanic is responsible for performing the ongoing service of
your mechanical system. Mr. Hansen has served Siemens customers since 2004.
Wes Goulding, Service Mechanic who will be familiarized with your building systems to
provide in-depth backup coverage. Mr. Goulding has served Siemens customers since 1992.
Vishal Gupta, Service Operations Manager is responsible for managing the delivery of your
entire support program and service requirements. Mr. Gupta has served Siemens customers
since 1996.
Connie Hernandez and Maria Ignacio, Service Coordinators are responsible for scheduling
your planned maintenance visits, and handling your emergency situations by taking the
appropriate action. Ms. Hernandez and Ms. Ignacio have served Siemens customers since 2006
and 2005, respectively.
Our mechanical technicians work in tandem with the automation specialists to finely tune and
schedule the components of the HVAC system. They are certified and proficient in the
complete maintenance and repair of Turbocore Chiller systems, air handlers, pneumatic
systems and the variety of package HVAC units owned by the City. All personnel assigned to
work under the contract, should Siemens be awarded, will continue to qualify for security,
warrant and record checks through the City's Police Department, the County of Orange and the
Department of Justice, respectively.
We continue to feature mechanical support in the form of journey -level workers who possess a
proficiency in the following trades:
Siemens Industry, Inc. 5/16/2012 Page 11
• All mechanical, electronic and pneumatic aspects of chilled water systems
• Turbocore chiller systems
• ADD drives
• Air handling systems
• The interface and control of existing Siemens proprietary systems
Our automation service specialists are factory trained to provide monthly coaching to the City
staffed operator of the system. He is also trained on the latest revision of the Apogee® hard
and software, as well as the interface and control of existing Siemens systems.
Resumes for Key Mechanical personnel are as follows:
Siemens Industry, Inc. 5/16/2012
Page 12
t3
Matthew Hanson
_ Siemens Industry Inc.
Cypress, California
2004 — Present
Journeyman
• Perform service and troubleshooting on centrifugal and screw chiller
• Rebuild open drive and semi -hermetic reciprocating compressors
• Troubleshoot and install variable frequency drives
• Setup and calibrate pneumatic controls
• Install and service HVAC systems including large built-up systems 50-200 tons
• Performed large DX piping projects, cooling towers projects, chillers projects
• Service boilers and related controls
Previous Firm(s) Experience
Southern California
1998 —2004
Central Plant Engineer
• Perform service and troubleshooting on Carrier 19DK centrifugal chillers
• Monitor and service high pressure steam boilers and central chiller plant
` • Setup and calibrate pneumatic controls
• Troubleshoot electrical control systems
• Rebuild pumps and motors
Certificates and Training
Air Conditioning and Refrigeration Joint Journeyman
Apprenticeship Training Center, Local 250, Los Angeles, Ca
• JJATC Instructor Core 1 Journeyman Class
• UA STAR HVACR Mastery Certification # 12134300
• EPA Universal Certification — JJATC Local 250
• ABB Drive Certified
• Trane Scroll Chiller Training
• Danfoss Turbor Certified
• McQuay Chiller Training
• OSHA NFPA 70E Electrical Safety Certified
Siemens Industry, Inc. 5/16/2012
Page 13
�J
Wes Goulding
Siemens Industry Inc.
Cypress, California
1992 — Present
Certified Foreman
Install and service HVAC systems including large built up systems 50 - 200
tons, package chillers, Centrifugal service and tear down 200-1500 tons.
Rebuild open drive reciprocating compressors and semi hermetic compressors.
Perform electrical and mechanical analysis on A/C and low and medium temp
refrigeration systems.
CPU micro processing analysis and programming.
Setup and calibrate pneumatic controls.
Perform all electrical troubleshooting.
Service boilers and related controls.
Interface with customers and offer solutions and upgrade options.
Conduct surveys and estimates.
Previous Firm(s) Experience
Southern California
1978-1992
Service Mechanic
Perform electrical and mechanical analysis on A/C and low and medium temp
refrigeration systems
Scheduled work and equipment. Coordinated with contractors and project
managers.
Installed, overhaul and serviced 10 -100 HP Van Axial Joy fans.
Installed and serviced piping for refrigeration systems, small split to large built
up systems and cooling tower (condenser water) systems.
Serviced walk-in boxes, freezer applications and medium temp applications.
Installed DDC building management controls.
Certificates and Training
Air Conditioning and Refrigeration Joint Journeyman
Apprenticeship Training Center, LOCAL 250, Los Angeles, California
➢ Graduated 1St in class
EPA Certified - JJATC Local 250, Los Angeles, CA
Entec Chiller Certifications Trane, Carrier, York, Turbocor
Manufacturer's Certificates:
Pneumatic Temperature Control
Reciprocal Compressors, Trane Tracer DDC certified
Siemens Industry, Inc. 5/16/2012
Page 14
4!
David Garza.
Automation Service Specialist
Siemens Specialist Training Path
COR 102
HVAC Control Concepts
NET1010211
HVAC/ATC Control Strategies
NET1010212
HVAC and DDC Control Strategies
OTHR000111
HVAC and ATC Design
SPC 101
Be ' Specialist Task Training
SPC 200
ui ment Controllers - Design and Start-up
SPC 201
DDC Start-up
SPC 202
Service Methodologies
SPC 203
Service Methodologies - Advanced
SPC 204
Service Methodologies - Advanced
SPC 300
Equi ment Controllers
NET3030531
DDC Start-up and Service
NET3040201
DDC Design and Start-up
NE13030511
Stand-alone Design and Start-up
NET3030521
DDC Design and Pro
ADOP030000
Modular Building Control
NET3030614
TEC Design and Start-up
ADOP030614
TCU Desij2 and Start-up
INS 303
InsigAt for APOGEE
APG 200
APOGEE Training
NET3030513
Insight at Design and Start-up
APG 000100
APOGEE BETA Training
BSC 401
Advanced NT 4.0 Operating Systems
BSC 403
Windows NT Networking Essentials
BSC 404
APOGEE NT, Networking Troubleshooting
BSC 406
Networking and OS for Ethernet ALNs
BSC 407
Ethernet Networking and MLN Operating Sys Confi
2 3-MCSE
MCSE CERTIFICATION
PGM 202
PPCL Programming for Building Automation
PGM 201
PPCL Pro2 -
INS 404
Advanced APOGEE Troubleshootin
Siemens Industry, Inc. 5/16/2012 Page 15
4 Qualifications
Siemens meets all the requirements set forth in this RFP. We have highlighted some of the
criteria below.
i. Siemens presently provides services to the following Ventura/Los Angeles/Orange
County municipal customers. The staff listed in the staffing section have participated in
the management and service of all those listed below.
City of Burbank
City of Camarillo
City of Carson
Culver City
City of EI Segundo
City of Long Beach
City of Los Angeles
City of Oxnard
City of Pomona
City of Riverside
City of Santa Ana
City of Santa Monica
City of Thousand Oaks
City of Upland
Per the City's request, Siemens is proud to present the following references and project
descriptions to demonstrate our competence to perform the services required herein:
Client Name
Project
Project
Client Name
Phone
Email Address
Description
Dates
Number
City of
Automation,
2008-
Tim Coates
805-469-
tcoates@toaks.orq
Thousand Oaks
Mechanical,
present
3122
Fire
City of Pomona
Automation
2001 -
Mark Gluba
909-620-
mark gluba@ci.Domona.ca.us
resent
2448
City of
Automation,
2004-
John Thomas
805-383-
ithomas@ci.camarillo.ca.us
Camarillo
Mechanical
present
5667
City of Costa
Automation,
2001 -
John Aguilar
714-327-
jaguilar@ci.costa-mesa.cams
Mesa
Mechanical
present
7483
VA Medical
Automation,
2007-
Phil Neff
714-227-
Unavailable
Center, West LA
Mechanical,
present
1588
Fire
i. Siemens holds current C-10 and C20 licenses. Documentation available upon request.
ii. Siemens is the 61" largest employer in the world. Close to 70,000 Americans work for
Siemens. The North Orange County Building Automation Unit Office employs close to
200 people and we far surpass the RFPs requirement to employ at least 10 full-time
journeymen -level mechanical personnel and factory -trained automation specialists.
iii. Siemens is the only company who can update software revisions as they become
available.
Siemens Industry, Inc.
5/16/2012
Page 16
4,
ITA
Siemens owns and maintains 160 fleet vehicles out of the North Orange County
Building Automation Unit Office so that at no time will we not be able to meet the
service needs of the City.
5 Fee Proposal — Building HVAC Non -Supplemental and Supplemental Services Bid
Pricing
Services shall be provided at the site locations reference in Appendix I, all located within the
City of Costa Mesa.
Duration: This agreement shall remain in effect for an initial term of five (5) years beginning
7/1/2012.
Non -Supplement Pricing
Year 1.
7/01/2012 to 6/30/2013
Year 2
7/01/2013 to 6/30/2014
Year 3
7/01/2014 to 6/30/2015
Year 4
7/01/2015 to 6/30/2016
Year 5
7/01/2016 to 6/30/2017
Supplement Pricing
Year 1
7/01/2012 to 6/30/2013
Year 2
7/01/2013 to 6/30/2014
Year 3
7/01/2014 to 6/30/2015
Year 4
7/01/2015 to 6/30/2016
Year 5
7/01/2016 to 6/30/2017
$63,128 annually
$65,653 annually
$68,279 annually
$71,010 annually
$73,851 annually
$158,044 annually
$164,366 annually
$170,941 annually
$177,780 annually
$184,890 annually
$15,782 quarterly
$16,413 quarterly
$17,070 quarterly
$17,752 quarterly
$18,463 quarterly
$39,511 quarterly
$41,092 quarterly
$42,735 quarterly
$44,445 quarterly
$46,222 quarterly
$5,313 monthly
$5,523 monthly
$5,742 monthly
$5,970 monthly
$6,206 monthly
$13,302 monthly
$13,828 monthly
$14,376 monthly
$14,946 monthly
$15,539 monthly
With either Supplement or Non -Supplement Pricing, should the City opt to renew each year of the
option, a 4% escalation will apply to the previous year's price. Per the City's request, the completed
table in Exhibit B is listed in Appendix J of this document. Additionally, the City is encouraged
towards quarterly payments.
Siemens Industry, Inc.
5/16/2012
Page 17
4b
APPENDICES
0
Appendix A. Discounted Labor & Material Pricing
For your convenience, we are providing a copy of our most recent published service rates. As an Advantage Service Agreement (ASA)
customer, you will be entitled to your contracted discount for all labor in the event this service call is billable. All rates are current as
of 01 /01/2012 & are subject to change with br without notice* Please be advised that Portal to Portal labor charges may apply.
Service
ASA
ASA
ASA
Non"
Non -ASA
Non -ASA
Cher
Customer
Customer
Customer
Customer
Customer
SWOOK-71one
Over Time
Double Time
S~The
Over Time
Double Time
On -Line Support:
1 Hr Min
1 Hr Min
1 Hr Mn
2 Hr Mn
2 Hr Pain
2 Hr Nin
Modem or Phone
$153.00/hr
$199.00mr
$245.001hr
$198.00/hr
$297.00/hr
$396.00/hr
Automation
2 Hr Nin
2 Hr Nin
2 Hr Min
4 Hr Nin
4 Hr Min
4 Hr Min
On -Site Service Can
$153.00fhr
$199.001hr
$245,001hr
$198.00/hr
$297.00/hr
$396.00/tlr
Meclignical
2 Hr Min
2 Hr Min
2 Hr Nin
4 Hr Min
4 Hr Min
4 Hr Nin
On -Site Service Can
$140.00/llr
$182.001hr
$224.00/hr
$182.00mr
$273.00/hr
$364.00/hr
Electrical Services
2 Hr Min
2 Hr Nin
2 Hr Nin
4 Hr Min
4 Hr Min
4 Hr Mfin
On -Site Service Call
$182.00/hr
$237.00/hr
$291.001hr
$236.00mr
$354.00/hr
$472.00/hr
Security
2 Hr Min
2 Hr Min
2 Hr Min
4 Hr Min
4 Hr Min
4 Hr Min
On -Site Serves Call
$137.00/hr
$178.00/hr
$219.001hr
$178.0081r
$267.00/hr
6.00/hr
Fire
2 Hr Nin
2 Hr Nin
2 Hr Nin
4 Hr Min
4 Hr Mtn
4 Hr Min
On-site Service Call
$142.001hr
$185.00/hr
$227.00/hr
$184.001hr
$276.001hr
$368.00/hr
Fee: On Site Tri
$49.50 / Tri
$49.50 / Tri
$49.50 / Tri
$75.00 / Tri
$75.001 Tri
$75.00 / Tri
Overtime rates In the table apply for calls Monday through Friday 4:30 p.m. - 8:00 am adudina Holidays. Double time applies for Sundays and Holidays.
*Labor rates are valid from 1/1/12 through 12/31/12 and then
they are subject to change.
All invoices shall be due and payable by customer upon receipt Further, seller reserves the right to invoice customer monthly as the work progresses, for all materials delivered to the job smile or to an
off-site facility and for all work performed on-site and off-site. If the customer becomes overdue In arty progress payment, seller shall be entitled to stop work, shall be entitled to interest at the lesser
of an annual ra18 of 18% or the maximum interest permitted by applicable law, and also to avail Itself of any offer legal and equitable remedies. Seller stratl also be entitled to such interest on all
amounts retained by customer from progress payments or otherwise. Customer agrees that he will pay and / or reimburse seller for arty and all reasonable attorneys' fees. which are Incurred by seller
in the collection of amounts dire and payable hereunder. Prices are subject to correction for error.
Siemens Industry, Inc. 5/16/2012 Appendix
WER
Appendix B. Maintenance Schedule for Automation and Mechanical Equipment
CategoryEquipment
.-
Software Maintenance (1)
Apogee Workstation
Controller
Preventative Maintenance (1)
Data Protection & Data
Data Protection & Recovery Services (2)
Recovery
System Performance
Software Update (1)
Updates
Insight Workstation Modem
Preventative Maintenance (1)
Air Compressors & Dryers
Preventative Maintenance (2)
Air Cooled Condenser Coil (2) - Evaporator/Cooling Coil
Package / RTU's
Cleaning (1) - HVAC Air Filter Change (4) - Operating
Ins ection - Cool 1 - Operating Inspection - Heat 1
Exhaust Fans
Operating Inspection - Heat (1)
Pumps
Operating Inspection (1)
Chillers — water and air
Air Cooled Condenser Coil (1) - Annual Maintenance (1)
cooled
- Operating Inspection 1 - Refrigerant Oil Analysis 1
Cooling Towers
Cooling Tower Drain (1) - Cooling Tower Refill (1) -
Operating Inspection 1
Air Cooled Condenser Coil (2) - Evaporator/Cooling Coil
Heat Pumps
Cleaning (1) - HVAC Air Filter Change (4) - Oil Acid Test
(1) - Operating Inspection - Cool (1) - Operating
Inspection - Heat 1
HVAC Water Treatment
Hot water and chilled water loops (12)
Cabinet & Free Standing /
Operating Inspection - Heat (1)
Unit Heater / Fan Coils
Siemens Industry, Inc. 5/16/2012 Appendix
'I�
Appendix C. Building Automation System Equipment due for upgrades
Qty
Affected Life Cycle
Year Product was
Retirement
End of Useful
Equipment
Introduced
Date
Service*
3
Modular Equipment
1998
2010
2017
Controller
1
Floor Level Network
1997
2008
2015
Controller
9
Unitary Controller
1988
2002
2009
Siemens Industry, Inc. 5/16/2012
Appendix
Appendix D. Automation System Tasking
Control Panel Maintenance
1. Perform Quarterly Inspections.
2. Check Incoming.AC and power supply.
3. Check power supply voltages and adjust to +5 volts if necessary.
4. Check battery charging circuit and battery.
5. Check AOP modules between module and termination point.
6. Replace battery and reload database.
7. Check time, reset if required.
8. Perform integrity test and systemwide function test through random point
checks, command, selective disabling and standard reports.
9. Check wire terminations, tighten as necessary.
10. Backup database twice annually.
Insight Workstation
1. Review system history quarterly.
2. Run PC diagnostics to optimize performance.
3. Check for disk fragmentation; optimize, using authorized software.
4. Back up database quarterly.
5. Check fans to insure proper ventilation and airflow.
6. Run point log, check for point accuracy and integrity.
7. Run Alarm History Reports.
8. Evaluate application functions & system integrity through set point
commanding & standard reports.
9. Check graphics and update changes as required (Customer defined).
10. Check TOD & PPCL Resident & Traced software.
11. Analyze memory dump & compare with previous reports.
12. Check cables and power connections.
13. Backup database twice annually.
14. Review system with customer. Perform user training as required.
Siemens Industry, Inc.
5/16/2012
Appendix
�3
Appendix E. Mechanical Equipment Tasking
Rooftop Packaged Units
1. Filters changed quarterly on a minimum basis or as required.
2. Preventive maintenance service to be performed quarterly.
3. Lock out and tag out equipment as required.
4. Check all electrical wiring, connections; tighten as required.
5. Check all motor starter contractor surfaces for wear.
6. Clean electrical control enclosures.
7. Lubricate air handling unit motor bearings and fan bearings, if applicable.
8. Check air handling unit belts for wear.
9. Check belt tension and sheave alignment.
1O.Change belt & change as required.
11.Check condition of evaporator coils. Chemically clean as required.
12.Check and clean condensate drains, drain line & pan annually.
13. Inspect air handling unit fan assembly.'
14. Lubricate condenser motors as required.'
15.Chemically clean condenser coil and fan blades annually.'
16.Check structural integrity of unit.'
17.Check all mounting hardware. Tighten as needed.'
18.Check and calibrate controls.'
Reciprocating Compressors
1. Preventive maintenance shall be performed quarterly.
2. Lock out and tag out equipment as required.
3. Check all electrical wiring and connections, tighten as needed.
4. Check starter contractor surfaces for wear.
5. Visually leak check compressor and associated refrigerant piping annually.
6. Clean exterior of compressor.
7. Check operation of crankcase heater.
8. Meg -ohm motor from starter and record annually.
9. Check and calibrate all safety and cut-out devices.
1O.Check and adjust compressor capacity controls.
11.Check, calibrate and adjust all operational controls.
12. Remove compressor oil sample, perform spectro-chemical test on oil
annually.
Siemens recommends this task be performed on this type of unit to assist in improved operational efficiency
and extended life of the unit. No additional charge will be incurred for including this task.
Siemens Industry, Inc. 5/16/2012
Appendix
i
Exhaust Fans
1. Preventive maintenance.
2. Lock out and tag out equipment as required.
3. Check all electrical wiring and connections, tighten as needed.
4. Check all motor starter contractor surfaces for wear.
5. Clean starter and electrical control enclosures.
6. Lubricate motor bearings and fan bearings.
7. Check exhaust fan belts for wear, replace as required.
8. Check belt tension and sheave alignment. Adjust as required.
9. Inspect exhaust fan unit assembly.
10.Check all mounting hardware. Tighten as required.
Pneumatic Air Compressor
1. Quarterly inspect unit, check for rust spots, oil leaks & general condition of
unit.
2. Drain tank, check auto drain.
3. Check belt, adjust tension & sheave alignments. Replace if necessary.
4. Meg-ohrn rnegor and record, annually.
5. Check starter wiring & contacts.
6. Check motor amperage & voltage.
7. Check intake air filter, replace as required.
Package, Gas Heat Electric Cool
Air Handler
1. Preventive maintenance.
2. Change filter quarterly on a minimum basis. Increase as necessary.
3. Check unit voltage and record.
4. Lubricate motors as required.
5. Check and adjust burners for proper flames.
6. Check for proper combustion and flue gas relief.
7. Record discharge temperature, heating & cooling modes.
8. Record return air temperature.
9. Check and adjust operating and safety controls.
1. Perform maintenance quarterly.
2. Lockout tag out equipment.
3. Check starter contacts for excessive wear.
4. Tighten all starter wire connections.
Siemens Industry, Inc.
5/16/2012
Appendix
�5-
5. Check belts adjust or replace as needed.
6. Check belt tension and sheave alignment. Adjust as required.
7. Meg -Ohm motor and record annually.
8. Check fan motors amps.
9. Clean and lubricate unit motor bearings and fan bearings.
10. Check operation of economy dampers.
11.Lubricate all dampers and linkages as necessary.
12.Check operation of static vane (if applicable)
13.Visually check all coils for leaks (Annually)
14.Check and record all coil delta T (Annually)
15.Inspect all mounting hardware, tighten as needed.
Multizone Air Handler
1. Perform maintenance quarterly.
2. Lockout tag out equipment.
3. Check fan motor amps.
4. Clean and lubricate components.
s. Check operation of economy dampers.
6. Check operation of static vane or dampers.
7. Check operation of zone dampers.
8. Check and adjust operating and safety controls.
Package Chiller Annual
1. Lockout tag -out equipment
2. Check condenser. Barrel tube
3. Log machine conditions'
4. Review daily logs'
5. Calibrate all safety controls'
6. Inspect starters'
7. Clean contacts and torque connections'
8. Megger motor winding'
9. Oil sample analysis'
10. Replace filter driers'
11. Isolate condenser barrels'
1 Siemens recommends this task be performed on
this type of unit to assist in improved operational
efficiency and extended life of the unit. No
additional, charge will be incurred for including this
task.
Siemens Industry, Inc.
12.Remove heads'
13. Brush clean condenser tubes'
14. Provide gaskets as needed'
15. Perform leak check audit 1415 AQMD'
16.Start chiller'
17.Check and record unit amp draw.
18.Check unit Voltage and Record.
19.Check unit pressures and record.
5/17/2012
Appendix
�b
Chiller With Reciprocating Compressors
1. Visually inspect equipment condition and operation.
2. Check for unusual vibration, noise, excessive temperatures & refrigerant
leaks.
3. Check unit voltage and record.
4. Check unit operate and records.
5. Check unit operating hours and record.
6. Check condenser pressure and record.
7. Check evaporator pressure and record.
8. Check oil sump sight glass.
9. Record chilled water inlet temperature.
10. Record chilled water outlet temperature.
11. Check condenser water inlet.
12. Check condenser water outlet temperature.
13. Check compressor starter contacts for abnormal wear.
Variable Frequency Drive
1. Check unit operation quarterly.
2. Check fault history report.
3. Check operation of manual bypass.
4. Verify drive signal increase and decrease.
5. Check and tighten all electrical connections.
6. Check starter contacts for wear.
Computer Room Air Conditioning Units
1. Check all electrical wiring and connections. Maintenance is performed bi-
monthly.
2. Check Filters quarterly as a minimum.
3. Check all electrical wiring and connections. Tighten as necessary.
4. Check starter contractor surfaces.for wear.
5. Check compressor amps and record.
6. Check sight glass for moisture level.
7. Check operation of crankcase heater.
8. Lubricate condenser fan motor and fan bearings.
9. Check condition of condenser coil, clean as necessary.
10.Check belts for wear, replace as required.
11.Check and adjust compressor capacity controls.
12. Lubricate indoor fan motor and bearings.
Siemens Industry, Inc. 5/17/2012 Appendix
Boiler
13. Check humidifier for proper operation.
1. Check boilers for proper operation. Discuss any problems with buildings
operating engineering staff.
2. Check and use boiler viewport to check main burner flame.
3. Turn off and secure boiler.
4. Check boilers for any unusual noise or vibration.
5. Inspect gaskets for any signs of leaks.
6. Examine the venting system
7. Remove and/or inspect gas pilot assembly. Reinstall in accordance with
recommended specifications and tolerances.
8. Check boiler circulating pumps for proper operation and lubricate.
9. Check flame safeguard control for pilot and main flame ignition.
10.Check operation of blower motor and circuitry.
11.Check operation of gas valves and vents.
12.Inspect and tighten all electrical connections
13.Check and adjust all boiler limit pressuretrols and running interlocks.
14.Check operation and adjust low water controls.
15.Check burner, pilot and main flame ignition.
16.Check and oil combustion air fan.
17.Check expansion tank and site glass
18.Check and record all entering and leaving water temperatures and
pressures.
19.The boiler room shall be left in the same clean condition as existed prior to
start of the work.
20. Refer to equipment O&M manual for any maintenance clarifications.
21.Complete onsite service log and PM checklist
Siemens Industry, Inc. 5/17/2012 Appendix
M
Appendix F. Siemens Training Directory
Siemens Industry, Inc. 5/16/2012 Appendix
19
Appendix G. Siemens Customer Voice
Siemens Industry, Inc. 5/16/2012
Appendix
M.
Appendix H. Customer Report Card
Reporting Criteria
Continuous Improvement Toward Outstanding Customer Satisfaction
You've previously identified those performance criteria most important to you. These are
restated below. Now it's time to let us know how we're doing from your perspective.
A = Very Satisfied B = Satisfied C = Neutral D = Unsatisfied F = Very
Unsatisfied
A B C D F
HVAC Services ❑ ❑ ❑ ❑ ❑
A B C D F
Automation Services ❑ ❑ ❑ ❑ ❑
A B C D F
Energy Services ❑ ❑ ❑ ❑ ❑
Overall, how satisfied are you currently with Siemens in meeting your organizations needs
for service and technical support.
Comments:
A B C D F
❑ ❑ ❑ ❑ ❑
Your Name Facility Name Date
Your open and honest feedback on our performance is important. Please complete this
Report Card at your earliest convenience and return it by simply folding the card so that the
return Siemens Building Technologies, Inc. address is on the outside. The postage is
already included for your convenience. Your confidential comments and evaluation will be
used to ensure that we are providing the best possible service at your facility.
Siemens Industry, Inc. 5/16/2012 Appendix
Appendix I. Maintained Equipment Table and Site Locations
POLICE DEPARTMENT — 99 FAIR DRIVE
Turbocore
Frictionless compressor (2)
BAC
FXT 160 Cooling Tower
Worthington
(abandoned chiller)
Carrier
50LJQ Package Unit
Data Air
CAW1034 Computer Room Unit
Baldor
(3) Condenser Water Pumps
Baldor
(3) Chilled Water Pumps
TBA
Boiler
Various
(14) Exhaust Fans
LAN
Pneumatic Tube System
Control Air Compressor & Dryer
Various
(9) Fan Coil Units
Air Handlers (2)
Automation Modular Equipment Controller (3)
Terminal Equipment Controllers (78)
CITY HALL — 77 FAIR DRIVE
BAC
VXT150C Cooling Tower
Turbocore
Frictionless compressor (3)
Carrier
50HS-042 Package Unit
Worthington
LKS202942 Reciprocating Chiller (2)
Lawson
Blower
Worthington
(18) Air Handlers
Various
(3) Chilled Water Pumps
Various
(3) Condenser Water Pumps
Control Air Compressor & Dryer
Automation PXM Controller (1)
Unitary Controllers 00)
Terminal Equipment Controllers (11)
Siemens Industry, Inc.
5/16/2012
Appendix
Appendix J. RFP Exhibit B: BUILDING HVAC MAINTENANCE BID PRICING
Siemens Industry, Inc. 5/16/2012 Appendix
ClJ
BUILDING HVAC MAINTENANCE BID PRICING SIEMENS
*Per the City's request in completing the above table, annual costs were derived
by apportioning the totality of the contract by facility equipment complement,
both automation and mechanical equipment. Monthly costs were derived by dividing
annual costs by 12. These two facilities are serviced by both mechanics and
automation specialists. The time spend on the facilities by these two very
different technicians makes such an hourly derivation based on monthly costs
illogical.
**Payment terms and associated costs are listed in the fee proposal contained
herein.
29 PROPRIETARY
MONTHLY
TOTAL
ANNUAL
BUILDING
ADDRESS
LABOR
MONTHLY
COST
HOURS*
COST**
City Hall
77 Fair`Drive
$3,367
$40,410
Police Facility
99 Fair Drive
$1, 893
$22,718
*Per the City's request in completing the above table, annual costs were derived
by apportioning the totality of the contract by facility equipment complement,
both automation and mechanical equipment. Monthly costs were derived by dividing
annual costs by 12. These two facilities are serviced by both mechanics and
automation specialists. The time spend on the facilities by these two very
different technicians makes such an hourly derivation based on monthly costs
illogical.
**Payment terms and associated costs are listed in the fee proposal contained
herein.
29 PROPRIETARY
BUILDING HVAC SUPPLEMENTAL SERVICES BID PRICING SIEMENS
*Per the City's request in completing the above table, annual costs were derived
by apportioning the totality of the contract by facility equipment complement,
both automation and mechanical equipment. Monthly costs were derived by dividing
annual costs by 12. These two facilities are serviced by both mechanics and
automation specialists. The time spend on the facilities by these two very
different technicians makes such an hourly derivation based on monthly costs
illogical.
**Payment terms and associated costs are listed in the fee proposal contained
herein.
30 PROPRIETARY
F
MONTHLY
TOTAL
ANNUAL
BUILDING
ADDRESS
LABOR
MONTHLY
COST
HOURS*
COST**
City Hall
77 Fair Drive
$ 7, 284. 96
$ 87,419.50
Police Facility
99 Fair Drive
$5,885.43
$ 70, 625.20
*Per the City's request in completing the above table, annual costs were derived
by apportioning the totality of the contract by facility equipment complement,
both automation and mechanical equipment. Monthly costs were derived by dividing
annual costs by 12. These two facilities are serviced by both mechanics and
automation specialists. The time spend on the facilities by these two very
different technicians makes such an hourly derivation based on monthly costs
illogical.
**Payment terms and associated costs are listed in the fee proposal contained
herein.
30 PROPRIETARY
F
Appendix K. RFP Addendum #1
Siemens Industry, Inc. 5/16/2012 Appendix
I r
Date: 04/23/12
CITY OF COSTA MESA
77 FAIR DRIVE, P.O. BOX 1200, COSTA MESA, CA 92628-1200
PUBLIC SERVICES DEPARTMENT
FACILITIES MAINTENANCE
RFP 1147 & 1148- Addendum #1
Request for Proposals for
MUNICIPAL FACILITY HVAC MAINTENANCE AT
CITY HALL AT 77 FAIR DRIVE AND
POLICE DEPARTMENT AT 99 FAIR DRIVE
The following changes, updates and answers to questions are to be included into the request for
proposals for RFP 1147 and RFP 1148. As a reminder, proposals are due on May 21, 2012 at 4:00 p.m.
in the City Clerk's Office.
Page 2 — Schedule of Events for RFP 1147 & 1148:
The time for the Pre -Proposal Meeting is hereby changed from Thursday, April 26th, 2012 to Thursday,
May 03, 2012. The time and place remain the same, 10:00am in Meeting Room 1A at City Hall, 77 Fair
Dr., Costa Mesa, Ca. Please note, the schedule of events identified on page 2 of both RFP's are invalid
and have been updated as follows:
Release of RFP
April 18, 2012
Pre -proposal Meeting / City Hall —10:00 am
May 03, 2012
Deadline for Written Questions
May 10, 2012
Responses to Questions Posted on Web
May 17, 2012
Proposals are Due
May 21, 2012
Proposal Evaluation Completed
May 29, 2012
Approval of Contract
June 19, 2012
Additionally, the meeting is hereby declared to be non -mandatory. Attendance is not required to submit
a bid for these RFP's.
RFP 1148 - Page 3 — HVAC Maintenance staffing levels
The second paragraph in RFP 1148 erroneously states that the proposer's staff is "certified and
proficient in the complete maintenance and repair Turbocore chillers, and pneumatic systems': It is not
a requirement for staff to be certified on Turbocore chillers and pneumatic systems to bid on RFP 1148.
Please sign this addendum sheet and return as part of your bid submittal.
Company name: Siemens Industry, Inc.
Representative name (print,
)Representative signature:
John Aguilar / Facilities Mai
M
ATTACHMENT #4
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
, a California ("Consultant").
A. WHEREAS,
contract to
Exhibit "A"; and
WITNESSETH:
City proposes to utilize the services of Consultant as an independent
as more fully described in Consultant's Proposal attached as
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in
Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection
with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
Consultant's Proposal, a copy of which is attached hereto as Exhibit "A" and incorporated herein
by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City of Costa Mesa, and all of its actions,
communications, or other work, during its employment, under this contract is under the direction
of the department. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City Clerk or her designee. If the quality of work is not satisfactory,
City in its discretion has the right to:
YXI
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability, under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall
be returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2 PSA 11
2.1. Compensation. As compensation for the provision of services outlined in Exhibit
"A" and in accordance with this agreement, Consultant shall be paid in accordance with the fee
schedule set forth in Exhibit `B," attached hereto and incorporated by reference. Consultant's
total compensation shall not exceed Dollars ($ .00). Consultant shall devote xxx
hours of staff time to complete the Project.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal or in an amount
exceeding $ .00 unless the City or the Project Manager for this Project, prior to Consultant
performing the additional services, approves such additional services in writing. It is specifically
understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City supervisor for
approval on a progress basis, but no more often than two times a month. Said invoice shall be
based on the total of all Consultant's services which have been completed to City's sole
satisfaction as of the date the invoice is created. City shall pay Consultant's invoice within forty-
five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the
services performed, the date of performance, and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be designated as
"Additional Services" and shall identify the number of the authorized change order, where
applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "C," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. ]neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party-
4.0.
ly
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of months ending on , 20_, unless previously terminated as provided
3 PSA 11
herein or as otherwise agreed to in writing by the parties. Paragraph 4 can simply be
modified to provide receiver will secure a separate certificate and funding for any fees
awarded... prior to discharge of the receiver
for up to four (4) term periods of one (1) year each.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. _Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum
scope of insurance coverages with an insurance company admitted to do business in California,
rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and
approved by City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such insurance
contains a general aggregate limit, it shall apply separately to this
Agreement or shall be twice the required occurrence limit.
4 PSA 11 Cl I
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers are
additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant.."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
Costa Mesa shall be excess and not contributing with the insurance
provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall
not affect coverage provided to the City of Costa Mesa, its officers,
officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
5 PSA 11
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible
or self-insured retention to provide such coverage, the amount of such deductible or self-insured
retention shall be approved in advance by City. No policy of insurance issued as to which the
City is an additional insured shall contain a provision which requires that no insured except the
named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
6 PSA ii
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hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: Tel: 714-754-5156
Fax: Fax: 714-754-5330
Attn: Attn:
6.5. Drug-free WoLkplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"D" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless Consultant agrees to defend, indemnify, hold
free and harmless the City, its elected officials, officers, agents and employees, at Consultant's
sole expense, from and against any and all claims, actions, suits or other legal proceedings
brought against the City, its elected officials, officers, agents and employees arising out of the
performance of the Consultant, its employees, and/or authorized subcontractors, of the work
undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall
apply without any advance showing of negligence or wrongdoing by the Consultant, its
employees, and/or authorized subcontractors, but shall be required whenever any claim, action,
complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the
Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action,
7 PSA 11
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complaint or suit asserts liability against the City, its elected officials, officers, agents and
employees based upon the work performed by the Consultant, its employees, and/or authorized
subcontractors under this Agreement, whether or not the Consultant, its employees, and/or
authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or
indemnification of the City for claims, actions, complaints or suits arising out of the sole active
negligence or willful misconduct of the City. This provision shall supersede and replace all other
indemnity provisions contained either in the City's specifications or Consultant's Proposal,
which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all
payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
8 PSA 11
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any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City-. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure: Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et sea.) and Government Code Section
1090. During the term of this Agreement, Consultant and its officers, employees, associates and
subconsultants shall not, without the prior written approval of the City Representative, perform
work for another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or subconsultants to
abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
9 PSA 11
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6.17. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent
10 PSA 11
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jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.26. Counterparts . This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
City Manager of Costa Mesa
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Date:
Date:
11 PSA 11
Risk Management
APPROVED AS TO CONTENT:
Project Manager
Date:
Date:
12 PSA 11
EXHIBIT A
CONSULTANT'S PROPOSAL
13 PSA 11
EXHIBIT B
FEE SCHEDULE
14 PSA 11
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EXHIBIT C
PROJECT SCHEDULE
15 PSA 11
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EXHIBIT D
CITY COUNCIL POLICY 100-5
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SUBJECT
POLICY
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NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
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BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
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DATE
DRUG-FREE WORKPLACE
100-5
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b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
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g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.