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HomeMy WebLinkAbout25D - AGMT - LIGHTING ROSS ANNEX PARKINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2018 TITLE: APPROVE AN AGREEMENT WITH ENERGY RETROFIT CO. TO INSTALL ENERGY-EFFICIENT LIGHTING FIXTURES AND CONTROLS IN THE ROSS ANNEX PARKING GARAGE (RFP NO. 18-070) AND EXECUTE THE ON -BILL FINANCING AGREEMENT (STRATEGIC PLAN NOS. 4,3D; 6,2A) Cl*ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Marketing Power, Inc. (dba Energy Retrofit Co.), for the term beginning December 3, 2018 through March 29, 2019, to provide and install advanced energy-efficient lighting fixtures and controls in the Ross Annex Parking Garage, in an amount not to exceed $39,928, inclusive of a 5% contingency in the amount of $1,901, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison to provide a $13,536 no -interest On -Bill Financing and $1,979 in incentives to fund RFP No. 18-070, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the City's ongoing efforts to identify potential cost-saving energy projects across City facilities, the Building Maintenance Division commissioned energy audits for the Police Department Administration building, Corporate Yard facilities (administration and maintenance buildings), Ross Annex parking garage, and the City's libraries (Main Library, Newhope Library, and McFadden Learning Center). The energy audits were completed at no cost to the City by The Energy Network, a nonprofit program funded by California utility ratepayers through the California Public Utilities Commission. Based on the energy audit findings, Building Maintenance staff applied for and secured approved funding from Southern California Edison (SCE) to retrofit all facilities mentioned above. The retrofits to the Newhope and Main libraries, and the McFadden Learning Center were completed in 2017 and 2018. Retrofit funding applications for the Police Department Administration building, Corporate Yard facilities and Ross Annex parking garage have been reviewed and approved by 25D-1 Approve Agreement to Install LED Lights and Controls Ross Annex Parking Garage, On -Bill Financing November 20, 2018 Page 2 SCE. City staff, with the assistance of The Energy Network, has selected a contractor for both the Police Department Administration Building and Corporate Yard Facilities lighting projects; and installation of improvements are well underway, with a scheduled completion date at the end of November 2018. At this time, staff is requesting Council approval to implement the Ross Annex Parking Garage lighting retrofit project. The Scope of Work consists of new light fixtures (replace fluorescent units with energy-efficient light -emitting diode [LED] lights) and light controls (install occupancy sensors and connect to lighting and Building Management systems). Project benefits include improved illumination similar to the adjacent Civic Center Parking Garage; an annual reduction of 10,546 kWh in electric usage; annual electric bill savings of $1,354, and annual greenhouse gas reductions equivalent to eliminating almost 2 vehicles from driving a combined 19,237 miles (EPA Greenhouse Gas Equivalencies Calculator). Project funding of $15,515 has been approved by SCE, and includes cash incentives of $1,979, and zero interest On -Bill Financing (OBF) of up to $13,536. An innovative feature of this SCE program is that the City will have no upfront costs and will incur no new debt. All payments are made from the savings realized on the utility bill. Any lighting upgrades not included in the project specifications but authorized by the City will be paid separately by the City. Through the OBF program, the awarded contractor finances the cost of the project. SCE pays the contractor directly with the cash incentives (which are grants and do not need to be repaid by the City) and the OBF proceeds that SCE has approved for the project. Once the retrofits are completed and inspected, the Ross Annex Parking Garage will realize lower utility charges on their electric bill. However, the bill will have a new, separate line delineating the monthly OBF payment. Once the OBF payments are made in full (10 years), SCE will discontinue the OBF repayment charge. Staff requests the City Council approve the funding process for this project, and authorize the City Manager and Clerk of the Council to execute an OBF agreement with SCE. The SCE Notice of Approval for incentives and OBF proceeds (Exhibits 1 and 2) and an example OBF agreement form (Exhibit 3) are attached. On August 6, 2018, staff posted the Request for Proposal (RFP) for the Ross Annex Parking Garage Energy Lighting Retrofit (Exhibit 4) on the City's website and online bid management and publication system. Three proposals were received and opened on September 20, 2018. The proposals were evaluated and ranked by a review committee comprised of staff from the Public Works Agency and Building Maintenance. The ranking criteria included the experience of the firm and team, relevant project experience, understanding of the scope of work, the work plan, references, schedule, and fee. The ranking of the three firms is as follows: 25D-2 Approve Agreement to Install LED Lights and Controls Ross Annex Parking Garage, On -Bill Financing November 20, 2018 Page 3 Firm Score Energy Retrofit Co. 91.0 Baker Electric 81.3 J. Kim Electric 63.7 Staff recommends executing an agreement with Energy Retrofit Co., as their proposal is responsive to the specifications and meets the City's requirements. Contractor has experience with similar work with government entities through SCE, and submitted the most competitive pricing. The proposal contains a clear path toward achieving City goals and objectives as required by the RFP. The total agreement compensation is in the amount not to exceed $39,928 (Exhibit 5). STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #4 — City Financial Stability, Objective 3 (achieve a structurally balanced budget) Strategy D (explore innovative revenue and cost recovery strategies) and Goal #6 — Community Facilities & Infrastructure, Objective 2 (address deferred maintenance on City buildings and equipment) Strategy A (prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT There is a total of $39,928 in funding available for this project from a combination of SCE - approved OBF proceeds and estimated SCE Incentives ($15,515), and City funding ($24,413). Source Description Fiscal Year Amount SCE Approved OBF Proceeds 2018-2019 Feb. - Apr. 2019 $ 13,536 SCE Estimated Cash Incentives 2018-2019 Feb. —Apr. 2019 $ 1,979 City Building Maintenance 2018-2019 Feb. —Apr. 2019 $ 24,413 Total $ 39,928 The amount of up to $39,928 will be paid from these funds in the following manner: After installation is complete and an Installation Report is finalized, SCE will directly pay the contractor, Energy Retrofit Co., for the covered improvements. After applying credit for the 25D-3 Approve Agreement to Install LED Lights and Controls Ross Annex Parking Garage, On -Bill Financing November 20, 2018 Page 4 project incentives ($1,979), the final OBF amount (not to exceed $13,536) and repayment schedule will be established. • Any remaining project costs for City authorized lighting improvements not covered by SCE's program will be paid from City funds in an amount not to exceed $24,413. Funding is budgeted for expenditure in FY 2018-19 in the Building Maintenance — Contract Services expenditure account (No. 07310100-62300), and comprises of $22,512 in project costs, and $1,901 for contingencies. $13,536 in OBF repayments to SCE is budgeted and available for monthly payments beginning FY 2018-19 in the Building Maintenance, OBF Loan Payment account (No. 07310100-67003). Subsequent fiscal years' payments will be budgeted in the same account, in accordance with the following estimated repayment schedule: Fiscal Year Description I Amount Assumes total OBF amount is utilized and repayment begins March 2019 120 Monthly Payments: $112.80 2018-19 4 Monthly Payments $451.20 2019-20 through 2027-28 108 Monthly Payments 9 Years $1,353.60 annual) $12,182.40 2028-29 8 Monthly Payments $902.40 ._ ,A _ __ _ __ _Total $13,536.00 C% Fuad SSeiss, PE, PLS Executive Pirector Public Wo ks FSS:JA:CK:SS APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Ido Finance and Management Services Agency Exhibits: 1. SCE Notice of Approval — Incentives 2. SCE Notice of Approval — OBF Program 3. OBF Agreement — Sample Form 4. RFP 18-070 5. Contract Agreement 25D-4 SOUTHERN CALIFORNIA SEND TO: Southern California Edison, Business Incentives E D I S O N® P.O. Box 800, Rosemead, CA 91770.0800 An EDISON INTERNATIONAL® Company E-mail: Businesslncentives@sce.com i Fax: 626.633.3243 May 3, 2018 Project Number: 361-17-0501007913 Project: Customized Solutions Approach Customer Ref.: Ross Annex Parking Garage Lighting Trade Professional Information: Customer Information: Taylor Chamberlin John Aguilar The Energy Coalition City of Santa Ana 47 Discovery Ste. 250 20 Civic Center Plaza Irvine, CA 92618 Santa Ana, CA 92701 RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL SA # 3-000-133540 Dear Taylor Chamberlin and John Aguilar: Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for the Customized Solutions Program ("Program"). Your Application for incentives for the Project(s) described in your application has been reviewed and approved. Funds reserved are based on SCE approved savings estimate set forth below; however, the actual incentive payments will be made based on verified and actual savings' amounts: SCE Final Approved Savings SOLUTIONS DESCRIPTION and Incentive Code Estimate kWh kW Therms $Incentive Amount Interior LED fixture replacement (utilizing approved luminaries) LT -17492 382.2 0.08 0.00 $ 76.98 Interior LED parking garage luminaires LT -47463 10,163.8 1.16 0.00 $ 1,901.84 Total Approved Savingsllncentive Estimates 10,546.0 1.24 0.00 $ 1,978.93 Project Cost Adjustment $ (-) Total Estimated Incentive $ 1,978.82 10% Measurement and verification Adder (if applicable) If you do not concur with the energy savings and incentive amounts shown above, you have 30 days from the date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not notify us of any concerns within 30 days of this letter, the savings/incentive estimates set forth above will be deemed correct. If you agree with the estimates, you may proceed to purchase and install the above solution code(s) at any time. This Project Approval incorporates by reference the Application, including the Applicant Agreement regarding Program Terms and Conditions. Checkout www.sce.coml To selm�p�qti fy for the Comprehensive Bonus. (Rev. April 201.7) Exhi lura -1 - - After your project is completely installed, operational, and meets all requirements of the Program, which is described in detail in the Customized Statewide Procedures Manual for Business and at www.sce.com/customized—solutions: • Complete, sign and submit the enclosed Customized Solutions Installation Report • Submit final invoices and/or documentation to support project cost, clearly detailing all costs associated with the project (equipment, labor, tax, etc.). • Submit complete engineering calculations to demonstrate energy savings and documentation, if applicable (including archival diskette, CD, etc.). • Submit schematic drawings and/or manufacturer specification sheets, if applicable. • Operating Report, if measurement and verification is required. • Submit Pump Curve (if applicable) • Submit Permit Closure for HVAC measures (if applicable) NOTE: As a reminder, the deadline for the project to be completely installed and operational is 24 months from the date of this Project Approval letter. Please submit the completed Installation Report within 30 days after installation and prior to the two year deadline. Payments of Incentives will be made only after all Program requirements are met by the Customer to SCE's sole satisfaction. 1. All Projects and/or solutions must be completely installed and fully operational within 24 months from the date the Project(s) is approved by SCE to be eligible for Incentive payments. SCE reserves the right to cease making Incentive payment(s), require the return of the total or prorated Incentive payment(s) and/or terminate this Agreement if the Project(s) is not completely installed and fully operational within such 24 month period, unless an installation extension is granted by SCE, in SCE's sole discretion, in writing. Any extension that is granted shall not exceed 6 months. 2. Prior to any extension being granted, SCE will reassess the Project(s) viability and the Customer must provide reasonable assurance(s), at SCE's direction and in SCE's sole discretion that the Project is progressing toward installation and fully operational status. Assurances include, but are not limited to: (1) proof that the equipment was ordered; (2) a copy of the commissioning agent contract (when applicable); (3) project implementation schedule; (4) written confirmation provided by the Customer or Customer's Trade Professional that the project will be completed within the requested extension of time. Additionally, after the initial 24 month period from SCE's approval of the Project, changes impacting savings calculations or solution eligibility, such as Title 24, CPUC Energy Division direction, etc., may cause SCE to revise the energy savings and Incentive amounts for which the Customer is eligible. 3. SCE retains sole discretion to determine the appropriate baseline values and energy savings calculations used to determine Incentive payments. Incentives shall only be paid on Projects that meet or exceed the baseline performance standards applicable when this Agreement is signed. SCE reserves the right to modify or cancel the Incentive amount if the actual solution installed (or the actual energy savings resulting from such solution) differs from the installation as set forth in this Agreement. Check out www.sce.coml To see 2,gl -lg for the Comprehensive Bonus. (Rev. April 2017) 4. Energy savings for which Incentives are paid cannot exceed the actual electric usage for each SCE customer service account for which Incentives are being requested. Non -SCE supply, such as cogeneration or deliveries from another commodity supplier, does not qualify as usage from SCE (with the exception of Direct Access customers or customers paying departing load fees for which SCE collects PPP surcharges). Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require you to submit other documents related to the Project, Project site, solutions, energy savings, or any other documents it requires, in its sole discretion, to make a decision on your Application. If you have any questions, please contact your SCE Account Representative. You may also call us at (626) 635-6015 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to BusinessIncentives@sce.com. Please have your project number available for reference when you call and include it in any e-mail correspondence. Business Incentives Team Southern California Edison Checkout www.sce.coml Toseejimo y_aljfyfortheComprehensiveBonus. (Rev. April 2017) CONTAINS CONFIDENTIAIAND,OR PROPRIETARY INFORMATION OF SCE ANDIOR ITS CUSTOMERS OR CONTRACTORS, AND IS PROVIDED PER CPUC CODE §583 G.O. MD§3A, AND SUPPORTED BY DECIARATION PER D.17-00028 tVRR/UPN/Senke 0.2 lD 361-1)-05030D)913 Review Campletion Date 03/20/18 if Teehriml Review Engineer Sriharsha Kandla Consullingfirm Places, Inc 25D-8 1 2 Status Approved with changes Approved with changes Required Future Data: Required future Data: Approval Additional Comments ' Speafiotlons sheets for installed equipment -Itemized, paid invoices for materials and labor for -Spedflcations sheets forirntalled equipment -Itemized, paid invoices for materials and labor for each ni a me. each measure. Submitted LT -17492 LT47463 Solution Coda Description Interior LED fixture replacement (utilizing approved luminaries) Interior LED parking garage luminaires Approved LT47492 LT -47463 Desvlptlon Interior LED figure replacement(utlBting approved luminaries) Interior LED parking garage luminalres Submitted 1200 12,00 EUL Approved! 1200 6.70 Source Iltg-CamLLOfu-SOOOOhr Iltg-CannLEDfx-50000hr Submitted N/A N/A RUL Approved N/A N/A Source N/A N/A Submitted ROB ROB Install Type Approved ROB ROB Assessment Approved as submitted Approved as submitted (35)LL T84ft 32W 41WK figures in parking garage Submitted annex, (13) 2L 78 4f 32W 41WK figures in parking Project Baseline Technology (2) 2L IS 4R 32W 4100K Futures in meter shop &(30) garage annex,&(2) 4L T84ft 32W 41NK figuresin 2118 fit 32W 41WK figures In building main show parking garage mechanical roam. Approved (12) 59W F411LL figures located in meter shop and building main shop. (35) 90W F"WLL flgure;(10) 501Y F42WLL figures,&(5) SAW 2L led tube figures (2) 23W CREE Linear suspended mount LED (1 251.- (a) Skyler SKF -JK -11-00-41( figures in parking garage Submitted 40K -IDV) figures In meter shop &(10)23W GREE same,(16)Skyler SKTJK-IL-4"K figures in parking Project Measure Technology Linear suspended mount LED (11t251.40K-10V) figures in building main shop. garage annes,&(2)Soler SKF -IK -11-4021( firtures In parking garage mechanical room. (12)23W GREE IED IInear ambient figures (DEC Approved model R Lf4-25L-4DK-10V-xilocated In meter (62) 40W LED Ilnearambient firtures(DEC model shop and building mal. shop. Skvler SKTd6LLd64K1. Approved Easy Ughtlng Calculator V3.0 Easy Ughting Calculator V3.0 Other Other Charges ..do eLC 3.1, which is a SCE preferred tool, is used for the eLC 3.1, which is a SCE preferred tool, is used for the savings cilcvlatians. savings calculations. The following major changes were made "a The following major changes were made by the CAA W the Originally submitted PA savings calculations: to the originally submitted PA savings calculations: •The baseline figure counts, and wattages are , Me baseline from counts, and wattages are Uimlation Methodology, revised based on site inspection findings, • The originally submitted savings calculations did net revised based on site inspection findings. • The mlglnally submitted savings calculations did no amount far the ballast factor while estimating figure account for the ballast factor while estimating figure Additional Comments wattages. The baseline figure wattages were revised to amount for the ballast factor. wattages. The baseline fixture wattages were revised W amount for the ballast factor. Please Mer to the spreadsheah'361-1)- Please refer to the spreadsheets '351-1)- 05010W919- PA Cilmxlsr" &'361-1)-0501OOT913. 050IW7913-PA Czlaalee &'361-1A05010W913- PACaIa sup.shoa for the energy savings PA CaIc 4ap.xlse for the energy savings calculations, calculmions. Sit Period kWh Savings 382.20 30,163.80 1st Period kW Saving 0.080000 1.16000D ProjectSavings bed Period kWh Savings 2nd Period kW Savings limits Therms Indirect Let Period Nd Period N/A N/A Approved lst Baseline $ 3.859.18 $ 19,827.08 Approved 2nd Baseline $ Project Cart Basis Cort Documentation(6MQ Cast Estimate Reference Cog Erilmate Reference Cast Documentation(IMC) Cort Estimate Reference Cost Estimate Reference Early Retirement Cost JERE) $ $ bOnsite Generation Present at this customer site? mere is no onsite generation at this customer site. There is no onsite generation at this customer site load Shifting employed at this customer Sita? No load sbiRtng grategive ere employed at N6 cugomershe. No load shifting strategies are employed at this customer site. Customer site enrolled in Demand Response Piagnms? This agomer site is not enrolled in any demand r.—.,.nrogr.nmwith SCE. This. stomer site is not enrolled in any demand responseprograms with St Does Equipment Operste 2 -SPM During DEER Peak Periods] I Yes I Yes Is the Submitted M&V Plan Approved? I Not Required I Net Required 25D-8 $OUIItf R'4 CAUFORMA Energy Management Solutions Incentives ED I S O N' Application for Business Customers -S VA7710YetCustomized Installation Report An U)FSOR INTI UPN#: ;361-17-0501007913SA#: _ 3-000-1335-40 _ Customer Ref.: Ross Annex Parking Garage Lighting , - -- - - - - ---- - Customer Name: City of Santa Ana Trade Professional: IThe Energy Coalition After your project is Installed and operational, Input the project installation commencement and completion dates in the fields provided in Section 3. Review the Information from yourAppllcatiun Approval Letter. If nothing has changed, and the information in Customized Solutions and Energy Savings incorrect, complete and sign Section 8 on page 2 of this Installation Report (IR) Form. If any Information differs from Section 1 of this page or your Application Approval Letter, use Section 4 on page 2 of this IR Form to Indicate the change. Then, mark the appropriate check box in section 8 on page 2 of this IR Form. If any Payment Information differs from Section 2 on page 1 of this IR Form, complete Section 5 on page 2. Review Sections 6 and 7 on page 2 of this IR Form and complete if applicable. Sign and return both pages to SCE at one of the addresses below. Business Incentives E-mail: Businesslncentives@sce.com Southern California Edison Fax: (626) 633-3243 P.O. Box 800 Questions: Contact your Account Manager Rosemead, CA 91770-0800 or call (626) 635-6015 NOTE; If submitting more than 5 Solutionscompleteand attach the Custon¢ed Sdufiw pagefrom the MulfipL Silerolution Worksheetatx ..wenrmeapp.cao Lineg Solution Baseline Installed- Approved Incentive Project Code Usage Usage Savings Rate Cost Incentive Amount 828.4 ,kWh 4462 kWh 3822 kWhf$ 017-- 1 LT 17492 018 kW 01 _ kW 0.08 k—W--tt($ 15009 I $ 4783.44 _.. $ 76.98 _ �___ _LThm _ _.. i That _ 0.00 1 Thm t FALSE ___i92 266299 1 kWh 18466.1 kWh , 10163.8 , kWh $ 0.17 2 LT -47463 3.27 _ , kW -2.11 i kW 1.16 kW �$ 150.09 $ 23,878.88 $ 1,901.95 Thm ,; Thm ! 0.00 Than , FALSE T j kW kWW� kW 3 -'--- -- — Thm_!_ _ ^Thm j kWh j kWh kWh -[- 4 kW - - _,. kW i _ ._ kW : a Thm,-"Thm{ `Thm i IkWh! _ kW ) 5 kW i Thm - Thm 1 Thm j——d Total Approved" Total Approved 10,546.00 1.24 Energy Savings (kWh): _ _ _ _ On -Peak Reduction (kW): i _ . - _ _ _ _ --, J Total Project Cost ($): $28,662.32Calculated Savings Incentive: .$1,978.82 'includes Project Call Adjustment(IhVchcable) �_ _ _ NOTE: For projects requiring M&V, attach any required basegne or postinstallation measurements and analysis, as specified your approved M&V plan. Section 2 - Payment Information: (As indicated on the Application) A. Form of Payment: _ _ Check to Customer B. Payee Information: IcmamcsWm0.it4l;k IrChi,binna>®yj- - City of Santa Ana- PryesGabnetlew5ewxememlm�Iti,Nwe�titewamama>tieal rh _ _ ... _ _ __ � - .. __ . 20 Civic Center PI, M+11 � Santa An CA i 92701 CmpeqBmNmaraplfina MNess C,y amm Zµ Cola 714-647-5008 lazuilar@saota-ana.org CmtaiRmeNUMe, Lmmq ELalAE6® C. Tax Iden00cation Type: Federal Tax ID 956000785 _ _ _Tax _M .. reEaelTa iNEm4biTrm NmAe(Eeryaotivl Seann NwnEerls5N7 Wm4fimAm NumEer Tevs.auNe D. Utility BIII Credit: 3. , 2-.... _aemmcnoom,xunae sevieti®:nx,mde; InstallationDates: Comptete both dates: Installation Commencement Date: Installation Completion Date: 2 J U _3o RmAp02017 NOTE: If submitting more than 5 Solutions complete and attach the Custnnlhed Solution page from the Multiple Site/Solutnn Worksheet at www.seeonlineappoom Solution Baseline Installed Incentive Project Line# Code Usage Usage Savings Rate Cost Incentive Amount kWh _ _ kWh kWh d i kW 1 kW Than I kWh kWh j - - -- i kWh _ 2 kW _ kW kW� That i Thm Thm l kWh kWh I kWh � 4 kW� jkW ' - kW Than Thm Thm , �� f kWh kWh 5 kW I,— kW I ___ kW Thm Total Energy Savings (kWh): Total On -Peak Reduction (kW): Total Project Cost ($): Calculated Savings Incentive; NOTE: For projects requiring M&V, attach any required baseline or post -Installation measurements and analysis, as specified in your approved MV plan. A. Form of Payment: B. Payee Information: (cream cwmmar, teak mT,xkP vRed RM P") PrywC,¢bnttl Buvmp Name PIIenEon blmlY arNui,Mbmpuma ma. a,eel Td em,pe,ry/eus'maaM'fn9AEEms city 54b Zp Lode CmrslPl,maNumrer Cmhd EiAiA6lres C. Tax Identification Type: Fe lTax I Mmpbyer In Nunta(anySatitl Seanry Nwn (SSN) ftO.rvNxrder TU St. F�enplRersm D. Utility Bill Credit: 3• y. £wYxlmAnlNwEe cn..AmASIN.v Attach the following supporting documentation with this Installation Report: ❑ Verification data as evidence of implementation, ❑ Updated savings calculations, where applicable. ❑ Copies of invoices(orimplementagon, as proofof the Customers implementation costs. ❑ RCx Training Completion Fan, including the training agenda, training materials, list of attendees, and measure persistence strategies. See the RCx Program Guidelines for more information on these items. Section 7 � To be completed only if you are i:ec;ru9s'tlng,bn HVAC Rebate: t. HVAC Permit fif reauired). If a permit and/or proof of permit closure is required for HVAC installationlreplacement, I have provided the permit number and/or permit closure documentation. (If no permit is required, leave this section blank) Permit # Agency 2 Contractor Cerfification. If a Contractor or Trade Professional was used for any HVAC installation/replacement. this section must be completed by the contractor. ❑ By checking this box, I ceNfy I am a licensed contractor and have followed applicable permitting requirements and, if required, that the HVAC permit information above is correct S5,u0vedLaOe]m Nmneiobse Pmrl dei Installationldpeiatioin, Sthterill and Signature: Check appropriate boxes: ❑ No changes to the proposed solutions have been made since the Project Application Review and Approval, and the Customer or Trade Professional verifies that the Application approved savings calculations are correct. ❑ Due to changes to the proposed measures, appropriate adjustments in the savings calculations have been made. For measures with changes made during installation, use this section, and Sections 4 an page 2, to calculate the revised installed energy usage, energy savings, peak demand reduction, and incentives. Attach the appropriate calculation backup: the output from the Estimation Software, Calculated Energy Savings Total or the calculation sheets that document the engineering calculations. I, the Customer or Trade Professional below, certify that (1) the Energy Efficiency Solutions have been completely installed, functionally tested and proven capable of operating and being maintained to perform in conformity with their design intent, and (li) that a licensed contractor was used, where applicable, and all applicable permitting requirements for this installation were followed. The installation date of operation of the Energy Efficiency Solutions and any required monitoring data collection per approved M&V plan, are also certified. slg..s w �pk P^^n T& Dara 2 5 b _ 10 a..AP,n amt _ kWh _ 3 _kWh I kW � kW Thm Thm I —__ rkW Than kWh kWh I kWh � 4 kW� jkW ' - kW Than Thm Thm , �� f kWh kWh 5 kW I,— kW I ___ kW Thm Total Energy Savings (kWh): Total On -Peak Reduction (kW): Total Project Cost ($): Calculated Savings Incentive; NOTE: For projects requiring M&V, attach any required baseline or post -Installation measurements and analysis, as specified in your approved MV plan. A. Form of Payment: B. Payee Information: (cream cwmmar, teak mT,xkP vRed RM P") PrywC,¢bnttl Buvmp Name PIIenEon blmlY arNui,Mbmpuma ma. a,eel Td em,pe,ry/eus'maaM'fn9AEEms city 54b Zp Lode CmrslPl,maNumrer Cmhd EiAiA6lres C. Tax Identification Type: Fe lTax I Mmpbyer In Nunta(anySatitl Seanry Nwn (SSN) ftO.rvNxrder TU St. F�enplRersm D. Utility Bill Credit: 3• y. £wYxlmAnlNwEe cn..AmASIN.v Attach the following supporting documentation with this Installation Report: ❑ Verification data as evidence of implementation, ❑ Updated savings calculations, where applicable. ❑ Copies of invoices(orimplementagon, as proofof the Customers implementation costs. ❑ RCx Training Completion Fan, including the training agenda, training materials, list of attendees, and measure persistence strategies. See the RCx Program Guidelines for more information on these items. Section 7 � To be completed only if you are i:ec;ru9s'tlng,bn HVAC Rebate: t. HVAC Permit fif reauired). If a permit and/or proof of permit closure is required for HVAC installationlreplacement, I have provided the permit number and/or permit closure documentation. (If no permit is required, leave this section blank) Permit # Agency 2 Contractor Cerfification. If a Contractor or Trade Professional was used for any HVAC installation/replacement. this section must be completed by the contractor. ❑ By checking this box, I ceNfy I am a licensed contractor and have followed applicable permitting requirements and, if required, that the HVAC permit information above is correct S5,u0vedLaOe]m Nmneiobse Pmrl dei Installationldpeiatioin, Sthterill and Signature: Check appropriate boxes: ❑ No changes to the proposed solutions have been made since the Project Application Review and Approval, and the Customer or Trade Professional verifies that the Application approved savings calculations are correct. ❑ Due to changes to the proposed measures, appropriate adjustments in the savings calculations have been made. For measures with changes made during installation, use this section, and Sections 4 an page 2, to calculate the revised installed energy usage, energy savings, peak demand reduction, and incentives. Attach the appropriate calculation backup: the output from the Estimation Software, Calculated Energy Savings Total or the calculation sheets that document the engineering calculations. I, the Customer or Trade Professional below, certify that (1) the Energy Efficiency Solutions have been completely installed, functionally tested and proven capable of operating and being maintained to perform in conformity with their design intent, and (li) that a licensed contractor was used, where applicable, and all applicable permitting requirements for this installation were followed. The installation date of operation of the Energy Efficiency Solutions and any required monitoring data collection per approved M&V plan, are also certified. slg..s w �pk P^^n T& Dara 2 5 b _ 10 a..AP,n amt SOI1111EItN CALWORNI.A ri EDISON An MI SON INIIR,NATIO.\'AL • C'nuNn) May 03, 2018 Customer Information: SEND TO: Southern California Edison, Business Incentives — OBF Program P.O. Box 800, Rosemead, CA 91770.0600 E-mail: Businesslncentives@sce.com I Fax: 626.633-3243 Questions? (866) 635-6015 Trade Professional Information John Aguilar Taylor Chamberlin City Of Santa Ana The Energy Coalition 20 Civic Center Plaza 47 Discovery Ste 250 Santa Ana, CA 92701 Irvine, CA 92618-3206 RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION PROJECT NUMBER: 361-17-0501007913 SAM 3.000-133540 Dear John Aguilar and Taylor Chamberlin: Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing (OBF) Loan has been reserved. An OBF Loan Reservation for this project has been established in the amount of -$13,536.00 and is subject to the following terms and conditions. Terms and Conditions of Loan Reservation: 1. The reserved amount has been calculated based on the results of the review and approval of your Energy Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an estimate of what the actual loan amount may be. 1a. An OBF Loan Term Calculation [LTC] is attached. 2. The actual loan amount will be calculated based on the results of the review and approval of your Energy Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved amount presented above. 2a. The actual amount of the OBF loan may be less than the reserved amount presented above. 2b. The actual amount of the OBF loan shall not exceed the reserved amount presented above. 3. The expiration of the loan reservation shall be consistent with that of the project incentive. Next Steos: • You submit the completed Installation Report [IR] to SCE according to the instructions received from the incentive program, and SCE will review it. • SCE Will calculate the actual final loan amount, based on the results of the IR approval, and the LTC provisions. • SCE will issue 2 copies of the OBF Loan Agreement to you. • You will sign, and have notarized, the Agreements and return to SCE. • SCE will counter -sign the Agreements. • SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan proceeds. If you have any questions, please contact your SCE Account Representative. You may also call us at (866) 635-6015 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to Businesslncentives@SCE.com. Please have your Project Number available for reference when you call, or include it in your e-mail. Sincerely, Delia Williams Program Manager- On Bill Financing Southern California Edison Company Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580. EXhiND-11 On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1) Completion DateTme: 5/1/20181:22 PM LTC1 Reserved Amount is $13,536.00 "• LTC1 Project Number: 361-17-0501007913 First month payment is $112.80 Market Segment: Service Account: 3-000-1335-40 119 subsequent monthly payments $112.80 ACTUAL TERMS WILL BE CALCULATED 1 Customer Number: 1-0-000-7130 From Approved Project Application BASED ON FINAL REVIEW AND VERIFICATION Customer Account Number: 2-22-264-5319 Estimated Annual kWh Savings x Average Rate =$ savings (B.1 x A) OF THE PROJECT INSTALLATION REPORT OBF Application Receipt Date: 9/19/2017 PROJECT ECONOMIC SUMMARY $ LTC1 Reserved Amount is $13,536.00 Project Types) : Customized First month payment is $112.80 Market Segment: Government and Institutions 119 subsequent monthly payments $112.80 Business Name: SANTA ANA, CITY OF From Approved Project Application Reference Name: OBF ROSS ANNEX PARKING GARAGE LT Estimated Annual kWh Savings x Average Rate =$ savings (B.1 x A) Address: 20 CIVIC CENTER PLZ Estimated Monthly $ Savings (B.2/ 12) City, CA Zip: SANTA ANA, CA 92701-4058 PROJECT ECONOMIC SUMMARY $ EXPLANATION_ A. AVERAGE ELECTRIC BILLING RATE —past 12 months (Cents/kWh) $ 012835 Based on Billing History B. ENERGY EFFICIENCY PROJECT SAVINGS $ 1,978.82 B.1. Estimated Annual Kilowatt Hour Savings (kWh) 10.546.0 From Approved Project Application B.2. Estimated Annual Dollar(S) Savings $ 1,353.58 Estimated Annual kWh Savings x Average Rate =$ savings (B.1 x A) B.3. Estimated Monthly Dollar($) Savings $ 112.79 Estimated Monthly $ Savings (B.2/ 12) C. COSTS C.1. Estimated Total Project Cost $ 28,662.32 C.2. Excess Project Cost $ - C.3. Estimated Total Rebate/Incentive $ 1,978.82 CA. Other $ exception analysis below) C.5. Estimated Potential Loan Amount (Gross Amount) $ 26,683.50 C.6. LTCi Reserved Amount $ 26.683.50 C.7. LTC2 Reserved Amount From Approved Project Application Based on 20% Basic Lighting Cap Rule From Approved Project Application (C.1) - (C.2) - (C.3) - (C.4) From LTC1 calculation following Approved Project Application D.I. Gross Amount for Potential Financing $ 26,683.50 Lesser of (C.5) or (E.1.2) or (E.2.3) or other rules apply D.2. Monthly Loan Repayment Amount $112.80 (B.3) D.3. Actual loan tens (Months) 237 Time required to repay loan in months (subject to exception analysis below) D.4. Actual loan term (Years) 19.8 Time required to repay loan in years: (D.3) /12 E. LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Min/Max Loan Amount) E.1.1. Market Segment Minimum Loan Amount $ 5,000 Minimum Loan Amount per Service Account or Bundle E.1.2. Market Segment Maximum Loan Amount Facility Com,Ind,Ag=$100,000, G&I, Multifamily =$250,000 E.1.3. Within Market Segment Limit? Y Is D.1 within loan amount limits Y/N? E.2. Customer Loan Limit Test (Previous Loans for this Service Account E.2.1. Service Account Loan Amount Limit $ 1,000,000 (E.1.2) or $1 M for G&I Facility E.2.2. Previous Loans Reserved for this Service Account $ 550.240.90 Total of previous OBF loans+ reservations E,2.3. Estimated Amount Eligible for Loans $ 449.759.10 (E.2.1) - (E.2.2), If <0, then 0. E.2.4. Within Available Amount? Y Is D.1. < E.2.3. Y/N? E.3. Length of Loan Test E.3.1. Loan Length Limit (months) 120 CIA= 60 months, G&I, Multifamily = 120 months E.3.2. Within Loan Length Limit? N Is D.3 within limit Y/N? E.4. Expected Useful Life (EUL)- Loan Length Limit Test E.4.1. Applicable Measure ELL (months) 144 EUL in months of measure with greatest kWh contribution E.4.2. Within EUL Loan Length Limit? Y Is D.3 within limit Y/N? E.5. EXCEPTION ANALYSIS (If any E.1 thru E.4. yields a "No") Exception Analysis Loan Minimum Requirement Test E.5.1. First Payment Amount $ 112.80 E.5.2. Subsequent Monthly Loan Repayment Amount $ 112.80 E.5.3. Subsequent Monthly Payments 119 E.5.4. Net Amount for Financing $ 13;536.00 -Eayecled U.1 l Lite (EUL)'. nec meewm 1. .,..d to pmlmm e.1.fi cbnly I, a ped. oltime. M EUL lo, e.en.W 06ncymeemnl.a igned eyNe CaOlomie Ennpy CommMe (CEC} Does the loan amount from Exception Analysis meet the $5K loan minimum requirement? YES 25D-12 LTC ID: 1"M On -Bill Financing Agreement This On -Bill Financing Agmeriont ('OBF Agreement') is entered Into on 20 , (the "EHective Data') by and between the undersigned customer atoms an Soul rem California Edison Company ('SCE°) (each a'Party; collectively the 'Parlles'). 1. Customer and SCE entered Into the Energy Managamont Solutlons Inoenthms Apel c2a-llq or 2. Customer owns, leases or rants e y th property Ilstod to the EMS Agrasment ao the Sitemp and malnlalns a serNce axouR(s wgr SCE for slecldo serAca, uotomer has completed Installation of eligible energy Want aqulpmen) MWPman7) al the Site as set forth In the . EMS Agroament and has anergy the equipment as being operational and In good worWng order, 3. In Decision 09-00.047, the California PNbllo U011ges Commission authorized SCE to provide zero orcent interest financingg for the installation of cartaln energy efficient aqui meat, which Is to be repaid over a speolfiad period through the Cgstcmees electric uglily bfil(s) (On -0111 Financing"), 4, Customer dsalres, to enter Into this OBF Agreement In. order to pargd ate in SCE's .Dn•Bilf Financing prymm and Customer agmoe to repay SCE the Amount Financed (es dogned under "Loan Terms", below) throunh Ifie Customor's SC0 uUllhr biil(e) pursuant to the terms NOW. THEREFORE, In consideration of the mutual promises and covenants contained herein, the Porges agree as follows: Terms and Conditions Defined Terms: Exceppt as the context otherwise mgulres capitalized terms used In this OBF Agreement without dentition shall have the same mean}ngs as are set forth In the ELVIS Agreement Amount Financed: Within thhty (201 days after the Effective Date. SCE wfil provide at payment for a Loan Terms: Dunt Financed VAmount Flanted : Interest ate: 0 Fees: Months to per. First onPayment Rametning on symen s: Mv—loa Account to ee os firs r - arty ayae an face o es tineInlro- e payee: or ' If mons than one Service Account will be billed. Information regarding the SoMce Account number and monthly payment Is Included In Schedule A attached. Form 14-702 0812012 Exhibit 3 25D-13 1 Promise to Pay: Customer promises to pay SCE trio Amount Financed In equal monthly Installments as set forth In the sgcton above and/or Schedule A (Customer's "Loan Obllgallon'). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (80) days from the Effective We on Customoes SCE utility bill(s) for the Service Account(s) listed above. Manner of Paymahtt Customer's Monthly Payment amount will appear as a Vria Item labeled °EUOSF Installment Charge" on the monthly SCE utility bllf(s) for Customer's Service Account($), Customer may pay the Loan Obligation In the. monthly Installments or pr9•pay the Loan Obligation In one lump sum without penally, but pro-paymenta for less than the remaining balance will not be allowed, Customer's Loan Ohllgatlon will appear on Customer's monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligator(bgeld in full by Customer, whichever occurs first Customer shall make payments to SCE as dlracted in the SCE u911ty bill(&). Partial payments: If Customer Is unable to make a full payment of the Loan Obligation In any given month, payment arrangements may be made at SOS's able discretion. Any partial payments will be applied In equal proportion to the everggy ch oe and thq Loan Obligallon,.and Customer wlll be eonaldersd to be dellnquen(snd In delault of both Ilia energy bill and the Loan Obligafan. Late Payments: i to lata payment charges cr Inl9fest will be assessed for delinquent payments on the Loan Obligation, However, SCE may assess lale payment charges for delinquent payment& of energy charg'aq pursuant to SCE's Rule 0 which Is Incorporated haralo by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned tram Customer's financial Inelltutlaq whbald. The Ralurhed Check Charge will also appy to any forms of payment that are subsequently dlshonared. 01scontlnuanco of Service; Mounts due under this OSP Agreementwtil be amounts deemed due under each SCE utility big to the Customers Sorvlce Account(s), and a detach under this OeF Agreement vAll be heated as a default under the Customers Service Acccunt(s). Customers Loan Obligation is subject to the discontinuance previsions of SCE's Rule 11, Discontinuance and Restoration or Service, Section S, Nonpayment of 81119 or Summary Bills which is Incorporatod herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this 06F Agreement shall constitute a breach under all of the above referenced agreements, For purposes herein. SCE may determine the OBP Agreement to be breached and Customer to be In default If Customer. (i) sells, assigns or otherwise transfers ownership, possession or fits of the Site or the Equipment (2) falls to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Servlce Acceunt(e), or (4) olherxfsa broaches this OBF Agreement and/or the EMS Agreement, and the broach Is not oured as specified therein, Notwithstanding anything to the contrary. In the EMS Agreement, a breach and default as set fodh In this section shall not be oub)aot to any additional auto period, Following a breach es set forth In this stiction, SCE shalt have the. right to declare the entire unpaid balance of the Loan Obilgatun immediately duo and payable, Purohaso Money Securlty interest: Customer hereby egress that SCE may, but is not obligated to, file o UCC -1 ("Financing Statement') against the Equipment to secure Customers obligation to repay the Amount Rnancad, Customer agrees to execute any and all documents N connection with the Financing Statement In order for SCE to perfect Its security Interest in tha EqulpmedL Cuatamer agrees that SCE Is not waiving any or Its rights of recovery as against the Customer should SCE elect to file a Financing Statement Form 14-702 0512012 25D-14 Confession of Judgment; Customer Irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as dsecribed In the preceding section, to appear In any slate or Federal court In Loa Mgoloa County, Cal!farnls, as Custamsre allamoyyandact and confess ]ud men against Customer 6y entry of a confessfon of Judgment pursuant to Qode of Civil Precodure ' 1132 et seq„ or by any other oppropriata means, for the full amount duo plus all coals of ccllocllon, (nciudfng whhout hmltetlon court coals and reasonable allomoys' loos. No single exercise of the fora0 tna power to confess Judgment will be deemed to exhaust the power, whether ar not any euolt oxem a shall he held by any court to be Invalid, voidable or void; but the power w01 continue widMWshed.and may bo exercised from time to time as SCE may elect until an a'mWnts raving under 0 8 OBFggmement have bean paid in full, Modification; Any change to this OBF Agreement must be In writing and ofgned by Customer and SCE; except that during any Divan month, 11 Customer Is unable 5 make full payment an the Loan ONallan, payment ormngemenle may be made at SOS's sale dlsorstion without modl�ng this OBF Agreement in writing, Any wrltten modification of amendment will notbe effective unless and unUl signed by SCE or such condition 15 waived by SCE In Its sole and absolute discretion. Term and Termination: It Is the Partiaa Intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue In effect until the Loan Obligation Is paid in full. Aselgnmgrih Notwithstanding anything to the contrary In this OBF Agreement, Customer may not assign Its rights or delegate Its duties under the Agreement. Additional Representations: 2eah perean eigning this OBF Agreement represents and warrants that he or she Is duly authorized and has the [ego] capacity to execute and deliver this OBF Agreement on behalf of Customer, and to parfamr their obligations under this OBF Agreement, Customer further represents and warrants that If It Is a legal entity, It Is in good standing in Its'stats of fomhatlon. Miscellaneous: Except as otherwise speolfIcally provided herein, all terms, provisions, covenanta, representations, warranties, agreements and condlilons of the EMS Agroomentahall remain unchanged and In full force and effect. Should a conflict exist botvreen nits OBF Agreement, the EMS Agreement and the documents Incorporated by rafarance, this OBF Agreement shall control. Thfs OBF Agreement shall be construed and Interpreted In accordance with, and shall be governed and enforced In all respects according to, the lays of the State of California. This OBF Agreement may be executed In one or more counterparts, each of which alien be deemed an original but all of which shall constitute one and the same Instrument If any one or more of the provisions contained In this OBF Agreement shall for any reason be held to be Invalid. Illegal or unenforceable In any respect, then this OBF Agreement shall be construed am If such'Invalid, Illegal pr unenforceable tern orproviaten had never been contained hardin and all other provlslcns of Vile OBF Agreement shall Go conobved to remain fully valid, enforceable and binding on tha parties. The Recitals sot forth above am hereby Incorporated heroin by reference. (Remainder of page Intentionally left blank] Form %782 08/2012 25D-15 Ib 'Ili IT`I°55 VIHEREOF the Parries hale exucuted qas 03° Agreement as at the e'ffacUw Date Customer Authorized Rapresentative Title: Signature: Date: Business Address, Tsiephone No. Fax No. Southern California Edison Company: Authorized Representative Title: Signature, Date: Business Address: Telephone No. Fax No E -Mail Address: E -Mail Address: RECOMMMED FOR APPROVAL ATTEST Francisco Gutierrez, Exec. DIr. Maria D. Huizar, Cleric of Council APPROVED AS TO FORM:..(for purposes of sample form only; Wil need re -approval upon completion) �t4 & T"- FIN M. FUNK Assistant City Attorney Form 14-914 04/2016 25D-16 4 SCHEDULE A Customer Name: OBF Loan Number, 91to Service Account Number OBF Billing Repayment 9erNca Account Numbed ly ZOOF n Romalnlnp Monthly OBF Loan Payments X•XXX• XXXX•XX X• XXXX•XX $permonthfarXmonths Total Mont ly RepaymentIIXXXXJIXrxj—tos month Form 14-702 00/2012 25D-17 25D-18 REQUEST FOR PROPOSALS (RFP) FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 FOR THE CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza, M-21 Santa Ana, CA 92701 John Aguilar / Christy Kindig Project Manager (714) 647-5008 Office laeuilarrrsanta-ana.org ckindig(ti).santa-ana.org for 0 v I Fuad Sweiss Ex utive Director Publicr rks Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: Monday, August 6, 2018 Job Walk/Pre-Proposal Meeting Monday, August 13, 2018 at 10:00 a.m., Meet at front of City Hall Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Project Completion Date Invoice Submittal Date by flag poles Wednesday, August 15, 2018 Monday, August 20, 2018 at 4:00 p.m. Tuesday, September 4, 2018 Thursday, November 29, 2018 Wednesday, December 5, 2018 City of Santa Ana RFP 18-070 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for this On -Bill -Financed LED Lighting Retrofit. Responses to this Request for Proposals (RFP) will be accepted until August 20, 2018 at 4:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with the following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 18-070 ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: John Aguilar Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.org/bids-rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. City of Santa Ana RFP 18-070 25'Vi X20 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 TABLE OF CONTENTS I. GENERAL II. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VII. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS LY. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RFP 18-070 2UL X11 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 I. GENERAL Nature of Work: The City of Santa Ana is seeking an experienced energy lighting contractor. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Three hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 20% • Relevant Project Experience 20% • Schedule 15% • References 10% • Fee 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required by this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of City of Santa Ana RFP 18-070 26422 selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre- contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONSULTANTS: Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section III.D. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www.santa-ana.org/bids-dys. City of Santa Ana RFP 18-070 2SBP23 E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa-ana.ore/bids-rfps. H. PRE -PROPOSAL MEETING A pre -proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and -answer session. It is highly recommended that the Proposer's key team members attend this meeting, however, this meeting is not mandatory. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section III.D: Addenda". I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 18-070 267624 IV. SUBMITTAL REQUIREMENTS A. GENERAL Number of Copies and si ng ature: Refer to Section I: General. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x 17". The Statement of Qualifications includes the following: a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. b. Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as Attachment 2, in the Appendix of this RFP. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. e. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. Proposer shall also provide a summary of the last 15 relevant projects that identifies the municipality that the work was performed for, time period work was performed, and hauler recommended by proposer. f. Schedule: Proposal shall include a detailed schedule, with a written statement which provides information on current workload and how this project would be accommodated. City of Santa Ana RFP 18-070 2StY25 g. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years h. Fee: Fees shall be included as part of evaluation criteria. Refer to 'T GENERAL", and IV. SUBMITTAL REQUIREMENTS, B.3 FEE PROPOSAL, below. (this item not part of page limit) 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. 3. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in 'T GENERAL". 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. City of Santa Ana RFP 18-070 2SU $26 VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 18-070 25B►'27 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 Lighting Contractor Scope of Work City of Santa Ana — Ross Annex Parking Garage The Energy Network Project ID: A38CLT9 Provided by: TRC Energy Services Scope of Work Developed by: John Baffa, PE July 25, 2018 25D-28 A Project Supported by The Energy Network The Energy Network, administered by Los Angeles County, was authorized by the California Public Utilities Commission to help eligible public agencies in Southern California harness their collective action, save energy, reduce operating costs and protect precious resources. To expand public agency participation in utility energy efficiency programs, The Energy Network is offering a range of free energy efficiency services to assist public agencies with accelerating energy retrofits. The lighting retrofit of the City of Ross Annex Parking Garage is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate documented titled Roles and Responsibilities for Construction Management Support. Please refer to this document to better understand the relationship and role of The Energy Network Project Manager and assigned Energy Consultant. Participation of The Energy Network is entirely at the discretion of the City of Santa Ana and The Energy Network may modify or terminate its services based on funding availability. 25D-29 Summary of Scope of Work Background The City of Santa Ana is pursuing a number of lighting retrofits at several of their facilities. This document focuses on the proposed lighting fixture and controls scope of work for the Ross Annex Parking Garage, which is a 37,210 square foot underground parking garage that is city owned and operated. The parking garage is underground, and therefore receives no daylight. As such, the lighting fixtures in the parking garage operate 24/7, creating an opportunity for significant energy savings. In addition to the parking garage, some additional rooms in the facility are included in this scope. Additional supporting documentation can be found in the following appendices: • Appendix A: Ross Annex Lighting Inventory Ross Annex Parking Structure The following items and requirements should be clearly listed in any provided contractor bid: General LED Product Requirements All LED products used in this project shall meet the following requirements: a) All LED fixtures shall be found on the DLC qualified product list. All LED lamps shall be found on the Energy Star product list. b) LED Fixtures shall have correlated color temperatures (CCT) of 4000K. LED Lamps shall have CCTs of 5000K c) Products shall be specified such that they can operate correctly based on the applicable circuit service voltages and with applicable mounting requirements. d) Parking Garage fixtures shall have ingress protection (IP) ratings of 65 or better. Parking Garage • Replace the existing (33) 4 Lamp T8 32W 4100K, (10) 2 Lamp T8 32W 4100K, (5) 2 Lamp 4ft TLED, and (2) 120W LED Surface Mount Fixtures with up to (62) new 4ft 40W Skyler parking garage fixtures with integrated smart sensor. The contractor is to determine the necessary fixture layout to achieve satisfactory and uniform lighting levels based on Agency discretion. This is not expected to be a 1 for 1 replacement. Fixture locations shall be added or changed as needed in order to achieve satisfactory lighting levels. Any new or relocated fixtures shall have appropriate conduit and electrical connections to match the existing system. The contractor shall furnish the appropriate Skyler Remote in order to commission the 25D-30 newly installed fixtures. The contractor shall commission the fixtures such that: 1. All fixtures are zoned together to ensure proper occupancy sensor functionality. 2. Light level tuning of the fixtures shall be done with a customer representative present, such that lighting levels and uniformity meet customer satisfaction. Parking Garage Mechanical Room • Replace the existing (2) 4 Lamp T8 32W 4100K with (2) new 4ft 40W Skyler parking garage fixtures with integrated smart sensor. This is a 1 for 1 replacement. Meter Shop & Building Main Shop • Replace the existing (12) 2 Lamp T8 32W 4100K with (12) new 4ft 25W Cree linear fixtures. This is a 1 for 1 replacement. Blower Room • Replace the existing (2) 18W CFLs with (2) new 8.5W CREE LED A19 5000k lamps. This is a 1 for 1 replacement. General Requirements The following should be clearly stated in and/or provided with all bids: a) Contractor shall provide copies of a valid California C-10 Electrical license at a minimum. b) Prevailing wage labor costs to be used for project implementation. c) Contractor shall commit to project construction completion and delivery by November 29th, 2018. Project invoices must be provided to City Project Managers by December 5, 2018 at 3:00 pm at City Hall, in the form attached as. Any work not completed by that date, is not guaranteed to receive payment, any exception to this completion date must be in writing and can only be provided by Santa Ana city staff. d) All scheduling of work shall be done through the City's project contact. e) All work performed shall meet or exceed any applicable electrical code requirements, including the installation of emergency powered fixtures in applicable areas. f) Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. g) Clean-up, removal of old equipment, and/or recycling fees are to be included. h) Contractor must meet appropriate insurance and bond requirements outlined by the City. 25D-31 i) The chosen contractor will be required to register with Southern California Edison as a Trade Professional (Trade Pro). Directions to register can be found at: hftps://sceonlineapp.com/CAASupi)ort/Default.aspx. Please note that contractor will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. j) Any other cost of business fees/expenses associated with performing City work are to be included in the bid. k) Provide factory start up and training (if necessary) to ensure proper functionality of new lighting equipment and controls. 1) All work shall be warranted against defects in material and workmanship for a period of one year from the date of acceptance. Any applicable warranty information beyond this should be stated and provided upfront. m) The contractor is required to provide a detailed and itemized invoice that clearly states the quantity of each fixture installed. Additionally, the invoice shall show a breakdown of material, labor, tax, shipping, and any other applicable project costs. n) It is the Contractor's responsibility to submit a final version of the Lighting Inventory, Attachment A in parallel with the submittal of the Cost Proposal. Any revisions required to the Scope of Work must be clearly indicated in the final Lighting Inventory and reflected in the Cost Proposal. The final Lighting Inventory Table serves to inform the Agency. o) Contractor will be compensated for work performed and fixtures installed. Any increase on the Base Price due to larger inventory will require written approval by the Agency and will follow procedures set forth for change orders. Any decrease on Base Price due to smaller inventory will result in a lower Base Price to the Contractor. p) The Contractor shall conduct all work between in the time window established after the contract is awarded. q) The Contractor shall comply with safety requirements and practices as outlined in accordance with Agency requirements and California Occupational Health and Safety Administration (Cal/OSHA). r) The Contractor shall do all that is necessary to maintain a safe working environment for Contractor's employees, Agency and facility employees and the general public present. s) The Contractor shall work with the Agency facility staff to understand and abide by any site specific security procedures. 25D-32 t) The Contractor shall clean up any construction dust, dirt and debris from work surfaces or equipment after work is completed each day and prior to occupancy. u) The Contractor shall be very careful to leave the facility with no damage to its structure, contents, existing finishes, and with no evidence of cutting or patching, and with all fixtures and lenses cleaned. v) The Contractor is responsible for securing all necessary permits, including Title 24 energy code documentation and compliance permit, and shall abide by local laws and regulations. w) Prior to ordering of equipment and fixtures, Contractor is to verify fixture quantities, types and installation needs, including specifying equipment that complies with existing electrical service. Final project invoice price will be based upon the quantity of each fixture type installed multiplied by the unit price for that fixture. 25D-33 SCE Sample Invoice - Customized Solutions VerdorNeme 8 Address Cuslamertlame 8 Address Itemized bat of equ'ipmentwith Ouan2y, Model, Make,TeA Description& Unit price ImportulNoles: e HCustomer is not Payee (ndide is drededto Vardar at other Id Peftl'k Payment Release Authorization Me 8 of application mud be completed 8 contain Oudiences signature. a Multiple acceuntdndallation locations: Attach the Y. u¢pleAttam/Spreadshee7 available for download on lme d wxx.soernndbusinesslenlsizppdovmbadhtn 25D-34 Indicate Basecase (Old Equ'pnent) (oraffarhon separate sheet) blveriderla Rebefeluayee, TelalRebde Amount deducted fiem sales prix Marked paid car carol inTelms Joe Smtlh Compalry 123 East Main Street Anytown, CA WOOD Tel: 123.476.7898 Esc 123.456.7899 Sold To: Invoice: Name IlerihveSmplm Cents Dale: 245110 Address: 1561vett Jhdnsenl Invoke A: 13315 Cq/S WZJJp: Anynhen; CA 9}M9 contact Jdm Fwun elOaeia Mae Dmftpftn Uvent TOW 30 RPJIJ576 (imamlhit R'4.1ampT)lntHiShBay hittuve(21611) 1W.00 pooiia 80 1`51T5r8111 Ommal Inca. T5 lmnlu tin HO Bag FWurea(SFA1 10.00 SWOO HO'ALTO 20 RJR -2553 Omcral Inc. Mielafur lfightlayratas 40.00 800.00 5 Q345 -B62 Oenaol int. Ccmpad 7lameseadFixhw(2411) 60.00 300.00 +es - kfeamreW16: Replace 6' 2.lmpT13 Vay Hull Output F7uarFidman (130 Wan, %Wa e145645In fnnrel Inc) - Moment 4C:: R�plax tmsndcecent realm ( 151) Materials sgW.W Tax 486,73 Installation InvokeTrialLess Edison Rehrte MOI. Total After Rebate PAID ImportulNoles: e HCustomer is not Payee (ndide is drededto Vardar at other Id Peftl'k Payment Release Authorization Me 8 of application mud be completed 8 contain Oudiences signature. a Multiple acceuntdndallation locations: Attach the Y. u¢pleAttam/Spreadshee7 available for download on lme d wxx.soernndbusinesslenlsizppdovmbadhtn 25D-34 Indicate Basecase (Old Equ'pnent) (oraffarhon separate sheet) blveriderla Rebefeluayee, TelalRebde Amount deducted fiem sales prix Marked paid car carol inTelms Lighting Inventory Slte009cd0adn - Etlstwo ugafing System Proposed Liphanp System - Ti0e2111mumments DEUa II0e21Arsa Stlmbn WCode f4ture0escrlptlpn PI.fAL SntWv Word propoae4 facture DeurpOon• Pmp. Poop PM cows LPD? Occupancy Dominant DarSp0lhft Type Cade Ory, ht Idw Na Dry trivia Told kW Sectors? Controls? 1 Parking Counts LT47463 PUSUSG 4LampTS4032W33 073 412 Skyler4a40u9PaMnO(inam W. 0.04 1.76 Integrated SmanSensor Y Y Y N 4100K pb3ne 2 Permit Canada, LTd7d63 f42SU&G 2Lemp T64032W iD 0.08 ON SkpBN640W Penang Canada 11' 0.04 0.61 Imagraledgman Sensor Y Y Y N 4100K Fable 3 ParldnilGarede LT47463 p44SUSG 4LampTS4n32W 2 0.13 026 911116,1140V Parking Corona 2 0.04 0.06 OnepmledgmartSensor Y Y Y N 41ODK May 4 Pandnp Garage LT47463 LED42611 4n2 lamp LED surface, 5 0.04 022 SWU4240NVParting Garapa 5 not 020 Integrated Smad Sensor Y Y Y N moum22Wlam Nina 5 Paddnp Campo RA LIDSU LEDSunanw Uount 2 0.12 024 SiverIS4MYPalalg Garage 2 0.01 0.06 IrdepralBASmanSBnear Y Y Y N tourist NNre 6 UeNMaNt LT -17492 Pd25U ILamp Tg4A32W 2 0.08 0.13 2519 CREE Wider Suspended 2 002 0.05 We0 SN71N Y N N N 4100K UNFRLED 7 DeWLlaint LT -0T192 f12&US 2Lemp T64n3IW 10 0.06 0.61 25W CREE Later Suspended 70 0.02 023 WaO Switch Y N N N 4100K lioum LED S Iedullom Uldstrum C'N16SU 16W CSL 2 0.02 0.041 Crul EDAII)MV5000t 2 0.01 0.02 Wall swkh Y N N N 'These proposed counts are estimates. The contractor Is to work with the city to determine necessary number of fixtures and layout to achieve saWocwyTdle 24 code compliant lighting levels. This is not expected to be a 1 for 3 replacement. Future counts and locations will be added or changed as needed In urderto achieve satisfactory lighting levels. 25D-35 Responsibility Matrix T s!t Construction ut*a RE PM Agency Consultant Co tracto Secures Construction Permit S P Prepares Construction Schedule R/A P Perform Construction P Submittals/CDs and RFIs S R/A R P Review & Approve Invoices P Process Invoices P Inspection of Work P Supplemental Work/Change Orders S P/A S P/A Prepare Meeting Agendas/Minutes P Attend Project Meetings S P S P Develop Punch Lists S P R Correct Punch List Items R/A P 0&M Manuals and Training S R/A S/R P Final Inspection P/A P Acceptance P/A Lighting/Mechanical As -Built S R/A S/R P Commissioning Startup Checklists R R/A S/R P Functional Performance Test Procedures R R/A S/R P Startup Documentation R R/A S/R P Functional Performance Tests R R/A S/R P Systems Manual R R/A S/R P P = Prim-ary, 5 = S p ort; R - Rev'ew, A =FAPprova SoCaIREN RM = So -a RE s Project Man ger Agency -Enrolled Pub is Agency SoCaIREN Gonsultan =Eng ee ing Cons I an on contract to oCaIREN Con .a tor =Construction Firm 25D-36 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201_ by and between 'a [insert type of business: sole ownership entity, LLP, etc], (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of energy efficiency lighting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION This project is funded by Southern California Edison (SCE) cash incentives and On Bill Financing. By submitting a bid, the bidder agrees, if awarded the contract, to finance the cost of the project and to be paid directly by SCE. If the final cost of the project exceeds the total of SCE payments, the City shall pay the difference to the awarded contractor. 3. TERM This Agreement shall commence on the date first written above and terminate on , 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent 25D-37 contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25D-38 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDENMFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 25D-39 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 25D-40 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Exec. Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-XXXX City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 25D-41 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25D-42 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Name of Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: (name) (title) Tax IDD 25D-43 EXHIBIT A SCOPE OF SERVICES 25D-44 EXHIBIT B FEE PROPOSAL, including hourly rates 25D-45 EXHIBIT C CERTIFICATIONS 25D-46 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 25D-47 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower fier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Signed and Printed Name: Title Date 25D-48 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the 25D-49 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: 25D-50 ADDITIONAL PROVISIONS 25D-51 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages August 16, 2018 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 vmrvw.santaana.org ADDENDUM NOA CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar RFP NO. 18-070 ENERGY LIGHTING RETROFIT AT THE ROSS ANNEX PARKING GARAGE DATE DUE: AUGUST 20,2018,4:00 PM QUESTIONS & ANSWERS 1. What percentage bid bond do we have to provide with the bid? Bid bond not required on this project. 2. Looking for any existing electrical plans and clarification on the location and number of emergency fixtures in the scope. See attached 3. With regards to this project ENERGY RETROFIT SANTA ANA, would you be willing to entertain bids from LED lighting suppliers that don't do labor and are LA based? Labor needs to be included, as the City does not have resources to install. 4. We would like to submit luminaire equals for the above referenced project. The specifications have included the details required for the luminaires, and we would like to propose another LOCAL manufacturer in our equipment submittals, exceeding the performance of the referenced luminaires. The purpose of this is to avoid unnecessary costs related to a sole sourced product with no competition. The city does not to appear to have standardized on a manufacturer. Allowing a substitute fixture along with supporting specification sheet may be proposed for consideration, the City Engineering team will review the proposed alternate fixture selection and deem whether it is acceptable. ALL OTHER TERMS, CONDITIONS AND SPECIFICATION REMAIN UNCHANGED. I acknowledge I have read this addendum: Authorized Signature Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS WITHOUT THIS FORM MAY BE CONSIDERED NON-RESPONSIVE. SANTA ANA CITY COUNCIL Miguel 0. Polido Mi ela Martinez Vicente Samdento Jose Solari. P. David Benavides Juan Villages Sal Tinajero Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward =ufd,9Da,rlaana.orq trimaNnezOsanta-ana oro vsannientolasanta�ana.ra dbenavides(dsantaanaom ivilleoas(,ilsantaana.am sbnaierolasantaaeaom AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE CITY OF SANTA ANA ROSS ANNEX PARKING GARAGE THIS AGREEMENT is made and entered into this 20th day of November, 2018 by and between MarketingPower, Inc. dba Energy Retrofit Co. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 6, 2018, the City issued Request for Proposal No. 18-070, by which it sought a contractor to provide and install advanced energy-efficient lighting fixtures and controls at the Ross Annex Parking Garage. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-070. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 18-070 and as more specifically delineated by Contractor's proposal (Option A), which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $39,928. This sum is comprised of (1) the Contractor's estimated project cost of $38,027 and (2) a 5% contingency in the amount of $1,901 for additional services at the City's sole discretion. b. Contractor agrees to accept partial payment for services under this Agreement through the (1) "On -Bill Financing" Program and (2) Energy Management Solutions Incentive that have been separately established and approved between the City and Southern California Edison. The payment obligations established through these means are intended to and shall survive expiration of this Agreement. Page 1 of 8 Elt* 53 3. TERM This Agreement shall commence on December 3, 2018, and terminate on March 29, 2019, unless terminated earlier in accordance with Section 17. The term of the Agreement may be extended for up to six months upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25D-54 INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. Page 3 of 8 25D-55 (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiumish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 25D-56 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fust class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 25D-57 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Contractor: Energy Retrofit Co. 27363 Via Industria Temecula, CA 92590 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. Page 6 of 8 25D-58 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor aff=s that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 7 of 8 25D-59 Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:�� fj�hn M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR Name: Title: FOR APPROVAL Kathryn Downs, CPA Executive Director Finance and Management Services Agency Page 8 of 8 25D-60 EXHIBIT A 0 r 11"ENERGY RETROFIT CO. Sao:o) Errryy Sarin) Manef 25D-61 Table of Contents I. Cover Letter and Company Overview......................:..........................................................2 It. Important Company Facts...................................................................................................3 III. Agreement Statement .......... ..........................................................................................:3 IV. understanding' of Need..............................................:.........................................................3 V. Profile of Services (Firm and Team Experience).......................................................:.......4 A. Audit Services, .. ........................ rr..r,rrr...r.r..r.r..r...r..r....r.r..rr..,.....r..r.......................................4 Br Lighting Design .....r.. ... .....r............r..r.r..r.............r.........r...r...........r..r..r..r......rrrrrr............................5 C. Installation. r.r........r.r......rrr.r..........r...rr......r....r..r..................................... r..r....r....................,...........6 D. ManagementofUtilityincentives.r...r..r..r.......r..rr.........r.......r...............r..rr..r..r................................7 E. System Maintenance ......rr....r...r.......rr.r...rr..........r....rr.r..r...............rr.rr.rr..r...r..rr.............................7 VI. Key Executives & Technical Staff........................................................:.................:....:.......6 A. Chris Kirehwehm, President ...r...rrr..rr.........................r..r..r..,r.............................. ................8 B. Erica Inderwlck, Senior Vice President r..r..................r.r........r.r......r....r....r......r...............................8 Cr Matt Klrchwehm, Operations &.Sales Support er.r..r..r........r......,....r.........r.......................................8 Dr Craig Kilby, VP of Sales, Business Development .r....r...r........r.....:..r........rr....................................a E. Ben Van Etter, Senior Project Manager— Northern California;.,.r...............r.r................................9 F. Ray Walker, Senior Project Manager— Southern California .rrr..........rr...r......r ......................I...I...A VII. Safety ...................................................................................................:.......,.........................9 VIII. Awards ..................................................................................................................................9 IX.._RelevantPloject Experlence..............w.s s ................_. Error!_ Bookmark not defined.0 X. Project Case Studies.................................................:......................................................111.. XI. Schedule ....................................................................................................................115 XII, References........................................................................................................................115 LMgS yrY+exN.mnm 25D-62 I. Cover Letter and Company Overview Attached you will Lind our bid and submittal package for your RFP No. 18.070 Ross Annex Parking Garage Energy Lighting Retrofit project. Since 2008, Energy Retrofit Cc ('.EW). has provided design, engineering, construction, and maintenance of fighting systems for commercial, institutional, industrial, municipal, agricultural, health care, educational, and food and beverage processing faclilfles. ERC is a memberof the DLC Energy Consortium end US Green Building Counsel and is a licensed California Electrical and General contractor, We are also California Title 24 Acceptance Testing Certified. We take pride in our reputation for providing quality work and service. We have installed projects for over 10,000 different customers throughout the state of California, Our highly trained and skilled staff operates as a team: from Job-dedioated Project Managers, Estimators, and construction crews, to Certified Energy Managers, LEER Professionals, Title 24 Certified Inspectors.. Our technicians are company employees, not subcontractors — assuring that you will receive the very highest level of quality and control on yourJob. We are driven to provide our customers with lighting solutions that optimize energy savings at the very lowest possible -cost Our business philosophy promotes quality, honesty, value and teamwork, We create a proven team approach throughout the design and construction process on every project. Our experience has demonstrated thatthis process Increases eommunicatlon and improves productivity and quality of construction, while saving our customers both time and money. ERC prides Itself on the numerous awards that It has received from CalffomWs top utility companies, and we are proud of our top-rated safety program, and our industry-leading sustainabliity Initiatives. Selecting a qualified lighting services contractor Is an important decision for any customer, since the project they produce will be in service for years to come, As you evaluate potential contractors, you may begin to think that all firms are the same,. Weare confident that if. you look closely you wlll.conclude that ERC Is the most qualified, while also offering the very best pricing In the Industry. Sincerely, Chris Klrchwehm President Marketing Power Inc dba Energy Retrofit Co. Business Entity: S Corp S+.+F.tigv➢fv..nP Nm�y 25D-63 Ii. Important Company Facts Legal Name & Address Marketing Power Inc. dba Energy Retrofit Cc (ERC) 27363 Via Industria Temecula, CA 92592 Contractor Licensing California — Class C110 (Electrical) and Class B (General) License #924719, Expiration. 2019 Insurance Coverage Umbrella Liability Umbrella Liability General Liability General Liability Workers Compensation Automobile Liability Bonding Ability Individual Project Total Bonding Capacity $5,000,000 (Each Occurrence) $5,000,000 (Aggregate) $1,000,000 (Each Occurrence) $2,000,000 (Aggregate) $1,000;000 $1,000,000 $25,000,000 $100,000,000 Certifications California Certified Lighting Acceptance Technician —TC -A813924 LEED AP ID&C Small Business ELBE / SLBE — Supplier No.1792774 Lighting Design AG132 Experienced ._Souihem Californ(a Edison Midstream SuppiierApproved, Registered Trade Professional Pacific Gas & Electric—Midstream Supplier Approved, Registered Trade Professional San Diego Gas & Electric—Registered Trade Professional III. Agreement Statement We concur with all provisions as contained in the standard agreement attached. IV. Understanding of Need See attached Scope of Work Letter in Exhibit A ^EmERGY REnmm C. a.�a:�m, s.nwuw 2501-64 V. Profile of Services — Firm and Team Experience Most facilities have lighting systems that were Installed based predominately on 'lowest upfront costs" versus 1118 -cycle costs." While this might help make a building fess expensive to build, these systems are generally very inefficient and expensive to operate, Over time, many facilities have upgraded their lighting systems to newer, more efficient systems that, at one time, featured the latest and greatest fluorescent lighting technology. These systems offered energy saving Improlvements overlhe old system, but they still had a relatively short rated life and required expensive maintenance. The greatnews is that Ilghting technology has advanced rapidly in the past few years, New solid-state LED fighting, together with innovative sensors and controls, make for a no-brdiner improvement at almost every facility. Dramatic product price drops combined with extreme advances in Industry technology allow most facilities to find a lighting solution that actually for itself. The economics of a new LED lighting solution has reached the point where walling for further advancements actually decreases the potential lifetime savings, The biggestohallenge for most customers is navigating all of the possible solutions to find the best lighting system fortheirfacllity, Making an Incorrect decision can lead to sacrificed light levels or low•qualitylights that were cheap to purchase, but expensive to maintain in the long nm. With over 10;000 projects under our bah, we know fighting —thaPs all we do, Our award-winning team can analyze your facility and prepare a:proposal that will give you a state4-the-art lighting system that Is designed for maximized energy savings, the absolute longest life, and improvedlIghting levels for your facility, Our step- by-step process for reaching this goal Is described below. A. Audit Services The service we provide frequently begins with an energy audit of the facility. This service. includes the following: • One of our experienced lighting auditors visits the site and conducts a physical inspection of the facility. The accuracy.and compfatenessofthe.infonnation.collected during this phase is crucial to assist our design team in developing accurate energy calculations and scope of work. • The facility type and utility program may determine specific auditing guidelines, but Inmost cases the following information is collected during the audit phase: o Itemized counts of all existing fixture types and wattages o Pictures of each fixture and lamp types for existing fixtures o Equipment requirements for safe Installation (ladders, lifts, etc.) o Electrical company, current kWh rate, and demand charges o Existing lighting controls, dimming, and emergency backup systems o Current and projected operating hours for each area to be upgraded o Any additional pertinent information noticed during the audft— this may vary from building to building • Finally, our auditors will consult with representatives from the facility to determine the cilenfs goals and expectations, We. will educate the client on diverse options and capabilities of the latest in LED Lighting technology. Ea.f�azrsr R�rez®Fir �. 2501-65 8, Lighting Design Ourcompany offers lighting design services forevery project. This step of the process is critical and features the following; • Our design team will thoroughly review the information collected by our auditor so that we can better understand the existing lighting system, • Upon review, we will prepare a proposal to provide the client with a detailed financial analysis and our recommended LIED lighting & controls to be installed. Our team will design one or more options based on the following general guide0nes and/or goals for each facility; o Match or improve current light quality and output o Specify LED retrofit kits where possible and new LED fixtures when retrofit kits are not the desired option. o if operating hours are extremely low, or the fixture cannot economically be replaced with a new fixture or retrofit kit, we will typically specify 'Type A° TLED lamps with new ballasts. Our process includes design of the proper lighting controls technology. This step is frequentlyoverlooked by many competitors, but it has been shown that when properly designed and Installed, lighting controls can reduce buildings' energy use by an additional 24.38%. Our process Includes the use of occupancy, daylight, and dimming controls when appropriate. We have our own in-house CALTCP certified Acceptance Technician to ensure that the system complles with state or localenergy codes, if customer has specific -Illumination standards that must be met, we have in-house ability todesign a system based upon accurate photometric predictions for light levels. o ERC's certified lighting designerufilizes AGI32 Lighting Software, the industrystandard for accurately calculating both interior and-extedoriightieveis, o The customers existing lighting fixture schedule along with CAD drawings are collected, and the Information is then input Into the AGI32 software, The software allows our designer to simulate the new illumination levels with the proposed LED fixture. Our designer can then select the appropriate LED fixture that produces the Customer's required foot candle measurements, • Value Engineering is a key componentof our process. We believe there Is always great opportunity In the LED lighting to Identify materials and construction techniques to reduce project cost without compromising the quality, -aesthetics, or reliability of the new LED system. Our design team works ENFRGY REMUFrr CQ. 25D-66 closely with purchasing to ensure we are recommending the most efficient LED lighting technology from proven suppliers. Prior to completion, aur design team will review the final proposal to ensure that the following details have been clearly articulated; o Total project cost for a lum•key° LED upgrade. o Utllily company rebates and incentive amount where applicable. o Existing and New fixtures wattages, and annual energy costs. o Annual energy & maintenance savings calculations for each individual fixture type and fixture location throughout the facility. o Return on Investment (ROI), as an annual return on capital Invested. o Lighting Service Agreement (LSA) payment and cashilow calculations. • A meeting will be scheduled to review the final proposal (a), and adjustments can be made to complete the orient's project requirements and objectives. C. Installation We always offer a turnkey installation process with every project. With over 10,000 projects Installed to date, we know how to safely Install a project In every type of selling. Ourgoal Is always to Install the project Without the customer ever knowing we were even there. Our process for Installation Includes the following: o Pre-Installaton Process • Upon receipt of the Notice to Proceed from the customer,. we will hold a planning meeting to ensure that the project is set up for success right from the start. This planning meeting will include final notes from the audit, information gathered from the customer, for example - best time to perform work, where materials can be stored, building priority, rules for working at the facility, etc. • The fixtures Will be ordered, and our plan will be clearly communicated to the site contact We will send several emalls detailing when the fixtures are expected, when we plan to install, where we Vi1I be starting, etc. o installation Process • Our technicians will work inteams-of two to. four per team...Eac4.team will make sure that all fixtures and sensors are operational prior to leaving the room. Our techniciansare-companyemployees and not subcontractors; • The work will be performed during off shift hours at whatever time Is best fi the customer, • The crew will clean as they go and It will be their plan to leave each room without evidence of having been in the space. They are detailed and thorough in their cleaning of the space prior to moving on to the next room! • The Interior areas will all be completed before starting the Exterior fixtures. o Post- installation • After the Installation has been completed, we will ask the customer to conduct a post installation verification walk with the lead supervisor. During this time, both the customer and ERC representative can Identify whether or not a punch list is required andlor if the project can be signed off as complete. if a punch list Is required, our team will work diligently to complete these action Items and report back to the customer once they have been wrapped up. 7' EmERSY iETgI7}Tr CO. uMsf�.�reaw,m 2501-67 • After all punch work Is complete, our Supervisor will provide a detailed hands -en Training Session for the customer so that everyone understands how the system works, and how to modify settings on the Sensor Controls. • Our Supervisor wilt also leave behind copies of warranty and Installation instructions for each of the different fixtures and sensors that have been Installed on the project. D. Management of Utility Incentives ERC Is a registered Trade Professional with each of California's Utility companies and has dedicated personnel on staff to manage the various utility rebate and Incentive programs that are available throughout the state. ERC. is familiar with such programs and the rules and requirements for each —this Is critical as these program roles are constantly changing and can dramatically affect the rebate that is obtained (or lost) for a given project. Our team will work closely with the utility company to review all product details, such as verifying that all products comply with the appropriate.qualifying list (DLC, Energy Star, PAL, etc.) for the rebate program In the area, We will also ensure the rebate paperwork is collected and tilled out properly and that submittals are made in a timely manner. In addition to the local rebate and incentive programs, ERC has a dedicated staff that Is available for On -Bill Financing processing. This includes, but Is not limited to, completing the OBF applications and OBF supplemental worksheets, having knowledge of customer eligibility, understanding loan limits and terms, and most importantly — knowing how to navigate the utility company process for these OF loans. ERC Is the recognized leader In California for knowledge of rebates, incentives, and OBF loans, This knowledge is critical as it can lead to 'found money"for projects, where no rebate was thought to exist. Equally important, the expertise is critical to ensuring that every customer receives the full rebate that is available for alighting project being planned. E. System Maintenance We provide warranty service for every project we install, and our team is always ready to provide this service should a client find that a fixture has failed, We typically provide 48-hour service for these warranty issues. We can also provide a quote for a plan that features an extended warranty -for any customer that ... prefers to.never have to worry about lighting maintenance In..the future.. This approach allows the customer to focus on the more pressing areas of their business, while we ensure their lights are always working, Em -Roy REYnDFir cr. 2501-68 VI. Key Executives & Technical Staff A. Chris Kirchwehm, President Bachelor of Arts, UC Irvine American Lighting —VP Sales &.Marketing 2003.2008 Energy Retrofit Co. 2008 -Present a President andPdncipai o Overseas all aspects of sales and operations o Responsible for lighting retrofit projects In excess of $30M o Intimate knowledge of CPUC guidelines for energy projects and all CA incentive programs o Actively maintains relationships with wide variety of manufacturers for CA utility qualified LER products o Maintains product standards for ERC In compliance with Title 24,.DLC, Lighting Facts and Energy Star requirements B. Erica Inderwick, Senior Vice President Bachelorof Science, Azusa Pacific American Lighting — VP Operations 2001.2018 Energy Retrofit Co. 2015 -Present o Senior Vice President o Responsible for complying with all udiity program requirements o Ensure compliance with all safety and installation requirements o Provide customer interface for Job scheduling, warranty Issues and general customer satisfaction o Maintains a clear understanding of prevailing wage requirements in accordance with 2015 CA DIR standards o Manage rebate process and ensure highest possible rebate is obtained C. Matt Kirchwehm, Operations & Sales Support • MBA, University of Phoenix _....... . Bachelorof Arts, Business, UCSD • CoStar Commercial Real Estate • Energy Retrofit Co. 2008 -Present o Operations & Sales Support o LEED Green Associate o Title 24 Certified ATT o Works with suppliers and customers to ensure all technical requirements are met D. Craig Kilby, VP of Sales, Business Development Bachelor of Science, Electrical Engineering =Virginia Tech 25 Years Sales & Management Experience -10 Years In F1000 Companies Energy Retrofit Co. 2011 -Present o Manage Sales Team of 12.15 Outside Sales Reps o Intimate knowledge of Lighting Applications & Custom Solution Development o Responsible for Sales Enablement, Training, and Sales Processes o Manage eCommerce Operation O ENEasy RE;ns 3RT Com. 25D-69 E. Ben Van Etten, Senior Project Manager- Northern California American Lighting, VP Operations 2001.2008 o Responsible for all crews and all large projects City of Bakersfield, Lead Electrical Tech 2009.2017 o Led effortto Install 15,0DO City Street Lights Energy Retrofit Co. 2017 -Present o Certified Journeyman Electrician o Leads & supendse large scale projects with focus on Schools & Government jobs o Extremely familiar with all aspects of electrical wiring and electrical code requirements o Extensive experience with Public Works and Government code projects F. Ray Walker, Senior -Project Manager— Southern California Energy Retrofit Co, 2008 -Present o Certified Journeyman Electrician o Leads and supervises large scale projects o Extremely familiar with all aspects of electrical wiring and electrical code requirements o Extensive experience working on public works projects specifically K-12 and higher education facilities including IDSA Inspections o Familiar with all types of lighting applications VII. Safety ERG's staff are fullytralned in all aspects of safety principles. The company has implemented an Injury Illness Prevention Plan (IIPP) concerning daily work activities and potential hazards for all company employees. The corporate:IIPP manual provides 811 employees with.detalled descriptions of typical scopes of work, instructions to safely carry out each task associated with individual work assignments, and preventive measures necessary to complete the work assignments.in a. productive and safe manner. Safety for Its employees is one of ERG's sore concerns. With a comprehensive and detailed safety plan(IIPP), job -site safety meetings, a policy of rewarding employees for continued safety training and our requirement that all core foremen receive 30 hours of OSHA training, ERVs.safety policies are realized from the top down. ERC Is proud of its current EMR rate of .76. VIII. Awards The company has a long and proud history of success in California. ERC has received numerous awards from California's top Utility Companies. A partial list of these awards Includes the following: • Southern California Edison: 0 V Place — Highest kWh and kW Energy Savings Contractor o Greatest Number of Controls Installed • Pacific Gas & Electric: o Top Performer — Total _kW & kWh Savings—Area 2 o Top Performer — Total M&kWh Savings— Large Commercial Office o Top Performer— Total kW & kWh Savings — Fabricatlon o Outstanding Achievement—Total kW & kWh Savings - Overall PGE Territory o Outstanding Achievement — Total kW & kWh Savings — Areas 1, 5, & 6 o Outstanding Achievement — Total kW & kWh Savings — Fabricatlon <ENeaxdv H MWOFYr G®. 2501-70 IX. Relevant Project Experience jpkT WENERGY RETROnT Ca. AndManyOfhon ....... 2501-71 10 RM NDUSTAW7 Z, MOL, VAR -PHOOL.. Commonwealth Audi Canon USA Poway USD Meroadel of San Diego General Atomics San Lorenzo USD Lqxus Escondido Under Armour San Bruno USD Kearney Mesa Acura FedEx Rialto USD Newport Beach Lexus CBRE Pajaro USD Penske Aut INne Company Jones Lang LaSalle Robert Half International Orangewood Elementary Edison Middle School Calvin Christian School �Gloy R 1Nv&,vQN10l California Highway Patrol Buena Park Library Lockheed Martin St Joseph High School Anaheim Convention Center Trane Corporation Escondido Christian Cit of Temecula Sierra Pacific Properties Frito-Lay Penske Automotive MarIn.Countyfligh School Foothills Christian High School Saint Joseph Academy 7 ' Hyatt Aventine Oakland Airport Hilton Trader Joe's Christ Lutheran Elementary Palm Springs Marriott Poll Development DoverElementery Sacramento Double Tree by Hilton Electrolux Sierra Charter Wyndham.— Irvine Goodyear Richland USD Hilton Arden West General Mills Bishop O'Dowd High School Y alrCenterMall Hitachi Sutter Home Quaker Oats River Delta USD Bellermine College Prep Coleman University HOSP ITALS,,&NEALTROAR Scripps Health Sharp Community Medical Group Del Monte Santa Sophia School Abbott Laboratories Hitachi Son Bruno USD Or Leads Dentist ING Pottery Barn San Diego Zoo Cottonwood Charter Coast USD River Delta USD 10ITM Solana Beach Presbyterian Sunbelt Parking Lot North San Diego Association of Durham USD West Pointe Shopping M411 Realtors KIPP College Prep River View Sperry Commercial Santa Rosa Junior College Winepress Wilsons Creek Winery UCSF Neurosclances-Instituts- ..RaInIn Instrumental Nanosys Inc. Oak Manor Elementary Rabobank Huntie-iindustries Loney College Fitness itnoss Evolution Atlantic Power Corp Antelope Valley School District World Gym Pqperwork Industries University of Phoenix Storage West I - I American Sports Center Del Mar Pines jpkT WENERGY RETROnT Ca. AndManyOfhon ....... 2501-71 10 X. Project Case Studles Poway Unified School District 37Y6 Annual Energy Savings PROJECT DESCRIPTION This project was installed for the Poway Unified School District in Poway, California from 2014.2016. ERC worked as a subcontractor for Barnham Construction and together the companies won a bid RFP that was valued at $1.6M. The project featured funding from California Prop 39, as well as significant rebates from SDG&E: SCOPE OF WORK Prooect Images ✓ Designed and Installed new LED lighting fortwo elementary and two high schools in the PUSD. ✓ The retrofit solution included the replacement of all HID and Fluorescent technology with LED. ✓ CREE LED troffer fixtures. CREE 81 -Level wall packs, LED Can retrofit kits, LED Type A Tubes with new ballasts, and CREE Area Lights. ✓ Installation of low voltage 0.10V dimming controls in all classrooms and offices. . _Overall redtictlon of 3i% Iq energy use... _ ✓ Overall project cost= $11.15M. PROJECT CHALLENGES 8 SOLUTIONS ✓ The. District stated it was Important that the now dimming controls teohnology.be easy to use by the school room teachers and the school staff. ✓ Our Team designed a Lighting Controls Solution that Included occupancy sensors, controls, and dimming technology that were easy to use by the staff. ERC offered a.commissioning process which featured both training for the staff as well as system Setup In each room. ✓ Low Voltage 0.10V dimming controls were designed to ensure that dimming circuit #1.controlled the two fixtures directly in front of the classroom projector screen, whereas the balance of the futures in the classroom were controlled by dimming circuit #2. .r. T ENERGY REMOFM Cm. v�.:na.�swmv� 25D-72 11 UTC Aerospace 55% Annual Energy Savings PROJECT DESCRIPTION UTC Aerospace awarded a deslgn-build contract to Install new LED lighting to improve safety In the °high traffic" areas surrounding the -exterior areas on their 18 -acre Riverside campus. Because of the dramatic improvement In exterior llght{ng, UTC management requested that ERC perform additional upgrades in critical interior work environments, including the Airbus airplanes assembly building. Project Images SCOPE OF WORK ✓ Designed & installed new LED lighting throughout the campus. ✓ The retrofit exterior solution included the replacement of all High -Pressure Sodium fighting with LED ✓ Lighting design software (AGI32) was used to ensure that new fighting would be significantly improved in all areas • New LED High Day fixtures were Installed to replace T5 Fluorescent in the Airbus assembly building ✓ Overall reduction of 55% in energy use. ✓ Total project cost = $550,000 (additional work ongoing) PROJECT CHALLENGES A SOLUTIONS The outdated High -Pressure Sodium lighting offered poor tight quality and coverage. UTC management had deemed the roadways on the property to be -unsafe for employees. ✓ New LED Area lights, Flood lights, and Wall packs were installed throughout the campus dramatically Improving light output and coverage, Improving overall visibility and safety. ✓ Our Team designed a High Bay LED solution for the Airbus assembly area to both improve light levels and Incorporate 0.10V dimming technology to allow the assembly technicians to dim the lighting during a process that.requirea the use of lasers to guide them when assembling critical components of the aircraft. FwERSY Rt=MDFW CE. x..m6my.arw,s.owm• 25D-73 12 Aromas - San Juan Schools 65% Energy Reduction PROJECT DESCRIPTION The Aromas / San Juan Unified School District posted a competitive-bld, Request For Proposal for a lighting upgrade project to be performed at schools in their district, The bids were reviewed by the District and the contract was awarded to ERC. The project was completed ahead of schedule, under budget, and with no change orders, The project featured rebates that weremanaged by ERC,. and Prop 99 funding as well, Project Images SCOPE OF WORK ✓ The project featured over 1 300 new LED fixtures for the interior areas of two schools. ✓ The project also featured extensive use of motion controls for all the lights on the project. ✓ The project was installed during the school year, while school was in session.. ✓ Overall.project cost= $215K. CUSTOMER TESTIMONIAL "I am writing to recommend Energy Retrofit Company for any electrical Installation that you might have, Their crew was nothing but professlona/ and courteous. The team was on time, worked clean and would work around any events that we had going on at the school. l have no doubt Energy Retrofit Company would be a value to any organization that would choose to use them. I give my highest recommendation. If 1 can provide any further assistance, do not hesitate to contact me." - Daniel Carrillo 'ENEROY RErROFM GGA. 25D-74 13 Anaheim Convention Center $360,347Annuai Energy Savings PROJECT DESCRIPTION Anaheim Convention center awarded Energy Retrofit Co. a contract toseplace their outdated T12 Fluorescent HO fixtures. After the initial contract was completed, the facilities staff requested ERC to design -build additional work to complete the exterior lighting, office lighting, andparking garage lighting. The additional lighting work was done as e "change order" to the Initlai contract and was paid for using a combination of U.S, Department of Energy's Energy Efficiency and Conservation Block Grant.(EECBG) Program and Anaheim Utility Rebates. Protect images SCOPE OF WORK ✓ Replaced over 2000 T12 fluorescent fixtures with new low wattage fixtures with bl-level occupancy controls In the parking garage. ✓ Retrofitted all interior office lighting and all common areas with new tow watta9e system. ✓ Energy savings exceeded, $360K per year. ✓ Overall project cost = $785K, PROJECT CHALLENGES & SOLUTIONS The cofiVention center and parking garege were extremely busy— operating 24 hours per day, everyday of the year, with no down time for an installation to be scheduled. ✓ The ERC installation team worked closely with facilities management to coordinate product delivery and Installation between convention. center event dates; ✓ The ERC Installation team worked double shifts to ensure that all 2,000+ convention center hall fixtures were safely installed In under 45 days, with no Impact to the center's schedule of events. ENERGY REfROST Cra. 25D-75 14 XI. Schedule Our Company will work closely with the City of Santa Ana to ensure the project is completed on or ahead of schedule. We have Installed similar projects for other public agencies and have had tremendous success with ineeting Customer expectations for project Completion, The initial plan for project scheduling Is shown below (dates will change, based upon approvals from the City). Our current workload and backlog allow for us to Accept this project and have a dedicated Project Manager and Electrical Supervisor to oversee the onsite crew, XII, References Anaheim Convention Center • Kelli Tunnicliff, Purchasing Director, 562.209.0037 City of Temecula • Bruce Wedeking, Faolllty Maintenance Superintendent, 951-699.1403 City of Roseville • Charles Aycock, EIM Systems Coordinator, 916.746.1836 ErwEROr 12EFFnRr Com. '!++•pmnil. n. n..Fem� 25D-76 1s Project Activity Milestone Date Award of Contract/ Notice to Proceed NTP September 4, 2018 OrderMaterlals September 4, 2018 SltePre oration and Pre -Ins ectlons Se ten*er23,2019 8e Inlnstallation September 25,2018 Complete Installation October 5, 2018 Commissioning/ Punchwork October 6, 2018 Project Complete October i3 2018 XII, References Anaheim Convention Center • Kelli Tunnicliff, Purchasing Director, 562.209.0037 City of Temecula • Bruce Wedeking, Faolllty Maintenance Superintendent, 951-699.1403 City of Roseville • Charles Aycock, EIM Systems Coordinator, 916.746.1836 ErwEROr 12EFFnRr Com. '!++•pmnil. n. n..Fem� 25D-76 1s ENERGY Vi City of Santa Ana Public Works Attn: John Aguilar/ Christy Kindig 714-647-5008 Scope of Work — Ross Annex Parking Garage Option A (Skyler Parking Garage Fixture 40W) - $36,986.50 Estimated SCE Midstream Rebate - $1,040 (not Included In project cost) RE T'R13 T C®. SeAv orgy Sarirg .MMW Based on the review of this project, Option A includes the requested Skyler Parking Garage Fixture 40W with. Integrated smart sensor. • The base bid Includes removing and recycling all parking garage fixtures and Installing new Skyler Parking Garage Fixtures. • Twelve fixtures will be added to the overall total, which includes all new wiring and j boxes. • Per Title 24 requirements, occupancy sensors will be commissioned on all Skyler Fixtures. • Title 24 -certification forms MRCC-LTI will be followed and engineered by a CALTCP Technician for this project. Option B (J21Park 5 Parking Garage Fixture 33W) • $21,367.40 Estimated SCE MidstPeam Rebate - $780 (not Included In project cost) Based on the review of this project, Option B Includes the 121Park 5 Fixture 33W with Integrated sensor. • The base bid Includes removing and recycling all parking garage fixtures and installing new J2 IPark 5 fixtures. • Twelve fixtures will be added to the overall total, which Includes all new wiring and) boxes. • Per Title 24 requirements, occupancy sensors will be commissioned on all J2 Fixtures. • Title 24 certification forms NRCC-LTI will be followed and engineered by a CALTCP Technician for this prosect. p I co M WAON-61, 9t - AON - zt - E WAON -go oI at -400 4 88 at *100 . zz et -100 -S& Ell et -ioo - go 0&-100. to et -des - Pz to des -.At EM et -des -at 9 t - do$ - to ejeldwoo sk(3 94ea BUIMJOM al, eleldWqC) Ut (SAOC) u011e p I co M - E oI 25D-78 M E Ell 25D-78 E OVERVIEW SKYLER LED lighting system which automatically adjusts preset Illuminance of each LED light through detecting the illuminance around each light can reduce electricity consumption up to averagely 75% compared to fluorescent lights. In addition, SKYLER LED lighting system doesn't need to have any additional equipment separately for the network communication and all the functions of SKYLER LED lighting system can be easily controlled by only remote control SKYLER provides without experts' help. °o®®FC LaTEs PROJECT NAME. CATALOG NO FIXTURE SCNEUULE COMMENTS. FEATURE & SPECIFICATION • Occupancy& Daylight Sensor • Network communication by infrared without additional devices • Easy replacement by retrofit Installation • Maximum brightness with minimal Unified Glare Rating(UGR) • Lighting product MADE IN KOREA • Life to 70% lumen maintenance -50,000 hours • 5 -Year Limited Warranty • Remarkable energy saving -70% • Input Voltage: AC 10012M, 50/60Ha • Power Consumption: 40W Beam Angle 13W • Operating Temperature: -20`40'C/•4 -122'F Weight 7.5 lb • Without Sensor (optional) DIMENSION - ------ ---14kTM---- - - MOUNTING DATA romm ;i io: 1 1� nvrurn I ......._._._... LIGHTING DATA 17_ — I 25D-79 o `, 'SPECIFICAT16N 4----_� T .I(TWATT.'�� J k LUMEN i� CRI Ljs INPUT,-" �'-rBEAM ip ItM) (LNVWJ _(RAJ,,1, LVOLTAGE(V) BANGLE !l, COLOR (K) SKT 1K LL.40-3K °; 40 �J 4000' 7 300! 280`3 120.277 '' 120'i1'�{ y ' i J?x,3000 Ir.J.-.Remote.Contml SIR 1K '' .1 1Ly40'4Kc j 4400 1101 2 y 120-277v:; ,i "-.1 20 ¢ Remote Cop4olt ,65 PWM DIM, ` �� SKT JK LLO SK'' '`40 ! 4800 j,._=' 280 irid120•.�277 Remote Control M_,f E65'.(I PWM ID DIMENSION - ------ ---14kTM---- - - MOUNTING DATA romm ;i io: 1 1� nvrurn I ......._._._... LIGHTING DATA 17_ — I 25D-79 INTRODUCTION The iPaRK 5T11 luminaire Is a lighting fixture designed to replace HID and Fluorescent products in stairwell and parking garage lighting applications. The iPaRK 5m features provide highly efficient low glare lighting, extreme power savings, along With low installation and maintenance costs. The sleek profile, flexible design features, and simple mounting process make the iPaRK 5T' a perfect choice for engineers, contractors, and end users. ALUMINUM CONSTRUCTION Extremely robust extruded aluminum core optical mounting platform and heat sink also provides structural rigidity and allows precision placement of critical optical components for wide throw optics. Sheet aluminum die formed housing gives open access for easy installation to facility structure as well as core optical and lens fixation. Die formed tool -less sensor mounting and access panel. LOW GLARE VOLUMETRIC OPTICS The iPaRK 5TM' optical assembly consists of highly reflective specular aluminum die formed reflector along with semi -diffuse highly efficient PMMA Injection molded lens. Light distribution is optimized to achieve high angle brightness on walls and between vehicles while maintaining visual comfort. For higher ceiling applications, downward throw optics are available. Contact manufacturer for availability. MOUNTING Unimol' Universal Mounting Bracket Included, to make installation simple and efficient. The UnimoT" is suitable for surface mounting on or off of electrical junction boxes or pendent mounting from conduit. S�® ROHS C US ISO 9001: 2008 LIGHT`' PERFORMANCE fPaRK 5'u luminaires offer>115 Lumens/Watt @ 1201277V & 1201347V; CRI >80; THD <101o; PF >99. Projected life beyond 100,000 hours. LED modules and drivers are offered with a standard 5 -year warranty based on performance under normal conditions (consult warranty for details). FLEXIBLE ELECTRICAL Standard Features: ' 1201277V U.S. & 1201347V Canada 0.10V Dimming Standard Disconnect provided on input power wires CONTROLS Dimming Occupancy Sensor included. COMPLIANCE The iPaRK 5TM' is cCSAus listed for damp locations and 400C to +400C ambient environments. RoHS compliant, and LED modules comply with IESNA LM -79 and LM -80 standards. NOTE: Specifications subject to change without notice. MODEL SIZE LUMENS I WATTS I VOLTS 15S7KC 2FT 7000 51 1201347V Contact your local supplier or representative or call J2 Light Inc. direct at: 1.866.GREEN.16 (473.3616)12 LIGHT.com EFFICI ENT.CLEAN.AFFOR DABLE. 2501-80 LUMEN & POW:ER TAB STOP P APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT I2FP NO,; 18-070 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not colt usive or sham; that the BIDDER has not directly or indirectly Induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price or BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that ofany other BIDDER, or to secure. any advantage against the public body awarding the contact of anyone interested in the proposed contact; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted. his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not Pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a.collusive or sham bid. Note; The above Non -collusion Affidavit is partofthe Proposal. Signing this proposal on the signature portion thereof shall also constitute signature ofthis Non -collusion Affidavit. BIDDERS are cautioned that making a false ceitification may subjectt e cylifier to criminal proseculion. .. ... ...-.Signed _ -_(.._y State oFCal ifornia County orfjVJsjC• Subscribed and sworn to (or affirmed) before moon this Zo day of h1L . USi; 20I byChV1S SYIAtt)f11L1 vL�l� r f to me on the basis Ofsatisfactot) evidence to be the persons) who appeared bcrore me. Pr ved A01yub is Signau re Notary Public Seal 37 of 41 25D-82 CHRISTINA LYNN HENRICKSEN Notary public -California Itiversldetcunty i Commission C 2252147 My Comm. ExplresAu2 2, 2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 LtoAnotary public or other officer completing this certificate verifies only the Identity of the Individualwho sighedthe document which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document, State of California , County of J} 4, t V On ,91AAI&S 2,01'] DI � before me,mls—hyliq - niAck-yut):71�� i���ic, pate Here Insert Name and Title of the 'Ofrcer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence'to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/sheithey executed the same In hls/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GHrvSTINA LYNN NENRICNSEN Notary vubut • Callfornia eRlvarldsCounty commisslon # 22521d2a22 •L My Comm, ExplresAu 2, Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State,of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. 'Signature . _ J`S A 1 Signature of Notary public W r I wrvrar. Completing this information can deter alteratlon of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date: Number of Pages; Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: D Corporate Officer — TRIe(s): El Partner— D Limited D General D Individual ❑ Attorney In Fact 13 Trustee ❑ Guardian of Conservator 11 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Tltle(s)_ ❑ Partner— ❑ Limited 17 General ❑ Individual 17 Attorney In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other. Signer is Representing: ___ .._.. ...... ... .. ...,,:. ... •a:,. x.::,.vv,sx.'...,. ,: v.�. .. �,. N�3a r.;r,...':..or.3n.e-n :. I,�:I ri.:.f�.e.da 4#s, .:'.eS 02017 25D-83 APPENDIX ATTACHMENT3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST I'OR PROPOSALS POR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: I8-070 The prospective pirlicipatn certifies, by signing and submitting this bid or proposal, to the best nl'his or her knowledge and heliel: that: I. No federal appropriated finds have leen paid or %%i II be paid. by or on behalf of the undersigned, to any Pelson for influencing or attempting to in0ucnce an officer orentployce ofany federal agency, it member of Congress, an ole icer or employee of Congress, or an employee of a \leather of Congress in connection with the awarding ofany federal contract, the staking of any Icdertl ;rant. the making ol'mty federal loan, rile entering into ofany coupemike agreement, and file extension, continuation, renewal. amendment, or modification ofany lWeml contract, grant• luau, or cooperative agreement. 2. If any funds other than federal appropriated fiords have been paid or will be paid to tmyyperson for influencing or altcmpfina to influence any officer or employee orally federal agency, a Member of Cong=rens• an officer or employee of Congress, 01 -nn employee ofa ��\4entber of Congress in connection with this federal contract, grant loan, loan or cooperative agreement. the undersfgne 1$1x11 complete anti submit a Disclosure of Lobbying Activities". I his certification is a material representation of fact upon which reliance was Placed when this transaction ttas made or enterexf into. Submission of this certification is a prerequisite fir making or entering into this transaction imposed by Section 1352. Title 31, U. S. Code. 1\11% person who fails to ffle the required certification shall be subject to a civil pemda' ofnot less than S 10.000 and not more than S 100.000 for each such (ailuro. The Prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this cerfifrcation be included in all lower tier subcontracts• which exceed 5100,000 and that all such sub recipients shall certify and dkelose accordin.-ly. Firm Marketing Power Inc dba Energy Retrofit Co Signed and Printed Name: Chris Kirchwehm Tide President Date 08!20!2018 —_--- --- 38 of 41 25D-84 APPENDIX --i ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGIITING RETROFIT RFP NO.: 15-070 The undersigned consultant or corporate oflicer, during the performance ofthis contract, califies as rollo%%s: 'rhe Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion. sex, or national origin. 1'he Consultant shall take affirmative action to ensure that applicants are employed. and that eniployces are treated during emplo)inent without. regard to their race, color, religion. sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion. or transfer: recruitment or recruit ierlt advertising: la\offor termination: rates ofpay or other rorms of compensation: and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment g notices to be provided selling forth the provisions of this nondiscrimination clause. ` 2. 111C Consultant shall, in all solicitations or advert isenienis for employees placed by or on behalf of the Consultant. state that all qunlirred applicants will receive consideration fOr eniploynient \%41101.11 regard to race, color. religion. sex, or national origin, -i. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding. a notice to be provided advising the said labor union or workers' representatives of tic coil suhant's commitments under this section. and shall post copies orthe notice in conspicuous places available to employees and applicants I'or employment. 4. "rhe Consultant shall comply with all provisions or Executive Order 11246 of September 24, 1965. and orthe rules, regulations, and relevant orders of the Sccrctan of Labor. 5. The Consultant shall lurnish alf inrornialion and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretin of Labor, or pursuant thereto. and %g ill permit access to his/her books, records• and accounts by the administering ngency and the Secretary or Labor tier purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event or the Consultant's non-conipliance with the nondiscrimination clauses of this contract or with any orthe said rules, regulations. or orders, the contract may be canceled, tcrniinated, or suspended in whole or in pan and the Consultant may he declared ineligible for lirrther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24. 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule. regulations, or order orthe Secretary of Labor. or as otherwise provided by lav%. 1. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the Provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules. regulations, or orders of the Secretan of Labor isxred pursuant to Section 204 of Fxeculive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the 39 of 41 25D-85 administering agency may direct as means of enlbrcing such provisions, including sanctions Rte noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex ofsuch persons, except as provided in Section 1420, and any consultant ofpublic works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Chris Kirchwehm — Title: President Pit'm: Marketing Power Inc dba Energy Retroftco . Date; 08/20/2018 40 of 41 25D-86 August 16, 2018 CITY OF SANTA ANA 2a We Center Plaza . P.O. Box 1988 Santa Ana, Calfbmga 92702 vay.santa-afsa.om ADDENDUM NOA RFP NO. 18-070 ENERGY LIGHTING RETROFIT AT THE ROSS ANNEX PARKING GARAGE DATE DUE: AUGUST 20, 2018,4= PM QUESTIONS & ANSWERS 1. What percentage bid bond do we have to provide with the ,bid? Bid bond not required on this project. 2. Looking for any existing electrical plans and clarification on the location and number of emergency fixtures In the scope. See attached 3. With regards to this project ENERGY RETROFIT SANTA ANA, would you be willing to entertain bids from LED lighting suppliers that don't do labor and are LA based? Labor needs to be included, as the City does not have resources to install. 4, We would like to submit luminaire equals for the above referenced project. The specifications have Included the details required for the luminaires, and we would like to propose another LOCAL manufacturer In our equipment submittals, exceeding the performance of the referenced luminaires. The purpose of this is to avoid unnecessary costs related to a sole sourced product with no ---- competition, The city does not to appear to have standardized on a manufacturer. Allowing a substitute fixture along with supporting specification sheetMoy be proposed for consideration, the City Engineering team will review the proposed alternatefixture selection and deem whether it is acceptable. ALL OTHER TERMS, CONDITIONS AND SPECIFICATION REMAIN UNCHANGED. I ack gwledge I have read th Is addendum: ( iP HrAe_f_�-&16 &EL Aut odzed Signature Company Name Zh takiy Cc e-aj -r e0 , THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS WITHOUT THIS FORM MAY BE CONSIDERED NON-RESPONSIVE. SPIN TAXCA C n V CmirLM= p1up� PJlitla UIF?mam',aN:me 6Ts 2e9aa,ItaaGa nm5rltrlm P. $ID M4 IAsayo,PaBavq,4nasd3 V,d69 WAvm3 Wmd4 'VJ2rtl5 Nta96 mm.Mlet�earlln`+:vvem nrNmtfw'[eltaylaa vama csartniaHla@aavmomnm IOcafda£STInICaaeuN'n dCwaarhEleal:ARmbAmma mHAeaauMx'ertG:nvneaa atl JQm�"'mmpaw:vm 25D-87 EXHIBIT B ENERGY FEE PROPOSAL RETRoFrr Co. Saving &15-gy sarara :Mamay The Standard Hourly Fee Schedule for Marketing Power Inc. dba Energy Retrofit Co. is as follows: Description of Work Hourly Rate Electrician: Inside Wireman (Journey Level) $84,08 electrician: Maintenance Electrician (Journey Level) $59.35 Electrician: Inside Wireman (Apprentice) $30.27 Site Auditor $35.00 Project Manager $70.00 The Scope of Work pricing is as follows: Option, Price Option k Skyler Parking Garage Fixture 40 Watts $36,986.50 Option B: J2 [Park 5 Parking Garage Fixture 33 Watts $21,367.40