HomeMy WebLinkAbout20D - AA - INSTALL LED MAST ARM STREETLIGHTS
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REQUEST FOR
COUNCIL ACTION°
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 3, 2013
TITLE APPROVED
AMEND AGREEMENT WITH SIERRA ? As Recommended
PACIFIC ELECTRICAL CONTRACTING ? As Amended
TO PROVIDE AND INSTALL LED MAST El Ordinance on Reading
El Ordinance on 2 2 I ° Reading
ARM STREETLIGHTS AND APPROVE ? Implementing Resolution
AGREEMENT WITH SOUTHERN ? Set Public Hearing For
CALIFORNIA EDIS(ffi TO PROVIDE
NO-COST FUNDI
CONTINUED TO
FILE NUMBER
AGER
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute the following agreements,
subject to nonsubstantive changes approved by the City Manager and City Attorney:
a) Amend the agreement with Sierra Pacific Electrical Contracting to increase compensation
by $15,000 to provide and install an additional 22 Mast Arm LED streetlights, for a total
amount not to exceed $715,000.
b) Execute an agreement with Southern California Edison to provide no-cost funding through On-
Bill Financing for 61 Mast Arm LED streetlights.
2. Approve an appropriation adjustment recognizing an additional $38,000 in funding from
Southern California Edison into the Energy Conservation revenue account and appropriating
the same amount to the Energy Conservation expenditure account for the installation of Mast
Arm LED streetlights.
DISCUSSION
The recommended action will allow the City to install 61 energy efficient Mast Arm light-emitting
diode (LED) streetlights which will improve roadway illumination levels and reduce energy
consumption. While 39 street lights had already been scheduled, these will now be financed along
with an additional 22 street lights installed and financed thru Southern California Edison (SCE) On-
Bill Financing (OBF) Program.
In January 2013, the City Council awarded a contract to Sierra Pacific Electrical Contracting to
install 1,123 energy-efficient Mast Arm LED streetlights at 298 signalized intersections. A portion
of the funding came from energy efficiency incentives and the balance is financed from the OBF
Program which funds certain preapproved energy-reduction projects at zero-percent-interest and
which is repaid using energy bill savings over a five-year payback period.
20D-1
Agreements with Sierra Pacific Electrical and SCE
to Provide, Install, and Fund LED Mast Arm Streetlights
September 3, 2013
Page 2
Twelve of the original installation locations involving 39 street lights did not meet SCE funding
criteria. However, staff subsequently negotiated with SCE to obtain approval of those 39
streetlights and identified 22 additional streetlights at 6 more sites. The installation agreement with
Sierra Pacific Contracting requires an increase of $15,000 to cover the amended contract cost.
SCE will fund the installation of the 61 streetlights through an additional $7,409 in incentives, and
$29,680 in OBF, for a total of $37,089. Payback for the financed portion of this project is estimated
to be about five years.
ENVIRONMENTAL IMPACT
Installation of the additional 22 LED streetlights will save an estimated 20,000 kWh annually. This
savings translates to a reduction of the city's carbon footprint by approximately 14.1 metric tons of
CO2, which is the equivalent of removing 2.9 passenger vehicles from the road.
FISCAL IMPACT
Loan proceeds received through the SCE On-Bill Financing Program will be deposited in the
Energy Conservation revenue account (No. 16217002-57384) and appropriated into the Energy
Conservation expenditure account (No. 16217630-62300). Loan repayments are available in
Account No. 01117630-62000.
APPROVED AS TO FUNDS AND ACCOUNTS:
Edwin "William" Galva Francisco Gutierrez
Interim Executive Di ctor Executive Director
Public Works Agency Finance & Management Services Agency
EWG/KW
Exhibits: 1. Amendment to agreement with Sierra Pacific Electrical Contracting
2. On-Bill Financing Agreement with Southern California Edison
3. Streetlight Location Summary
4. Photo - Typical Mast Arm Streetlight
20D-2
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 3, 2013,
by and between Sierra Pacific Electrical Contracting, a California corporation ("Contractor")
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into Agreement A-2013-015, dated January 22, 2013, (hereinafter "said
Agreement") by which Contractor has provided material, supplies, labor and equipment
necessary to remove and replace LED streetlights.
B. Additional funding has been awarded to allow the City to expand its LED streetlight
replacement program.
C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to include additional sites at which the current streetlights will be replaced
with LED streetlights and to increase compensation to pay for the additional material,
supplies, labor and equipment required to complete the work.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
I. Section I, SCOPE OF SERVICES, shall be amended to provide that Contractor shall perform
all services necessary to remove and dispose of existing streetlights, and furnish, install and
test new LED luminaries, in the light fixtures listed in the matrixes titled "Lights Originally
to be City Funded"; "Additional Lights"; and "Lights in Original OBF Funding", attached
hereto as Exhibit A-l, and incorporated by this reference. All such services shall be provided
in compliance with the Scope of Services attached to said Agreement as Exhibit A.
2. Section Il.a., COMPENSATION, shall be amended to increase compensation by $15,000, to
pay for the removal and disposal of existing and the furnishing, installation and testing of the
22 Additional Lights, as set forth in Exhibit A-l, attached hereto and incorporated by this
reference. The total amount to be expended for all services provided pursuant to said
Agreement shall not exceed $715,000.00 during the tern of said Agreement.
3. In conformance with Section 111, TERM, Contractor shall furnish and install all lights within
140 days of the Notice to Proceed issued by the City. The terms and conditions of this
Agreement shall remain in full force and effect through June 30, 2014, unless terminated
earlier in accordance with Section XII of said Agreement.
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
20D-3
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR KEVIN O'ROURKE
Clerk of the Council Interim City Manager
APPROVED AS TO FORM:
SIERRA PACIFIC
SONIA R. CARVALHO ELECTRICAL CONTRACTING
City Attorney
By:
Laura Sheedy (NAME)
Assistant City Attorney (Title)
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P.E.
Interim Executive Director- PWA
20D-4
EXHIBIT A-I
20D-5
Exhibit A-1
09 03 13 RFCA Modify Agreement with Sierra Pacific for LED Street Lights
Streetlight Location Summary
Address Quantity
Alton/ Fairview 4
Bristol/ Memory Ln 4
Dyer/ Grand 4
Dyer/ Npt Fray Nth Bnd 3
Main Street @ Sunflower Avenue 4
Lyon Street @ St. Andrew Place 4
Grand Avenue @ SR-55, S/B, Off-Ramp 3
Main Street @ Borchard Avenue 2
Home Depot @ MacArthur Boulevard 3
Dyer @ Bike Trail (E. of Flower) 2
Flower @ Bike Trail (S. of Dyer) 2
Newhope Street @ Hazard Ave q
.rr rt a i)t4' (
Pullman Street @ Warner Avenue 4
Alona Street @ 17th Street 3
Main Street @ Columbine Avenue 4
Boyd Way (Parking Struct) @ Civic Center Drive 3
Baker Street @ Edinger 4
Bristol Street @ Willits Street/Bishop Street q
20D-6
Exhibit A
CITY OF SANTA ANA
LED COBRAHEAD STREETLIGHTS
SCOPE OF SERVICES
SPECIAL PROVISIONS
The Request for Proposals calls for removal and disposal of existing luminaires;
furnishing and installing new LED street lights and all testing, including photometric and
energy consumption, to prove that furnished luminaires perform as specified.
The Contractor shall provide at its own risk and cost all labor, materials, tools,
equipment, and traffic control per the Work Area Traffic Control Handbook ("WATCH"),
transportation, hauling, dumping, and recycling of removed material as part of this
project. The City reserves the right to salvage existing luminaires. All salvaged
luminaires shall be delivered to the City Corporate Yard at no cost to the City.
Contractor shall install luminaries in conformance with Attachment 1, Leotek Proposed
Products.
1. FUNCTIONS AND RESPONSIBILITIES
A. DIRECTOR
The Director or his authorized representative shall have the authority to
accept/reject materials, workmanship and to make minor changes in work or schedule.
When the performance of the work or completion per schedule is determined to be
substandard, Director may 1) recommend that all or a portion of payment be withheld,
and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a
separate contractor, in order to complete the necessary work as close to schedule as
possible and withhold the resulting costs. Payment to be withheld shall be deducted
from the final payment due to Contractor, or if the amount is insufficient to cover
payment, Contractor shall be liable and will be billed accordingly.
The Director or his authorized representative shall decide all questions, which
may arise as to the manner of performance and completion per schedule, acceptable
fulfillment of the contract by Contractor, interpretation of the specifications, and
compensation to include completion of work by alternate sources.
B. CONTRACTOR
1. Local Office
Contractor shall maintain a local office with a competent representative who can
be reached during normal working hours and authorized to discuss matters pertaining to
this contract with the Director. Contractor will not be allowed to store equipment or
materials at any contracted area.
2. Submittals
Contractor shall submit to the Director for his approval, prior to commencement
20D-7
of work, 1) a detailed job schedule, 2) names and titles of all persons working on the
project, and 3) materials to be used on the project for approval. All submittals shall be
periodically updated as necessary. The Director shall be immediately notified of any
deviation from schedule or material usage.
3. Identification
All vehicles and equipment on the project site shall be properly marked with
company identification.
4. Licenses and Permits
Contractor shall, prior to award of contract and without additional expense to the
City, possess all licenses and permits required for the performance of the work required
by this contract, including but not limited to State License C-27, a City of Santa Ana
Business License, and a C-10 Electrical License.
5. Work Force
a. Contractor shall ensure that all work under this agreement is supervised by
personnel who are technically qualified and possess the management skills required to
implement modern methods and newly developed procedures.
b. Contractor shall ensure that all work under this agreement is performed by
fully qualified, experienced personnel, directly employed by Contractor or its listed
subcontractors. All subcontractors that will perform work under this agreement shall be
listed in Contractor's proposal. No other subcontractors shall be permitted without prior
written consent by the Director.
c. Contractor shall be responsible for skills, methods, appearance and action of
Contractor's employees and its subcontractors and for all work done. The Contractor's
employees shall be United States citizens and/or legal residents.
d. Contractor shall perform the work required pursuant to this Agreement under
the direction of the Director. The Director may make inspections at any time and may
request that the Contractor perform additional work or services to bring Contractor's
performance to the level required by this agreement.
6. Material
Contractor shall submit to the Director, a list of all materials that the
Contractor proposes to the use in the execution of this work. Said list shall be submitted
before use of any product, pursuant to the provisions of this agreement. All materials
used or submitted shall be in full compliance with all federal State County and local
agency laws, guidelines and requirements.
7. Recycling
All waste (including construction and demolition materials) resulting from
work performed under this contract shall be recycled. The Contractor will be responsible
for the disposal of all non-recyclable waste in accordance with all applicable local, State
20D-8
and federal laws and regulations. A recycling and disposal plan must be submitted for
approval prior to start of work.
8. General Maintenance and Clean-Up
All trash and debris shall be removed from all worksites at the end of
each day. The Contractor shall keep sidewalks and all paved areas in parkway swept
and cleaned of any debris, dirt, or soil.
9. Emergency Service
Contractor shall be able to receive and respond to the City's call for
emergency service twenty-four (24) hours per day, seven (7) days per week. Response
time shall be immediate but not more than two (2) hours to remove or eliminate a public
safety hazard. Contractor shall provide the City with a local telephone number where
Contractor can be contacted twenty-four (24) hours per day, seven (7) days per week.
20D-9
20D-10
On-Bill Financing Agreement
This On-Bill Financing Agreement ("OBF Agreement") is entered into on
20_, (the "Effective Date") by and between the undersigned customer ("Customer") and
Southern California Edison Company ("SCE") (each a "Party," collectively the "Parties").
Recitals
1. Customer and SCE entered into the Energy Management Solutions Incentives Application for
Business Customers on or about , 20 and if applicable, the Customized Solutions
Agreement (individually or collectively referred to as "EMS Agreement"), which is/are attached
hereto and incorporated herein by reference.
2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and
maintains a service account(s) with SCE for electric service. Customer has completed
installation of eligible energy efficient equipment ("Equipment") at the Site as set forth in the
EMS Agreement and has accepted the equipment as being operational and in good working
order.
3. In Decision 09-09-047, the California Public Utilities Commission authorized SCE to provide
zero-percent interest financing for the installation of certain energy efficient equipment, which
is to be repaid over a specified period through the Customer's electric utility bill(s) ("On-Bill
Financing").
4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On-Bill
Financing program and Customer agrees to repay SCE the Amount Financed (as defined
under "Loan Terms", below) through the Customer's SCE utility bill(s) pursuant to the terms
and conditions of this OBF Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
Parties agree as follows:
Terms and Conditions
Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF
Agreement without definition shall have the same meanings as are set forth in the EMS
Agreement.
Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for
the Amount Financed to Customer or to a third-party payee designated by Customer under the
Loan Terms, below. Customer's designation of a third-party payee may not be changed or
revoked.
Loan Terms:
Amount Financed ("Amount $ .00
Financed"
Interest Rate: 0%
Fees: 0
Months to Pay:
First Month Payment
Remaining Monthly Payments: $
Service Account to be Billed:
Designated Third-Party Payee (if
an :
Address of Designated Third-
Party
If more than one Service Account will be billed, information regarding the Service Account
number and monthly payment is included in Schedule A attached.
Form 14-792 Exhibit Z 1
05/2012
20D-11
Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly
installments as set forth in the section above and/or Schedule A (Customer's "Loan Obligation").
The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from
the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above.
Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled
"EE/OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s).
Customer may pay the Loan Obligation in the monthly installments or pre-pay the Loan
Obligation in one lump sum without penalty, but pre-payments for less than the remaining
balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly
SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in
full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the
SCE utility bill(s).
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 SCE's sole discretion. Any partial
payments will be applied in equal proportion to the energy charges and the Loan Obligation, and
Customer will be considered to be delinquent and in default of both the energy bill and the Loan
Obligation.
Late Payments: No late payment charges or interest will be assessed for delinquent payments on
the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of
energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference.
Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any
check returned from Customer's financial institution unpaid. The Returned Check Charge will also
apply to any forms of payment that are subsequently dishonored.
Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed
due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF
Agreement will be treated as a default under the Customer's Service Account(s). Customer's Loan
Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and
Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated
herein by reference.
Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF
Agreement shall constitute a breach under all of the above referenced agreements. For purposes
herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if
Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the
Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or
otherwise causes the termination of the Service Account(s), or (4) otherwise breaches this OBF
Agreement and/or the EMS Agreement, and the breach is not cured as specified therein.
Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth
in this section shall not be subject to any additional cure period. Following a breach as set forth in
this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation
immediately due and payable.
Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated
to, file a UCC-1 ('Financing Statement") against the Equipment to secure Customer's obligation to
repay the Amount Financed. Customer agrees to execute any and all documents in connection
with the Financing Statement in order for SCE to perfect its security interest in the Equipment.
Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer
should SCE elect to file a Financing Statement.
Form 14-792 2
05/2012
20D-12
Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's
attorneys, upon breach and default by Customer as described in the preceding section, to appear
in any state or federal court in Los Angeles County, California, as Customer's attorney-in-fact and
confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil
Procedure § 1132 at. seq., or by any other appropriate means, for the full amount due plus all
costs of collection, including without limitation court costs and reasonable attorneys' fees. No
single exercise of the foregoing power to confess judgment will be deemed to exhaust the power,
whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the
power will continue undiminished and may be exercised from time to time as SCE may elect until
all amounts owing under this OBF Agreement have been paid in full.
Modification: Any change to this OBF Agreement must be in writing and signed by Customer and
SCE; except that during any given month, if Customer is unable to make full payment on the Loan
Obligation, payment arrangements may be made at SCE's sole discretion without modifying this
OBF Agreement in writing. Any written modification or amendment will not be effective unless and
until signed by SCE or such condition is waived by SCE in its sole and absolute discretion.
Term and Termination: It is the Parties 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.
Assignment: Notwithstanding anything to the contrary in this OBF Agreement, Customer may
not assign its rights or delegate its duties under the Agreement.
Additional Representations: Each person signing this OBF Agreement represents and warrants
that he or she is duly authorized and has the legal capacity to execute and deliver this OBF
Agreement on behalf of Customer, and to perform 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 state
of formation.
Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions,
covenants, representations, warranties, agreements and conditions of the EMS Agreement shall
remain unchanged and in full force and effect. Should a conflict exist between this OBF
Agreement, the EMS Agreement and the documents incorporated by reference, this OBF
Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance
with, and shall be governed and enforced in all respects according to, the laws of the State of
California. This OBF Agreement may be executed in one or more counterparts, each of which
shall 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 as if
such invalid, illegal or unenforceable term or provision had never been contained herein and all
other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and
binding on the parties. The Recitals set forth above are hereby incorporated herein by reference.
[Remainder of page intentionally left blank]
Form 14-792 3
0512012
20D-13
IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective
Date.
Customer: Southern California Edison Company:
Authorized Representative: Authorized Representative:
Title: Title:
Signature: Signature:
Date: Date:
Business Address: Business Address:
Telephone No. Telephone No.
Fax No. Fax No.
E-Mail Address: E-Mail Address:
Form 14-792 4
05/2012
20D-14
SCHEDULE A
Customer Name:
OBF Loan Number:
Site Service OBF Billing 1' Monthly Remaining Monthly
Account Repayment OBF Loan OBF Loan Payments
Number Service Account Payment
Number
X-XXX- X-XXX-XXXX-XX $XX.XX $XXX.XX per month for X months
XXXX-XX
Total Monthly Repayment $XX.XX $XXX.XX per month
for X months
Form 14-792 5
05/2012
20D-15
20D-16
Streetlight Location Summary
FNENAddreSSNNWQuant1tv
Alton/ Fairview 4
Bristol/ Memory Ln 4
Dyer/ Grand 4
Dyer/ Npt Frwy Nth Bnd 3
Main Street @ Sunflower Avenue 4
Lyon Street @ St. Andrew Place 4
Grand Avenue @ SR-55, S/B, Off-Ramp 3
Main Street @ Borchard Avenue 2
Home Depot @ MacArthur Boulevard 3
Dyer @ Bike Trail (E. of Flower) 2
Flower @ Bike Trail (S. of Dyer) 2
Newhope Street @ Hazard Ave 4
Mt,t ,e` „eh .
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Pullman Street @ Warner Avenue 4
Alona Street @ 17th Street 3
Main Street @ Columbine Avenue 4
Boyd Way (Parking Struct) @ Civic Center Drive 3
Baker Street @ Edinger 4
Bristol Street @ Willits Street/Bishop Street 4
EXHIBIT 3
Amend Agreement with Sierra Pacific for LED Streetlights
20D-17
20D-18
Sierra Pacific Agreement
Typical Mast Arm Streetlight
Exhibit 4
20D-19
II
20D-20