HomeMy WebLinkAbout20B - AA - AGMT - STREET LIGHT IMPROVEMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 17, 2014
TITLE
AGREEMENTS WITH POWERLUX
CORPORATION, CALIFORNIA
PROFESSIONAL ENGINEERING, AND
SOUTHERN CALIFORNIA EDISON FOR
LED STREETLIGHT IMPROVEMENTS
�J
CITY MA ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the following agreements,
subject to nonsubstantive changes approved by the City Manager and City Attorney:
a) Amend the Agreement with Powerlux Corporation to provide an additional 231 LED Post
Top streetlights for an amount not to exceed $78,506.
b) Execute an agreement with California Professional Engineering, Inc., to rewire existing
high - voltage streetlight system and install LED post top fixtures for an amount not to
exceed $512,450.
c) Execute an agreement with Southern California Edison to provide funding through on -bill
financing for the LED streetlights.
Approve an appropriation adjustment recognizing up to $230,000 in funding from _Southern
California Edison into the SCE Energy Efficient Street Lighting revenue account, and
appropriating the same amount to SCE Energy Efficient Street Lighting expenditure account for
the installation of LED streetlights.
DISCUSSION
To advance the City's energy efficiency goals, a program was implemented to replace all City -
owned streetlights with energy- saving light- emitting diode (LED) lamps. In August 2011, City
Council approved a pilot program that installed 253 LED streetlights on Main Street and Edinger
Avenue. In January 2012, City Council awarded a follow -up project that replaced 1,123 lamps at
signalized intersections citywide. Funding for these projects was supplemented through the
Southern California Edison (SCE) On -Bill Financing (OBF) Program. This program provides zero -
percent- interest financing for eligible energy- reduction projects, and arranges for repayment using
energy bill savings.
20B -1
Agreements with Powerlux Corporation,
for LED Streetlight Improvements
June 17, 2014
Page 2
There are areas in the City's street lighting network, however, where upgrading to energy- efficient
standards requires additional work. Installed in the early 1920s, these high - voltage circuits and
low amperage systems are obsolete and have been a constant source of maintenance problems.
Additionally, the unique incandescent lamps used in the historic post top streetlights (Exhibit 1) are
not energy efficient and have a very short life, requiring annual replacement.
In 2010, Philips Corporation - -the only remaining manufacturer of these incandescent lamps- -
stopped production, leaving the City with a depleted inventory of replacement lamps and no
supplier. In 2011, staff began using conversion kits that reduced the high voltage to conventional
levels at each streetlight. However, that manufacturer went out of business, forcing the City to
accelerate upgrading the streetlight system.
In 2013, staff identified a twofold project to replace the historic streetlights and rewire the high -
voltage system. First, a Request for Proposals (RFP) was issued in March 2013 seeking qualified
vendors to provide the specialty post top LED lamps. Through the contract awarded to Powerlux
Corporation, the City is able to purchase the lamps directly from the manufacturer at a 30 percent
savings. The contract also provides the option to purchase additional streetlights at the reduced
rate as funding becomes available for future projects.
For the second part of the project, in June 2013, City Council authorized the Public Works Agency
to prepare an RFP for the design and construction of streetlight upgrades at various locations,
including the North Park and North Residential high - voltage circuits. These are the last of the
high - voltage systems in the city. The scope of work includes rewiring to a modern 240 -volt system,
installing LED lamps in the historic streetlight posts, and establishing new SCE service connection
points. The RFP was posted on the City's website on April 24, 2014, with the following results:
2 Proposals received
0 Proposals received from Santa Ana vendors*
* LED streetlights are a specialized industry. There are no qualified firms in
Santa Ana producing or installing LED streetlights.
The proposal evaluations were based on four factors: the proposer's experience, ability to
perform, past performance on similar projects, and the proposal base price. The final ranking is as
follows:
Proposer
Proposal Amount
Rank
California Professional Engineering, Inc.
$512,450
1
Aegis ITS
$540,770
2
20B -2
Agreements with Powerlux Corporation,
for LED Streetlight Improvements
June 17, 2014
Page 3
Staff recommends awarding the contract to design and construct the street lighting upgrades to
California Professional Engineering, Inc., the lowest bidder, in an amount not to exceed $512,450.
Staff is also recommending purchasing the 231 post top LED streetlights needed for this project
directly from Powerlux Corporation, at a 30 percent savings, through an amendment to the existing
agreement in the amount of $78,506. The estimated total project cost is $610,956, which includes
a $20,000 contingency (Exhibit 2).
Modernizing these high - voltage circuits is a complex and costly undertaking. To supplement and
leverage City funds, staff has applied for the OBF financing successfully used in previous LED
replacement projects. Because of its energy efficiency components, this project is eligible and has
received preliminary SCE approval for funding totaling $202,349: $183,919 in OBF financing; and
$18,430 in energy efficiency cash incentives, a benefit of the City's participation in the SCE Energy
Leader Partnership. Due to the high cost of rewiring the North Park circuit, a ten -year payback
period is projected for the OBF- financed portion of the project cost. All SCE funding amounts are
preliminary estimates. Final SCE funding will be based on actual energy savings measured after
the project is completed. In anticipation of greater energy savings than expected, staff is
recommending recognizing up to $230,000 in SCE funding. Funding for the remaining $408,607 is
budgeted in the General Fund Street Lighting account (Exhibit 2).
Replacement of the incandescent lamps with energy- efficient LED streetlights will reduce the
City's estimated annual energy consumption by over 67,000 kWh. At the end of the OBF payback
period, this project is estimated to reduce General Fund energy costs by approximately $10,590
annually.
ENVIRONMENTAL IMPACT
A Categorical Exemption (ER- 2014 -26) has been filed for this project.
FISCAL IMPACT
Loan proceeds received through the SCE On -Bill Financing Program will be deposited into the
SCE Energy Efficient Street Lighting revenue account (16217002- 57384) and appropriated into
the SCE Energy Efficient Street Lighting expenditure account (16217630- 62300). Funds for the
balance of the project are available in Account 01117630 - 66220. Loan repayments are available
in Account 01117630- 62000.
Edwin "William" Galvez, P.E.
Interim Executive Director
Public Works Agency
TITNA
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez {rr�
Executive Director
Finance & Management Services Agency
411W -
Agreements with Powerlux Corporation,
for LED Streetlight Improvements
June 17, 2014
Page 4
Exhibits: 1. Photo — Typical Post Top Streetlight
2. Cost /Funding Analysis
3. Agreement Amendment with Powerlux Corporation
3A. First Amendment with Powerlux Corporation, A- 2014 -057
3B. Powerlux Corporation, A- 2013 -137
4. Agreement with California Professional Engineering, Inc.
5. Sample On -Bill Financing Agreement with Southern California Edison
TYPICAL POST TOP STREETLIGHT PHOTOS
EXHIBIT 1
r1-
rI-
COST /FUNDING ANALYSIS
PROJECT COSTS
California Professional Engineering, Inc.
Contract Base Price $ 512,450
LED Lighting provided by the City 78,506
Contingency 20,000
TOTAL ESTIMATED PROJECT COST $ 610,956
PROJECT FUNDING
CITY FUNDS (General Fund) 408,607
SOUTHERN CALIFORNIA EDISON
OBF Financing $ 183,919
Partnership Incentive 18
Subtotal SCE Estimated Funding $ 202,349 *
TOTAL PROJECT FUNDING $ 610,956
Final SCE funding is based on actual energy savings measured after project is
completed. Council Action provides for up to $230,000.
EXHIBIT 2
20B-7
ri-
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 17, 2014 by
and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a
charter city and municipal corporation organized and existing tinder the Constitution and laws of
the State of California ( "City ").
RECITALS:
A. The parties entered into Agreement A -2013 -137, dated September 3, 2013, (hereinafter "said
Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries.
B. By Amendment dated February 18, 2014, the City and the parties extended the term of
said Agreement.
C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to include additional streetlights that will be replaced with LED streetlight
luminaries and to increase compensation to pay for the additional luminaries provided.
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:
1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights
purchased by a total of 231. The section shall read in full as follows:
"Vendor shall furnish and deliver to the Santa Ana City Yard; 215 S. Center St., Santa
Ana, California, 645 new LED post top retrofit streetlights which conform to the
specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said
Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for
photometric conformance and power consumption. In addition, Vendor shall provide a
five (5) year warranty for any and all materials, supplies, labor and equipment provided
pursuant to this Agreement.
If additional funding is secured, City retains the option to purchase additional streetlights
at the unit price set forth in Vendor's Proposal."
2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"The City agrees to pay, and Vendor agrees to accept as total payment for said
streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight
delivered and successfully tested. The total sum to be expended under this Agreement
shall not exceed $225,506 during the term of this Agreement."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
Exhibit 3
rI- •
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D. I VIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Ey:
I ph Str ca
ssistant City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P.E.
Interim Executive Director - P WA
20B -10
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
POWERLUX
KENNETH LAU
President
Proposal for City of'Santa Ana
.Request, for Proposals for LED Post -Top Retrofit Streetlights
Project #I3 -009
Submitted by: PowerLux "f` Corporation
Kenneth Lau, LC
Factory Address: 1260 Liberty Way, Suite F
Vista, CA 92081
Mailing Address: 2588 -F El Camino Real, Suite 333
Carlsbad. CA 92010
Phone: (760) 727 -2360
Fax:: (760) 434 -4766
Project Manager: Kenneth Lau, President
Cell Phone: (760) 458 -8930
Email: Idpowerlux@gmail.com
I am legally authorized to bind this proposal. I acknowledge receipt of all addendums.
Included in this RFP is cashier's check 110230011720 for $7,700.00 for deposit bond.
Kenn th Lau°
Date
Exhibit A
20B -11
t
i'
werL xl') Cmr1 tnratiutt
The Brightest way to Sava; T"
1260 Liberty Way, Suite E
Vista, CA 92081
(760) 727 -2360
May 6, 2013
City of Santa Ana
Kurt Wiemann, Public Works Agency
3rd Floor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: Project #13 -0096 Request for Proposals for LED Post -Top Retrofit Streetlights
Dear Mr. Wiemann:
PowerLLI, Corporation is pleased to submit this REP for LED Post -Top Retrofit Streetlight far the City of
Santa Ana. PowerLuxo Corporation, a California certified Small Business (SBE) is based in Vista, California.
We are a manufacturer of sastainable and heat sensitive energy efficient lighting products since 1994. The
Company is the manufacturer of the patented PowerLux'o line ofelectronic ballasts, adaptors and luminaires for
Compact Fluorescent Lamps ( "CFLs "), Eleetrocieless Induction Lamps ( "Induction ") and LEDs. PowerLuxt
uses its unique and intimate knowledge ofelectronics in designing luminaires with sustainability.
We also .specialize in cashnn designing and retrofitting Iwninaires for other customers including retrofitting
historical street lamps in the City of Orange and City of Riverside. Conversions have led to high energy savings
while maintaining the distinct image of each locale. PowerLuxu' has also completed projects for Bay Area
Rapid 'Transit (BART), City of Los Angeles, University of California Los Angeles, Camp Pendleton; Walt
Disney World, Macy's, Pearl Harbor, and Fashion Island Shopping Center in Newport Beach.
As President of PowerLu2', I will be the primary project manager for this project. I pride myself in developing
sustainable and quality lighting products that have and will stand the test of time. We look forward to the
Opportunity of establishing a relationship with the City of Santa Ana. Please feel free to contact me if YOU
require additional in'Fornnation or have any questions regarding this submittal.
Sincerely,
Kell LC
President
PowerLtrx'4 Corporation
20B -12
PowerLuO C'orporatiora
The Brightest Way to Save! TM
1260 Liberty Way, Suite E
Vista, CA 92081
(760) 727 -2360
May 6, 2013
City of Santa Ana
Kurt Wiemann, Public Works Agency
3rd Floor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: Exceptions and Deviations Project 413 -009
Dear City of Santa Ana:
PowerLux`a pioneered thermal management for electronic lighting products for over 19 years. Our Power Rimy', which
we received Department of Energy grant money, was first introduced in 1994. Power Rime is a success story of DOE's
invention and innovation program.
As a company policy, Philips offers across the board 5 -year warranty on all LED modules. Philips is being a
conservative and financially responsible 100 year old company. They are the largest foremost leader of lighting in the
world. Philips is a leader in Power LED for lighting and own majority of LED patents. Based on PowerLux thermal test
results on the Fortimo HBM module and the maximum temperature in Santa Ana, our findings is the Post -Top Retrofit
we are offering the City of Santa Ana could have a 2 -4 times rated life. This is based on every 10 °C reduction in
operating temperature; the electronics life will be doubled.
The RFP asked for color temperature of 2700 — 4000K. At this time, Philips does not have stock on the 54W/740 —
4000K module. PowerLux installed a 54W/757 -5000K module for sample purpose. If we are awarded the bid, Philips
will have the correct color temperature available for us to install in the retrofit. For your information, based on scotopic
visual performance, 5000K will give you more depths of field and S/P ratio of 1.96 over 4000K S/P ratio of 1.61, a 22%
increase in visual performance.
Om' alternative bid DoraT "' LED Refractor can boost downward light by 60% due to unique Lid and prism controlled
optics. This Lid can also limit the uplight and meet Dark Sky ordinance while perforated version can give decorative
glow of the globe and see tree leaves too. DoraTM is a Made in USA product. City of San Marcos upscale San Elijo
Town Center has The DoraTM installed.
Submitted samples do not inehtde surge protectors. However, they are included in the final products.
Sincerely,
Ken Lau, LC
President
Powerl-ux"D Corporation
20B -13
ALTERNATE PROPOSAL
LINE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED TOTAL
1 I 70W EQUIVALENT- Provide Only I 140 EA I � t ,r.,
For Concrete Poles V
2 I 150W For Concrete Poles a Only I 120 I EA I `. � , V C)
S 150W EQUIVALENT- Provide Only yq EA
For Steel Poles
Total Extended Cost - Written
cs (o
'CQ 7 1-M
2A t`"t toorof
v,c0
LEGAL NAME OF COMPANY � P ONEA4ND(�FAX�tNUM(}Bf�ERS
Q5—% — T V-7 \ \ r ry �
n e1`�k) ii s.A rat - t 4° \mob
NAME OF AUTHORIZED AGENT
TITLE
Coyv
SIGNATU E OF AUTHORIZED AGENT DATE E -MAIL ADDRESS
?�� (�) 10%0\ \ Lo 0- K\1 N_
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE.
RFP FOR LED COBRAHEAD STREETLIGHTS
20B -14
�
ALTERNATE PROPOSAL
2 1omm EQUIVALENT-Provide Only 120 ex -�L4o
PRINTED NAME OF AUTHORIZED AGENT
S|GNATOREOp AUTHORIZED AGENT
FEDERAL ID NUMBER (I� APPLICABLE)
TITLE
L\
L'MA|LxDDRESS
&x/l\
CONTRACTOR
NUMBER (IF APPLICABLE)
I THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL.-------]
PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE.
RFP FOR LED COBRAHEADSTREETLIGHTS
��U� ��
��U��U �
EXHIBIT C
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if
required. The City reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
Reference
CustomerNameQ&-\-e1a 6r Contact lndividua,: 1�(1q�yg2
Address: \�0 Ci \� Phone Number; � , _ CI "1 C cioi
`aac t C�_�( 1Ov 'acsimile Number:
Contract Amount: ��C C7 i QC-)C) Year: Q 00 At, a
+�Description of supplies, equipment, or services provided: \ '
Reference
Customer Name:'-A L-A
Address: -0 55 1 C Cr Ly i V � c1
������
clzA\ R S
ContractAmount:�(��
Description of supplies, equipment, or services provided:
Contaotlndividualz .\e^�C��KCR \1�5
Phone Number: ?'f \C31
Facsimile Number:_ o �'
Year:
Reference �` "`_c,
Customer Name; \Ckc, a � c Jcontact Individual:
kZ� QS
Address: Ga`D &—Q Phone Number! a
'� 1'141)
Contract Amount: 151(�`%(i c)
Facsimile Number:
Year: -C9a_ {P?—��41
Description of supplies, equipment, or services provided:
f P-lz t o kxf ®v- L"Nc�..�c ,
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 118
20B -16
EXHIBIT D
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted
by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City
only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and
official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly
authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its
execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United
States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City
all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and
City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly
agreed that the proof of damages actually suffered by City is difficult to ascertain: otherwise said funds, check
drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required
insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of
this RFP. ((�r
Firm -i� k%L. \ rzc�rSK raac�[ n
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE,
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 119
20B -17
EXHIBIT F
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE
\"rcknv. acr"Q —V
1. How many years has your organization been in business in California as a coaatpaetor under your present
business name and license number? \.':kCA�A
If you performed same business under a different business name with same ownership and operation
management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete
an additional and separate questionnaire.
2. What is your firm's average gross revenue for the last three years? $
3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes 'N No
If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.
�-
-t(A W((-\ M1 A
Case Number Bankruptcy Court Date Filed
Was your firm in bankruptcy any time during the last five years? (This question refers only to a
bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes 0 No
If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed.
�, uA
Case Number l � or
er Bankruptcy Court Date Filed
5. Has any California State License Board license held by your firm or its responsible managing employee
or responsible managing officer been suspended within the last five years? ❑ Yes 9 No
6. At any time in the last five years, has your firm been assessed and paid liquidated damages after
completion of a project, under a services contract with either a public or private owner? ❑ Yes Vi No
7. Has your firm ever defaulted on a contract? ❑ Yes 'Y� No
If "yes," explain on a separate page.
B. In the last five years has your firm, or any firm with which any of your company's owners, officers or
partners was associated, been debarred, disqualified, removed, or otherwise prevented from biddin on,
or completing, any government agency project for any reason? 71 Yes No
If "yes," explain on a separate page. State the name of the organization debarred, the year of the event,
the owner of the project, and the basis for the action.
9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed
in court or arbitration? ❑ Yes X No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of
the claimant, the name of the entity the claim was filed against, a brief description of the nature of the
claim, the court and case number, and a brief description of the status of the claim (pending or, if
resolved, a brief description of the resolution.)
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 122
20B -18
10. In the past five years, has your firm made any claim against a project owner concerning work on project
or payment for a contract, and filed that claim in court or arbitration? El Yes " No
If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of
the claimant, the name of the entity the claim was filed against, a brief description of the nature of the
claim, the court and case number, and a brief description of the status of the claim (pending or, if
resolved, a brief description of the resolution.)
11. At any time during the past five years, has any surety company made any payments on your firm's behalf
as a result of a default, to satisfy any claims made against a performance or payment bond iskue,4 on
your firm's behalf in connection with a project, either public or private? ❑ Yes ;8 No
12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the inpurance
policy for your firm? r] Yes `�(l No
13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a
criminal action, for making any false claim or material misrepresentation to any public agency or entity?
[I Yes A No
14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state orixne of
fraud, theft, or any other act of dishonesty? [] Yes No
If "yes," identify on a separate page, the person or persons convicted, the court case and number, the
crimes and the year convicted.
15. If your firm was required to pay a premium of more than one percent for a performance and payment
bond on any project(s) on which your firm worked at any time during the last three years, state the
percentage that your firm was required to pay. You may provide an explanation for a percentage rate
higher than one percent, if you wish to do so.
16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there
ever been a period of time when your fine had no surety bond in place during a project when one was
required? ❑ YesX No
17, Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serf us,"
"willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes No
(Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board
has not yet ruler,) on your appeal, you need not include information about it.)
If "yes," on a separate page describe the citations, the party against whom the citation was made, date of
citation, nature of the violation, project on which the citation was issued, owner of the project, and the
amount of penalty paid, if any. State the case number and the date of any OSHAB decision.
18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties again t the
contractor or its associates in the past five years? ❑ Yes No
(Note: If an appeal of the citation has been filed and the Appeals Board has riot yet ruled, or there is a
court appeal pending, you need not include information about the citation.)
If "yes," on a separate page describe the citation, the party against whom the citation was made, date of
citation, nature of the violation, project on which the citation was issued, owner of project, and the amount
of penalty paid, if any. State the case number and date of any decision.
19. During the last five years, has there been more than one occasion in which the General contractor or its
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Pa e 23
20B -19
associates have been penalized or required to pay back wages for failure to comply with the federal
Davis -Bacon prevailing wage requirements? E Yes �' No
If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of
its completion, the public agency for which it was constructed, the number of employees who were
initially underpaid and the amount of back wages and penalties that were assessed.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS "THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 124
20B-20
05/02/2013 14:15 17607279332 POWERLUX CORPORATSCN PAGE 01/01
EXHIBIT G
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
NONCOLLUSION AFFIDAVIT
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the GITY,OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7100 the proposer
declares that the proposal is not made In the Interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that
the proposer has not directly or indirectly induced or solicited any other proposer to put In a false or sham
proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or
anyone else to put in a sham praposat, or that anyone shall refrain from bidding; that the proposer has not in
any mariner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
proposal price of the proposer or any proposer, or to fix any overhead, profit, or coat element of the proposal
price, or of that of any other proposer, 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 proposal are true;
and, further, that the proposer has not, directly or indirectly, submitted his or her proposal 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 proposal.
Noke: The above noncolluslon affidavit Is part of the proposal. Signing this proposal on the signature portion
thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a
false certification may subject the certifier to criminal prosecution.
affirmed) before me. on
proved to me ni the
\AV I z,,
Notary Puloh Si6pature
PROPOSALS
XIAOFFI WU
Commission a 1985329
Notary Public - California
L05 1100 as County
M .Comm. Ex 1 as, Au i 20.16.
Notary Public Seal
_, 20,, by
IM person(s) who
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 125
20B -21
EXHIBIT
CITY Of SANTA ANA
REQUESTFOR PROPOSALS FOR LEO POST TOP RFTROFIT STRE57LIGHTS
|vmwmumw, Company
This $nd0rsomen!nwdifleemuokh6mnNnceamIsaffommUhy the pmvslo8*$f Policy #
1
The Oily of Santa Aria, its ilffiso
aQmn|u v"\ootOO, And ���rOsOn%lixo� Are n*�x»mm*mnnxmno.msnrwn*\"aum/vv/"alv/nwrvV/with
rwga,d' in �!!ab||dyxnddefenseof*urtGWdsingfrVno1haopwrat|vomando,wopwrh>nnwUbyoronb"kmKmf
the named insured
% \0ithrws taobknmd�ingout b�)�af the nmnx:
insured, 'such insurance mo.�is Afforded i primary and io not additional tnnr contributing with
tiny other N^u,mnuw carried byur for the bwneyilwf mamdd|f'mum|insureds,
3 This }nsu[enomaomU"8&epa,ateytowuvbmau red m ,t wh0n)cGkn|e muudHorwu|t|sbruuQMexcept
w/iti`/esp$*/\4t~"0n)pm\ys |[[/lUts 0y{|mN(|Lg. T|lm\nu|um|ontKaArW*'nOrm9A"iz0tioo$$$ninovrpd
$hat. riot affect arly right Which such person or rirpnizaticln YiQtjfd have as a riainiant if riot so Included.
4 \k�hr���orto|h*mddRmoel nsuredt.thWIn8urynmeohmU not hOomn00l*d reduced in or limitt except after thirty C3 diys written unpile has been olv8nt^ rho City of Santa Ana,
1U Civic Cnnfm, Ram Santa Ana, Cu!|forn|u82/01
(compiption of the followIng
EMettiYe,
P011oy#°
issued to
Courrorsignod by
countersignature, k1 required k, make, 1h{mandnmmwnt
�
thiupnoorsemm form asaPart of
-TLIWITS Page 120
OR LED POST 50'RVJRi�pff STREE
Sections 2: Product Checklist
Item
Description
Required
Response
Product manufacturer
Yes
PowerLux Corporation
Product model number
Yes
PLED M R/P R R/DV/P R L/N R/S/9/4000/740/120-277/SA
A,1
How long has your company been
manufacturing LED retorflts for
decorative street lights?
Yes
over 5 years
A.2
How long has this rnodel /generation
been produced?
Yes
Custom designed for City of Santa Ana
A.4
Warranty (in years)
Yes
5 years
B.3
Luninalre ambient temperature range
Yes
-40 (min), 55 (max) C
B.4
How many hours ASTM 6117 testing?
Yes
N/A no painted metal surface
C.1
LED manufacturer and model number
Yes
Philips Fortimo LED HBMt 4000 35W/740 (Gen 3)
C.3
CCT ( °K)
Yes
4000K _.
C,4
CRI
Yes
70
C.5
Projected L70 life (hours)
Yes
80,000 hours
D.1
LPW
Yes
114.29 (module) 99.26 (system)
D.2
IES Photometric Testing to LM -79
Yes
IES LED module photometric on flash drive
D 3.a
Total Luminous Output
Yes
4000
D.3.b
Photometric Layouts
Yes
Custom designed for City of Santa Ana
(available after contract)
E.1
Available input voltage range(s)
Yes
120V -277V
E.3
Driver rated life and max case temp
Yes
100,000 hours and 80° C
E.4
Surge protection level?
Yes
10 kA and 10kV
P11
NRTL File Number
Yes
Available from Philips
F.2
Is factory 19009001?
Yes
Yes
F.3
Is product RoHS compliant?
Yes
_
Yes
F,4
Is product on DLC QPL?
Yes
N /A, custom designed for Ot of Santa Ana
GA
Are all requred documents included?
Yes
Yes
20B -23
Section 2: Product Checklist
Item
Description
Required
Response
Product manufacturer
Yes
Powerl-ux Corporation
Product model number
Yes
PLEDDR/ PRR/ DV /PRL/NR/S/9/6000/740/120.277/SA
A,1
How long has your company been
manufacturing LED retorfits for
decorative street lights?
Yes
over 5 years
A,2
How long has this model /generation
been produced? _
Yes
Custom designed for City of Santa Ana
A.4
Warranty In years)
Yes
5 years ^
B.3
Lunlnalre ambient temperature range
Yes
-40 (min), 55 (max) C
B.4
How many hours ASTM B117 testing?
Yes
N/A no painted metal surface
C.1
LED manufacturer and model number
Yes
Philips Fortimo LED HBMt 6000 54W/740 (Gen 3)
C3
CCT ( -I<)
Yes
4000i<
C.4
CRI
Yes
70
C.5
Projected L70 life (hours)
Yes
80,000 hours
DA
LPW
Yes
111,11 (module) 103.49 (system)
D.2
IES Photometric Testing to LM -79
Yes
IES LED module photometric on flash drive
D,3.a
Total Luminous Output
Yes
_
6000 _
D_3.b
Photometric Layouts
Yes
Custom designed for City of Santa Ana
(available after contract)
E.1
Available input voltage range(s)
Yes
120V -277V
E3
Driver rated life and max case temp
Yes
100,000 hours and 80° C v�
E.4
Surge protection level?
Yes
10 kA and 10kV
F.1
NRTL File Number_
Yes
_
Available from Philips
F,2
Is factory IS00_9_001 ?_
Yes
Yes
F.3
Is product RoHS compliant?
Yes
Yes _
F,4
Is product on DLC QPL?
ry Yes
I N /A, custom designed for Clt of Santa Ana
G.1
lAre all requred documents included?
Yes
lYes
20B -24
a �
°�v
T �
F-
Z u
O Qp o
C
�,
Z
NE •[U
�LU LU
_
(j
"
>
z0 Q V) 7 a
a u x =) °o
CL
= _
?
LL. F ce <C
y
�J
O <S ti
.. 6
W
J
o CL � Lu
�
o
V H� U]
00�a��&2
OR
0 F`M
v��-, OZa�a�•�
u�J
�i'u
�'�
Inc
z�egg
Qpe�0ti!
q C O.08
9gAW >
°��rY
3 aQa
os0 oCf0
OO a�.n+
U N N3�
U
U
4u_ 0=
Gd C�Q
F
Z Zp>.aZO
�
M
zd w-
z a0z0Riz Ri
o
CL
0Q
(
a ZOO Kp
O=000 :O
m
�xutix
w UC,-
OZ-'pp�
u� z
a�<w0,0�
O w��
G
a
15 W
N
E
EiO
U
Omar Noi c
44.�L Oq qCi'._ TU
'OO
Ca �+-
'�•�"a
pp
FN `N Lad
H'so��Q
p�o
WL�
JW
�l0 Oa�gN Lr°
'00�NN C
pt
�u
22
QC- E'\OCC aC�N UFO
ilU
aoNou
13Q
rcc�.SQ
Piz
O1t4 O-Q�.n�tEn�
�nECy
�oEo
oW
=ryry'oG ;oo°a c3
WEiyC
�a`�'n�e
�
J
VlC �ca°io Ei0S
G RG�N
mc3
z• -, 0 L°cAVx�
Ooo�m� =O Oro
�y
"i
U 3 .� E oas
i=tltla)
D°a�Ey,m -woc �,a(D
crosi53
d) --
Lf1
Cq p:0 >q VL1.'r.J�3
N W.'�
W.'G � N N
in
2�c'ii >Q,v
H• -f0 �q t9'O G'Gi MLUOU
TJW�
C
W G
k'"'NS fCS
O` p
PGw�
PW
Lf1
+N..[_�v
0.- N-O CC�J ('�/7Ga�i
'S
i
NO"
of
(l
H e a c °.5 a.0 O;t i7
ill.
DR
JFCC+ GPo
Z IO�VI 'NCS
bU
ui ^�N:G
OJbOC�Nm?p'
WW
5ra � x.* Santa Arses
LED MariarM Custom Retrofit
MARIATAO DIMENSIONS
IES FILE PHOTOMETRIC DATA
Available on request
PACKING DATA
19 "x19 "x26" Weight 12lbs.
jI
Finial
ORDERING INFORMATION and SELECTION
Caldl�bgiF-
PLEDMRIDVIBI91400017401120 .27718A
Type
]sroNot E
Clry ol'Sanfn Ann. Pro.ieot413 -009
4000 Output
34oCe
Dafp ,
I repo, ed hy,
APPLICATIONS
Custom designed exclusively for City of Santa Ana
SPECIFICATION FEATURES
• °anm�aa:A " %,apst' "" Mada' features a traditional turn of the
century shape
• Available in acrylic or polycarbonate
• Type V distribution, optimized for efficient light performance
• Designed for pole height between 10 and 20 feet
• B" or 9" base diameter
• Overall weight is reduced for easy installation and
maintenance
• Finial available In black, gold or custom color
• Made in the U, S.A.
LED SYSTEM FEATURES
• Thermally designed for 60,000 hours operation
• Direct downward lumen: 4000 or 6000 lumens
• System wattage; 35W (4000) and 54W (6000)
• Efficacy: up to 111- 114lm/w
• Comfortable superior quality LED light
• Instant ON and instant re- strike with back -to -full brightness
feature
• CRI > 70
• Universal voltage 120.277V
• 2 -fovel dimmable driver tip to 80% power reducer to save
energy during inactive times. Works with 0 -10V control and
sensor system.
• Philips Fortimo LED Module is a Green product containing
no mercury
• Product reliability and a 5 -year Philips system warranty
Philips Porlimo LLD High Brightness Module
Model No.
Refractor (f2R)
Gisfrlbution
Finial
Base
4000 Output
0000 Output
T e uDL
Lumen
Lumen
_
PLEDMR
Polycarbomd" (P)
V
Blacic (8)
8"
54WI7401S
Acrylic(A)
Gold (G)
9"
_35WI740K
15V/757K
_
54W/757K
Pad Number Example, PLEDMRIDVIB /91400017401120- 2771SA
Deccriptlon, PbwerLux Santa Ana LED Marla Custom Retrofit, Polycarbonan Refractor, Dlstrlbutlon V, Bloch Finial, 9" base, 35W, 4000K 120�277V
Corporation
US /Manufacturer of Sustainable Energy Efficient Lighting Products
1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760 - 727 -2360 Fax: 760 - 434 -4766
Website: www.powerlux.com E-mall: klpowerlux @gmall.com
P ,•x g s Products Have Stood the Test of Time!
20B -26
130506
Palenfs ro"diog
Specllfoelfons subject to obsnge without pno,'rotoo
®2010 by Po,merWx Corparafloa Alttvhts,es•,vatl
z
st Q ® zQ.
��ro,VpC1 4Ml <r ru
N N
�W Q �y
Z
Is> �0 Q0 "
NJ Cl- ,0
o J V X
0LLI
LIJ
IN Q �o
rL ra a j w af q S
O= M S C O IL
<-
mvC78o> � im Oho MML
tin �� icii i � � a
woa4�
oL ==mC oVdd
U.1.'uJ t7 4'h .�.
g 2 Sp
p y
r® 2 zQ n
62 , �'z „oa
O gOZp�z
}mod z (100,rc
atT Q
�Mx
y.o° -nm-.6 � 2�=Z �mc�5 z3�c f
v-0,VB 8�v 0
0 z�ow o
°m 3 § a- Cla��a.
vv v
o� a v
ai ro P3 c c ,—% m F- v
F'° N.`. a
° L E Z v aJ �O yj
v1 � EI
-IJ ro
C Oi Cc°CO
S I�0'o 5G '°N
I'M ! O `C tV Ufi A
C
OG r 0,t'O
L” wo o U �Ii Vii p >. G O
a ,Cm
imm C9cM ,'%nQ mN!a.a°umaj mu°w' ,u o
ECy a�roav o aaQ�`c�rgpOp`°c3
y C #i al �ccn jGalp EU P-2
CJ Nom+ mac p UT3 c =QLo c3o
N
�gp,fi rid— °douu3p� a°
till r4 C ( O u a P2
G F,.M dY G% .° .N H!^ �?� O$Ta2'2in OO ,w,u O'c
G�i1;4W� 41 - vpoc¢�cc�
Vl c .� v s +- m o
IE
o 0o
NZ R � m O W4�-. U.O V��c
dj '- 6 41 c_ G ®p m in = u c
O (�,' � iU ^C m J - 4 'G .A CS �,r' O's ,G �
2 m��z u�a wa°Fcw e��i 8'n E�H m' OQ
PowerLuxO Santa Ana
LED Dora' Custom Retrofit
DORA1. ASSEMBLY
Reflector Lids
µ.... clamp Band
IkMxcem.. -u+,
A . ..... ....- .._ .... . spike Flnlel (Aeeesmry)
4n +------ - - - - -- Flame Finial(Accamory)
Clear, Prlamalir. Acrylle ar
Polycaifiante Top
PerPol'et d of Nn lated
Rofloctor Lid (Asessary)
vlq "' f s t CI ®ar, Pdsmafk Acrylle or
- Polycarbonato Rafrador
E lJr� e" or 9" base
';9 + --- -- Neck Ring (Accessory)
IES FILE PHOTOMETRIC DATA
Available on request
PACKING DATA
19"x19 "x28" Weight 121bs.
ORDERING INFORMATION and SELECTION
H! ,0 ?-
PLEDDRIPRRIDVIPRL INRISI9160000401120- 2771SA
Distribution
T e D
S
a �uji6 �i P(
City of Sent¢ Ana Project N13 -009
base
4000 Output
Lumen
6000 Output
Lumen
PLEDOR
E
._
Pedorafed (P)
APPLICATIONS
• Custom designed exclusively for City of Santa Ana
SPECIFICATION FEATURES
• Fawa tLux°" Dora" Refractor and Prismatic Top feature a traditional turn of
the Century shape and state of the art photometric performance
• Available in acrylic orpolycarbonate; Type Ill or Type V distributions. Este are
optimized for efficient light performance
• Reflector lid Is an stuminum reflector which fits between the Prismatic Top and
Refractor
• Reflector lid allows just enough upllght for a pleasing glow— decreases upllght
304091 and increases downllght by 20 -25Y
• Aluminum raflector lid designed for maximum photometric efficiency and
optimum light distribution which compiles with Darlc Sky Ordinance when used
with sitherperfarated or non - perforated lid options
• Clamp band included for attaching Refractor and prismatic Top
• Finial avallable in Flame or Spike (black or custom color)
• Designed forpole height between 10 and 20 feet
• 6" or W base diameter
• Overall weight is reduced for easy installation and maintenance
• Neck ring to protect refractor from metal screws
• Made in the U.S.A.
LED SYSTEM FEATURES
• Thermally designed for 50, 000 hours operation
• Direct down ward lumen, 4000 or 6000 lumens
• System wattage: 35W (4000) and 54W (6000)
• Efficacy up to 111- 1141mAw
• Comfortable superior quality LED light
• Instant ON and Instant re- strike with back -to -full brightness feature
• CRI > 70
• Universal voltage 120 -277V
• 2 -level dimmable driver up to 60% power reducer to save energy during
Inactive times. Works with 0 -10V control and sensor system.
• Philips Fortimo LED Module is a Green product containing no mercury
• Product reliability and a 5 -year Philips system warranty
F W
n �
Blow Molded Arol'n Dora" Rated
Uptight: 462% Uptight: 11,66° %(red ed 7"V
Downlight: 45% Downlight: 72%n (In, roved by_6M
Maximum Candela: 1445 Maxlmum Candela', 2977 0moroved by 106 %n)
Model No.
Refractor (RR)
Distribution
T e D
Reflector Lid (RL)
Neck
Rln
Finial
base
4000 Output
Lumen
6000 Output
Lumen
PLEDOR
Polycarbonate (PJ
Pedorafed (P)
NR
Flame (F)
8"
35WI740K
2/740K
Acrylic (A)
V _
Non. Perforated (N)
Spill (S)
9"
35WI757K
54WI757K
Part Number Example: PLEDDIPRRIDVIPRUNRISI9 16000(7401120- 2771SA
Description: PmerLux Santa Ana LED Dora Custom Retrofit, Polycarbonate Refractor, Dlslributlon V, Perforated Reflector Lid, Nock Ring, Black Hinal, 9" Base, 54% 4000K 120 -277V
peg rLu `id Corporation
US Manufacturer of Sustainable Energy Efficient Lighting Products
1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760- 727 -2360 Fax: 760 - 434 -4766
Website: wvvw.powerlux,com E -mail: klpowerlux @ginaitcom
190503
R'ca`x•re'rLit,grah Products Have Stood the Test of Time! Patents pending
speciricatlons subject to change wlthoul slor notice
0) 2010 by Pawerlhk° Corporation. All ngMS ressrved
rl-
�".
O N
7 N
67
N
% M
E
N
Z ,-
0 � W
N
dN- N
d.,
7
o
C L�
O O N
Ln
00
O N
co o d-
V
((Qp
w
O ?
�a
t�6
a
g>
ti
w
a
c
o C E
Lim N
N CL
( 1) QI
L
F
w
Z
p
a)
E
C
O
LU
M `�
o
~
F-
4
U.
a
1w O � a
W Q ,4
Q na w
o
W CL
a
y
O
N
Ln
N
u 7
EE
o
xQN�yg
mo
LE
ac 2z
a
E�°�A
�Garo
<uo
E z�w
_r¢z
w zy�a
z
O
U Zn �ni
ow¢Q a
❑
UU��
Z z�0� O
Q Ow OZarx
? F?O .0
� ¢yUQwU
Oz
M
C 0
O W 0
j3j
.F.�
a
m
F
E¢ o
LU
COi XN
EE
o
0
^M oz
a
n
LC C°o
aC7a
o, E o
�U
M
E
'F
°E
C
CLL
°N.. M
O
N I^.
C.:
M
lD
ll'1
i
Otil
C C
Ln
N
m O N
of W N tD
N
m E
Vi
.-+
o
"G V'
O N n
tr d'
N
°
If1
a
-F
d'tl'
n
V
.1
N
G
p
+-i
m
MCp, C
o
M
fV
CU
dL%.'
+�1�
Q J
_
E
LUN
a
LL
o ` v
{
d+
N f].
p L1
rCi
d
"j h
!U
.
�
j= p
p Lu �E
ZO
'n
p
01
E°
Q
p p L
Off-? R;nvs
i J
J
~
p
LU
J
B
`S
�[F
J O N
ZH
FN..
?
d
W"
n
a
v
Me
t SrY'rrrt� � -
r
or-
Product i � ..
gW
dara..
C3RbhYA (7 {LII']CCCriSdQU
Howing color
Operating Position - (Not Specified]
Light Technieil Charactvristias
Color Code
740
Color Designation
-[Nat Specified]
(text)
Correlated Color
4000 I<
Temperature
Luminous flux
4000 Lm
Color rcndenng
70
index
Color'remperature
3985 I< [CCT 3985[]
r.e' rictl 4 „r Irar-terisots
Wattage 35 W
bright its a rnoduhe
Fortinw.) U D I BI'll 40003SbV1'740
Philips Fortlmo LED High Brightness Module (HBMt) Is an elegant
solution for OEMs looking to incorporate LEDs into their product
portfolio. The compact rectangular light engine with non - Integrated
driver enables different light distributions using a metal reflector, The
same form factor offers multiple lumen packages, leveraging a single
design into a fall portfolio to better meet end -user needs. The design -
In process is further simplified with passive thermal management.
Fortino HBMt Is truly future- proof — the light - emitting area, optical
and electrical characteristics and mechanical Interface will remain
constant. It also offers the best energy efficacy In the market. The
remarkable energy savings and CO2 reductions can be further
extended with dimming. Fortlmo LED HBMt Is a Philips Green
Product and contains no mercury.
Telnperatun=. i':.hararterisens
T -case maximum 85 (max) C
Product Dam
Order code
Full product code
Full product name
Order product name
Pieces per pack
Packing configuration
Packs per outerbox
Bar code on pack -
EAN1
Bar code on
outerbox - EAN3
Logistic code(s) -
12NC
Net weight per piece
20B -30
929000695703
929000695703
Fortlmo LED HBMt 4000 35Wl74C
Fortlmo LED -IBMt 4000 35W /74C
1
10
10
8716291214069
8716291214076
929000695703
0,031 kg
sense oats; s nipficit
1
-Ai
-
.}.•M+� tir� Ig t z:4
Ir�cC }>�i _.���¢raA2+st- .kao�'.
.'.uy 5 t +;'agg'L��.k
pn,Ottrt drtid.
For tirno LED high
brightness r- noc�'l
Frn tmi I LED D I -lWvlt 6000 54W / 7v,0
Philips Fortimo LED High Brightness Module (HBMt) Is an elegant
solution for OEMs lcoldng to incorporate LEDs Into their product
portfolio. The compact rectangular light engine with non- Integrated
driver enables different light distributions using a metal reflector. The
same form factor offers multiple lumen packages, leveraging a single
design Into a full portfolio to better meet end -user needs. The design -
In process is further simplified with passive thermal management.
Fortlmo HBMt Is truly future -proof —the Ilght - emitting an ea, optical
and electrical characteristics and mechanical Interface will remain
constant. It also offers the best energy efficacy In the market. The
remarkable energy savings and CO2 reductions can be further
extended with dimming. Fortimo LED HBMt Is a Phllips Green
Product and contains no mercury.
General t,'W,,9cvo i%di
rem pe111 W1 @ C IsrACtel 18t114
Housing color
-
T -cue maximum
85 (max) C
Operating Position
-[Not Specll[ed]
• Pra;,i Dma
• Light Iochnical fhnracte.r
tics
Ordercode
929000695603
Color Code
740
Full product code
929000695603
Color Designation
- [Not Specified]
Full product name
Fortlmo LED 1-1811a 6000 54WI740
(text)
Order product name
Fortino LED HBMt 6000 54W/740
Correlated Cola'
4000K
places per pack
1
Temperature
Packingconfigw'ation
10
Luminous Flux
6000 1.,
Packs per outerbox
10
Color rendering
70
8m- code on peck -
8718291214021
Index
BANE
Color Tempemteo
3965 K [CCT 39851K]
Bar code on
8 71 82 91 214 03 8
outerbox - F.AN3
= I';lec+nical ChxraceeASCtlx
Logistle eode(s) •
929000695603
12NC
Wattage
54 W
Net weight per piece
0.031 kg
rr
sense �aM simplicity
20B -31
BSP'3-120 BSP3 -208 -240 I. BSP3 -27/ The BSP3o be used In ductsare
®a�+7 i��g.J i 6/ be�J+gi�Jry Aq�S7 Ls9°td BS P3-277 9 9 designed to be used in conjunction with
BSP3 -347/ BSP3 -4$0 LED Drivers and electronic fluorescent and
HID ballasts to provide an additional level
3 -Pole LED Driver & Ballast Surge Protectors, of protection against powerfinedisturbances
Enhanced in Industrial and commercial applications
Features
• T'he BSP3 Series are 3- leaded devices that protect Line -Grou
and Neutral- Ground In accordance with IEEE /ANSI C62.41.4
• Protects against surges according to IEEE C82.41.2 C High (
• Surge current rating = 10,000 Amps using industry standard E
• Surge Location Rated Category 03
UL Recognized Component for the United States and Canada (ULS
Some models Recognized to UL1449 (see below)
• Hlgh temperature, flameproof plastic enclosure,
85 °C max surface temp rating
• Thermally Protected Transient Over - voltage Circuit
BSP3 -120 is for use on 120V drivers or ballasts
BSP3 -277 is for use on 277V or Universal Voltage drivers or P
BSP3 -347 is for use on 347V drivers or bnllaats
BSP3.480 is for use on 480V drivers or ballasts
Part Number
Max Clamping
Voltage
surge Raking
(2ms)
UL1449
BSP3- 120 _T - -^
a4S
120 Joules
6SP3 -208 -240
710
190 Joules
BSP3 -277
840
270 Joules
BSP3.347
1120
320 Joules
3SP3 -480
1500
^380 Joules
Wiring
Black
BSP3 LOAD Output
LED Driver to Lamp
or electronic ballast
COM
GROUND
Specfrmatlons subject to change wttheut notice.
Dimensions (tom.
�,,,� 7S•�,•� Body: 12" leads, stripped 0,63"
Leadwim: AWG #16 stranded
tai 225"
Threaded Nlpple:
1:" -NPS
Gr U5 ras�) IP5
12- -18.12
1 litvruru I e ._ m- r- o'u, =u )'t 11543 Svmfl 1 th. • H a , ey, II. H0142 x.47 -5 ,5-sd i r • I-, n47 - - t, 31.47 • vvnw Ivµ ;ri,d;om
20B -32
MAYOR
Miguel A. Fulda
MAYOR PRO TEM
Claudia C. Alvarez
COUNCILMEMBERS
P. David Benavldes
Carlos Bustamante
Michele C, Martinez
Vincent Sarmiento
Sal Tlnajero
March 11, 2012
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza . P,C. Box 1988, M -21
Santa Ana, California 92702
CITY MANAGER
Paul M. Walters
CITY ATTORNEY
Sonla R. Carvalho
CLERK OF THE COUNCIL
Marla D. Hulzar
ADDENDUM NO, ONE
SUBJECT: REQUEST FOR PROPOSALS FOR LED COBRAHEAD STREETLIGHTS
The following clarification has been made to specifications of the subject RFP:
Replace page 1 with the attached page 1. All other terms and conditions remain the same.
THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE.
20B -33
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCILMEMBERS
P. David Benavides
Carlos Bustamante
Michele 0, Martinez
Vincent Sarmiento
Sal Tinalero
PROJECT #13 -009
ADDENDUM NO. TWO
CITY OF SANTA ANA
Public Works Agency
20 CIVic Center Plaza . P.C. Box 1988, M -21
Santa Ana, California 82702
March 21, 2013
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
The following clarification has been made to specifications of the subject RFP:
Changes are noted below. All other terms and conditions remain the same.
NOTICE INVITING PROPOSALS
CITY MANAGER
Paul M. Walters
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Maria C. Holzer
The successful proposer must possess or obtain a valid California Class wand C -10 Contractor's license
prior to the scheduled award date of this contract.
EXHIBIT J
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
MINIMUM PROPOSER QUALIFICATIONS
4. P- roposer -m st ea ti #y that- lufninaires -sh- all conform- Eo- therren -t tll m +nat ng -E -ae� neer+Rgesi "
defal4iti ," ' I ve4 e-4wm;
20B-34
THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE,
RFP FOR LED COBRAHEAD STREETLIGHTS
20B -35
Page 117
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCILMEMBERS
P. David Sanavidea
Carlos Bustamante
Michele C. Martinez
Vincent Sarmiento
Sal TlnaJsro
PROJECT #93.009
ADDENDUM NO. THREE
CITY OF SANTA ANA
Public. Works Agency
20 Clvlc Center Plaza . P.O. Box 1988, M -21
Santa Ana, California 92702
March 27, 2013
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
The following clarification has been made to specifications of the subject RFP:
Changes are noted below, All other terms and conditions remain the same.
KEY RFP DATES:
Issue Date:
Tuesday, March 5, 2013
Proposal Due Date: Tuesday, May 7, 2013 @ 2:00 PM.
Projected Award Date: Monday, July 1, 2013
INTRODUCTION
CITY MANAGER
Paul M. Walters
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Marla I Huizar
The purpose of this Request for Proposals (RFP) is to obtain a Proposer to enter an agreement with
the City to remove and dispose of existing decorative post top street light luminaires, and furnish
and Install energy efficient LED post top retrofit streetlight luminaires. The ALTERNATE
PROPOSAL is to provide and test only. The Proposer will be required to provide 354 LED post top
retrofit street light luminaires. The City reserves the right to increase or decrease the quantity of
lights at no additional cost per fixture. This project is funded by Southern California Edison's On -Bill
Financing Program. Award of the project is subject to both final funding approval by SCE and City
Council approval. Payment will be made to the successful proposer after the project Is accepted
and funded by SCE. For details pertaining to SCE's OBF go to
http:l,(www.sce.com /bushe s /onbill /on- bill- flnencing.ht
Historically, funds for payment of the project may not be available to the City from SCE for two to
four months after completion of the project. Subsequently, final payment may not be made for three
to six months from completion of the project.
20B -36
EXHIBIT B
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Proposal Item Price - Pricing shall be based on a per each, (removed, disposed and installed) for
services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and
indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Fee shall also include post -
installation testing for photometrics and power consumption. Any special materials will be purchased by the
contractor only after discussed and authorized by the City projects manager or designee in writing.
Alternate Proposal - Pricing shall be based on a per each, for providing fixtures only. Fee must be
inclusive of all costs, including but not limited to, delivery, any direct and indirect costs for labor, overhead,
incidental supplies, travel, mileage, and fuel. . Fee shall also include post - installation testing for photometrics
and power consumption.
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
EXTENDED TOTAL
PRICE
1
70W EQUIVALENT- Provide & Install
140
EA
ror Concrete Poles
2
160W EQUIVALENT Provide & Install
120
EA
For Concrete Pales
3
16OW EQUIVALENT Provido & Install
94
EA
For Steel Poles
Total Extended Cost — Written
+� a woww.n
RFP FOR LED COBRAHEAD STREETLIGHTS
20B -37
ALTERNATE PROPOSAL
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
EXTENDED TOTAL
PRICE
1
70W EQUIVALENT-Provide Only
140
EA
For Concrete Poles
2
WIN EQUIVALENT - Provide Only
120
EA
For Concrete Poles
3
LOW UIVA
94
EA
For Steel Poles
Total Extended Cos( — Written
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE,
RFP FOR LED COBRAHEAD STREETLIGHTS
r1-
9'
Ql-
V
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATF mAR 2 4 101A
FIRST AMENDMENT TO AGREEMENT
A- 2014 -057
THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 18, 2014,
by and between Powerlux, 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 -137, dated September 3, 2013, (hereinafter "said
Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries.
B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to include additional streetlights that will be replaced with LED streetlight
luminaries and to increase compensation to pay for the additional luminaries provided.
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:
1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights
purchased by a total of 60. The section shall read in fill as follows:
"Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa
Ana, California, 414 new LED post top retrofit streetlights which conform to the
specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said
Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for
photometric conformance and power consumption. In addition, Vendor shall provide a
five (5) year warranty for any and all materials, supplies, labor and equipment provided
pursuant to this Agreement.
If additional funding is secured, City retains the option to purchase additional streetlights
at the unit price set forth in Vendor's Proposal."
2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"The City agrees to pay, and Vendor agrees to accept as total payment for said
streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight
delivered and successfully tested. The total sum to be expended under this Agreement
shall not exceed $147,000 during the term of this Agreement."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
Exhibit 3 9
20B -39
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: C , (lP�
Laura Sheedy
Assistant City Attorney
RECOMMENDED R A OVAL:
EDWIN "WILLIAM" ALVEZ, P.E.
Interim Executive Director - PWA
rl- -1
CITY OF SANTA ANA
DAVID ZOS
City Manager
POWERLUX
KENNETH LAU
President
<(u
INTJRANCE NOT REQUIRED
WORK MAY PROCEED
C5) CLERK OF COUNCIL
nATC- 10 -- - l-S
AGREEMENT TO MANUFACTURE AND
PROVIDE LED STREETLIGHTS
A -2013 -137
THIS AGREEMENT, made and entered into this 3rd day of September, 2013 by
Powerlux, (hereinafter "Vendor "), 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 issued RFP 13 -009 - "LED Post Top Retrofit Streetlights" to procure a
vendor to manufacture and provide energy efficient LED street light luminaries.
B. Vendor submitted a proposal to provide such LED luminaries and was
determined to provide the best quality material at minimum cost to the City.
C. In undertaking the performance of this Agreement, Vendor represents that it is
knowledgeable in its field and that any materials, supplies, labor and equipment provided
by Vendor under this Agreement will be provided in compliance with the specifications
set forth in Vendor's Proposal,
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
Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa
Ana, California, 354 new LED post top retrofit streetlights which conform to the
specifications set forth in Vendor's Proposal dated May 6, 2013, attached hereto as
Exhibit A and incorporated by reference. After City installation of said streetlights,
Vendor shall test for photometric conformance and power consumption. In addition,
Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor
and equipment provided pursuant to this Agreement,
If additional funding is secured, City retains the option to purchase additional streetlights
at the unit price set forth in Vendor's Proposal.
ILCOMPENSATION
A. The City agrees to pay, and Vendor agrees to accept as total payment for said
streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight
delivered and successfully tested. The total sum to be expended under this Agreement
shall not exceed $125,000 during the term of this Agreement.
B. Vendor shall submit one invoice to the City upon completion of the Project, Said
invoice shall be submitted in a format approved by City, and shall include the following
information:
Vendor's invoice number
Beginning and ending dates for services
Exhibit -3A
20B -41
iii. City project number and /or name (if applicable)
iv. Delivery site address /location (if applicable)
V, Unit cost, subtotals and total for invoice
C. Extra Work. No additional work of any kind shall be considered an extra unless
a separate estimate is given for said work and the estimate is approved by the City in
writing before the work is commenced. The Vendor will be required to provide detailed
information of such extra work. Documentation of contract compliance may be required
at City's request. Work performed prior to obtaining written approval of the City shall not
be included within the Scope of Work and may not be paid.
D. Payment by City shall be made within sixty (60) days following receipt of
payment from investor owned utility financing, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
III.TERM
This Agreement shall commence on the date first written above and terminate on June
30, 2014, unless terminated earlier pursuant to Section XI, below, The Vendor shall
deliver all items under this contract within a period of one hundred forty (140) days after
City notice to proceed, unless terminated earlier in accordance with Section XII.
IV,INDEPENDENT CONTRACTOR
Vendor 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 be construed to create an employer - employee relationship, a joint
venture relationship, or to allow City to exercise discretion or control over the manner in
which Vendor performs services. However, the services to be provided by Vendor shall
be provided in a manner consistent with all applicable standards and regulations
governing such services. Vendor 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.
V.INDEMNIFICATION
Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may
arise from the direct or indirect operations of the Vendor or its subcontractors,
subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described in Section 1 of this Agreement.
VI.CONFLICT OF INTEREST CLAUSE
Vendor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance if services specified under
this Agreement.
20B-42
VILNOTICE
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 facsimile or
other telegraphic communication to the following persons:
To City: Clerk of the City Council
City of Santa Ana
P.O. Box 1988 M -30
Santa Ana, CA 92702 -1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
P.O. Box 1988 M -21
Santa Ana, CA 92702
And: City Attorney
City of Santa Ana
P.O. Box 1988 M -29
Santa Ana, CA 92702
To Vendor: PowerLux Corporation
Mr. Kenneth Lau
2688 -F El Camino Real, Suite 333
Carlsbad, California 92010
VIII. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Vendor, 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 Vendor. 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 Vendor nor the City. Each party to this
Agreement acknowledges that no representatives, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
IX.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Vendor,
Vendor may not assign, transfer, delegate, or subcontract any interest herein without
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 the City personnel or by
20B-43
other Vendor retained by City.
X.TERMINATION
a. The City reserves the right to terminate the contract as follows:
In the event Vendor fails or refuses to timely perform any of the provisions of this
agreement in the manner required, or if Vendor violates any provision of this
agreement, Vendor shall be deemed in default. City shall provide written notice
of such default to Vendor's project manager. Vendor shall cure said default
within a period of two (2) working days. If such cure is not completed in a timely
manner, City may terminate the agreement forthwith by giving written notice to
Vendor's project manager. City may, in addition to the other remedies provided
in this Agreement or authorized by law, terminate this Agreement by giving
written notice of termination. Vendor shall be responsible for all costs incurred by
City, including replacement costs of equipment and labor required to provide
service during Vendor's default. In the event of such termination for cause, City
shall pay Vendor that portion of compensation specified in the Agreement that is
earned and unpaid prior to the effective date of termination. Vendor shall not be
entitled to any compensation for lost profits it terminated for cause.
2. This agreement may be terminated without cause by City upon thirty (30)
days written notice delivered to Vendor either personally or by mail. Upon
termination, City shall pay to Vendor that portion of compensation
specified in the agreement that is earned and unpaid prior to the effective
date of termination.
3. In addition to, or in lieu of, remedies provided in this agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Vendor's compensation for contract services if, in the judgment of the City
project manager, the level of service falls below appropriate standards
and /or Vendor fails to satisfactorily perform contract services. City shall
have the right to retain funds withheld until the project manager
determines that contract services are performed in conformance with this
Agreement.
XI. DISCRIMINATION
Vendor 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. Vendor affirms that it is an equal
opportunity employer and shall comply with all applicable federal, State and local laws
and regulations.
XII.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.
XI II. PROFESSIONAL LICENSES
Vendor 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 Sates, the State of
California, the City of Santa Ana and all other governmental agencies, Vendor shall notify
the City immediately and in writing of their inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination
of this Agreement
XIV.RESPONSIBILITY FOR DAMAGES
The Vendor shall be responsible for all damages to persons and /or property that occur
as a result of the fault or negligence of said Vendor or his employees in connection with
the performance of this work.
XV.SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide
required maximum safety to the public and where applicable, comply with all safety
standards required by CAL -OSHA. The Director reserves the right to issue restraint or
cease and desist orders to the Vendor when unsafe or harmful acts are observed or
reported relative to the performance of the work under this contract.
XVLPAYMENT
The Vendor will be paid after completion of the project, upon approval and payment to the
City by Southern California Edison. Vendor shall submit a detailed report of work
performed and materials used in the project. This report shall be accompanied by a billing
in accordance with the contract price for the work performed, and shall become basis for
payment.
XVILAPPRENTICESHIP STANDARDS
Where required under law, the contractor on this project shall assume full responsibility
for compliance with apprenticeship standards as established by Section 1777.5 of the
California State Labor Code,
XVIII.SUBCONTRACTORS
The successful proposer shall not, without the written consent of the City:
A. Substitute any person or firm as subcontractor in place of the subcontractor
designated in the original proposal.
B. Permit any subcontract to be assigned or transferred or allow it to be performed by
anyone other than the original subcontractor listed in the proposal.
20B -45
C. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds
one -half (1/2) of one (1) percent of the total proposal and a subcontractor was not
designated for the work in the original proposal.
XI %.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 0, Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney gg
By; ��C.R0
Laura S eedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Edwin "William" Gal P. E.
cutive hect
Interim Exeor
Public Works Agency
I+ 1 -
CITY SA,%�TA NA
Carlos Rojas,
Acting City Manager
=!G:
KE14NETH LAU
President
AGREEMENT FOR PROVISION OF
ELECTRICAL CONTRACTING SERVICES
THIS AGREEMENT, made and entered into this 17'x' day of June, 2014, by California Professional
Engineering, Inc., a California corporation (hereinafter "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
(hereinafter "City ").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of street light
repair and installation.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is lmowledgeable 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 consulting firm in
the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and
conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall rewire the existing street light system and install new City supplied fixtures on the existing
street light poles on North Park Circuit (hereinafter "Project'), as set forth in Exhibit A, attached hereto and
incorporated by this reference.
2. COMPENSATION
a. The Contractor agrees to accept as total payment for its services, a fixed price of $512,450. The
City has allocated an additional $20,000 contingency amount, to be expended only at the written direction of the
Executive Director of Public Works or his designee for additional services required due to unforeseen
circumstances. The total sum to be expended under this Agreement shall not exceed $532,450 during the term
of this Agreement.
b. Payment to Contractor for the City paid portion of the contract shall be made after
completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and
materials used in the Project. Within sixty (60) days after receipt of such report, City shall pay Contractor,
subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March 31, 2015. However,
contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from
Agreement commencement unless terminated earlier in accordance with Section 13.
4. OWNERSHIP OF REPORTS AND DOCUMENTS
Exhibit 4
20B-47
The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data
produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for
Contractor's records but shall not be furnished to others without written authorization from City. Such
deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not
an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
employee relationship or a joint venture relationship; 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. 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory 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 One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles.
c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor
Code, Contractor, if Contractor has any employees, is required to be insured against Liability for Workers
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
One Million Dollars ($1,000,000.00) 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 One Million Dollars
($1,000,000.00) per claim.
section:
e. The following requirements apply to the insurance to be provided by Contractor pursuant to this
(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 furnished to the City upon execution of this Agreement
and shall be approved in form by the City Attorney.
PTO
(iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or
refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall
not affect Contractor's right to be paid for its time and materials expanded 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.
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
and claims for property damage, which may arise from the direct or indirect 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. The Contractor further agrees to
indemnify, hold harmless, and pay all cost 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, effects arising from this Agreement. City
may make all reasonable decisions with respect to its representative in any legal proceeding.
8. 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 nonuse and nondisclosure shall not apply to any information
that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a
publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially;
4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance if services specified under this Agreement.
10. 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
rI- -•
prepaid, or sent by facsimile 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
P.O. Box 1988 M -30
Santa Ana, CA 92702 -1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
P.O. Box 1988 M -21
Santa Ana, CA 92702
Fax: 714 -647 -5069
and: City Attorney
City of Santa Ana
P.O. Box 1988 M -29
Santa Ana, CA 92702
Fax: 714 -647 -6515
To Contractor: California Professional Engineering
929 Otterbein Avenue, Unit E
La Puente, CA 91748
Fax: 626-810-1322
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 telefacsimile, 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.
IL EXCLUSIVITY AND AMENDMENT
'This Agreement represents the complete and exclusive statement between the City and Contractor, 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 neither Contractor nor the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
12. 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 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
20B -50
services which are the subject to this Agreement performed by the City personnel or by other Contractor
retained by City.
13. 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, and the City shall pay Contractor compensation for all services
performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all
work product completed as of such date, and in such case such work product shall be 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.
14. DISCRIMINATION
Contractor 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. Contractor
affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local
laws and regulations.
15. 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.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,
waivers, and exemptions necessary for the provision of services hereunder and required by the laws and
regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies.
Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. RESPONSIBILITY FOR DAMAGES
The Contractor shall be responsible for all damages to persons and /or property that occur as a result of the fault
or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their
behalf in connection with the performance of this Agreement.
18. FAILURE TO PERFORM SATISFACTORILY
a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified herein,
the Director, 1) will pay only for the amount of service received as determined by the Director with an
appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or
otherwise, and charge the cost thereof to the Contractor.
20B -51
Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include
overtime pay as required to complete work.
b. If Contractor performs the work in such a manner that the amount of payment withheld due to
substandard performance, nonperformance and /or forfeiture for non- completion per schedule totals five percent
(5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor
continues to perform the work in such a manner that the amount of payment withheld due to substandard
performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the
total contract price, this Agreement may be terminated at the City's option. In the event of termination for
unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to
changing contractors.
19. SAFETY REQUIREMENTS
All work performed timder this contract shall be performed in such a manner as to provide required maximum
safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The
Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful
acts are observed or reported relative to the performance of the work under this contract.
20. HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its
operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be
immediately reported to the Public Works Agency.
21. ACCESS TO PRIVATE PROPERTY
Prior to the commencement of any work that will restrict access to private property the Contractor shall notify
each affected property owner or responsible person, informing him or her of the nature of and the approximate
duration of the restriction.
22. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as
sprinkler systems, drain pipes, lawns, brickwork, plantings, masonry work, fences, wall, sidewalks, street
paving, etc., located on either public or private property. If any improvements are damaged they shall be
replaced in kind at the Contractor's expense.
23. TRAFFIC CONTROL
The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all
times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the
Director for approval.
24. MISCELLANEOUS TRAFFIC DEVICES
Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for routine
and /or extraordinary maintenance pursuant to this Agreement.
20B -52
Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH
published by Building News, Inc., and made a part of these special provisions. The method in which signs,
barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in
accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works
Agency — Administration Division.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons,
barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory
illurnination if in place during hours of darkness.
25. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation,
then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make
corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred
Dollars ($200.00) for each callout.
26. APPRENTICESHIP STANDARDS
Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship
standards as established by Section 1777.5 of the California State Labor Code.
27. SUBCONTRACTORS
The Contractor shall not, without the written consent of the City
a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original
proposal.
b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than
the original subcontractor listed in the proposal.
c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2)
of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original
proposal.
28. 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.
20B -53
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUTZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Cavalho
City Attorney
*-.- �&L
y Attorney
RECOMMENDED FOR APPROVAL:
Edwin "William" Galvez, P.E.
Interim Executive Director,
Public Works Agency
CITY OF SANTA ANA
David Cavazos
City Manager
Sieman's Industry, INC.
KEVIN MC CARTHY
Corporate Secretary
Tax ID#
20B -54
EXHIBIT A
SCOPE OF WORK
PART I — SCOPE OF WORK
The North Park Circuit is designated on the attached map. The North Park Circuit has approximately
22,000 LF of wire and 101 poles. Approximately 18 of the poles are double kings with 2 fixtures each.
The North Residential Circuit is designated on the attached map. The North Residential Circuit has
approximately 30,000 LF of wire and 112 poles.
The conduit locations shown on the maps are approximate. It is the Proposer's responsibility to
ascertain the quantities of fixtures, wire, pullboxes etc. All proposed locations shall be shown on the
final plans designed by the Proposer and approved by the Agency.
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 ").
This Request for Proposal calls for the removal and replacement of the existing street light cable in
the Floral Park Neighborhood which is bordered by Broadway and Flower Street, between 17th Street
and the Santiago Creek.
This project will require replacing all the cable in the entire system with three new #8 THW wires. The
existing poles are required to be rewired with new #12 THW wire, the existing fixtures removed and
salvaged, replaced with new PowerLux fixtures and globes. The new fixtures may need minor
modifications to fit existing pole configurations. Costs for modification shall be included in the lump
sum proposal amount.
New service pedestals will be furnished and installed by the Proposer. Proposer shall determine the
number of new service points necessary to adequately provide power for the system, using the
minimum number of service points possible and shall coordinate with SCE to determine the new
service points. All SCE engineering costs will be paid by the City. The SCE planner for this project is
Isaac Dominguez 714- 285 -4339
Proposer will locate and intercept existing conduit adjacent to service pedestal and install conduits
and pull box adjacent to pedestal. All costs for conduit work, including hardscape replacement, to
connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and
connected properly in service pedestal. All work, equipment, labor and materials necessary to provide
complete functioning system shall be included in the Proposal pricing. Existing globes shall be
cleaned, salvaged and delivered to the City yard.
The existing streetlight systems were installed in the early 1920's. The exact condition and location
of the underground conduit is unknown although the existing cable was installed 5 years ago. The
City expects the existing cable to be used to pull in the new wire. Pre - lubrication of the conduits may
be necessary. The City does not anticipate that much of the existing conduit will need to be repaired.
Similar projects in the area have encountered less than 15% of conduit needing repair. Proposer shall
include 15% conduit repair in the proposal. Costs for conduit repair including materials and labor will
20B -55
be included in the lump sum costs proposed. The Proposer may need to excavate to access and
disconnect the existing conduit sweeps at the pole foundations to properly pull the new wire. All costs
for excavation, including hardscape replacement and conduit disconnect/reconnect shall be included
in the lump sum price.
Scope of work includes the following:
• Install new service pedestals per specifications.
• Remove existing cable from conduit.
• Intercept existing conduit and install new conduit and pull boxes to connect to new service
points.
• Re -wire system using existing conduit.
• Replace any deteriorated conduit only if it is impossible to pull the new wire through.
• Remove and salvage existing fixtures.
• Rewire poles and install new fuses and fixtures, etc. per City Standard #1126 -F.
Material List:
• Fixtures: Powerlux PLEDMR /DV/B/9/4000/740/120- 277/SA
• Wire: THW red, black, green
• Conduit: 2" Schedule 80 PVC
Fuses: 240V 10A with holder per City Standard #1126 -F two (2) per pole
• Service Pedestals: Milbank MILCP31311115A22SP33 120/240V w/ GFI duplex receptacles;
base MILCP16PDMNTCALT
PART II SPECIAL PROVISIONS
I. EXCAVATING AND BACKFILLING
Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfilling" of the
California State Specifications (CSS) and these Special Provisions.
The following paragraph shall be added to Section 86 -2.01
All excavated material in roadway shall be removed from the site and backfilled with compacted
crushed aggregate base material topped with temporary asphalt concrete on the same working day
as removed. A temporary alternative to backfilling, with permission of the Agency, shall be the
placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such
plating shall not be allowed for more than five (5) working days, after which backfill shall be required.
20B -56
Slurry backfill: Use of a half -sack cement and sand slurry provided by a commercial ready -mix
concrete vendor may be permitted except in parkway areas. The slurry shall be placed monolithic
from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as
directed by the Agency.
II. CONDUIT
Roadway lighting conduit shall conform to the provisions in Section 86 2.05, "Conduit', of CSS and
these Special Provisions.
Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans. Insulated
bonding bushings will be required.
All conduits, excluding SCE service conduits, shall be installed at the depth not less than 36" below
finished grade in pavement areas 24" in sidewalk and parkway areas. Only when conduits are to be
installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where
the in- between distance is too short to meet the 42" depth and the 45- degree sweep requirements,
the conduit may be installed at shallower depth but not less than 18" below finished grade.
After conductors have been installed, the ends of conduits shall be sealed with industry grade sealing
compound.
Replace sidewalk and pavement in -kind to match existing material, color, and pattern, from score
mark to score mark after pull boxes and conduit have been installed. Payment for replacement of
sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for
potholing, trenching, boring etc. shall be included in lump sum price.
PULL BOXES
Pull boxes shall conform to the provisions in Section 86 2.06, 'Pull Boxes" of CSS, CSP ES -8 and
these Special Provisions.
Notes 4(a) (5) and 4(b) (10) on CSP ES -8 shall not apply.
Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the
Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall
be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight
(BES lite non - concrete, or approved equal). Pull box lids shall be stamped "LIGHTING ". 24" of wiring
shall looped in every pull box. New pull boxes shall not be installed within any curb access ramp.
IV. CONDUCTORS
Conductors shall conform to the provisions in Section 86 2.08, "Conductors" of CSS and these
Special Provisions. Wire shall be THW.
V. WIRING
Wiring shall conform to Section 86 2.09, "Wiring ", of CSS and these Special Provisions
No. 8 AWG or larger conductors shall be spliced by the use of "C" shaped compression connectors
and properly insulated. No splices will be allowed in conduit or in poles above handhole.
20B -57
Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid
conductors.
R
OR
&J _ _
FLOWER SP -- "
HELIOTROPE OR arm ?s. eG6r' cb4�
v y
!615 y '�.. ?+so �? ?<� P�14, anv2 ,)ficz
NI
34% 6b42',�•
R �_ �_....�/ J @piR, µjOL J 2499 20.N:i
-. 2496 — 1u5 mm --
_ 691 u4s 2492 26P'@ �– 20.92 MeE
62 % - -- 9442 24361 24tg 24W 20.11
524 3P 24'65 34@4 �` P 2450 2499 94;1@
920
616 -@ 244V 2431 –. ^2924` aJA61r 4s T_
2931 b.2433 L– --
512 826 __ _ g4M12'O 10.33 2996 6[926
y
242A�m 2n,25 mm1424 243 @IOp 20.29 2434;
2424 m 2925 2gt6 0M 242b
@G1 20.14 241fl1 b` 2AR �2A11 1416
M1 p "— 291.9 y41a �242i 892'1 '9 u 2412 2814
928 ry 493 20.14 24dP I /21fr '1415 I___„_
422 "`}YgYgYgO s �� 24 fp ' 2416 2409 26P ®: 24G
:421 24PY 2495 .'M11 2412 24421 2403 --
ira �
ill _ ?3?B /aq1 rOry Y 24 ~ 2372 25 @e
o –
jOar
1 l 109 ash hs LL n 0. o rary
,a
,r
1
BROADWAY
Southern California Edison
On -Bill Financing Agreement
SOUTHERN CnuroaNiA
Ej EDISON"
An EOfSON (NTEENATTONAC C..,.ny
Southern California Edison. Exhibit 5 Form# 14 -791 6/2010
20B -59
On -Bill Financing Agreement
This On -Bill Financing Agreement to ( "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 with SCE for electric service. Customer has completed installation of
certain 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 ( "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 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 Financed"
$ .00
Interest Rate:
0%
Fees:
0
Months to Pay:
Monthly Payment:
$
Service Account to be Billed:
Designated Third -Part Payee if any):
Address of Designated Third -Part Payee:
Southern California Edison
411M
Form# 14 -791 6/2010
Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments
as set forth in the section above (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 for the Service Account 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 for Customer's Service Account. 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 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.
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 the 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, and a default under this OBF
Agreement will be treated as a default under the Customer's Service Account. 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, 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.
Southern California Edison Form# 14 -791 6/2010
20B -61
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 et. 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 into effect until the Loan
Obligation is paid in full.
Assignment: Notwithstanding anything to the contrary in the 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.
Southern California Edison
[Remainder of page intentionally left blank]
20B -62
Form# 14 -791 6/2010
IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date.
Customer:
Authorized Representative:
Title:
Signature:
Date:
Business Address:
Telephone No,
Fax No.
E -Mail Address:
Southern California Edison
Southern California Edison Company:
Authorized Representative:
Title:
Signature:
Date:
Business Address:
Telephone No,
Fax No,
E -Mail Address:
20B -63
Form# 14-7916/2010
411MIUA