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HomeMy WebLinkAboutPOWERLUX CORPORATION 2 -2014IN UNANCE NOT CAN FILE WORK MAY Nff PROCEED �LERK OF COUNCIL DATE: 9 -10 -15 AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES A- 2014 -301 THIS AGREEMENT ( "Agreement "), made and entered into this 2 "d day of December, 2014, by Powerlux Corporation, 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 "). f Fi 1® A. The City desires to retain a Contractor having special skill and knowledge in the field of LED Streetlight manufacturing. 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 knowledgeable in its field and that any services performed by Contractor tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Contractor shall provide new LED fixtures (hereinafter "Project "), as set forth in Request for Proposals and Contractor's Proposal, attached hereto and incorporated herein, as Exhibit A. Contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from the date of the commencement of this Ag're'ement. 2. COMPENSATION a. The Contractor agrees to accept as total payment for its services, a fixed price of $160,290. The total sum to be expended tinder this Agreement shall not exceed $ 160,,240 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. 1 3. TERM This Agreement shall commence on the date first written above and terminate on May 5, 2015 unless terminated earlier in accordance with Section 13, 4. OWNERSHIP OF REPORTS AND DOCUMENTS 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 Horde 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 obu iin 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 Oct of Contractor's operations in the performance of this Agreement, 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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory will) respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation or 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. fn accordance with the provisions of Section 3300 ofthe 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 (51,000,000.00) 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 (51,000,000.00) per claim. c. The 'following rerluurcments apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii)Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or ehantged in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor faits or refuses to produce or maintain the insurance required by this section or faits 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 Phis 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 componsafion and agrees to indemnify the City for any work performed prior to approval of insurance by the City. HOLD HA RNIL.h;SS /INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively the "indemnified parties') from and against any and all claims ( including without limitation, claims for bodily injury, death or damage to property), demands , obligations, damages, actions, causes of action, suits, losses, ,judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation defects in workmanslvp and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and/or omissions of contraclor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing horefn shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and habihty regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third patty. City may make all reasonable decisions with respect to its representative in any legal proceeding, S, CONFIDFN'rIALI,TY If Contractor receives frorn 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 111 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 9) is independently developed by the Contractor without reference to information disclosed by the City. CONFLICT OE 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 Cm.munioafion pursuant to this Agreement shall he 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 convnunication 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 -1088 Fax: 714- 647 -6956 Copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M-21 Santa Ana, CA 92702 Fax: 7t4-647-5069 City Attorney City or Santa Ana P.O. Box '1988 NI -29 Santa. Ana, CA 92702 Fax: 714- 647 -6510 Contractor: Powerlux Corporation ATTN: Ken Lau 1260 Liberty Way Suite F Vista, CA 92081 A party may change its address by giving notice in writing to the other parley. 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 afier it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as act forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transm ssion report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these tine frames, weekends, federal, state, County or City holidays shall be excluded, 11. 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 patties. 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 algree 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. Fach party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting err behalf of ¢iny party, which is not embodied herein. 12. ASSIGNMEN`r Inasmuch as this Agreernont is intended to secure file 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 services which are the subject to this Agreement perforated by the City personnel or by other Contractor retained by City. Notwithstanding the above, Contractor may transfer and assig.1i its rights, or delegate its duties or obligations without the prior written consent of The City of Santa Ana in the event of a ruerger, integration, reorganization, corporate restructuring or the sale of all or substantially all its assets. in case of such transfer or assig 'junent, Contractor shall take care that the transferee, assignee or successor will comply with the terms and conditions of this Agreement. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, For a termination For convenience, the termination shall be effective upon Contractor's receipt of City's written notice of such termination. For a termination for cause, the termination shall be effective thirty (30) days after Contractor's receipt of City's written notice thereof and Contractor's failure during that period to cure the cause or default which is at issue and the reason for the notice of termination, or reasonably initiate a cure during such time. In such event, Contractor shall be entitled to receive, and the City shall pay Contractor within sixty (60) days 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 shalt 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 Rocitals of this Agreement 14, DISC R[MINATION 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 retried activities. Contractor affirms that it is art 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 [lie 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 shalt, 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 Strata 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. RISPONSH3ILITY FOR DAMAGES The Contractor shall be responsible, for all damages to persons and /reat or tangible 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 subject to the notice provisions in Article 10 and except in cases of force majeure, if the Contractor faits 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. 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 clue 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 seheduto totals ten percent (10 %) of the total contract price, this Agreement may be tcrnminated 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 under this contract shall be perfotnned 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 shalt 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. PRO'TEC'TION 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, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private properly. 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 wilt insure continuous traffic flow on the sheet at all times. In situations where it is necessary to restrict traffic flow per WKFCH, the Contractor will contact the Director for approval. 24. MISCELLANEOUS TRAFFIC DEVICES Contactor shall provide all traffic control and miscellaneous traffic devices which may be required for routine and /or extraordinary maintenance pursuant to this Agreement. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Me,, 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 -- Construction Enyineering* 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 illumination if in place during hours of darkness. All traffic control devices shall be maintained in a like new condition at all times. 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 stature 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 callow. 26. APPRENTI'CESHIP 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 hid is submitted if the cost thereof exceeds one -half (t /?) 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 undersigne(1 represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each oi'the terms of this Agreement, and shall indennuty 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 tact, 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. rrS`t`�racrtttres �n fi)llowin�jtat�cf IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date ud year tirst above written. ATTEST: ,14W�� MARIA D. I °IUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney RECOMNIEN )ED F'OT2 APPROVAL: �,o r w ED N OUSAVIPOUR Director, Public Works Agency CITY Oh SANTA A David Cavaws City Manager POWERLUX CORPOR,AT,ION Ken Lau President Tax ID# _ 5��� J 1f7 C% REQUEST FOR PROPOSALS (RFP) FOR LED Retrofit Downtown Streetlights SARTC Parking Structure Lighting No. 14 -048 CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza M -22 Santa Ana, CA 92701 Kurt Wiemann Projects Manager (714) 647 -5639 Office (714)647 -5058 Fax kwiemannOsanta- ana.org Authori;e for Edwin "William" GalJ.ez, P.E. Interim Executive Director Public Works Agency RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING KEY RFP DATES: Issue Date: Proposal Due Date: Projected Award Date: NOTICE INVITING PROPOSALS Thursday, September 18, 2014 Tuesday, October 14, 2014 @ 2:00 PM. Tuesday November 18, 2014 NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. Responses to the Request for Proposals (RFP) will be accepted until 2:00 PM. If further information is required, contact Kurt Wiemann at (714) 647 -5639 or kwiema n n(dsanta -ana. org All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.santa- ana.org /bids -rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation and addenda. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class C -10 Contractor's license prior to the scheduled award date of this contract. Proposers desiring to propose ALTERNATE PROPOSAL only do NOT need a contractor's license. Proposers may submit to either or both. Proposers may submit one (1) fixture and one (1) alternate fixture per application. The City reserves the right to select the Proposer(s) that best fit the needs of the City MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows: City of Santa Ana Kurt Wiemann Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Kurt Wiemann at kwiemann(a).santa- ana.org. The receiving time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92702 Third Floor, Ross Annex, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING , x wt y •( -9; nr CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LED POST TOP RETROFIT STREETLIGHTS TABLE OF CONTENTS EXHIBIT A — SCOPE OF SERVICES PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 IV. SCOPE OF WORK/SERVICES 4 V. GENERAL INFORMATION 5 VI. COORDINATION 5 VII. CONTRACTOR RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 6 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. PREPROPOSAL MEETING 6 XIV. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XV. SUBMITTAL INFORMATION AND DEADLINE 6 XVI. SUBMITTAL REQUIREMENTS 6 XVII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVIII. PUBLIC RECORDS 9 EXHIBIT A — SCOPE OF SERVICES 10 EXHIBIT B — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 14 EXHIBIT C — PROPOSERS REFERENCES 16 EXHIBIT D — PROPOSERS STATEMENT 16 EXHIBIT E — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 17 EXHIBIT F — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 19 EXHIBIT G — NONCOLLUSION AFFIDAVIT 22 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 23 EXHIBIT I — MINIMUM PERFORMANCE REQUIREMENTS 24 EXHIBIT J — MINIMUM PROPOSER QUALIFICATIONS 28 EXHIBIT K - SAMPLE AGREEMENT 19 EXHIBIT L — LOCATION AND FIXTURE SCHEDULE EXHIBIT M - MAP OF LOCATIONS RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 1 33 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LED POST TOP RETROFIT STREETLIGHTS & LED PARKING STRUCTURE LIGHTING The purpose of this Request for Proposals (RFP) is to obtain a Proposer to enter an agreement with the City to (1) remove and dispose of existing historic, decorative post top street light luminaires, and furnish and install energy efficient LED post top retrofit streetlight luminaires (2) remove and dispose of existing high pressure sodium parking structure lighting and install new energy efficient LED structure lighting. The ALTERNATE PROPOSAL is to provide and test only. The Proposer will be required to provide 375 LED post top retrofit street light luminaires and 123 parking structure luminaires. The City reserves the right to increase or decrease the quantity of lights at no additional cost per fixture. 11. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of one year or until the work is complete. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is Tuesday November 18, 2014 and may be adjusted as necessary by the City. III. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond & payment bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. Performance & Payment bonds are not required for provide only alternate. IV. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts as set forth in EXHIBIT A - SCOPE OF SERVICES. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 1 4 The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. V. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at preproposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VI. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City. When coordination efforts require agreements, such agreements shall be coordinated through the City. VII. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 5 VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. IX. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit G). XIII. PREPROPOSAL MEETING A preproposal meeting is not scheduled for this RFP. Should a meeting become necessary, an addendum will be posted on the City website. XIV. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at http://www.ci.santa-ana.ca.us/bids-rfps/default.asp. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVI. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 16 A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a USB flash drive labeled with Proposer's name and proposal number. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, and exhibits. D. Proposal Pricing shall be submitted in a separate, sealed, marked envelope. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project. 4. Financial Responsibility (Capacity): Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) -day period. If said financial statement does not reflect full ninety (90) -day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 5. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit B. B. EXHIBIT B — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING C. EXHIBIT C — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to that identified in this RFP (Exhibit A) for the last 5 years. D. EXHIBIT D - PROPOSERS STATEMENT RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 17 E. EXHIBIT E — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT F — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT G — NONCOLLUSION AFFIDAVIT H. EXHIBIT H — The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. J. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVII. CONTRACTOR SELECTION —PROPOSAL AND EVALUATION The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth below. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The response to this Request for Proposals should contain documentation of Proposers credentials and expertise in this field. Substantial consideration will be given to Proposers with documented experience in performing similar work. This project is funded by an investor -owned utility financing program. Luminaire pricing /wattage shall be subject to a ten (10) year simple payback limit. Payback shall be based on $.12 per kWh. The committee will evaluate all proposals based on the following criteria: A. Ability of Proposed Fixture to function as described in Exhibit I and Proposer Qualifications as described in Exhibit J 1. Ability of proposed street lights to perform as specified herein. 2. Ability of Proposer to obtain and install the units in the specified time. 3. Contractor's financial ability to provide uninterrupted services throughout the term of the agreement. 4. Experience of staff assigned to the contract. 5. Experience of supervisory and management staff assigned to the contract. 6. Record of performance on contracts with other cities, governmental agencies or public bodies, includes such factors as reliability, adherence to specifications and compliance with contract terms and conditions. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 8 7. Acceptable, verifiable references and site reviews. 8. Amount of time manufacturer indicated by Proposer has been manufacturing outdoor street lights and manufacturing LED street lights. B. Cost of Proposal EVALUATION PROCESS In addition to submitting all documentation specified in this RFP, Proposers will be required to provide two (2) sample units of each fixture, at no cost to the City, to demonstrate the ability of their proposed equal product to successfully perform as specified by this RFP. Sample units must be exact model of proposed luminaire and be provided on the due date of the proposal. Sample units may be provided, at proposer's option, prior to the due date of the proposal. The City will evaluate all proposals and fixtures for conformance to criteria specified herein and select the top three rated fixtures. The top rated proposal price envelopes will then be opened and the lowest priced proposal selected. The City shall have thirty (30) days upon receipt of test samples to perform evaluation and testing. The sample units will become property of the City after the test period. XVIII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 19 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORT( The City of Santa Ana is issuing this Request for Proposals (RFP) LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. This RFP calls for: removal and disposal of existing luminaires; furnishing and installing new LED luminaires; all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. ALL FIXTURES MUST BE DLC APPROVED. The City desires to install two (2) types of post top LED retrofit fixtures. The fixtures must be designed to fit in existing historical streetlight poles and /or globes. There is an option to provide globes; the globes shall be: Formed Plastics FP118 -9PCC w/ FP 110 finial or approved equal. 1. For "double king" historic streetlight poles. Proposed fixture shall be down light style: Powerlux PLEDPT /4000/840/12- 240 /MP /H2 /F1 or approved equal. 2. For single pole fixture shall be: Lighting by Design LBD /66 /3K/V3 /MOG /NL or approved equal. 3. For surface mount parking structure lights the fixture shall be: Simply LED CLG- 60 -C -AP or approved equal. 4. For shoe box style the fixture shall be: Deco Digital D816- LED- 80- 50- UNV -PM -BZ or approved equal. Approved Equal: Fixture submittals for approved equal must be submitted one week prior to due date of proposals with actual fixture samples due on proposal due date. ALTERNATE PROPOSAL calls for providing fixtures only with no installation. All testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified shall be included in the "provide only" cost. II. IMPLEMENTATION 1. City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. The term of the contract shall be for one (1) year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. A. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $500 per day for such breach, in addition to any cost, fines, etc. levied against the City. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 110 B. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. C. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements and as they may be amended or updated throughout the term of this contract. D. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. E. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. F. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. G. SCOPE OF WORK/SPECIAL PROVISIONS The Request for Proposals calls for removal and disposal of existing luminaires; furnishing and installing new LED street lights and all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaires. All salvaged luminaires shall be delivered to the City Corporate Yard at no cost to the City. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director or his authorized representative shall have the authority to accept /reject materials, workmanship and to make minor changes in work or schedule. When the RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 111 performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due to the Proposer, or if the amount is insufficient to cover payment, the Proposer shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Proposer, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. PROPOSER Local Office The Proposer shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Proposer will not be allowed to store equipment or materials at any contracted area. 2. Submittals The Proposer shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits The Proposer shall possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -10, a City of Santa Ana Business License. 5. Work Force a. The Proposer shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. The Proposer shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Proposer or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed on this proposal. No other subcontractors shall be permitted without prior written consent by the Director. C. The Proposer shall be responsible for skills, methods, appearance and action of Proposer's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and /or legal residents. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 12 d. The Proposer shall perform the work provided for in this proposal under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material The Proposer shall submit a list to the Director all materials that the Proposer proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or suhmIffPH Qhnn ko ,., a..0 Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all non - recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service The Proposer shall be able to receive and respond to the City's call for emergency service twenty -four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. 10. Cleaning Any and all parts removed and replaced, including but not limited to, globes and finials shall be cleaned before being replaced on the fixture. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 13 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. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writin . Provide & Install Extended Extended Unit Price Unit Price Extended Total Total Price Line Description Quantity. Unit w /Globe w/o Globe. Price wlGlobe w/o Globe 1 15OW EQUIVALENT -Post Top Retrofit 368 EA w/o Globe Price wlGlobe w/o Globe 1 150W EQUIVALENT -Post Top Retrofit 15OW EQUIVALENT Surface Mount 113 EA 2 Structure Luminaire IVI 2 Structure Luminaire 3 25OW Equivalent Shoe Box Luminaire 10 EA 3 250W E quivalent Shoe Box Luminaire Total Extended Cost EA ALTERNA I t FJKUt USP.L Provide Only Extended Unit Price Extended Total Total Price Line Description Quantity w/o Globe Price wlGlobe w/o Globe 1 150W EQUIVALENT -Post Top Retrofit 368 150W EQUIVALENT Surface Mount 113 IVI 2 Structure Luminaire 3 250W E quivalent Shoe Box Luminaire 10 EA Total Extended Cost Go Green LED Alternatives, LLC LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS P.O. Box 277 Yorkville IL 60506 O: (630)551 -1533 F:(630)554 -8518 BUSINESS ADDRESS Sandra Goeken President &Owner PRINTED NAME OF AUTHORIZED AGENT TITLE smiles @gogreenled.com SSI- Gr7N'ATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS 26- 3224144 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. FOR LED Page 114 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 Customer Name: Village of Oswego Address: 100 Parkers Mille Oswego, IL 60543 Contract Amount: $8490 Description of supplies, equipment, or services provided: Contact Individual: Brian LeClercq Phone Number: (630)383 -0106 Facsimile Number: (630)554 -3306 Year: 2014 Replaced 250W Sodium Vapor Street Lights with 120W LED Streetlights Reference Customer Name: Jewish Federation Address: 30 South Wells St Chicago, IL Contract Amount: $120,000 Description of supplies, equipment, or services provided: LED lighting for schools Reference Customer Name: Grand Victoria Casino Address: 250 S. Grove Elgin, IL 60120 Contract Amount: $100,000 Description of supplies, equipment, or services provided: Total retrofit of all lighting in the Casino Contact Individual: Phone Number: Facsimile Number: Year: 2012 Reis Keyser (312)673 -2306 (312)735 -4105 Contact Individual: Brett Terwilliger Phone Number: (847)531 -7614 Facsimile Number: Year: 2012 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 & SARTC STRUCTURE LIGHTING Page 115 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. Firm Go Green LED Altematives, LLC Signed and Printed Name:•��i�G��/�Gt°����!%� 5�(Vl A Title Owner & President Date 10/14/14 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 & SARTC STRUCTURE LIGHTING Page i 16 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 117 no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Go Green LED Altematives, LLC Signed and Printed Name,, Title President & Owner Date 10114/14 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. LED POST TOP RETROFIT STREETLIGHTS & Page 118 2. EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? 2 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. What is your firm's average gross revenue for the last three years? $--LO 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes © No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. 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 ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 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 ® 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 ® No 7. Has your firm ever defaulted on a contract? ❑ Yes ® No If "yes," explain on a separate page. 8. 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 bidding on, or completing, any government agency project for any reason? ❑ 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 ® 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 & SARTC STRUCTURE LIGHTING Page 119 10. In the past five years, has your firm made any claim against a project owner concerning work on a roject or payment for a contract, and filed that claim in court or arbitration? ❑ Yes 8 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 issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ® No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew he insurance No policy for your firm? 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? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state Yes rime No fraud, theft, or any other act of dishonesty? El 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 firm had no surety bond in place during a project Yeso❑ No required? El 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "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 ruled 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 against 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 not 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. 9 Page 120 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ 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 & SARTC STRUCTURE LIGHTING Page i 21 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 CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 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 proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, 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 cost 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. Note: The above noncollusion 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. State of California, County of Orange Country Subscribed and sworn to (or affirmed) before me on this 1 '4 f_� day of O 20_L� , by C 0 ,-;jru Goe Kew ^ Ies proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. OFFICIAL SEAL ROSLYNN WILDE Notary Public - State of Illinois My Commission Expires Feb 6, 2018 A u c Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. TOP RETROFIT STREETLIGHTS & Page Izz EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS Insurance Company ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Valley Forge Insurance Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 20508 The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 418/14 , this endorsement form as a part of Policy # _ Issued to Go Green LED Alternatives, LLC Countersigned Representative 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 & SARTC STRUCTURE LIGHTING Page 123 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PERFORMANCE REQUIREMENTS FOR SOLID STATE LIGHTING (LED) All luminaires shall be designed as a minimum replacement for either 150W HPS post top luminaire or 70W HPS post top luminaire. It is the City's desire to maintain the historical integrity of the streetlights and reserves the right to waive any of these requirements. nadd cation proposal. these minimum requirements must be clearly designated All luminaires shall be SCE preaualifled. Warranty 1. Written warranty must be provided by manufacturer for full replacement of the luminaire, including labor, due to any failure for a period of seven (7) years. 2. Luminaires shall, at the sole discretion of the City, be repaired or replaced if the luminaire fails to function as described in the above specifications for a period of eighty -four (84) months from date of installation. 3. Manufacturer shall provide written documentation of its ability to satisfy a catastrophic warranty claim. Luminaire failure rate of fifteen (15) percent shall be considered catastrophic. Any failure to function as specified shall be considered luminaire failure. 4. Warranty period shall begin on date of completion. The supplier will provide the City with appropriate signed warranty certificates. The site owner shall receive certificates prior to final payment. Section 1: Retrofit Requirements Proposed Retrofits shall comply with the following requirements: A. General Requirements 1. The retrofit manufacturer shall have produced LED retrofits for decorative street light luminaires for a minimum of 5 years at the time of this bid. 2. Proposed products must be available, in full production, and qualify for the Southern California Edison Energy Incentive at the time of this proposal. Proposals for prototypes and conceptual products will not be accepted. 3. Proposed products must be able to retrofit all required HID decorative street light wattages, and must be able to fit in a variety of pole configurations. B. Mechanical Requirements 1. Heat sinking for the Retrofits and electrical components shall be integral to the Retrofit itself, be passive with no moving or active parts with no moving parts, fans or heat pumps. It shall be shaped to maximize heat movement, and designed so that dirt and debris will not accumulate between fins or channels. 2. The Retrofit shall operate in ambient temperatures of -40 °C ( -40 °F) to +40 °C (104 °F). RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SAR i C STRUCTURE RUCTURE LIGHTING Page J 24 3. The finish (paint) shall withstand minimum 1000 hours salt spray resistance testing per ASTM 8117 (extruded aluminum may be anodized instead of painted). C. LED Package (Light Source) Requirements 1. The LEDs shall be from Cree, Philips Lumileds, Nichia, Osram or equivalent. 2. The LED package shall have been tested for a minimum of 6000 hours per IES LM- 80 -08. 3. The LEDs shall be available with a nominal correlated color temperature (CCT) between 2700K - 4000K. 4. The LEDs shall have a minimum color rendering index (CRI) of 70. 5. The projected L70 lifetime (the point in time at which the LEDs are expected to produce only 70% of their initial lumen output) for the Retrofit shall be a minimum of 70,000 hours. Manufacturer shall supply a calculation pursuant to the Department of Energy TM -21 calculations. Please follow this link to the DOE TM -21 calculator — www eneraystar.00vrTM -21 calculator. D. Photometric Requirements 1. The Retrofit shall deliver gross 90 lumens per watt (LPW) minimum at 350 mA drive current. 2. The Retrofit shall have been photometrically tested in a DLC approved fixture per IES LM -79 -08 by and independent laboratory, or an in -house laboratory with NIST NVLAP accreditation. 3. Photometric Specification: a. The Retrofit light engine shall have a minimum total luminous output of 4,700 lumens and a total wattage draw of no more than 75 watts for the 150 W replacement and have a minimum total luminous output of 2500 lumens and a total wattage draw of no more than 35 watts for the 70 W replacement, b. The manufacturer shall provide documentation via a photometric layout that their Retrofit as installed in the decorative luminaire meets the photometric performance requirements for sidewalk lighting as follows: i. Parameters: 80 -ft. pole spacing, single row, 14 -ft. mounting height, 10 -ft. wide sidewalk, 3 -ft. setback. Retrofit light loss factor (LLF) no higher than 0.85. ii. Requirements: The Retrofit shall have a Type V distribution, and shall provide pedestrian walkway lighting consistent with 0.50 fc minimum average horizontal luminance, and an avg /min uniformity ratio of 4.0 or less, per IES RP -08 walkway lighting recommendations. E. Electrical Requirements 1. The driver (power supply) shall have the following characteristics: a. UL recognized component listed for outdoor use b. Minimum power factor 0.90 c. Maximum THD (Total Harmonic Distortion) 20% d. Compliance with FCC Title 47, Part 15 (Class A) 2. The driver shall be available with input voltage ranges from 120 -277 volts. 3. The driver, as operated in the luminaire, must not exceed the driver manufacturer's maximum case temperature limits for a rated life of at least 50,000 hours. 4. The Retrofit shall be protected against surges according to IEEE C62.42 C High (10 kA and kV). RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 25 Testi ng /Certification /Com pliance 1 complying w h must be UL 15980 i and UL 8750 (Examples of NRTLs include CSA, I tertek [ETL], and UL). 2. Retrofit manufacturers that operate factories that are ISO9001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts, TsP, or TMPLED point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TsP temperature of the innermost LED is no more than 60 °C. The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents 1. Proposers shall submit the following with their proposals, for each proposed product model: a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. IES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 In. Product lumen depreciation curves used to determine LLF for Section 3 calculations. 2. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab, or in -house lab in an NRTL acceptance program tC (test at t25 °C ambient o Section r higher) A.1 How long has your company peen i Yes manufacturing LED retrofits for 5 YEARS long has this model /generation I Yes 1 2 YEARS LL LIGHTING Page I zo C.3 CCT °K Yes 4528 CA CRI Yes 76 C.5 Projected L70 life hours Yes 50,000 D.1. LPW Yes 92 D.2 IES Photometric Testing to LM -79 Yes D.3.a Total Luminous Output Yes 10576 D.3.b Photometric Layouts Yes E.1 Available input voltage range(s) Yes 110-277 E.3 Driver rated life and max case temp Yes 50,000 HRS EA Sure protection level? Yes 1000 V F.1 NRTL File Number Yes F.2 Is factory IS09001? Yes YES F.3 Is product RoHS compliant? Yes YES FA Is product on DLC QPL? Yes YES G.1 Are all required documents included? Yes YES Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 127 F. Testing /Certification /Compliance 1. The Retrofit must be classified by an OSHA Nationally Recognized Testing Laboratory (NRTL) as complying with UL 1598c and UL 8750 (Examples of NRTLs include CSA, Intertek (ETL], and UL). 2. Retrofit manufacturers that operate factories that are ISO9001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts, TsP, or TMPLED point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TsP temperature of the innermost LED is no more than 60 °C. The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents Proposers shall submit the following with their proposals, for each proposed product model: a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. IES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 h. Product lumen depreciation curves used to determine LLF for Section 3 calculations. 2. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab. or in -house lab in an NRTL data acceptance program (test at 25 °C ambient or higher) Section 2: Product Checklist I� 1 Description — Product mmanufacturer Re Yes d Response A.1 How long has your company been manufacturing LED retrofits for decorative street lights? Yes . A. —I How long has this model /generation Yes j been produced? -, AA B.3 Warranty In years Luminaire ambient temperature ran e Yes _.- 13 4 How man hours ASTM B117 testin ? Yes -- C.1 LED manufacturer and model number Yes T_ i Page 126 C.3 CCT °K Yes (' 7 CA CRI Yes (� C.5 Projected L70 life hours Yes DA. LPW Yes c3 1 D.2 IES Photometric Testing to LM-79 Yes D.3.a Total Luminous Output _ D.3.b Photometric Layouts Yes E.1 Available input voltage range(s) Yes } } rE.3 Driver rated life and max case temp Yes EA Sure protection level? Yes w'tr F.1 NRTL File Number Yes F.2 Is factory IS09001? Yes _ h i; F.3 Is product RoHS com liant? Yes (r- FA Is roduct on DLC QPL? Yes y G.1 Are Are all required documents included? Yes ti ' Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 127 F. Test ng /Certification /Comp[lance 1. The Retrofit must be classified by an OSHA Nationally Recognized Testing Laboratory (NRTL) as complying with UL 1598c and UL 8750 (Examples of NRTLs include CSA, Intertek [ETL], and UL). 2. Retrofit manufacturers that operate factories that are ISO9001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts, TsP, or TMPLED point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TsP temperature of the innermost LED is no more than 60 °C. The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents Proposers shall submit the following with their proposals, for each proposed product model a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. IES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 h. Product lumen depreciation curves used to determine LLF for Section 3 calculations. 2. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab, or in -house lab in an NRTL data acceptance program (test at 25 °C ambient or higher) Section 2: Product Checklist tem Description Required Response - Product manufacturer Product model number Yes Yes r3 _ f Le__ How long has your company been manufacturing LED retrofits for decorative street lights? I Yes A.2 How long ths modellgeneratlon been pro duced? Yas` Li t } _— A.4 Warranty (in years) Yes qt `,IhL B.3 Luminaire ambient temperature ran e Yes _ 8.4 How many hours ASTM B117 testin ? Yes C.1 LED manufacturer and model number ^ Yes RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 126 C.3 CCT °K Yes e- ->Grb /'-, CA CRI Yes i .9 C.5 Projected L70 life hours Yes 'p ul'h D.1. LPW Yes D.2 IES Photometric Testing to LM -79 Yes D.3.a Total Luminous Output Yes D,3.b Photometric Layouts Yes t, 7 E.1 Available in ut voltage range(s) Yes E,3 Driver rated life and max case temp Yes EA Sure protection level? Yes " f, F.1 NRTL File Number Yes F.2 Is facto IS09001? Yes F.3 Is product RoHS compliant? Yes F.4 Is product on DLC QPL? Yes Yes _ GA Are all required documents included? Yes Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 27 LAMP Pos-r LIGHTING - 35W & 45W Borealis LED Post Top Lighting Design Lab (LDL) Qualified Product is an environmentally friendly, energy saving solution for replacing conventional fluorescent, HPS and metal halide lighting. Borealis LED Lights produce a higher CRI, resulting in sharp, accurate color rendering of objects creating better visibility and enhancing safety in industrial and commercial spaces. Borealis lighting features an instant "on" with no cold starting as compared to HPS lights, is not affected by vibration, and is better equipped to withstand extreme temperature variations. In addition to its lower energy usage, motion sensors and lighting controls can also be used with Borealis lighting to further reduce operating costs. ovcawraovEw I I I1 Rfti • Lighting Design Lab (I • 50,000 hour life • Replaces 150W and '175W Metal Halide lamp • Non - dimmable • Suitable for Damp Locations • Beam: 360° • Input voltage: 85 - 277VAC, 460mA, 50 /60Hz • Base: E26 Medium Base or E39 mogul • 5 year limited warranty • Dimensions: 9.25" x 3.25" • Street lighting • Roadways • Security Lighting • Municipal Lighting • Parks and Recreation Lighting 7 }❑ 10, 00 ! ❑ ❑ 13 ❑ a o i ❑ ❑ sur 14 a O �, ❑ ❑ a ❑ aj❑ ❑ LPLC- 35W- 57K•277Y -E26 lot❑ I❑ 35 r235— o o ! t ❑ 0 ❑ 'n' 1 !0f❑ H n ovcawraovEw I I I1 Rfti • Lighting Design Lab (I • 50,000 hour life • Replaces 150W and '175W Metal Halide lamp • Non - dimmable • Suitable for Damp Locations • Beam: 360° • Input voltage: 85 - 277VAC, 460mA, 50 /60Hz • Base: E26 Medium Base or E39 mogul • 5 year limited warranty • Dimensions: 9.25" x 3.25" • Street lighting • Roadways • Security Lighting • Municipal Lighting • Parks and Recreation Lighting 7 LPLC- 35W- 57K•277Y -E26 35W 728001M 80.6Im W SSOOK 83.5 120V LPLC-45W- 57K- 277V•E26 45W 85.51mAV 5500K 83.9 120V Note: Special orders available based on project needs. Contact Polyerlte for MLA j. Designed by PolyBrite International, Inc. C UL US LISTED Be, *REALIS I it 1Vr>t lLrllhc adl t li `: d,a �il,e. IL tA��hi [el 1.600 v q;(,I - �>>�-.� r-W> ,hr nP,�:+m LPtii4SA I-U- Tar&Mg mtauadesx s#to ,radny's LED Ggbtmg f L muvld S 1 • 10OW —40OW HPS replacement • High color rendering for improved visibility • Produces a sharp, pure color without glare • Greater control of light dispersion reducing light pollution • Instant "on' with no cold starting as compared to HPS lights • Compatible with motion sensors and lighting controls further reducing operating costs • Better equipped to withstand extreme temperature variations • Not affected by vibration • Vandal resistant • CEILVD, CE /EMC, RoHS compliant • Useful life — 50,000 hours at L70 • 5 year warranty gs}15, \ 'C' JIM C F. L VS .t om SM 1) P.11 Lr1C B'4sREALI3` 1 $1111 U tall ti�ri� V �',iiia ht f. �.n;n t `V }e'<Ie's,A 1 -006 TWWiX9*WMH*I9 frtiv tadal IUD *Ong e *df Y' E y'S 34 n - - CLSM5050 51W 4491 2.0-2 4468K 75 88 InVW 0.96 M080 76W. `. 6971. 2-0-2 - ` 4533K -76 91 IM/W 0.94 96W 8419 2.0.2 4500K 76 881m/W 0.96 r(CLWA55096 10576 2 -0.2 4528K - 76 42I/WM5160 M5115 115W 160W 14400 2 -0 -2 4500K 76 901m/W 0.99 gs}15, \ 'C' JIM C F. L VS .t om SM 1) P.11 Lr1C B'4sREALI3` 1 $1111 U tall ti�ri� V �',iiia ht f. �.n;n t `V }e'<Ie's,A 1 -006 TWWiX9*WMH*I9 frtiv tadal IUD *Ong �PF( , ti-It -AM)h5 • Input voltage: 120V — 277VAC, • Working current: 1250mA • Power supply frequency: 50/60 Hz • IP rating: IP65 • Working temperature: —40 "F - 122 °F (-40 °C -- 50 °C • Working humidity: 10% — 95% • Typical mounting height of 9 -50 feet* • Lamp body material: Powder Coated Aluminum Alloy • Depending on model a� ����"u�rf ?�'.av3 °...R CLSM5050 K.._: W z�5"?: 4.7 kgs, 10.36 tbs. 'XV ry t r< '}F,J'�..n Y� 7 kgs, 15.43 lbs. S` c-x 't i 360 x 375 x 320 mm, 14.17 x 14.76 x 12.59 inches CGSM5080 S.9 4,13 Ibs: - 8 kgs, 17.63 lbs. - 420 x 375 x 320 mm, 16.53 x 14.76 x 12.59 Inches CLSM5096 Ti kgs, 15.65 lbs. 9 kgs, 19.84 lbs. 475 x 375 x 320 mm, 18.70 x 14.76 x 12.59 inches CLSM5115 8.3 kg;, 18.2916s. 11 kgs„ 24 25 lbs. 535 x 375 x 320 mm, 21.06 x 14.76 x 12.59 inches CLSM MO 10 kgs, 22.04 lbs. 12 kg5, 2 6.4 5 Ihs. 645 x 395 x 265 mm, 2.5.39 x 15.55 x 10.43 inches B :REALISsk. I ! ,1,6,1x „l,��,�I In \r ,t o".61 S:id, �, tl, l it] titp r - IL 6( %'i65 lrl F40t J pi x+x +� tt t Bali; f m _.r �m l ! I! Filename: SL2120W 40K T5 Manufacturer: Polybrite Int. Luminaire: SL2 120W 40K T5 Lamp: LED Lamp Cat: LED Lamp Output: 1 lamp, rated Lumens /lamp: 11238.2 Max Candela: 7,138.1 at Horizontal: 45A °, Vertical: 45A° Input Wattage: 131.53 Luminous Opening: Rectangle (L: 9.45 ", W: 7.09 ") Test: LCGP13100012 Test Date: 2013 -10 -18 Photometry : Type C CIE Class: Direct Cutoff Class: Cutoff Nema Type: 5 X 6 Zonal Lumen Summary Zone Lumens % Lamp% Luminaire 0 -30 2,876.6 25.6% 25.6% 0 -40 6,052.6 53.9% 53.9% 0 -60 10,848.396.5% 96.5% 60 -90 346.2 3.1% 3.1% 70- 100143.2 1.3% 1.3% 90- 12010.4 0.1% 0.1% 0 -90 11,194.599.6% 99.6% 90- 18042.3 0.4% 0A% 0 -180 11,236.8100% 100% Polar Candela Distribution 7.200 100° 170° 1600 1506 140- 6,000 4.800 33,600 2.400 1,200 C6:0 l.zo0 2,400 3.600 4,800 6,000 7.200 M 00 100 200 300 0 -06H ,If'. -456H ■ -900H Lumens Per Zone Zone Lumens % Total Zone Lumens% Total 0 -10 264.8 2.4% 90 -100 2.8 0% 10- 20862.8 7.7% 100- 1103.2 0% 20- 301,749.015.6% 110 - 1204.3 0% 30- 403,176.128.3% 120 - 1306.0 0.1% 40-503,571.131.8% 130- 1405.3 0% 50- 601,224.610.9% 140- 1506.3 0.1% 60- 70205.9 1.8% 150- 1606.7 0.1% 70- 8089.3 0.8% 160 - 1705.5 0% 80- 9051.0 0.5% 170- 1802.2 0% 1300 120° 1100 1008 50- 80- 700 600 So- 404 is 0 20 fc 2.5 fc 0.2 fc 111110 fc 0 1 fc 0.1 fc 0 5fc 0.5 fc Distance in units of mount height (I Oft) Coefficients Of Utilization - Zonal Cavity Method Effective Floor Cavity Reflectance: 20% RCC %:80 70 50 30 10 0 RW %: 70 50 30 0 70 50 30 0 50 30 20 50 30 20 50 30 20 0 RCR: 0 1. 191.191 .191.191.161.161.161.001.111.1 l 1 .111.061.061.061.021.021.021.00 11. 111.071.041.01 1.081.051.02.89 1.01.98 .96 .97 .95 .93 .93 .92 .90 .88 Isofootcandle Plot Illuminance at a Distance c 4 3 2 1 0 1 2 3 4 Center Beam fc Beam Width 681.6 fc: 4.1 ft 3.6 It 4 - UR 170.4 fc 8.3 R 7.3 ft 3 4.OR 75.7 fc 12.4 ft 10.9 ft 6.UR L -- ----- -•- --, s.UR 42.6 fc 16.5 R 14.6 ft 1 27.3 fc 20.7 ft 18.2 ft to.UR 0 ' ■Vert. spread; 91,9° ■Honz. Spread : 84.6° is 0 20 fc 2.5 fc 0.2 fc 111110 fc 0 1 fc 0.1 fc 0 5fc 0.5 fc Distance in units of mount height (I Oft) Coefficients Of Utilization - Zonal Cavity Method Effective Floor Cavity Reflectance: 20% RCC %:80 70 50 30 10 0 RW %: 70 50 30 0 70 50 30 0 50 30 20 50 30 20 50 30 20 0 RCR: 0 1. 191.191 .191.191.161.161.161.001.111.1 l 1 .111.061.061.061.021.021.021.00 11. 111.071.041.01 1.081.051.02.89 1.01.98 .96 .97 .95 .93 .93 .92 .90 .88 21.03.96 .90 .86 1.00.94 .89 .78 .91 .86 3.95 .86 .79 .73 .92 .84 .78 .68 .81 .76 4.87 .77 .69 .63 .85 .75 ,68 .60 .73 .67 5.80 .69 .61 .55 .78 .68 .60 .52 .66 .59 6.74 .62 .54 .48 .72 .61 .53 .46 .59 .52 7.69 .56 .48 .42 .67 .55 .47 .41 .54 .46 8.63 .51 .42 .37 .62 .50 .42 36 .49 .42 9.59 .46 .38 .33 .58 .45 .38 .32 .44 .37 10.55 .42 .34 .29 .54 .42 .34 .29 .41 .34 Luminaire Report Summary IESNA:LM -63 -1995 [TEST] LCGP 13100012 [DATE] 2013 -10 -18 [MANUFAC] Polybrite Int. [LUMCAT] [LUMINAIRE] SL2 120W 40K T5 [LAMPCAT] LED [LAMP] LED FILE: CANDELA MULTIPLIER: I FILE: VERTICAL ANGLES: 181, HORIZONTAL ANGLES: 25 FILE: COORDINATE SYSTEM: TYPE C FILE: UNIT OF MEASURE: METRIC FILE: BALLAST FACTOR: I 83 .87 .84 .81 .85 .82 .79 .77 71 .79 .74 .70 .76 .72 .69 .67 62 .71 .65 .61 .69 .64 .60 .58 54 .64 .58 .53 .62 .57 .53 .51 47 .58 .51 .47 .56 .51 .46 .44 41 .52 .46 .41 .51 .45 .41 .39 37 .47 .41 .36 .46 .40 .36 .34 32 .43 .37 .32 .42 .36 .32 .30 29 .40 .33 .29 .39 .33 .29 .27 Photometrics Pro 1.3.21 copyright 2003 -2014 byjSolutions, Inc. Reported data calculated from manufacturer's data file, based on IES recommended methods. EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PROPOSER QUALIFICATIONS 1. The manufacturer of the proposed LED luminaires is required to have a minimum of five (5) years in business manufacturing outdoor street lighting. The Proposer shall provide and attach documentation to this RFP verifying this experience. In this documentation include any additional experience in other street light technologies and types other than LED cobra - head -style street lights. 2. The Proposed manufacturer is required to provide proof of sale and delivery of at least one thousand (1,000) LED lighting fixtures similar to the items in this RFP to public agencies or utilities within the United States of America in the past three (3) years. This submittal should indicate the specific type, and to whom the items were delivered, and the total number that have been installed to date. The Proposer shall provide and attach documentation to the RFP verifying this level of experience. 3. The Proposer is required to be a manufacturer, manufacturer's authorized distributor, or manufacturer's authorized installer for LED street light luminaires that are submitted in this RFP. The Proposer shall provide and attach documentation to the RFP verifying its status as a manufacturer, manufacturer's authorized distributor, or manufacturer's authorized installer. 4. Proposer must certify that luminaires shall conform to the current Illuminating Engineering Society (IES) definition of "Full Cut -Off," with zero (0) illumination at an angle of ninety (90) degrees above the luminaire. 5. Proposer must provide IES files for each fixture type from an IES- certified testing facility. Proposer certifies that it will provide IES files for each fixture type to be offered to meet the attached specification. 6. Proposer must certify that it has sufficient access to both required product, labor and resources to supply the contract number of luminaires within eight (8) weeks of execution of the Agreement. 7. Proposer certifies that it has the financial capability to furnish the required bonds and securities (material, payment, and securities) which the successful Proposer will be required to furnish at the time of execution of the Agreement. 8. Proposer must provide manufacturer's Certification of Warranty for a minimum of seven (7) years. Warranty shall include all components of the luminaire. 9. Proposer must provide a notarized document indicating that the products supplied by the company, whom any future agreement or contract may be contemplated, are not named in any intellectual property dispute. 10. Any Proposer that fails to provide the required proof of qualifications shall have its proposal declared "nonresponsive" and its submittal shall not be considered for this proposal. By submission of a proposal, Proposer's agree that the City of Santa Ana shall make the sole determinations as to the Proposer meeting these minimum qualifications. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 28 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November, 2014 by Inc. (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 LED street light manufacturing and installation of LED luminaires. B. Proposer represents that Contractor is able and willing to provide such services to the City. C, In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: (.SCOPE OF SERVICES Contractor shall perform those services as identified as scope of work in Exhibit A of the Request for Proposals. II.COMPENSATION A. The City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in scope of work and contract term th Agreement um to be expended under this Agreement shall not exceed $ 9 B. 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 1. The term of the contract shall be for one (1) year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 2. The contractor shall deliver and install all items under this contract within a period of one year from this date unless terminated earlier in accordance with Section XII. 3 prices set forthpn contractor's proposals, attached htereto and incorporated by reference, TOP RETROFIT STREETLIGHTS & SAR 1 c 5 i nun i unE LIGHTING Page J 29 (i) Invoices a. The contractor shall submit an invoice upon completion of the project to the City. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 4. Extra Work No new 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 Engineer or his designee in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 5. Payment by City shall be made within sixty (60) days following receipt of invoice. 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. IV.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 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. V.INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or without limitation, act 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 One Million Dollars ($1,000,000.00) per occurrence. Contractor shall supply City with fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. 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 RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 13o 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,Ooo,o00.00) 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. E. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 1. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2. Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 3. 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. VI.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 contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The 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. VILCONFIDENTIALITY 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 Page 161 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. VIII.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. IX.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in the 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 And: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax (714) 647 -6515 X.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, that terms and conditions hereof, shall not bind or obligate Contractor 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. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 132 XLASSIGNMENT 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 services which are the subject to this Agreement performed by the City personnel or by other Contractor retained by City. XILTERMINATION This Agreement may not 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 products 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. XIII.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. XIV.JURISDICTION —VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. XV.PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United 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 their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. XVLRESPONSIBILITY 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 his employees in connection with the performance of this work. & SARTC STRUCTURE LIGHTING Page i s:j XVILFAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that in the short run, 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. 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 the Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of 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 forfeiture for noncompletion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors. XVIII.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 Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. XIX.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. XX.UTILITIES Any damage to utility lines that occurs shall immediately report to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. XXI.ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. XXILPROTECTION 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, brick work, 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. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 34 XXIII.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. XXIV.MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and /or extraordinary maintenance of this contract. 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 Public Works Agency. 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 illumination if in place during hours of darkness. XXV.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 his operation, then these will be considered to be of an emergency nature and cause the City to move in on the project 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. XXVLAPPRENTICESHIP 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. XXVILSUBCONTRACTORS 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. C. Subcontract any portions 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. XXVIII.MISCELLANEOUS PROVISIONS II. 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. POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page i 35 III. 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 H. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Joe Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CITY OF SANTA ANA David Cavasos City Manager CONTRACTOR (Title) RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 1 36 City of Santa Ana Request for Proposals for LED Retrofit Downtown Streetlights SARTC Parking Structure Lighting Project #14 -048 Submitted by: Power Lux" " Corporation Factory Address: 1260 Liberty Way, Suite E Vista, CA 92081 Mailing Address: 2588 -F El Camino Real, Suite 333 Carlsbad, CA 92010 Office Phone: (760) 727 -2360 Fax: (760) 727 -9332 Project Manager: Kenneth Lau, President Cell Phone: (760) 458 -8930 Email: klpowerlux @gmail.com I am legally authorized to bind this proposal.I acknowledge receipt of all addendums. Included in this RFP is cashier's check for $11,200.00 for the Performance Bid Bond. Kenneth Lau Date Po r d x"O Corporation Proposalfor City of Santa Ana Project 14 -048 Table of Contents Exhibit Tab Cover Letter Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Section 2 Product Checklist Cut Sheets Tab PowerLux LED Custom Retrofit Kit Brochure PowerLux Installation Instructions (with globe) PowerLux Installation. Instructions (no globe) Driver Cut Sheet Surge Protector Cut Sheet LED Module Cut Sheet Reports Tab LM -79 Report In -situ Temperature Report PowerLux Information Tab PowerLux Packing List for Samples sent 10/8/2014 PowerLux Project List PowerLux Reference List Addendum Tab Addendum One PEA I "" Corporation The Brightest Way to Save! TM 1260 Liberty Way, Suite E Vista, CA 92081 (760) 727 -2360 October 10, 2014 City of Santa Ana Kurt Wiemann Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Project #14 -048 Dear Mr. Wiemann: 'Powe r .imp Corporation is pleased to submit this RFP for LED Post Top Retrofit Streetlights & LED Parking Structure Lighting for the City of Santa Ana. PowerLuA0' Corporation, a California certified Small Business (SBE) is based in Vista, California. We are a manufacturer of sustainable and heat sensitive energy efficient lighting products since 1994. The Company is the manufacturer of the patented PoexO line of electronic ballasts, adaptors and luminaires for Light - Emitting Diode (LED), Electrodeless Induction Lamps (Induction) and Compact Fluorescent Lamps (CFL). +emu. ,'tD uses its unique and intimate knowledge of electronics in designing luminaires with sustainability. We also specialize in custom designing and retrofitting luminaires for other customers including retrofitting historical street lamps in the City of Orange, City of Riverside, City of Los Angeles and City of Santa Ana. Conversions have led to high energy savings while maintaining the distinct image of each locale. oiwe Lisa* has also completed projects for Bay Area Rapid Transit (BART), 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 omyer£a scr' 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 to continue our relationship with the City of Santa Ana. Please feel free to contact me if you require additional information or have any questions regarding this submittal. Sincerely, Ken Lau, LC President Powe,rLwg', Corporation 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 Customer Name! \�u • � • - 1\0 fir.. 1Description of supplies, equipment, or services provided: Reference Contact Individual y \carAe;Z Phone Number: cax?al 011�i– – 1a-0q Facsimile Number: Year: s7SLJos -. Customer Name: 0,0-up, Contact Individual: -I . Address: �C LAP l_cAC➢ Contract Amount: `%r5C� a.CXa:) Phone Number: - %LASlr, Facsimile Number: Year:�C70�J Description of supplies, equipment, or services provided: �VCJ`c \F7L.? i "N6c,=jz CAa A Reference Customer Name:'�`CNG ' —. ®6 �\c S Contact Individual . 0,60 O �s Address:NE)cJkk F—. Gn \� Phone Number: "a�?5�' �Z�a� C�� aa�cc ®r�C E�, �1���acsimile Number: Contract Amount: Description of supplies, equipment, or services provided: Year: Q(2(j(s1Cee'aszy� 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 & SARTC STRUCTURE LIGHTING Page 115 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. Firm �C-IKOJ A ,,,4-f. r..,p 1� 0cs 011\ Signed and Printed Name: Title esSaCru\�e Date \CAXA, \u 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 & SARTC STRUCTURE LIGHTING Page J 16 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 Proposais. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations, I am familiar with all the exzling conditions and limitation that may impact work requests. I understand and agree that I em 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 casts for labor, rwerhead, incidental supplies, travel, miieege, and fuel. Any special materials will he purchased by the contractor only after discussed and authorized by the City, projects manager or designee in writing. Provide & Install Line Description quantity Unit Unit Price Unit Price Extended Total Extended Total -.. wlGlobe w1c, Globe Price wlGlohe Price wio Globe 1 1SOW EQUIVALENT-Past Ta p "Sire 8 5 EA Retrofit lo" °- ' :3t CAS-5 2 15DW EQUIVALENT-Post Tap "Double 54a. EA -.. .. Retrofit King" LA 1 4a � i C' Sa 150W EQUIVALENTSarlace Mount Structure Utminaire 115 EA 3 15DW EQUIVALENT Surface 10 SA C(,,L 6. (o I .�V y Total Exlenrdctt Cost T'e" Mauat Structure LUminaire ,,,�^ •�, 4 25DW Equivalent Shoe Sox 10 EA Luminalra Total Extended Cost ALTERNATE PROPOSAL PrtSVlde onl Line Description quantity Unit Unit Price Unit Prica Extended Total Extended Total -.. w /Globe _ w10 Globe Price w7Giebe Price win Globe Is %54W QUIVALEENT -Post Tap 85 EA - ,� ktt,c :3t CAS-5 21 150W EOVIVALENT•PUst Tap D44 EA -.. .. Retrofit "Double King" LA 1 4a � i C' Sa 150W EQUIVALENTSarlace Mount Structure Utminaire 115 EA as 25eW Equivalent Shoo Box Luminah 1D EA C(,,L 6. (o I .�V ( LA ,C7r1 y Total Exlenrdctt Cost T'e" THIS -COMPLETED AND PROPOSALS THAT DO NSOTCONTAIN THIS FORM WILL BE WITH THE PRO T. POSAL. __ -- E CONSIDERED NOINRESPONSIU'E. s p rte RFP FOR LED COBRAHEAD STREETLIGHTS ADDENDUM #1 Page 117 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 17 Finn Sigi no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Title t"0�2,�ae�3..s2�� Date \1� .\ b 1 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 & SARTC STRUCTURE LIGHTING Page J 18 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS RESPONSIBLE PROPOSER- SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a ear-rtraeter under your present business name and license number? \Qi5Zk1-k 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? $ \ A Vs\NkkkCn Is your firm currently the debtor in a bankruptcy case? ❑ Yes ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. 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 K No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. '(\ ICS.. Y\\ C,- (--\ \ a- Case Number Bankruptcy Court Date Filed 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 ® No 7. Has your firm ever defaulted on a contract? ❑ Yes [R No If "yes," explain on a separate page. 8. 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 bidding on, or completing, any government agency project for any reason? ❑ Yes .K 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 [5( 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 & SARTC STRUCTURE LIGHTING Page I 19 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes 5< 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 issued on your firm's behalf in connection with a project, either public or private? ❑ Yes 5� No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes M 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? ❑ Yes ,U, No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes Z 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, 11l c� % 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 firm had no surety bond in place during a project when one was required? ❑ Yes 56 No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes Z No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled 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 against 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 not 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. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 12-0 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. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Provide &Install Line Description Quantity Unit Unit Price Unit Price Extended Total Extended Total w /Globe w/o Globe Price w /Globe Price w/o Globe 1 150W EQUIVALENT -Post Top 55 EA Retrofit "Single" ��- 2 15OW EQUIVALENT -Post Top 544 EA �3a Retrofit "Double King" 3 150W EQUIVALENT Surface 113 EA Mount Structure Luminaire 4 P50W Equivalent Shoe Box 10 EA / Luminaire i Total Extended Cost • $ l�F� ©I QO ALTERNATE PROPOSAL Provide Only Line Description Quantity Unit Unit Price Unit Price Extended Total Extended Total w /Globe w/o Globe Price w /Globe Price w /o 'Globe 1a 15OW EQUIVALENT -Post Top 55 EA Retrofit "Single" ��- 2a 15OW EQUIVALENT -Post Top 544 EA �3a Retrofit "Double King" 15OW EQUIVALENT Surface 113 EA Mount Structure Luminaire Aa 25OW Equivalent Shoe Box 10 EA Luminaire Total Extended CosttC"e� r 9 ' tCasC sl&y CJ • $ l�F� ©I QO LEGAL NAME OF COMPANY , _ PHONE AND FAX NUMBERS NESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS _aJ�JN aas \ 10 c) c1\0. FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLIC{ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED COBRAHEAD STREETLIGHTS ADDENDUM #1 Page 117 ' ` ' The Brightest Way to Save! TM City of Santa Ana Kurt Wiemann, Public Worlcs Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Quotation Valid for 30 days Date: 10/7/2014 Quote Number: 14100862 Project: Project 14 -048 No Globes Phone Number Fax Number Terms Rep FOB Freight 714- 647 -5639 Net 30 KL Vista, CA Included Quantity Description Part Number Unit Price Total 544 PowerLux LED Maria Custom Retrofit for City of Santa Ana PLEDMR /6000/840/120- 240 /B /SA 341.00 185,504.00 59W 4000K, 120 -240V, with Black Finial (Globe not included) NOTES: Freight included Sales Tax included Estimated lead time after ARO and subject to confirmation: First 200 = 8 weeks; then 200 per month for remainder of project. Will consult with the City for delivery dates that work for them. ALL SALES ARE FINAL. Project orders cannot be cancelled. Check voltage before ordering products. Prices cannot be used for future reference. Prices quoted do not include Federal, State, Local or Use Taxes. If you have any questions concerning this quote, please call us at (760) 727 -2360. Total $1859504.00 If credit card is used for payment, there will be an additional 3% added for processing fees. Thank you for supporting U.S. manufacturers W 3 The Brightest Way to Save! TM City of Santa Ana Kurt Wiemann, Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Quotation Valid for 30 days ._..... _._...._....... . Date: 10/8/2014 Quote Number: 14100861 Proj ect: Project 14 -048 With Globes Phone Number Fax Number Terms Rep FOB Freight 714 - 647 -5639 Net 30 I KL l Vista, CA Included Quantity Description Part Number Unit Price Total 544 PowerLux LED Custom Retrofit for City of Santa Ana PLEDMR /6000/840/120- 240 /9MPB /SA 411.00 223,584.00 59W 4000K, 120 -240V, 9" Maria Polyearbonate Refractor, Black Finial NOTES: Freight included Sales Tax included Estimated lead time after ARO and subject to confirmation: First 200 = 8 weeks; then 200 per month for remainder of project. Will consult with the City for delivery dates that work for them. ALL SALES ARE FINAL. Project orders cannot be cancelled. Check voltage before ordering products. Prices cannot be used for future reference. Prices quoted do not include Federal, State, Local or Use Taxes. If you have any questions concerning this quote, please call us at (760) 727 -2360. Total $2239584.00 If credit card is used for payment, there will be an additional 3% added for processing fees. 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N Features • High Efficiency (Up to 90 %) • Active Power Factor Correction (0.99 Typical) • Constant Current Output ` 0. • Dimming Function • Lightning Protection • All- Around Protection: OVP, SCP, OTP • Waterproof (IP67) and Damp & Wet Location C E c us h5 Description The EUC- 075SxxxDT(ST) Series operate from a 90 - 305 Vac input range. They are designed to be highly efficient and highly reliable. Features include dimming control, over voltage protection, short circuit protection and over temperature protection. 350 mA 90 - 305 Vac 107- 214Vdc 75W MMI 90% 0.99 0.96 EUC- 075S035DT(ST)(4)"., 450 mA 90 - 305 Vac 83 -166 Vdc 75W 90% 0.99 0.96 EUC- 075SO45DT(ST)(4);,; 700 mA 90 - 305 Vac 54 -108 Vdc 75W 90% 0.99 0.96 EUC- 075S070DT(ST)(4) 1050 mA 90 - 305 Vac 36 -72 Vdc 75W 89% 0.99 0.96 EUC- 075S105DT(ST)(4) 1400 mA 90 - 305 Vac 27 -54 Vdc 75W 89% 0.99 0.96 EUC- 075S140DT(ST)(5) 2100 mA 90 - 305 Vac 18 -36 Vdc 75W 88% 0.99 0.96 EUC- 075S210DT(ST)(6) 2800 mA 90 - 305 Vac 13 -27 Vdc 75W 88% 0.99 0.96 EUC- 075S280DT(7)(ST)(4)* 3750 mA 90 - 305 Vac 10 -20 Vdc 75W 87% 0.99 0.96 EUC- 075S375DT(ST)(7) 5000 mA 90 - 305 Vac 7 -15 Vdc 75W 86% 0.99 0.96 EUC- 075S500DT(ST)(7) Notes: (1) Certified input Voltage range100- 240Vac for CE only (2) Measured at full load and 220 Vac input. (3) A suffix -xxxx may be added to denote variations or modifications to the base product, where x can be any alphanumeric character or blank. (4) Non- Class2 output (USR & CNR). (5) Class 2 output (USR), Non -Class 2 output (CNR). (6) Class 2 output (USR), Class 2 output (CNR only) for Wet location. (7) Class 2 output (USR & CNR) for Wet location. (8) *: Popular model. 1112 EUC- 075SxxxDT(ST) Rev. N t j1� [ ri ti WILRUILMOM IWITAKEREM In put AC Current - 224 V 0.9 A Measured at full load and 100 Vac input. lo = 450 mA - 0.42 A Measured at full load and 220 Vac input. Inrush Current lo = 700 mA - 60A At 220Vac input, 25 °C cold start, duration =1 ms, 10 %Ipk -10 %Ipk. Inrush Cu men t(Izt) - - 1 A 2 Power Factor 0.90 - - At 100Vac- 277Vac,100 %load THD - - 20% NUUM,USLU11M M-2122affiff" Output Current Range -5% 5% Measured by 20 MHz bandwidth oscilloscope Ripple and Noise (pk -pk) 5% Vo and the output paralleled a 0.1 uF ceramic capacitor and a 10 uF electrolytic capacitor. Vo is the maximum output voltage. to = 350 mA - 224 V - lo = 450 mA - 172 V - lo = 700 mA - 112V - lo = 1050 mA - 76V - lo = 1400 mA - 58 V - lo = 2100 mA - 40V - lo = 2800 mA - 34 V - lo = 3750 mA - 25V - lo = 5000 mA - 19 V Line Regulation - - ±1% Load Regulation - - ±3% - 0.8 s 1.2s Measured at 120Vac input. Turn -on Delay Time - 0.4s 0.6s Measured at 220Vac input. Temperature coefficient 0.06 % / °C Case temperature = 0 °C —Tc max Note: All specifications are typical at 25 °C unless otherwise stated. Protection Functions 2112