HomeMy WebLinkAbout25D - AGMT - LED STREET LIGHTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 19, 2015
TITLE:
AGREEMENT WITH CALIFORNIA
PROFESSIONAL ENGINEERING FOR LED
STREETLIGHT IMPROVEMENTS
(STRATEGIC PLAN NO. 6, 1C)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 ®t Reading
❑ Ordinance on 2M Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with California Professional
Engineering, Inc., expiring on June 30, 2016, to rewire existing high - voltage streetlights and install LED
post top fixtures in an amount not to exceed $498,020, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
DISCUSSION
The recommended action will allow the City to continue and complete the work awarded in 2014 to
California Professional Engineering, Inc., (CPE) for rewiring the last remaining high - voltage streetlight
circuit in the City located in the North Park and North Residential circuits. The rewiring will modernize the
system and upgrade the streetlights to energy efficient light- emitting diode (LED) lamps in existing historic
streetlight posts.
On June 17, 2014, the City Council awarded this same contract to California Professional Engineering,
Inc., the lowest bidder, in the amount of $512,450 (Exhibit 1). The City Council also approved two other
related actions. One was an agreement to purchase streetlight lamps from Powerlux in the amount of
$78,506, and the other was an agreement with Southern California Edison (SCE) for financing of up to
$202,349 toward project construction (Exhibit 2). All three agreements were intended to run concurrently
and be completed by March 31, 2015.
This streetlight improvement project has two distinct phases. In the first phase, SCE is required to
approve project plans after they are designed by CPE, and they must also energize the cabinets following
installation of the new service points. The second phase is the actual rewiring of the circuits and
installation of the streetlight lamps. Because SCE approvals took nearly 9 months, the contractor could
only complete the service cabinet installations. SCE has since energized the cabinets; however, the
contract expired before CPE could perform the re- wiring and streetlight lamp installation.
2513-1
Agreement with California Professional Engineering
for LED Streetlight Improvements
May 19, 2015
Page 2
Moving ahead with the second phase of project at this time is critical. The only remaining manufacturer of
the incandescent lamps used in these historic streetlights has stopped production and there are already a
few burnt -out lamps in the area. The City no longer has inventory in stock and there are no replacement
lamps available anywhere. Adding to this problem is the very nature of high - voltage systems of this age.
Installed in the early 1920s, these circuits are obsolete, making frequent lamp burn -outs a common
occurrence. The high - voltage system is also susceptible to surges which could burn out all lights in a
circuit. If such a surge were to occur, without replacement lamps, the City would be unable to restore
streetlight service to the entire area.
The contractor had already completed the first phase of the project and began conduit installation when
the original contract expired. Proceeding with a new contract will allow for the immediate resumption of
this project, ensuring continuous nighttime streetlights in this area of the City. Staff recommends awarding
a replacement agreement to CPE in the amount of $478,020 for the balance of the work, with an
expiration date of June 30, 2016, sufficient to guarantee completion of the project and allow for a
maintenance and warranty period before contract termination. (See Exhibit 3.)
Modernizing high - voltage circuits is complex and costly. Funding for the entire project is the same as
originally approved by City Council. Preliminary SCE funding approval includes $183,919 in On -Bill
Financing (OBF) and $18,430 in energy efficiency cash incentives; $408,607 is budgeted in the City's
General Fund Street Lighting account, for an estimated total project cost of $610,956 (see Exhibit 4). The
total project value delivered to date is $112,396.
Using energy- efficient LED streetlights as planned will reduce the City's estimated annual energy
consumption by over 67,000 kWh. At the end of the OBF payback period, this project is estimated to
reduce General Fund energy costs by approximately $10,590 annually.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure,
Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest
resources and technology to extend the service life of existing infrastructure to protect the City's
investment and support a high quality of life standard).
ENVIRONMENTAL IMPACT
A Categorical Exemption (ER- 2014 -26) has been filed for this project.
2501-2
Agreement with California Professional Engineering
for LED Streetlight Improvements
May 19, 2015
Page 3
FISCAL IMPACT
As approved by Council action on June 17, 2014, loan proceeds received through the SCE On -Bill
Financing Program will be deposited into the SCE Energy Efficient Street Lighting revenue account
(16217002 - 57384) and appropriated into the SCE Energy Efficient Street Lighting expenditure account
(16217630- 62300). Loan repayments are available in Account 01117630 - 62000. Funds for the balance
of the project are available in Account 01117630-66220 ($408,607 Approved FY 13 -14).
1 is:
Executive Director
Public Works Agency
FM:KW
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Agreement with California Professional Engineering
2. RFCA Agreement with CPE /Powerlux/SCE 06/17/14
3. Agreement with California Professional Engineering
4. Cost /Funding Analysis
25D -3
06/17/14
05/19/15
Exhibit 1
Agreement with California Professional Engineering 06/17/14
25D -4
INSURANCE ON ME
WORK MAY PROCEED
t NTIL INSURANCE PI Er'
s CLERK CCOUNCIL. k
DATE—] '�() ._+1�
AGREEMENT FOR PROVISION OF
ELECTRICAL CONTRACTING SERVICES
A- 2094-936
THIS AGREEMENT, made and entered into this 17'" day of June, 2014, by California Professional
Engineering, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City "),
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of street tight
repair and installation.
B, Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is 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 rewire the existing street light system and install new City supplied fixtures on the existing
street light poles on North Park Circuit (hereinafter "Project "), as set forth in Exhibit A, attached hereto and
incorporated by this reference.
2. COMPENSATION
I
. The Contractor agrees to accept as total payment for its services, a fixed price of $512,450, The
City has allocated an additional $20,000 contingency amount, to be expended only at the written direction of the
Executive Director of Public Works or his designee for additional services required due to unforeseen
circumstances. The total Burn to be expended under this Agreement shall not exceed $532,450 during the terns
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. Contactor 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 procodmes. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City,
3. TERM
This Agreement shall commence on the date first written above and terminate on March 31, 2015. However,
contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from
Agreement commencement unless terminated earlier in accordance with Section 13,
4. OWNERSHIP OF REPORTS AND DOCUMENTS
Exhibit 1
RFCA 05/19115 LED streetlights 25D -5
The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data
produced under this Agreement shall be delivexed to, and become the property of City. Copies may be made for
Contractor's records but shall not be flunished to others without written authorization' from City. Such
doliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City.
5, INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not
an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
employee relationship or ajoint venture relationship; however, the services to be provided by,Contractor shall
be provided in a manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its
subcontractors, if any, to obtain and maintain insurance as described below;
a. Commercial General Liability Insurance, Contractor shall maintain cotmnercial general liability
insurance which shall include, but not be limited to protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising
out of Contractor's operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds
provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
than One Million Dollars ($1,000,000.00) per occurrence. Such insmanoe shall include coverage for owned,
hired and non -owned automobiles.
c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor
Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers
Compensation or to undertake self - insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than
One Million Dollars ($1,000,000.00) per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional
liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars
($1,000,000.00) per claim.
section;
e. The following requirements apply to the insurance to be provided by Contractor pursuant to this
(i) Contractor shall maintain all insurance required above in felt 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.
25D -6
(iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
f, If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or
refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination shall
not affect Contractor's right to be paid for its time and materials expanded prior to notification of termination,
Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City,
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
Contractors, special counsel, and representatives from liability; 1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its
subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described
in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation,
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement,
This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
section or by reason of the terms of, or effects, arising from this Agreement, The Contractor further agrees to
indonmify, hold harmless, and pay all cost for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, effects arising from this Agreement. City
may make all reasonable decisions with respect to its representative in any legal proceeding,
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably
understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such
information except in the performance of this Agreement, and further agrees to exercise the same degree of care
it uses to protect its own information of like importance, but in no event less than reasonable care.
"Confidential information" shall include, all nonpublic information. Confidential information includes not only
written information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered
by this Agreement, The 'foregoing obligations of nonuse and nondisclosure shall not apply to any information
that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a
publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially;
4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without
reference to information disclosed by the City.
9. CONFLICT OF INTERS, ST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance if services specified under this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing
and shall be doemed to be properly given if delivered in person or mailed by first class or certified mail, postage
25D -7
prepaid, or sent by facsimile or other telegraphic communication in the mamrer provided in this section, to the
following persons:
To City: Cleric of the City Council
City of Santa Ana
P.O. Box 1988 M -30
Santa Ana, CA 92702 -1988
Fax: 714- 647 -6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
P,O. Box 1988 M -21
Santa Ana, CA 92702
Fax: 714- 647 -5069
and: City Attorney
City of Santa Ana
P,O, Box 1988 M -29
Santa Ana, CA 92702
Fax: 714- 647 -6515
To Contractor: California Professional Engineering
929 Otterbein Avenue, Unit E
La Puente, CA 91748
Fax: 626-810-1322
A party may change its address by giving notice in writing to the other party. Thereafter, any communication
shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or
deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered
or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication
shall be effective or deemed to have been given twenty -four (24) hours after the tone set forth on the
transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
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 parties, In the event of a conflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This
Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate neither Contractor nor the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein,
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not
assign, transfer, delegate, or subcontract any interest herein without prior written consent of the City, and any
such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered
null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the
25D -8
services which are the subject to this Agreement performed by the City personnel or by other Contractor
retained by City,
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such
event, Contractor shall be entitled to receive, and the City shall pay Contractor compensation for all services
performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all
work product completed as of such date, and in such case such work product shall be property of the
City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the
City deems appropriate.
b, Payment need not be made for work which fails to meet the standard of performance specified in the
Recitals of this Agreement.
14. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment,
selection, training, utilization, promotion, termination or other employment related activities. Contractor
affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local
laws and regulations,
15. JURISDICTION — VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the
laws of the State of California, Both parties further agree that Orange County, California, sbal.l be the venue for
any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,
waivers, and exemptions necessary for the provision of services hereunder and required by the laws and
regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies,
Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exonrptions, Said inability shall be cause for termination of this Agreement.
17, RESPONSIBILITY FOR DAMAGES
The Contractor shall, be responsible for all damages to persons and /or property that occur as a result of the fault
or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their
behalf in connection with the performance of this Agreement.
I& FAILURE TO PERFORM SATISFACTORILY
R, Contractor aek nowledges and agrees that if the Contractor fails to perform the work as specified herein,
the Director, 1) will pay only for the amount of service received as determined by the Director with an
appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or
otherwise, and charge the cost thereof to the Contractor.
25D -9
Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include
overtime pay as required to complete work.
b. If Contractor performs the work in such a manner that the amount of payment withheld due to
substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals five percent
(5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor
continues to perform the work in such a manner that the amount of payment withheld due to substandard
performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the
total contract price, this Agreement may be terminated at the City's option. In the event of termination for
unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to
changing contractors.
19. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide required maximum
safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The
Director reserves the right to issue restraint or oease and desist orders to the Contractor when unsafe or harmful
acts are observed or reported relative to the performance of the work under this contract.
20. HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its
operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be
inumediately reported to the Public Works Agency.
21, ACCESS TO PRIVATE PROPERTY
Prior to the commencement of any work that will restrict access to private property the Contractor shall notify
each affected property owner or responsible person, informing him or her of the nature of and the approximate
duration of the restriction.
22, PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as
sprinkler systems, drain pipes, lawns, 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.
23. TRAFFIC CONTROL
The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all
times. In situations where it is necessary to restrict traffic flow pet WATCH, the Contractor will contact the
Director for approval.
24. MISCELLANEOUS TRAFFIC DEVICES
Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for routine
and/or extraordinary maintenance pursuant to this Agreement.
25D -10
Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH
published by Building News, Inc., and made a part of these special provisions, The method in which signs,
barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in
accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works
Agency — Administration Division.
All signs shall be illuminated or reflectorized when they are used during hours of darkness, All cones, pylons,
barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory
illumination if in place during hours of darlmess.
25. WORT{ BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation,
then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to malte
corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred
Dollars ($200.00) for each callout.
26. APPRENTICESHIP STANDARDS
Where required under law, Contractor shall assurne full responsibility for compliance with apprenticeship
standards as established by Section 1777,5 of the California State Labor Code.
27. SUBCONTRACTORS
The Contractor shall not, without the written consent of the City;
a, Substitute any person or firm as subcontractor in place of the subcontractor designated in the original
proposal.
b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than
the original subcontractor listed in the proposal.
c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2)
of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original
proposal.
28. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right
to bind their respective parties to each of the terms of this Agreement, and shall indemnify City frilly, including
reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or
power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of
this agreement.
//
25D -11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
--)9/1 44,ZA
MARIA D. II[JI7AR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R, Carvalho
City Attorney
ry os e, z Straka
ssistant City Attorney
RECOMMENDED ROVAL:
Edwin "William" `at , P.E.
Interim Executive Director,
Public Works Agency
25D -12
CITY OF SANTA ANA
David Ca azos
City Manager
Tonal
Corporate Secrotary
Tax ID#
EXHIBIT A
SCOPE OF WORK
PART I — SCOPE. OF WORK
The North Park Circuit is designated on the attached map. The North Park Circuit has approximately
22,000 LF of wire and 101 poles, Approximately 18 of the poles are double kings with 2 fixtures each
The North Residential Circuit is designated on the attached map. The North Residential Circuit has
approximately 30,000 LF of wire and 112 poles,
The conduit locations shown on the maps are approximate. It is the Proposer's responsibility to
ascertain the quantities of fixtures, wire, pullboxes etc, All proposed locations shall be shown on the
final plans designed by the Proposer and approved by the Agency.
The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic
control per the Work Area Traffic Control Handbook ( "WATCH ").
This Request for Proposal calls for the removal and replacement of the existing street light cable in
the Floral Park Neighborhood which is bordered by Broadway and Flower Street, between 17th Street
and the Santiago Creek.
This project will require replacing all the cable in the entire system with three new #8 THW wires. The
existing poles are required to be rewired with new 912 THW wire, the existing fixtures removed and
salvaged, replaced with new PowerLux fixtures and globes. The new fixtures may need minor
modifications to fit existing pole configurations. Costs for modification shall be included in the lump
sum proposal amount.
New service pedestals will be furnished and installed by the Proposer. Proposer shall determine the
number of new service points necessary to adequately provide power for the system, using the
minimum number of service points possible and shall coordinate with SCE to determine the new
service points. All SCE engineering costs will be paid by the City. The SCE planner for this project is
Isaac Dominguez 714- 285 -4339
Proposer will locate and intercept existing conduit adjacent to service pedestal and install conduits
and pull box adjacent to pedestal. All costs for conduit work, including hardscape replacement, to
connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and
connected properly in service pedestal. All work, equipment, labor and materials necessary to provide
complete functioning system shall be included in the Proposal pricing. Existing globes shall be
cleaned, salvaged and delivered to the City yard.
The existing streetlight systems were installed in the early 1920's. The exact condition and location
of the underground conduit is unknown although the existing cable was installed 5 years ago. The
City expects the existing cable to be used to pull in the new wire. Pre - lubrication of the conduits may
be necessary. The City does not anticipate that much of the existing conduit will need to be repaired.
Similar projects in the area have encountered less than 15% of condult needing repair. Proposer shall
include 15% conduit repair in the proposal. Costs for conduit repair including materials and labor will
25D -13
be Included In the lump sum costs proposed. The Proposer may need to excavate to access and
disconnect the existing conduit sweeps at the pole foundations to properly pull the new wire. All costs
for excavation, including hardscape replacement and conduit disconnect/reconnect shall be included
in the lump sum price.
Scope of work includes the following:
Install new service pedestals per specifications.
Remove existing cable from conduit.
Intercept existing conduit and install new conduit and pull boxes to connect to new service
points,
Re -wire system using existing conduit.
Replace any deteriorated conduit only if it is impossible to pull the new wire through.
Remove and salvage existing fixtures.
Rewire poles and install new fuses and fixtures, etc. per City Standard #1126 -F.
Material List:
Fixtures: Powerlux PLEDMR /DV/B/9/4000/7401120- 277/SA
Wire; THW red, black, green
Conduit: 2" Schedule 80 PVC
Fuses: 240V 10A with holder per City Standard #1126 -F two (2) per pole
Service Pedestals: Milbank MILCP3B1 11 15A22SP33 120/240V w/ GFI duplex receptacles;
base MILCP16PDMNTCALT
PART II SPECIAL PROVISIONS
I. EXCAVATING AND BACKFILLING
Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfilling" of the
California State Specifications (CSS) and these Special Provisions.
The following paragraph shall be added to Section 86 -2,01:
All excavated material in roadway shall be removed from the site and backfilled with compacted
crushed aggregate base material topped with temporary asphalt concrete on the same working day
as removed. A temporary alternative to backfllling; with permission of the Agency, shall be the
placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such
plating shall not be allowed for more than five (5) working days, after which backfill shall be required.
25D -14
Slurry baokfill: Use of a half-sack cement and sand slurry provided by a commercial ready -mix
concrete vendor may be permitted except in parkway areas, The slurry shall be placed monolithic
from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as
directed by the Agency.
II, CONDUIT
Roadway lighting conduit shall conform to the provisions In Section 86 2.05, "Conduit ", of CSS and
these Special Provisions.
Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans. Insulated
bonding bushings will be required,
All conduits, excluding SCE service conduits, shall be installed at the depth not less than 36" below
finished grade In pavement areas 24" In sidewalk and parkway areas. Only when conduits are to be
installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where
the in- between distance is too short to meet the 42" depth and the 45- degree sweep requirements,
the conduit may be installed at shallower depth but not less than 18" below finished grade.
After conductors have been installed, the ends of conduits shall be sealed with industry grade sealing
compound.
Replace sidewalk and pavement in -kind to match existing material, color, and pattern, from score
mark to score mark after pull boxes and conduit have been Installed. Payment for replacement of
sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for
potholing, trenching, boring etc. shall be included in lump sum price.
PULL BOXES
Pull boxes shall conform to the provisions In Section 86 2.06, "Pull Boxes" of CSS, CSP ES -8 and
these Special Provisions.
Notes 4(a) (5) and 4(b) (10) on CSP ES -8 shall not apply,
Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the
Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall
be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight
(BES lite non - concrete, or approved equal). Pull box lids shall be stamped "LIGHTING'. 24" of wiring
shall looped in every pull box. New pull boxes shall not be installed within any curb access ramp,
IV. CONDUCTORS
Conductors shall conform to the provisions in Section 86 2.08, "Conductors" of CSS and these
Special Provisions, Wire shall be THW.
V. WIRING
Wiring shall conform to Section 86 2.09, "Wiring ", of CSS and these Special Provisions.
No. 8 AWG or larger conductors shall be spliced by the use of "C' shaped compression connectors
and properly insulated. No splices will be allowed in conduit or in poles above handhole.
2501-15
Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid
conductors.
ST
61b
FLOWER @T
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BROADWAY
25D -16
Exhibit 2
RFCA Agreement with CPE /Powerlux /SCE 06/17/14
25D -17
25D -18
REQUEST FOR
COUNCIL ACTIONa
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JUNE 17, 2014
TITLE APPROVED
AGREEMENTS WITH POWERLUX
CORPORATION, CALIFORNIA
PROFESSIONAL ENGINEERING, AND
SOUTHERN CALIFORNIA EDISON FOR
LED STREETLIGHT IMPROVEMENTS
� :4 4=z MANAGER
RECOMMENDED ACTION
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the following agreements,
subject to nonsubstantive changes approved by the City Manager and City Attorney:
a) Amend the Agreement with Powerlux Corporation to provide an additional 231 LED Post
Top streetlights for an amount not to exceed $78,506.
b) Execute an agreement with California Professional Engineering, Inc., to rewire existing
high - voltage streetlight system and install LED post top fixtures for an amount not to
exceed $512,450.
c) Execute an agreement with Southern California Edison to provide funding through on -bill
financing for the LED streetlights.
2. Approve an appropriation adjustment recognizing up to $230,000 in funding from .Southern
California Edison into the SCE Energy Efficient Street Lighting revenue account, and
appropriating the same amount to SCE Energy Efficient Street Lighting expenditure account for
the installation of LED streetlights.
To advance the City's energy efficiency goals, a program was implemented to replace all City -
owned streetlights with energy - saving light - emitting diode (LED) lamps. In August 2011, City
Council approved a pilot program that installed 253 LED streetlights on Main Street and Edinger
Avenue. In January 2012, City Council awarded a follow -up project that replaced 1,123 lamps at
signalized intersections citywide. Funding for these projects was supplemented through the
Southern California Edison (SCE) On -Bill Financing (OBF) Program. This program provides zero -
percent- interest financing for eligible energy- reduction projects, and arranges for repayment using
energy bill savings.
Ernm l' 20B -1
il5 /16 }'U;
Pt, A LI-D srn,4t1!gnts
2501-19
Agreements with Powerlux Corporation,
for LED Streetlight Improvements
June 17, 2014
Page 2
There are areas in the City's street lighting network, however, where upgrading to energy - efficient
standards requires additional work. Installed in the early 1920s, these high - voltage circuits and
low amperage systems are obsolete and have been a constant source of maintenance problems.
Additionally, the unique incandescent lamps used in the historic post top streetlights (Exhibit 1) are
not energy efficient and have a very short life, requiring annual replacement.
In 2010, Philips Corporation - -the only remaining manufacturer of these incandescent lamps- -
stopped production, leaving the City with a depleted inventory of replacement lamps and no
supplier. In 2011, staff began using conversion kits that reduced the high voltage to conventional
levels at each streetlight. However, that manufacturer went out of business, forcing the City to
accelerate upgrading the streetlight system.
In 2013, staff identified a twofold project to replace the historic streetlights and rewire the high -
voltage system. First, a Request for Proposals (RFP) was issued in March 2013 seeking qualified
vendors to provide the specialty post top LED lamps. Through the contract awarded to Powerlux
Corporation, the City is able to purchase the lamps directly from the manufacturer at a 30 percent
savings. The contract also provides the option to purchase additional streetlights at the reduced
rate as funding becomes available for future projects.
For the second part of the project, in June 2013, City Council authorized the Public Works Agency
to prepare an RFP for the design and construction of streetlight upgrades at various locations,
including the North Park and North Residential high - voltage circuits. These are the last of the
high - voltage systems in the city. The scope of work includes rewiring to a modern 240 -volt system,
installing LED lamps in the historic streetlight posts, and establishing new SCE service connection
points. The RFP was posted on the City's website on April 24, 2014, with the following results:
Proposals received
Proposals received from Santa Ana vendors*
* LED streetlights are a specialized industry. There are no qualified firms in
Santa Ana producing or installing LED streetlights.
The proposal evaluations were based on four factors: the proposer's experience, ability to
perform, past performance on similar projects, and the proposal base price. The final ranking is as
follows:
Proposer
Proposal Amount
Rank
California Professional Engineering, Inc.
$512,450
1
Aegis ITS
$540,770
2
2501-20
Agreements with Powerlux Corporation,
for LED Streetlight Improvements
June 17, 2014
Page 3
Staff recommends awarding the contract to design and construct the street lighting upgrades to
California Professional Engineering, Inc., the lowest bidder, in an amount not to exceed $512,450.
Staff is also recommending purchasing the 231 post top LED streetlights needed for this project
directly from Powerlux Corporation, at a 30 percent savings, through an amendment to the existing
agreement in the amount of $78,506. The estimated total project cost is $610,956, which includes
a $20,000 contingency (Exhibit 2).
Modernizing these high - voltage circuits is a complex and costly undertaking. To supplement and
leverage City funds, staff has applied for the OBF financing successfully used in previous LED
replacement projects. Because of its energy efficiency components, this project is eligible and has
received preliminary SCE approval for funding totaling $202,349: $183,919 in OBF financing; and
$18,430 in energy efficiency cash incentives, a benefit of the City's participation in the SCE Energy
Leader Partnership. Due to the high cost of rewiring the North Park circuit, a ten -year payback
period is projected for the OBF- financed portion of the project cost. All SCE funding amounts are
preliminary estimates. Final SCE funding will be based on actual energy savings measured after
the project is completed. In anticipation of greater energy savings than expected, staff is
recommending recognizing up to $230,000 in SCE funding. Funding for the remaining $408,607 is
budgeted in the General Fund Street Lighting account (Exhibit 2).
Replacement of the incandescent lamps with energy - efficient LED streetlights will reduce the
City's estimated annual energy consumption by over 67,000 kWh. At the end of the OBF payback
period, this project is estimated to reduce General Fund energy costs by approximately $10,590
annually.
ENVIRONMENTAL IMPACT
A Categorical Exemption (ER- 2014 -26) has been filed for this project,
FISCAL IMPACT
Loan proceeds received through the SCE On -Bill Financing Program will be deposited into the
SCE Energy Efficient Street Lighting revenue account (16217002 - 57384) and appropriated into
the SCE Energy Efficient Street Lighting expenditure account (16217630- 62300). Funds for the
balance of the project are available in Account 01117630- 66220. Loan repayments are available
in Account 01117630- 62000.
� a_d2
Edwin "William" 'G vez, P.E.
Interim Executive Director
Public Works Agency
EWG /KW
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
-
2501-21
Agreements with Powerlux Corporation,
for LED Streetlight Improvements
June 17, 2014
Page 4
Exhibits: 1. Photo — Typical Post Top Streetlight
2. Cost/Funding Analysis
3. Agreement Amendment with Powerlux Corporation
3A. First Amendment with Powerlux Corporation, A -2014 -057
3B. Powerlux Corporation, A -2013 -137
4, Agreement with California Professional Engineering, Inc.
5. Sample On -Bill Financing Agreement with Southern California Edison
1
25D -22
��t'.
1'
25D -24
COST /FUNDING ANALYSIS
PROJECT COSTS
California Professional Engineering, Inc.
Contract Base Price $ 512,450
LED Lighting provided by the City 78,506
Contingency 20,000
TOTAL ESTIMATED PROJECT COST $ 610,956
PROJECT FUNDING
CITY FUNDS (General Fund) 408,607
SOUTHERN CALIFORNIA EDISON
OBF Financing $ 183,919
Partnership Incentive 18,430
Subtotal SCE Estimated Funding $ 202,349 "
TOTAL PROJECT FUNDING $ 610,956
Final SCE funding is based on actual energy savings measured after project is
completed. Council Action provides for up to $230,000.
25D -25
25D -26
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on June t7,2014 by
and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a
charter city and municipal corporation organized and existing Lmder the Constitution and laws of
the State of California ( "City").
RECITALS:
A. The parties entered into Agreement A- 2013 -137, dated September 3, 2013, (hereinafter "said
Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries.
B. By Amendment dated February 18, 2014, the City and the parties extended the term of
said Agreement,
C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to include additional streetlights that will be replaced with LED streetlight
luminaries and to increase compensation to pay for the additional luminaries provided.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
1. Section I, SCOPE OF SERVICES, shall be amended to increase the nunber of streetlights
purchased by a total of 231. The section shall read in full as follows:
"Vendor shall furnish and deliver to the Santa Ana City Yard; 215 S. Center St., Santa
Ana, California, 645 new LED post top retrofit streetlights which conform to the
specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said
Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for
photometric conformance and power consumption. In addition., Vendor shall provide a
five (5) year warranty for any and all materials, supplies, labor and equipment provided
pursuant to this Agreement.
If additional funding is secured, City retains the option to purchase additional streetlights
at the unit price set forth in Vendor's Proposal."
2. Section ILA., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"The City agrees to pay, and Vendor agrees to accept as total payment for said
streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight
delivered and successfully tested. The total sum to be expended under this Agreement
shall not exceed $225,506 during the term of this Agreement."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
Exhibit 3
25D -27
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D, I-IUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVAT I-I0
City Attorney
By,
I ph Sri* ca
ssistant City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P,E.
Interim Executive Director - P WA
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
POWERLUX
KENNETH LAU
President
' H
25D -28
Proposal for City of'Santa Ana
.Request for Proposals for LED Post -Top Retrofit Streetlights
Project #I3 -009
Submitted by: PowerLux`r Corporation
Kenneth Lou, I.,C
Factory Address: 1260 Liberty Ray, Suite E
Vista, CA 92081
Mailing Address: 2588 -F El Camino Real, Suite 333
Carlsbad, CA 92010
Phone: (760) 727 -2360
Fax: (760) 434 -4766
Project Manager: Kenneth Lau, President
Cell Phone: (760) 458 -8930
Email,: k1powerlux Cagmail,com
I ant legally authorized to bind this proposal. I acknowl'ed'ge receipt of all addendums.
Included in this RFP is cashier's check 40230011720 for $7,700.00 for deposit bond.
Kenn hi Lau
5577
Date
Exhibit A
20B -11
25D -29
Vows )LuxOCm-porafRots
The Drightest Way to Save! T"
1260 Liberty Way, ,Sake C
Vista, CA 92081
(760)727.2360
May 6,20 13
City of Santa Ana
Kurt Wiemann, Public Wales Agency
3rd Floor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: PCcject #13.0096 Request for Proposals for LED Post -Top Retrofit Streetlights
Dear Mr. Wiemann:
PowerLu, Corporation is pleased to submit this RFP for LED Post -Top Retrofit Streetlight foe the City of
Santa Ana, PowerLuko Corporation, a California certified Small Business (SBE) is based in Vista, California.
We are a mauufaeturer of sustainable and heat sensitive energy efficient lighting products since 1994. The
Company is the manufacturer of the patented PowerLux°" line of electronic ballasts, adaptors and luminaires for
Compaot Fluorescont Lamps ( "CFLs' ), Electrodeless induction Lamps ( "Induction ") and LEDs. PowerLux'IV
uses its unique and intimate knowledge of electronics in designing luminaires with sustainabil Ity.
We also specialize In custom designing and retrofitting luminaires for other customers including retrofitting
historical street lamps in the City of Orange and City of Riverside. Conversions have led to high energy savings
while maintaining the distinct image of each locale. PowerLux" has also completed projects for Bay Area
Rapid Transit (B'AR'T'), City of Los Angeles, University of California Los Angeles, Camp Pendleton, Wait
Disney World, Macy`s, Pearl Harbor, and Fashion Island Shopping Center in Newport Beach.
As President of Powet'Lox", 1 will be the primary project manager for this project. t pride myself in developing
sustainable and quality lighting poduch that have and will stand the test of time. We look forward to Cho
Opportunity of establishing a. relationship with the City or Santa Ana, Please Peel free to contact me if you
require additional information or have any questions regarding this submittal,
5ineerely,
Ken LC
President
PowerLux "9 Corporation
20B -12
25D -30
PovverLaae Corporation
The Brightest Way 10 Savel TM
1260. Liberty Way, Suite
Vista, CA 92081
(760) 727 -2360
May 6, 2013
City of Santa Ana
Kur(Wiemann, Public Works Agency
3rd Floor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: Exceptions and Deviations Project 413 -009
Dear City of Santa Ana:
PowerLux pioneered thermal management for electronic lighting products for over 19 years. Our Power Rimo, which
we received Department of Energy grant money, was first introduced in 1994. Power Rime is a success story of DOE's
invention and innovation program.
As a company policy, Philips offers across the board 5 -year warranty on all LED modules. Philips is being a
conservative and financially responsible 100 year old company. They are the largest foremost leader of lighting in the
world. Philips is a leader in Power LED for lighting and own majority of LED patents. Based on PowerLux thermal test
results on the Fortimo HBM module and the maximum temperature in Santa Ana, our findings is the Post -Top Retrofit
we are offering the City of Santa Ana could have a 2 -4 times rated life. This is based on every 10 °C reduction in
operating temperature; the electronics life will be doubled.
The RFP asked for color temperature of 2700 — 4000K. At this time, Philips does not have stock on the 54W/740 —
4000K module, PowerLux installed a 54W/757 -5000K module for sample purpose. if we are awarded the bid, Philips
will have the correct, color temperature available for us to install in the retrofit. For your information, based on scotopic
visual performance, 50001E will give you more depths of field and S/P ratio of 1.96 over 4000K S/P ratio of L61, a 22%
Increase in visual performance.
Our alternative bid DorarM LED Refractor can boost downward light by 60% due to unique Lid and prism controlled
optics. This Lid can also limit the uplight and meet Dark Sky ordinance while perforated version can give decorative
glow of the globe and see tree leaves too. DoraTM is a Made in USA product. City of San Marcos upscale San Elijo
Town Center has The DoraT^I installed.
Submitted samples do not include surge protectors. However, they are included in the final products.
Sincerely,
-
Ken L7nt, LC
President
PowerLu%" Corporation
411--A591
1
25D -31
ALTERNATE PROPOSALL lh �a�0 ��OSNGi C �i7\1R.
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
EXTENDED TOTAL
PRICE
1
70W EQUIVALENT - Provide Only
For Concrete Pales
140
EA
..? +� ^B
4J 0 o
f V
2
150W EOWVALENT•Provlda Only
Par Concrete poles
120
EA
y^�
� i,,�V
\-\C) ��\
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3
15OW EQUIVALENT - Provide Only
For Steel Poles
94
EA
'7�11Q n�
t
2)\Iq+o yV tir�
ice \c �
0 t)C7
7otzl8xtentled Cast - W %Iten x. `10 1EJ1170
0.
1190
C7 r\x 1ua r ciAS C� 'cx a 3 u a s �c� V, QA-1— h�a ncS v a c\
Ow)-»`i -Q,31
LEGAL. NAME OF COMPANY •�� Pp NE AND FAX NUMBERS
A v. A 0 �-N Cx- -')"'a1 C\
NAME OF AUTHORIZED AGENT
OF AUTHORIZED AGENT
FEDERAL ID NUMBER (IF APPLICABLE)
PROPOSALS THAT DO
TITLE
ADDRESS
CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
NONRESPONSIVE,
RFP FOR LED COBRAHEAD STREETLIGHTS
25D -32
C00A
ALTERNATE PROPOSAL
Gr.
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
EXTENDED -TOTAL
PRICE
1
7OW EQUIVALENT�Vrovlde Only
For Conoroto POW
W
eA
,
Aoo\, Do
/�
'J / /a(qo bo
i
1 BOW EQUIVALENT - Provide Only
For Conoreto Pole3
120
rA
1 L
�$T -���
I L�U6 e0!\
9
750W EQ vide Only
For810
For Stool e
84
EA
C"
�C'�,J.l�
�,��
Tolol Extantl2d Cost- Writken
`fax rd,5'i�
I'1'� l�1LpI , (05
0 ^off)
Ovtia.
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT
t n
E -MAIL
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR
RFP FOR LED COBRAHEAD STREETLIGHTS
reTI
25D -33
,
as c( c,
NUMBER (IF APPLICABLE)
EXHIBIT C
CITY OF SANTA ANA
REC.tUEST 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 proposel specifications. Attach additional pages if
required. The City reserves the right to oontaci each or the references listed for additional Information
regarding yourfirm's qualifications.
Reference (�' �C �����":�����.
Customer Name��` ` ,¢.S Contact lndlviduac �.ocs,YNt�Aetc`lAS'e`.-
Address: c 1Zj Phone Number: a\3) G11 rac' �
_111tC_A�M%cemlleNumber;
Contract Amount: x;500, 000 Year:
Description of supplies, equipment, or services provided:
�lc`zrCl6l.r_^�,��s'�,c�s^��' r�.v�c�.c•.�� ��a h �n0.�C� {;
Reference
Customer Name:V� 'G
Addross: r�;_,t ta—Ltj�=C�
(x7QC�
ConiractAmount: tson -acts
Descrlptlon of supplies, equipment, or services provided:
Gontactlndividualz ��ana�.�
Phone Number:
Facsimile Number:
Year:
Reference
Customer Namer, Address: \� \ c„ Gontactlndividual '�G>•.N.c�r.�5
Phone Number:,
Contract Amount; ;� CG(r) P")
Description of supplies, equipment, or services provided:
Facsimile Number:
Year:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE Pl1UFU6AL,
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
sawn-P— s«!"Yro.:±LLmt -
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 118
20B -16
25D -34
EXHIBIT D
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
PROPOSER'SSTATEMENT
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 cerliflcates are to be incorporated by reference Into this agreement and are made specifically as part of
this RFP, \ (r
Firm
Signed - and ,Printed Name:
Title
Data t =aZ� -- —.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL,
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 119
20B -17
25D -35
EXHIBIT F
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE
ma nvfin- orkmLt
t. How many years has your organization been in business in California as a sokilraetor under your present,
business name and license number? \os!�N `A, —
If you performed same business under a different business name with same ownership and operation
management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete
an additional and separate questionnaire.
2. What is ycurfirm's average gross revenue for the last three years?
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 Bled,
tie i �
Case Number Bankruptcy Court Date Filed
4, Woe your firm in bankruptcy any time during the last five years? (rhis 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 data on which the petition was filed.
1�:AI A �A>�
Case Bankruptcy Court Date Filed
5. Has any California State License Board license held by your firm or its responsible managing em loves
or responsible managing officer been suspended wlthin the last five years? ❑Yes No
S. 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 19 No
7. Has your firm ever defaulted on a contract? ❑ Yes X 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 bicldin on,
or cemplefing, any government agency project for any reason? E] 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? El Yes X No
If "yes," on a separate page identify the clalm(s) by providing the project name, date of the claim, name of
the claimant, the name of the entity the claim was filed against, a brief description of the nature of the
claim, the court and case number, and a brief description of the status of the claim (pending or, If
resolved, a brief description of the resolution.)
RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 22
20B -18
25D -36
10. In the past five years, has your firm mad e. any claim against a project owner concerning work on projeact
or payment for a contract, and flied that claim in court or arbitration? ❑ Yes No
If "yes," on a separate page identify the elatm(s) by providing the project name, date of the olalm, name of
the claimant, the name of the entity the claim was flied 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 Is on
your firm's behalf In connection with a project, either public or private? ❑ a Yes No
12. In the last five years, has any insurance carrier, for any farm of insurance, refused to renew the Ill
policyfor your firm? ❑ Yes K No
13. Has your firm or any of its owners, officers, or partners ever been liable In a civil suit, or found gulity in a
criminal action, for making any false claim or material misrepresentation to any public agency or entity?
❑ Yes No
14, Has ycurfirm or any of Its owners, officers or partners ever been convicted of a federal or state critne,Of
fraud, theft, or any other act of dishonesty? ❑ Yes No
If "yes," Identify on a separate page, the person or parsons convicted, the court case and number, the
Mmes and the year convicted.
15. If your firm was required to pay a premium of mare than one percent fora 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. �0
'I6. 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 No
17, Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serf us,"
"willful" or "repeat" violations of Its safety or health regulations In the past five years? ❑ Yes X No
(Nota: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Beard
has not yet rulers 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 OSHAIB decision,
18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties againet the
contractor or its associates in the past five years? ❑ Yes 5l No
(Note; If an appeal of the citation has been filed and the Appeals Board has riot yet ruled, or there is a
court appeal pending, you need not include information about the citation.)
If "yes," on a separate page describe the citation, the party against whom the citation was made, date of
citation, nature of the violation, project on which the citation was issued, owner of project, and the amount
of penalty paid. If any. State the case number and date of any decision,
19. During the last five years, has there been more than one occasion in which the General contractor or Its
!.w„y.,� .. ._ ._ F+�!- �R�9!. %':.E_4T "•••_PY :ifLP9f8@IYQMi
RFP FOR LED POST TOP RETROFIT STREETLIrhITS Pogo 123
20B -19
25D -37
associates have been penalized or required to pay back wages for failure to comply with the federal
Davis -Bacon prevailing wage requirements? 0 Yes x 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 penaltles that were assessed.
�wa�nu�i,iran MWOUMMMx _
RFP FOR LEI) POST TOP RETROFIT STREETLIGHTS Pape 124
20B -20
25D -38
05/92/2618 14:15 17607279332 PCWERLUX CCRPCP,ATSCH PAGE 01/01
EXII G
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROPIT STREETLIGHTS
NONCOLLUSION AFFIDAVIT
NON- CQLLUSION AFFIDAVIT
(Title 23 United States Code Saotlon 112 and
Public Contract Code Section 7166)
Ta the CITY,OF BANTA ANA
In accordance with Title 23 United Sates Code Section 112 and Public Contract Coda 7166 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 oorporatlon; that the proposal Is genuine and not collusive or sham; that
the proposer has not directly or Indirectly Induced or solicited any other proposerto put In a false or sham
proposal, and has not directly or indirectly coliWded, 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 clamant 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 era hua;
and, further, that the proposer has not, directly or Indlrectly, submitted his or her proposal price or any
breakdown thereof, or the contents thereof, or divulged Information or data rolativo 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 s0poluaia a collusive or sham proposal,
Note: The above noncollusion affidavit is pert of the proposal. Signing this proposal on the signature portion
thereof shall also constitute signature of this noncollusion affidavit. Proposers ere cautioned that making a
faloe oonihcadon may subject the conifiar to criminal prosecution.
State of California, County of:A ! t
5 bsuribed a9d sworn to (or affirmed) before me on this, `i ✓• day — M�, m 20,�i , by
04 h �f, 4 �1 • , proved to me an the basis of sadsfaotary eviden to be the parsons) who
appeared before me,
\AV-14 � L
Notary Public Si ature
X0 @ WU
Cernmisslon # 1985329
Notary PUNIC • California '•�
I: C6 AnddlOd County SS
Notary Public Seal
THIS FORM LIST HE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROP08AL8
TOO NOT CONTAIN THIS FORM WILL Ur CONSIDERED NONRESPONSIVE.
RFP FOR LED POST TOP RETROPIT STREETLIGHTS Page 125
25D -39
CITY OF SARTA ANA
REQUEST FOR PROPWALS FOR LED POST TOP RETRDFIT STRE157LIGHTS
AODITI,ONAL
Ineu ranrtH Curnraany _____._.= „�L°i...� ✓J' ✓�V F' C��! �” �. �...._..._.._,..._. � ..��- ,��..j.— .,- :..m.- �.` -.�...
This ondaraement madlfle , such Insurance as Is afforded by the provisions of Ptllloy ## rSc 41A
ralatPnq to thetollowlno
t. G, v tl pt Flrd( lUlIdf
ayerr od ttOM and r01)1`0 n aifvs are ridrn"d88 addcno Ine rs "addionslIwPura. wllh
regard to liability and dottinso of suits arieing from the operatlontr and usaa performed by or on behalf of
the rimmed innured.
2, with respect to claims arcs ln2 out Of the operatlrho and uses perfarmod by or on behaEi of the nAmed
Insured, such insurance as is afforded by this police/ is pi9.rnaiyr and is not additlonal to or arnttrlbutlog with
any other Insurance carried by or for the borlonll Of the xadditlOnel htnurgds.
3. This Insurance apptles separately to each Insured against whom cluirn is made or suit is brought a %dept
vjIll not aaffooi arry fightwhiichtsruch pelrsonlor organzation would have as a Or f ti at so included, d
d. cpv1arrags, ac rtlimitis o�cept after thirty thit n noticenhas been olvmil,to the nCity of Santa fins,
26 Civic Coniar Plaits, Sonia Ana, 00forhia 92701 .
poregletlon of the following, inrl ding countersignature, is reeulrod to make this endorwrilent effaotive,)
Cffootiva, . r "�� �y- '� - -•.� . -_ this oncirarar7mcnttarm as s part of
r ollo #1 _µry
tesued to__
Coumersignod lay
pm,�,,,5:�xarirmram �'a,9e 2G
R1' ^PFOa LEt7PCaSTTOPRK;;I "Rt's•IT Ti�3wGTLI�hPT�i+s
25D -40
Section 2: product Checklist
Item
Description
Required
Response vW
Product manufacturer
Yes
PowerLux Corporation
Product model number
Yes
PLEDMR/ PRR/ DV /PRL/NR/S/9/4000/740/120.277/SA
A,1
How Zang has your company been
manufacturing LED rate rflis far
decorative street lights?
Yes
over 5 years
A.2
How long has this model /generatlon
been produced7
Yes
Custom designed for City of Santa Ana
A.4
Warranty (In years)
Yes
5 years
B.3
Lumnalre amblent temperature range
Yes
-40 (min), 55 (Max) C
B.4 ^
How many hours ASTM 5117 testing?
Yes �
N/A no painted metal surface
C.1
LED manufacturer and model number
Yes
P_hill�s Fortimo LED HBMt 4000 35W/740 (Gen 3)
C.3
CCT ( °IQ
Yes
4000K
G4
CRIm
Yes
70
C.5
Projected L701Ife (hours)
Yes
80,000 hours
D,1
LPW
Yes
114.29 (module) 99.26 (system)
0.2
IES Photometric Testing to LM -79
Yes
IES LED module photometric on flash drive
D3.a
Total Luminous Output
Yes
4000
1).3.b
Photometric Layouts
Yes
Custom designed for City of Santa Ana
(available aftercoptract)
E.1
Avallable inputvoltage range(s)
Yes
120V -277V
E.3
Driver rated life and max case temp
Yes
100,000 hours and B0° C
E.4
Surge protection level?
Yes
10 kA and 10kV
F11
NRTL File Number
Yes
Available from Philips
F,2
Is factory 150090017
Yes
Yes
F.3
Is product RoH5 compliant?
Yes
Yes
F,4
Is product on DLC 4PL7
Yes
N /A, custom designed far CIt of Santa Ana
G.1
Are all requreel documents Included?
Yes
Yes
25D -41
Section 2; Product Checklist
Item
Descrl tlon _mm
Required
Response
Product menufacturer
Yes
Ptlwerwxco poration
Product model number
Yes
PLED DR /PRR /DV /P R L/N R/5/9/6000/740/120- 277/SA
A.1
How long has your company been
manufacturing LED retorfitsfor
decorative street lights?
Yes
over 5years
A,2
How long has this model /generation
been produced?
Yes
Custom deslgned for City of Santa Ana
A.4
Warranty (In years) �
Yes
5years
R3
Luninalre amble nt temperature range
Yes
-40 (min), 55 (max) C _
8.4
How many hours A5TM B117 testing?
Yes
N/A no painted metal surface
C.1
LED manufacturer and model number
Yes
Philips Fortimo LED HBMt 6000 54W/740 (Gen 3)
3
CCT (°IQ
Yes_
4000K _
C.4
CRI '
Yes
70
C.5
Projected L70 life (hours)
Yes
80,000 hours ,
01.1
LPW
Yes
111,11 (module) 103,49 (system)
0.2
1 i Photometric Testing to LM -79
IES LED module photometric on flash drive
D,3.a
Total Luminous Output
_Yes
Yes _
6000
D.3.b
Photometric Layouts
Yes
Custom designed for City of Santa Ana
(avallableaftercontract)
E.1
Avallable Input voltage range(q)
Yes
120V -277V
E3
Driver rated life and max case temp
Yes
100,000 hours and 80° C �.
E.4
Surge protection level?
Yes
10 kA and 10kV
F.1
NRTL File Number_
Yes
Avallable from Philips
F.2
Is factory S009001? �_
Yes
Yes
F.3
is product RoHS co 11
Yes
Yes
F.4
Is product on D.LC QPL?
Yes
N /A, custom designed for Cit of Santa Ana _
G.1
Are all requ red documents Included?
Yes
YesA
2501-42
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25D -43
nwir sell , O Santa ,Ana
LED Naria"' Castom Retrofit
MARIAr DIMENSIONS
IES FILE PHOTOMETRIC DATA
Available on request
PACKING DATA
19 "x10 "x25" Weight 42lbs.
Af',_ r
Finial
niarIFR1NO INFORMATION and SELECTION
APPLICATIONS
• Custom designed exclusively for City of Santa Are
SPECIFICATION FEATURES
ksaavoVhen'& rep'sP^ MerlaTm features a traditlonat turn of the
century shape
• Available in acrylic orpolycarbonale
• Type V distribution, optimized for ef(lclent light performance
• Designed for pole height between 10 and 20 feet
• a "or 9, base dlamete"
Overall weight Is reduced for easy installation and
maintenance
• Finial available In black, gold or custom color
• Made in the U.S.A.
LED SYSTEM FEATURES
• Thermally designed for 60,000 hams operation
• Direct downwon) lumen: 4000 or 6000 tarpons
• System wattage: 36W (4000) and 54W (6000)
• Efficacy: up to 111 -114 IWw
• Comfortable supedorquality LED light
• Instant ON and Instant restrike with back -to -full brightness
Feature
• CRI > 70
• Universal voltage 120.277V
• 2 -level dlrnmable driver up to 00% power reducer M save
energy during Inactive times, Works with 0.10V oonlrol and
sonar system.
• Philips Fortuna LED Module is a Green product oontaining
no mercury
• Product reliability and a 5 -year Philips system warronly
liwv
aj
Philips Fortuna LED Pugh Brighbless Module
Mattel No,
PLEOMRIIOVIRR140000401120.27718A
411Iy,�b
Finial
City ol'Smlta Ana Prglect413.ON
4000 Output
Lumen
NfoY ml I "i
r PLEOMR
) be
Poyearanat(F_
Black(B)
it
APPLICATIONS
• Custom designed exclusively for City of Santa Are
SPECIFICATION FEATURES
ksaavoVhen'& rep'sP^ MerlaTm features a traditlonat turn of the
century shape
• Available in acrylic orpolycarbonale
• Type V distribution, optimized for ef(lclent light performance
• Designed for pole height between 10 and 20 feet
• a "or 9, base dlamete"
Overall weight Is reduced for easy installation and
maintenance
• Finial available In black, gold or custom color
• Made in the U.S.A.
LED SYSTEM FEATURES
• Thermally designed for 60,000 hams operation
• Direct downwon) lumen: 4000 or 6000 tarpons
• System wattage: 36W (4000) and 54W (6000)
• Efficacy: up to 111 -114 IWw
• Comfortable supedorquality LED light
• Instant ON and Instant restrike with back -to -full brightness
Feature
• CRI > 70
• Universal voltage 120.277V
• 2 -level dlrnmable driver up to 00% power reducer M save
energy during Inactive times, Works with 0.10V oonlrol and
sonar system.
• Philips Fortuna LED Module is a Green product oontaining
no mercury
• Product reliability and a 5 -year Philips system warronly
liwv
aj
Philips Fortuna LED Pugh Brighbless Module
Mattel No,
Refractor (RR)
Distribution
TYPeta)
Finial
Base
4000 Output
Lumen
6000 Output
Lumen
r PLEOMR
) be
Poyearanat(F_
Black(B)
it
I_ 35M740K
54W174K _
Aarylic(A)
Gold (GJ
B
95WI757K
tiffl 57K
35W, 40WK 120-277V
iolweiwL :y.'6 Corporatioaa
US Manufacturer of Sustainable Energy Efficient Lighting Products
1260 Liberty Way, Sulte E Vista, CA 92081 Phone: 760.727.2360 Fax: 760- 434-4766
Wabsite: wwwpowerlux.com E -mall; klpowerlux @gmall.com
2, 42v,,F;_ w Products '-lave 5400d fhe Test of Imel
25D -44
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25D -45
Poerlsug Santa Ana
LED Dorans Custom Retrofit
�C1
4kl>< qq
A 1
ReOectorLid (RL)
Neek
Pinlaf
r
40000utpat
5000 Output
Lumen
T e 0
Rln
DORA'"ASSEMBLY
;.. clamp Band
nnv:�+ .a._.._.... SnA• Flnlal (ASeamiy)
+-- _ - - - - -- Flama Flnlal(Mcaasory)
chat, Prlwnatis Aelyllev
II "'-- palyaalfiooate top
4._...,�.._.._J
rr ��, rv.,�Verfm'otdoPNon Pe,r,)
Rofleclor Lld (Attuanry)
a
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iES PILE PHOTOMETRIC DATA
Available on request
PACKING DATA
19 'x19 "x28" Weight 121bs.
rinN and CPI Pr rf()Al
J.. Ir�1f p- •1.''�a�l 11....1 .. illl 1 1 1b 111:'}:1
City In'sIvan MR projectIn
1
APPLICATIONS
Custom designed exclusively for City of Santa Ana
SPECIFICATION FEATURES
• YnwarLvx(A Doran Refractor and Prismatic Top feature a traditional turn of
the century shape and state of the art pholomeulc pedormenco
• Avallable In ecryllc orpolycarbonate; Type Id or Type V dlslrtbutlona. Both are
optimized for efficiant light performonce
• Reflectorlld is on aluminum reflector which file between the Prismatic Top and
Refractor
• Reflector Al allowslust enough upllght for a pleasing g law — decreases uptight
0040V and Increases downNght by 20=25Yo
• Aluminum reflector lid designed for maximum photometric efficiency and
opffmurn light distribution which compiles with Oar* Sky Ordinance when used
with eitherperforeted or non- perlorated Ad options
e Clamp band included for attaching Relmdor and Prismatic Top
• Plnlal available In Plsms or Splke(black or custom color)
• Designed forpola height between 10 and 20 feet
a" or 9" base diameter
• Overell Weight is reduced for easy installation and malatenance
• Neck nng to protect refracforf rc metal screws
• Made In 010 U.S.A.
LED SYSTEM FEATURES
• Thermally designed for 50,000 hours operation
• Direct downward lumen: 4000 or 6000 lumens
• System wattage: 35W (4000) and 54W (6000)
• Efffcaoy: up to 111- 1141m/w
• Comfortable superior quality LED light
• Instant ON and Instant re- strike with back -to -full brlgh toads feature
• CRI > 70
• Universal voltage 120 -277V
• 24evol dimmable driver up to Bo% power reducer to save energy during
Inactive times. Works with 040V control and sensor system.
• Philips Portlmo LED Module is a Green product containing no mercury
• Product reliability and a 3 -year Philips system warranty
h3aa1 li In
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Dawnumn Andel r 7fto g
Maximum Centlela: 2977 (Tg¢ � yy��)rov_e�Q q 1CA° I
Model No. Refractor (RR)
Pan Number Example: PLEDDIPRR IDVIPRLINRI8;9MOOa4O)l20- 27718A
Desmlptlon: Poaerl.ux Santa Ana LED Dora Custom Refmftt, Polyoarboaate Refruemr, Dlsalbubon V, Perforated Reflector Lid, Nock Ring, Black Flnlal, On Bane, 64W, 4000K I20.27TV
PowvorLux* Corporation
US Manufacturer of Sustainable Energy Efficient Lighting Products
1260 Liberty Way, Suite E Visia, CA 92081 Phone: 760- 727 -2960 Fax:760- 434 -4766
Webslte: www.powerlux,com E -mail: klpowerlux@gmall.conl
§ pmveau , Products Have Stood the Test of TWO
1
25D -46
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Distribution
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aria
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5000 Output
Lumen
T e 0
Rln
Lumen_
PLEDOR
I Polycadmnate(P
III
Perforated (P)
NR
Fleme(F)
8"
35WI740K
54W7740K
11
Acrylic (AJ
V
Non•Pedoreted NJ
Splho S)
9"
35WI757K
54WI757K
Pan Number Example: PLEDDIPRR IDVIPRLINRI8;9MOOa4O)l20- 27718A
Desmlptlon: Poaerl.ux Santa Ana LED Dora Custom Refmftt, Polyoarboaate Refruemr, Dlsalbubon V, Perforated Reflector Lid, Nock Ring, Black Flnlal, On Bane, 64W, 4000K I20.27TV
PowvorLux* Corporation
US Manufacturer of Sustainable Energy Efficient Lighting Products
1260 Liberty Way, Suite E Visia, CA 92081 Phone: 760- 727 -2960 Fax:760- 434 -4766
Webslte: www.powerlux,com E -mail: klpowerlux@gmall.conl
§ pmveau , Products Have Stood the Test of TWO
1
25D -46
Mason
Patents ondhg
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Color Code
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Color Dealgnadon
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25D -48
Fortirr o LED high
brightness rY od6le
r'DI'1inwD LED HnI`#, 4000 35w/740
Phillips For[Imo LED High Brightness Module (HBMt) Is an elegant
sdupl on for OEMs looking to Incorporate LEDs into their product
portfolio, The compact rectangular light engine with non - Integrated
driver enables different light distributions using a metal reflector, The
same form factor offers multiple lumen pacl(ages, leveraginga single
design Into a full portfolio to better meet and -user needs. The design.
In process Is further simplllled with passive thermal management.
Fordmo HBNI[ Is truly futur9- proof —the light - emitting area, optical
and electrical charac[er sties and mechanical InterfacewIll remain
constant, It also offers the best energy efficacy In the market The
remark able energy savings and CO2 reductions can be further
extended with dimming. Fortlmo LED HBMt Is a Phipps Green
Product and contains no mercury.
"Prtmpernturn l':haracCerwnre
T -case maximum 65 (max) C
f'I'ndurt Dma
Cider tale
Full product code
Pull eoduttname
Cider product name
Pieces per pad,
Podting w0guredon
Padre per auterbox
San code on psak-
SAW
gar code on
auterbox - EAN3
12NC(12NC
wde(x)"
Net wetgbe per piece
929000695703
929000695703
Fortimo LED VIE Mc 4000 35W/740
r,ui LED FIBMC 4000 35W/740
1
10
10
8713291214069
0713291214076
929000695703
0.031 kg
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Housing color
Oparofing Position -[Not $pee]iledj
Usht1'eehnicnl Clione erituii
Color Code
740
Color Daslgoadon
.(Naa Speclfled]
(text)
Correlated Color
900010
Ternpernture
Lulninouc Flux
6006 Lm
Color rendering
70
beer
Caiar Tempernmrc
3995 K [CCT 39851(]
Finculcal Chiran:enedce
Wtttaga 54W
FQrldrno LED high
brightness rr�cac ul
rortinw 1m rinMt moan sawnio
Philips Fortlmo LED High Brightness Module (HBMt) Is an elegant
solution for OEMs looking to Incorporate LEDs Into their product
portfolio. The compact rectangular light engine with non - Integrated
driver enables different light distribudons using a metal reflector, The
same form factor offers muldple lumen packages, leveraging a single
design Into a full portfollo to better meet end•user needs. The deSlgn-
In process Is further simplified with passive thermal management
Fordmo I-IBMt Is truly future- proof— the Ilgha- emitong area, optical
and ¢I¢eerleel characteristics and mechanical Interface will remain
constant. It also offers the best energy efflcacy In die mmlrec. The
remarkable energy savings and CO2 reductions can be further
extended with dimming. Fortbno LED HBMt Is a Philips Green
Product and contains no mercury.
Temperature Charaacn e,
T -case maximmn 65 (max) C
IA'c,dun, Gaza
Order teen
Full product code
Full produce name
Order product name
Pieces per pack
Packing cenflg."Won
Packs per oumrbox,
Far code an pick -
EAN1
Bar coda en
outerbox - EAN3
Loglsdc codu(sj -
12NC
Net weight per piece
25D -49
929W005603
929000695603
Fo1i LED HBMt 6000 54W174(
Portlmo LED HBMt 4000 54WI74C
i
10
10
911W1214021
8719291214030
929000695603
0.031 kg
Oip F 5
4 . x
s@o.+n.s ee a1(Lk :ll rdwi plicit 7
®BSP3 -120 / E3SP3- 208 -240 / BSP3 -277 assigned rtes In conjunction
i, SP3 -347 / BSP3 -480 LED fa and eletricfluacen
LF.CI privets and electronic FI uorescent en <I
Hip ballasts to provide an additional level
3 -Pole LED Driver & @anast Surge Protectors, of protection against powerllnedlatumances
Enhanced In Industrial and Commercial applications
Featull
The BSP3 Series are 3-loaded devices that protect Llme Orm
and Neutral- Ground In accordance with IEEE I ANSI 00241 A
Protests against surges according to IEEE Ce2.412 C High (
• Surge current ruing = 10,000 Amps using indua" standard
Surge Lecatlon Rated Category 03
UL aecognoed Component for the Un [Leo States and Canada gTh
Some models Recagnfred to ULI449 (see below)
• High temperature, flameproof plastic enclosure,
35aC max aurtece temp rating
Thermally Protected Transient Over-voltage Circuit
BSP3.120 [a for use on 120V drivers or ballasts
BSP3 -2771s foruse on 277V or Universal Voltage drivers or
BSP3 -34710 for use on 347V drivers or b0s015
BSPS -480 Is for use on 480V drlvars or ballasts
Part Number
1M%Clamplag
Wings
Burge Rating
(2.51
Ull
BM -120 —
045
120 Jeulae
WS 20e-240
710
190 Joules
Groan
BBp0�277
040
270 J0Wae
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BSP 1247
1120
020 Joules
BSP3 -000
1$00
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LOAD
Groan
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LEO ndver
Output
to Lamp
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COM
GROUND
Specifications subject to change without notice.
Dinnenslons (Note.
— 175•(+- Body: 12" leads, stdpped 0.63"
TLeadwlm: AWG #18 stranded
2,111, 2.25'
Threaded Nlpplllle:
Y:" NPS
'I' mean lelosauh Products, 11548 SvOIL Du- HurlkD' 11. N)l 42, "lt0.47 -548'- 3087,I'4- 8847 -151 S41ul7. Wv WA'Iptml.r:pm
25D -50
121&12
MAYOR CITY MANAGER
Miguel A. Pulido Paul M. waltora
MAYOR PRO TEM CITYATTORNEY
Claudia AlEM S"-" - &only R. Corvalho
COlaudia EMBERS CLERK OF THE COUNCIL
P. Cavld BenavIdes Marla O. Hulzsr
Carlos Bustamante ^wura•
Michele C, Martinez
Vincent Sarmlanto
SalTaajerc CITY OF SANTA ANA
Public Works Agency
20 CIVIC Center Plaza . PA, Sex 1008, M•21
Santa Ana, California 82702
March 11, 2012
ADDENDUM NO. QNE
SUBJECT: REQUEST FOR PROPOSALS FOR LED COERAHEAD STREETLIGHTS
The following clarification has been made to specifications of the subject RFP:
Replace page 1 with the attached page 1. All other terms and conditions remain the same.
1`
25D -51
MAYOR
Miguel A, Pulido
MAYOR PRO TEM
Claudle C, Alvarez
COLINCII-MEMBERS
P. David Bonavdes
Canoe sustomante
Michele C' Martinez
Vincent Sarmlento
Sal Tinaloro
PROJECT.ff'j_3.009
ADDENDUM NO, TWO
H11 y
4i� I Tlr
II 1 I
rY A 1 -t
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza . P.O. Sax 1900, M -21
Santa Ana, Callfornla 92702
March 21, 2013
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
The following clariflcatlon has been made to specifications of the subject RFP:
Changes are noted below. All other terms and conditions remain the same.
NOTICE INVITING PROPOSALS
CITY MANAGER
Paul M. Walton
CITY ATTORNEY
Sonla R. Carvalho
CLERK OF THE COUNCIL
Made D. Hulzor
The sucoessful proposer must possess or obtain a valid California Class S- 27--and C -10 Cont'ractor's license
priorto the Scheduled award date of this contract.
EXHIBIT J
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGFITS
MINIMUM PROPOSER QUALIFICATIONS
4, Proposer staeEi# y4hat- kamiRairesshallconform- to- thecurren444um {netRg- EeNeecRg5ese4y{{E
def #41041' * 'fit i a ne y{-00}deg ees ak>eve the lure as FS
1
2501-52
RF'P FOR LED COBRAHEAD STREETLIGHTS page 117
20B -35
25D -53
MAYOR
Miguel A. Pardo
MAYOR PRO TEM
Claudia C. Alvarez
COUNCILMEMBERS
P. David eanavides
Carlos Bualamanla
Michele 0. Manlnez
Vincent Sarmiento
Sal Tlnalare
PROJECT #13-00
ADDENDUM NO. THREE
.; 4r�.ea4..H r
j nil
CITY tl OF SANTA ANA
Public. Works Agency
20 Civic Center Plaza . P.O. Sox 1088, M -21
Santa Ana. California 92702
March 27, 2013
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
The following clarification has been made to specifications of the subject RFP:
Changes are noted below, All other terms and conditions remain the same,
KEY RFP DATES:
Issue Date:
Proposal Due Date
Projected Award Date:
INTRODUCTION
Tuesday, March 5, 2013
Tuesday, May 7, 2013 @ 2:00 PM.
Monday, July 1, 2013
CITY MANAGER
Paul M. Welters
OITYATTORNSY
Sonla R. Carvalho
CLERK OF THE COUNCIL
Marla D. Hulzar
The purpose of this Request for Proposals (RFP) is to obtain a Proposer to enter an agreement with
the City to remove and dispose of existing decorative post top street light luminaires, and furnish
and Install energy efficient LED post top retrofit streetlight luminaires, The ALTERNATE
PROPOSAL is to provide and test only. The Proposer will be required to provide 3'54 LCD post top
retrofit street light, luminaires. The City reserves the right to Increase or decrease the quantity of
lights at no additional cost per fixture. This project is funded by Southern California Edison's On-Bill
Financing Program. Award of the project is subject to both final funding approval by SCE and City
Council approval. Payment will be made to the successful proposer after the project Is accepted
and funded by SCE. For details pertaining to SCE's OBF go to
http.,//1MEAsce.com/husine2s /onb'I /o - bill•fnancin ct.htaL
Historically, funds for payment of the project may not be available to the City from SCE for two to
four months after completion of the project. Subsequently, final payment may not be made for three
to six months from completion of the project.
25D -54
EXHIBIT 8
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING
Certiflcatlon - I eerfiry that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Servlces (Exhibit A) and am familiar with the scope of work
Ioeatlons. 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 discrepaneles 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, overhead, Incidental supplies, travel, mileage, and fuel. Fee shall also Include post -
Installation testing for photometrlos and power consumption, Any special materials will be purchased by the
contractor only after discussed and authorized by the City projects manager or designee In writing.
Alternate Proposal - Pricing shall be based on a per each, for providing fixtures only. Fee must be
inclusive of all costs, including but not limited to, delivery, any direct and Indirect costs for labor, overhead,
Incidental supplies, travel, mileage, and fuel, . Fee shall also Include past - Installation testing for photometrics
and power consumption.
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
EX ENDaD TOTAL
PRICE
1
70W 9gQlVALENT- Provide & Install
140
EA
For Concrete Poles
2
190W EQUIVALENT Provide & Install
120
EA
For Concrete Pales
S
160W EQUIVALENT ProvlAa & Install
=I-
For Stool Polas
Total Extaoded Cost — Wrltton
RFP FOR LED COSRAHEAD STREETLIGHTS
20B -37
25D -55
ALTERNATE PROPOSAL
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
EXTENDED TOTAL
PRICE
1
70W EQUIVALENT�Provlde Only
144
EA
For Concrete Po lea
2
1BOW EQUIVALENT - Provide Only
120
EA
For Concrete Poles
8
16OW EQUWALENT�Provlde Only
94
EA
For Steel Poles
Total Extended Coal — Written
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS
ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THAT DO Nb7 CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE.
RFP FOR LED COBRAHEAD STREETLIGHTS
25D -56
INSURANCE NOT REQUIRED A- 2014.057
WORK MAY PROCEED
d CLERK OF COUNCIL
DATF MAR 2 A. 2014
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 18, 2014,
by and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ( "City").
RECITALS:
A. The parties entered into Agreement A -2013 -137, dated September 3, 2013, (hereinafter "said
Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries.
B. [n accordance with the terms and conditions of said Agreement, the parties wish to amend the
Scope of Services to include additional streetlights that will be replaced with LED streetlight
luminaries and to increase compensation to pay for the additional luminaries provided.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights
purchased by a total of 60. The section shall read in full as follows:
"Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa
Ana, California, 414 new LED post top retrofit streetlights which conform to the
specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said
Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for
photometric conformance and power consumption. In addition, Vendor shall provide a
five (5) year warranty for any and all materials, supplies, labor and equipment provided
pursuant to this Agreement.
If additional funding is secured, City retains the option to purchase additional streetlights
at the unit price set forth in Vendor's Proposal."
2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"The City agrees to pay, and Vendor agrees to accept as total payment for said
streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight
delivered and successfully tested. The total sum to be expended under this Agreement
shall not exceed $147,000 during the term of this Agreement."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
n
Exhibit 3 B
2501-57
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID ZOS
Clerkofthe Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
POWERLUX
City Attorney
Laura Sheedy
KENNETH LAU
Assistant City Attorney
President
RECOMMENDED R A PROVAL:
EDWIN "WILLIAM" OALVEZ, P.E.
Interim Executive Director - P WA
2501-58
lNVJRf NCENOTREQUIRED A- 2013.137
WORK MAY PROCEED
t CLERK OF COUNCIL
AGREEMENT TO MANUFACTURE AND
( PROVIDE LED STREETLIGHTS
cL
/ THIS AGREEMENT, made and entered Into this 316 day of September, 2013 by
Powerlux, (hereinafter "Vendor "), and the City of Santa Ana, a charter city and municipal
ri corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City ).
RECITALS
A. The City Issued RFP 13.009 • "LED Post Top Retrofit Streetlights" to procure a
vendor to manufacture and provide energy efficient LED street light luminaries,
B. Vendor submitted a proposal to provide such LED luminaries and was
determined to provide the best quality material at minimum cost to the City,
C. In undertaking the performance of this Agreement, Vendor represents that It is
knowledgeable in its field and that any materials, supplies, labor and equipment provided
by Vendor under this Agreement will be provided In compliance with the specifications
set forth In Vendor's Proposal,
NOW THEREFORE, In consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
I,SCOPE OF SERVICES
Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa
Ana, California, 354 new LED post top retrofit streetlights which conform to the
specifications set forth in Vendor's Proposal dated May 6, 2013, attached hereto as
Exhibit A and incorporated by reference. After City Installation of said streetlights,
Vendor shall test for photometric conformance and power consumption. In addition,
Vendor shall provide a five (6) year warranty for any and all materials, supplies, labor
and equipment provided pursuant to this Agreement,
If additional funding is secured, City retains the option to purchase additional streetlights
at the unit price set forth in Vendor's Proposal.
ILCOMPENSATION
A. The City agrees to pay, and Vendor agrees to accept as total payment for said
streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight
delivered and successfully tested. The total sum to be expanded under this Agreement
shall not exceed $125,000 during the term of this Agreement.
B. Vendor shall submit one invoke to the City upon completion of the Project, Said
Invoice shall be submitted in a format approved by City, and shall include the following
Information:
Vendor's invoice number
Beginning and ending dates for services
Exhibit-3/4
1'
25D -59
Iii. City project number and /or name (if applicable)
iv. Delivery site address /location (If applicable)
v, Unit cost, subtotals and total for Invoice
C. Extra Work. No additional work of any kind shall be considered an extra unless
a separate estimate is given for said work and the estimate Is approved by the City In
writing before the work Is commenced. The Vendor will be required to provide detailed
information of such extra work. Documentation of contract compliance may be required
at City's request. Work performed prior to obtaining written approval of the City shall not
be Included within the Scope of Work and may not be paid.
D Payment by City shall be made within sixty (60) days following receipt of
payment from investor owned utility financing, subject to City accounting procedures.
Payment need not be made for work which falls to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
IlI.TERM
This Agreement shall commence on the date first written above and terminate on June
30, 2014, unless terminated earlier pursuant to Section XI, below, The Vendor shall
deliver all items under this contract within a period of one hundred forty (140) days after
City notice to proceed, unless terminated earlier in accordance with Section XII.
IV.INDFPENDENT CONTRACTOR
Vendor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not
intended nor shall be construed to create an employer - employee relationship, a joint
venture relationship, or to allow City to exercise discretion or control over the manner in
which Vendor performs services. However, the services to be provided by Vendor shall
be provided in a manner consistent with all applicable standards and regulations
governing such services. Vendor shall pay all salaries and wages, employer's Social
Security taxes, unemployment Insurance and similar taxes relating to employees and
shall be responsible for all applicable withholding taxes.
V.INDEMNIFICATION
Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability for personal
Injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may
was from the direct or indirect operations of the Vendor or its subcontractors,
subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described In Section 1 of this Agreement.
VI.CONFLICT OF INTEREST CLAUSE
Vendor covenants that It presently has no interests and shall not have Interests, direct or
indirect, which would conflict in any manner with performance if services specified under
this Agreement.
25D -60
VILNOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mall, postage prepaid, or sent by facsimile or
other telegraphic communication to the following parsons:
To City: Clerk of the City Council
City of Santa Ana
P.O. Box 1988 M -3c
Santa Ana, CA 92702.1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
P.O. Box 1988 M•21
Santa Ana, CA 92702
And: City Attorney
City of Santa Ana
P.O. Box 1988 M -29
Santa Ana, CA 92702
To Vendor: PowerLux Corporation
Mr. Kenneth Lau
2588 -F El Camino Real, Suite 333
Carlsbad, California 92010
Vill. EXC LU SIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Vendor, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
attachments horeto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Vendor. The parties agree that any terms or conditions of any
purchase order or other Instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obilgate Vendor nor the City, Each party to this
Agreement acknowledges that no representatives, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
IX.ASSIG N M E NT
Inasmuch as this Agreement is intended to secure the specialized services of Vendor,
Vendor may not assign, transfer, delegate, or subcontract any interest herein without
prior written consent of the City, and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void,
Nothing In this Agreement shall be construed to limit the City's ability to have any of the
services which are the subject to this Agreement performed by the City personnel or by
1:
25D -61
other Vendor retained by City.
X,TERMINATION
a. The City reserves the right to terminate the contract as follows:
In the event Vendor falls or refuses to timely perform any of the provisions of this
agreement in the manner required, or if Vendor violates any provision of this
agreement, Vendor shall be deemed in default. City shall provide written notice
of such default to Vendor's project manager. Vendor shall cure said default
within a period of two (2) working days. If such cure is not completed in a timely
manner, City may terminate the agreement forthwith by giving written notice to
Vendor's project manager. City may, in addition to the other remedies provided
in this Agreement or authorized by law, terminate this Agreement by giving
written notice of termination. Vendor shall be responsible for all costs Incurred by
City, including replacement costs of equipment and labor required to provide
service during Vendor's default. In the event of such termination for cause, City
shall pay Vendor that portion of compensation specified In the Agreement that is
earned and unpaid prior to the effective date of termination. Vendor shall not be
entitled to any compensation for lost profits It terminated for cause.
2. This agreement may be terminated without cause by City upon thirty (30)
days written notice delivered to Vendor either personally or by mall. Upon
termination, City shall pay to Vendor that portion of compensation
specified in the agreement that is earned and unpaid prior to the effective
date of termination.
3. In addition to, or in lieu of, remedies provided in this agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Vendor's compensation for contract services if, in the judgment of the City
project manager, the level of service falls below appropriate standards
and /or Vendor fails to satisfactorily perform contract services. City shall
have the right to retain funds withheld until the project manager
determines that contract services are performed In conformance with this
Agreement.
XI, DISC RIMINATION
Vendor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Vendor affirms that it is an equal
opportunity employer and shall comply with all applicable federal, State and local laws
and regulations.
XII.JURISDICTION —VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California.
Both parties further agree that Orange County, California, shall be the venue for any
25D -62
action or proceeding that may be brought or arise out of, in connection with or by reason
of this Agreement.
XIII.PROPESSIONAL LICENSES
Vendor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the, laws and regulations of the United Sates, the State of
California, the City of Santa Ana and all other governmental agencies, Vendor shall notify
the City Immediately and In writing of their Inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said Inability shall be cause for termination
of this Agreement.
XIV.RESPONSIBILITY FOR DAMAGES
The Vendor shall be responsible for all damages to persons and /or property that occur
as a result of the fault or negligence of said Vendor or his employees in connection with
the performance of this work.
XV.SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide
required maximum safety to the public and where applicable, comply with all safety
standards required by CAL -OSHA. The Director reserves the right to issue restraint or
cease and desist orders to the Vendor when unsafe or harmful acts are observed or
reported relative to the performance of the work under this contract,
XVI.PAYMENT
The Vendor will be paid after completion of the project, upon approval and payment to the
City by Southern California Edison. Vendor shall submit a detailed report of work
performed and materials used In the project. This report shall be accompanied by a billing
in accordance with the contract price for the work performed, and shall become basis for
payment.
XVILAPPRENTICESHIP STANDARDS
Where required under law, the contractor on this project shall assume full responsibility
for compliance with apprenticeship standards as established by Section 1777.5 of the
California State Labor Code,
XVIII.SUBCONTRACTORS
The successful proposer shall not, without the written consent of the City,
A. Substitute any person or firm as subcontractor in place of the subcontractor
designated in the original proposal.
B, Permit any subcontract to be assigned or transferred or allow it to be performed by
anyone other than the original subcontractor listed in the proposal.
41
25D -63
C. Subcontract any portion of the work after bid Is submitted if the cast thereof exceeds
one -half (112) of one (1) percent of the total proposal and a subcontractor was not
designated for the work in the original proposal.
XIX.MiSCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that Its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, Including reasonable casts and attorney's
fees, for any injuries or damages to City in the event that such authorlty or power Is
not, In fact, held by the signatory or is withdrawn.
B. All exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
Maria 0. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By, ,. /Z (
Laura S eedy dy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Edwin "William" Gal P. E.
Interim Executive hector
Public Works Agency
T
25D -64
CITY QFSA TA YNA
Carlos Rojas, N
Acting City Manager
VENDOR
KE NETH LAU
Presldent
AGREEMENT FOR PROVISION OF
ELECTRICAL CONTRACTING SERVICES
THIS AGREEMENT, made and entered into this 17 °i day of June, 2014, by California Professional
Engineering, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a chatter city
and municipal corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City"),
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of street light
repair and installation.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is 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 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:
1. SCOPE OF SERVICES
Contractor shall rewire the existing street light system and install new City supplied fixtures on the existing
street light poles on North Park Circuit (hereinafter "Project "), as set forth in Exhibit A, attached hereto and
incorporated by this reference.
2. COMPENSATION
a. The Contractor agrees to accept as total payment for its services, a fixed price of $512,450. The
City has allocated an additional $20,000 contingency amount, to be expended only at the written direction of the
Executive Director of Public Works or his designee for additional services required due to unforeseen
circumstances. The total sum to be expended under this Agreement shall not exceed $532,450 during the term
of this Agreement.
b. Payment to Contractor for the City paid portion of the contract shall be made after
completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and
materials used in the Project. Within sixty (60) days after receipt of such report, City shall pay Contractor,
subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March 31, 2015. However,
contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from
Agreement commencement unless terminated earlier in accordance with Section 13.
4. OWNERSHIP OF IMPORTS AND DOCUMENTS
J
- I
25D -65
The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data
produced tinder this Agreement shall be delivered to, and become the property of City. Copies may be made for
Contractor's records but shall not be furnished to others without written authorization from City. Such
deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not
an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
employee relationship or ajoint venture relationship; however, the services to be provided by Contractor shall
be provided in a manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its
subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability insurance. Contractor shall maintain commercial general liability
insurance which shall include, but not be limited to protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising
out of Contractor's operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, acrd property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds
provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
than One Million Dollars ($1,000,000,00) per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles.
c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor
Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers
Compensation or to undertake self - insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than
One Million Dollars ($1,000,000.00) per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional
liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars
($1,000,000.00) per claim,
section:
e. The following requirements apply to the insurance to be provided by Contractor pursuant to this
(i) Contractor shall maintain all insurance required above in full force and effect for the entire
period covered by dris 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.
25D -66
(iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or
refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this Agreement. Stich 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.
INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its
subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described
in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation,
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to
indemnify, hold harmless, and pay all cost for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, effects arising from this Agreement. City
may make all reasonable decisions with respect to its representative in any legal proceeding.
S. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably
understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such
information except in the performance of this Agreement, and further agrees to exercise the same degree of care
it uses to protect its own information of like importance, but in no event less than reasonable care.
"Confidential information" shall inolude 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 nomtse 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;
a) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance if services specified under this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement And be in writing
aid shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage
25D -67
prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this section, to the
following persons:
To City: Clerk of the City Council
City of Santa Ana
P.O. Box 1988 M -30
Santa Ana, CA 92702 -1988
Fax: 714- 647 -6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
P.O. Box 1988 M -21
Santa Ana, CA 92702
Fax: 714.647 -5069
and: City Attorney
City of Santa Ana
P.O. Box 1988 M -29
Santa Ana, CA 92702
Fax: 714- 647 -6515
1-o Contractor: California Professional Engineering
929 Otterbein Avenue, Unit E
La Puente, CA 91748
Fax: 626.810 -1322
A party may change its address by giving notice in writing to the other party. Thereafter, any communication
shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or
deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered
or certified, with postage prepaid, and addressed asset forth above. If sent by telefacsimile, communication
shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the
transmission report issued by the transmitting facsimile machine, addressed as set forth above, For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
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 parties. In the event of a conflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate neither Contractor nor the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not
assign, transfer, delegate, or subcontract any interest herein without prior written consent of the City, and any
such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered
null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the
25D -68
services which are the subject to this Agreement performed by the City personnel or by other Contractor
retained by City.
13, TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such
event, Contractor shall be entitled to receive, and the City shall pay Contractor compensation for all services
performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all
work product completed as of such date, and in such case such work product shall be property of the
City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the
Recitals of this Agreement.
14. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation,
age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment,
selection, training, utilization, promotion, termination or other employment related activities. Contractor
affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local
laws and regulations.
15. JURISDICTION —VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the
laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for
any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,
waivers, and exemptions necessary for the provision of services hereunder and required by the laws and
regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies,
Contractor shall notify the. City immediately and in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. RESPONSIBILITY FOR DAMAGES
The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault
or negligence of said Contractor or its subcontractors, agents, omployees, 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 lithe 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.
9117-M
25D -69
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 mintier that the amount of payment withheld due to
substandard performance, nonperformance and /or forfeiture for non-completion per schedule totals five percent
(5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor
continues to perform the work in such a manner that the amount of payment withheld due to substandard
performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 " %) of the
total contract price, this Agreement may be terminated at the City's option. In the event of termination for
unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to
changing contractors.
19. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manor as to provide required maximum
safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The
Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful
acts are observed or reported relative to the performance of the work under this contract.
20. HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its
operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be
immediately reported to the Public Works Agency.
21. ACCESS TO PRIVATE PROPERTY
Prior to the commencement of any work that will restrict access to private property the Contractor shall notify
each affected property owner or responsible person, informing him or her of the nature of and the approximate
duration of the restriction.
22. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as
sprinkler systems, drain pipes, lawns, 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.
23. TRAFFIC CONTROL
The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all
times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the
Director for approval.
24. MISCELLANEOUS TRAFFIC DEVICES
Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for routine
and /or extraordinary maintenance pursuant to this Agreement.
25D -70
Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH
published by Building News, inc., and made a part of these special provisions. The method in which signs,
barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in
accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works
Agency — Administration Division.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons,
barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory
illumination if in place during hours of darkness.
25. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation,
then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make
corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred
Dollars ($200.00) for each callout.
26. APPRENTICESHIP STANDARDS
Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship
standards as established by Section 1777.5 of the California State Labor Code,
27, SUBCONTRACTORS
The Contractor shall not, without the written consent of the City:
a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original
proposal.
b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than
the original subcontractor listed in the proposal.
o. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2)
of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original
proposal.
28. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right
to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including
reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or
power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of
this agreement.
25D -71
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HWZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By.
os Straka
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Elwin "William" Oalvez, P.E.
Interim Executive Director,
Public Works Agency -
Q11
25D -72
CITY OF SANTA ANA
David Cavazos
City Manager
Sieman's Industry, INC.
KEVIN MC CARTHY
Corporate Secretary
Tax ID#
EXHIBIT A
SCOPE OF WORK
PART I — SCOPE OF WORK
The North Park Circuit is designated on the attached map. The North Park Circuit has approximately
22,000 LF of wire and 101 poles. Approximately 18 of the poles are double kings with 2 fixtures each.
The North Residential Circuit is designated on the attached map. The North Residential Circuit has
approximately 30,000 LF of wire and 112 poles.
The conduit locations shown on the maps are approximate. It Is the Proposer's responsibility to
ascertain the quantities of fixtures, wire, pullboxes etc. All proposed locations shall be shown on the
final plans designed by the Proposer and approved by the Agency.
The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic
control per the Work Area Traffic Control Handbook ( "WATCH ").
This Request for Proposal calls for the removal and replacement of the existing street light cable in
the Floral Park Neighborhood which is bordered by Broadway and Flower Street, between 17th Street
and the Santiago Creek.
This project will require replacing all the cable in the entire system with three new #8 THW wires. The
existing poles are required to be rewired with new #12 THW wire, the existing fixtures removed and
salvaged, replaced with new PowerLux fixtures and globes. The new fixtures may need minor
modifications to fit existing pole configurations, Costs for modification shall be included in the lump
sum proposal amount.
New service pedestals will be furnished and installed by the Proposer. Proposer shall determine the
number of new service points necessary to adequately provide power for the system, using the
minimum number of service points possible and shall coordinate with SCE to determine the new
service points. All SCE engineering costs will be paid by the City. The SCE planner for this project is
Isaac Dominguez 714 - 285 -4339
Proposer will locate and intercept existing conduit adjacent to service pedestal and install conduits
and pull box adjacent to pedestal. All costs for conduit work, Including hardscape replacement, to
connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and
connected properly in service pedestal. All work, equipment, labor and materials necessary to provide
complete functioning system shall be included in the Proposal pricing. Existing globes shall be
cleaned, salvaged and delivered to the City yard.
The existing streetlight systems were installed in the early 1920's. The exact condition and location
of the underground conduit is unknown although the existing cable was installed 5 years ago. The
City expects the existing cable to be used to pull In the new wire. Pre - lubrication of the conduits may
be necessary. The City does not anticipate that much of the existing conduit will need to be repaired.
Similar projects In the area have encountered less than 15% of conduit needing repair. Proposer shall
include 15% conduit repair in the proposal. Costs for conduit repair including materials and labor will
I! 1
25D -73
be included in the lump sum costs proposed. The Proposer may need to excavate to access and
disconnect the existing conduit sweeps at the pole foundations to properly pull the new wire. All costs
for excavation, including hardscape replacement and conduit disconnect/reconnect shall be Included
in the lump sum price.
Scope of work includes the following:
Install new service pedestals per specifications.
Remove existing cable from conduit.
Intercept existing conduit and Install new conduit and pull boxes to connect to new service
points.
Re -wire system using existing conduit.
Replace any deteriorated conduit only if it is impossible to pull the new wire through.
Remove and salvage existing fixtures.
Rewire poles and install new fuses and fixtures, etc. per City Standard #1126 -F.
Material List:
Fixtures: Powerlux PLEDMR /DV/B/9/4000/740/120- 277/SA
Wire: THW red, black, green
Conduit: 2" Schedule 80 PVC
Fuses: 240V 10A with holder per City Standard 41126 -F two (2) per pole
Service Pedestals: Milbank MILCP3811115A22SP33 120/240V w/ GFI duplex receptacles;
base MILCP16PDMNTCALT
PART II SPECIAL PROVISIONS
L EXCAVATING AND BACKFILLING
Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfllling" of the
California State Specifications (CSS) and these Special Provisions.
The following paragraph shall be added to Section 86 -2.01:
All excavated material in roadway shall be removed from the site and backfilled with compacted
crushed aggregate base material topped with temporary asphalt concrete on the same working day
as removed. A temporary alternative to backfilling, with permission of the Agency, shall be the
placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such
plating shall not be allowed for more than five (6) working days, after which backfill shall be required,
K1]--]W-
25D-74
Slurry backflll: Use of a half -sack cement and sand slurry provided by a commercial ready -mix
concrete vendor may be permitted except in parkway areas. The slurry shall be placed monolithic
from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as
directed by the Agency.
II. CONDUIT
Roadway lighting conduit shall conform to the provisions in Section 86 2.05, "Conduit', of CSS and
these Special Provisions.
Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans, Insulated
bonding bushings will be required.
All conduits, excluding SCE service conduits, shall be installed at the depth not less than 36" below
finished grade in pavement areas 24" in sidewalk and parkway areas. Only when conduits are to be
installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where
the in- between distance is too short to meet the 42" depth and the 45- degree sweep requirements,
the conduit may be Installed at shallower depth but not less than 18" below finished grade.
After conductors have been installed, the ends of conduits shall be sealed with Industry grade sealing
compound.
Replace sidewalk and pavement In -kind to match existing material, color, and pattern, from score
mark to score mark after pull boxes and conduit have been Installed. Payment for replacement of
sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for
potholing, trenching, boring etc. shall be included in lump sum price.
PULL BOXES
Pull boxes shall conform to the provisions in Section 86 2.06, 'Pull Boxes" of CSS, CSP ES -8 and
these Special Provisions.
Notes 4(a) (5) and 4(b) (10) on CSP ES -8 shall not apply.
Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the
Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall
be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight
(BES lite non - concrete, or approved equal). Pull box lids shall be stamped "LIGHTING ". 24" of wiring
shall looped in every pull box, New pull boxes shall not be installed within any curb access ramp.
IV. CONDUCTORS
Conductors shall conform to the provisions in Section 86 2.08, "Conductors" of CSS and these
Special Provisions. Wire shall be THW.
V. WIRING
Wiring shall conform to Section 86 2.09, "Wiring ", of CSS and these Special Provlslons,
No. 8 AWG or larger conductors shall be spliced by the use of "C" shaped compression connectors
and properly insulated. No splices will be allowed in conduit or in poles above handhole,
25D -75
Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid
conductors.
FLOWERST
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25D -76
Southern California (Edison
On -Bill Financing Agreement
sOUTHU N enuronNin
Lj EDISON°
An NOISON fWaRMA170NAC Cumpa,
Southern Californla Edison. Exhibit 55 Form# 14-791 6/2010
20B -159
25D -77
On -Bill Financing Agreement
This On -Bill Financing Agreement to ( "OBF Agreement ") Is entered Into on 20_,
(the "Effective Date ") by and between the undersigned customer ( "Customer ") and Southern California
Edison Company ( "SCE ") (each a "Party," collectively the "Parties ").
Recitals
1. Customer and SCE entered into the Energy Management Solutions Incentives Application for
Business Customers on or about , 20_ and if applicable, the Customized Solutions
Agreement (Individually or collectively referred to as "EMS Agreement "), which is /are attached
hereto and Incorporated herein by reference
2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and
maintains a service account with SCE for electric service. Customer has completed Installation of
certain energy efficient equipment ( "Equipment ") at the Site as set forth in the EMS Agreement
and has accepted the equipment as being operational and in good working order,
3. In Decision 09 -09 -047, the California Public Utilities Commission authorized SCE to provide zero
percent interest financing for the Installation of certain energy efficient equipment, which is to be
repaid over a specified period through the Customer's electric utility bill ( "On -Bill Financing "),
4. Customer desires to enter Into this OBF Agreement In order to participate in SCE's On -Bill
Financing program and Customer agrees to repay SCE the Amount Financed (as defined under
"Loan Terms ", below) through the Customer's SCE utility bill pursuant to the terms and conditions
of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the Parties agree as follows:
Terms and Conditions
Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF
Agreement without definition shall have the same meanings as are set forth in the EMS Agreement,
Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the
Amount Financed to Customer or to a third -party payee designated by Customer under the Loan
Terms, below. Customer's designation of a third -party payee may not be changed or revoked.
Loan Terms:
Amount Financed "Amount Financed"
$ .00
Interest Rate:
0%
Fees:
0
Months to Pay:
Monthly Payment:
$
Service Account to be Billed:
Designated Third -Part Payee if any):
Address of Designated Third -Part Payee:
Southern California Edison
25D -78
Form# 14 -791 6/2010
Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly Installments
as set forth in the section above (Customer's "Loan Obligation "). The first Monthly Payment of
Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's
SCE utility bill for the Service Account listed above.
Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE
OBF Installment Charge" on the monthly SCE utility bill for Customer's Service Account. Customer
may pay the Loan Obligation In the monthly installments or pre -pay the Loan Obligation in one
lump sum without penalty, but prepayments for less than the remaining balance will not be
allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill for the number
of months set forth above, or until the Loan Obligation is paid In full by Customer, whichever occurs
first. Customer shell make payments to SCE as directed in the SCE utility bill.
Partial Payments; If Customer is unable to make a full payment of the Loan Obligation in any given
month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be
applied in equal proportion to the energy charges and the Loan Obligation, and the Customer will be
considered to be delinquent and in default of both the energy bill and the Loan Obligation,
Late Payments: No late payment charges or interest will be assessed for delinquent payments on the
Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy
charges pursuant to SCE's Rule 9 which is incorporated herein by reference.
Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check
returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to
any forms of payment that are subsequently dishonored.
Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due
under each SCE utility bill to the Customer's Service Account, and a default under this OBF
Agreement will be treated as a default under the Customer's Service Account. Customer's Loan
Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and
Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is Incorporated herein
by reference.
Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF
Agreement shall constitute a breach under all of the above referenced agreements. For purposes
herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if
Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the
Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or
otherwise causes the termination of the Service Account, or (4) otherwise breaches this OBF
Agreement and/or the EMS Agreement, and the breach is not cured as specified therein.
Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth In
this section shall not be subject to any additional cure period. Following a breach as set forth in this
section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation
immediately due and payable.
Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to,
file a UCC -1 ( "Financing Statement") against the Equipment to secure Customer's obligation to repay
the Amount Financed. Customer agrees to execute any and all documents in connection with the
Financing Statement in order for SCE to perfect Its security Interest in the Equipment. Customer
agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect
to file a Financing Statement.
Southern California Edison
25D -79
Form# 14-7916/2010
Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's
attorneys, upon breach and default by Customer as described In the preceding section, to appear In
any state or federal court In Los Angeles County, California, as Customer's attorney -In -fact and
confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil
Procedure § 1132 at. seq., or by any other appropriate means, for the full amount due plus all costs of
collection, Including without limitation court costs and reasonable attorneys' fees. No single exercise of
the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any
such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue
undiminished and may be exercised from time to time as SCE may elect until all amounts owing under
this OBF Agreement have been paid in full.
Modification: Any change to this OBF Agreement must be in writing and signed by Customer and
SCE; except that during any given month, if Customer is unable to make full payment on the Loan
Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF
Agreement in writing. Any written modification or amendment will not be effective unless and until
signed by SCE or such condition Is waived by SCE in its sole and absolute discretion.
Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS
Agreement run concurrently. Therefore, the OBF Agreement shall continue into effect until the Loan
Obligation is paid in full.
Assignment: Notwithstanding anything to the contrary in the Agreement, Customer may not assign its
rights or delegate its duties underthe Agreement.
Additional Representations: Each person signing this OBF Agreement represents and warrants that
he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on
behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further
represents and warrants that if it is a legal entity, it is in good standing in Its state of formation.
Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants,
representations, warranties, agreements and conditions of the EMS Agreement shall remain
unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS
Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF
Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced
In all respects according to, the laws of the State of California. This OBF Agreement may be executed
In one or more counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument. If any one or more of the provisions contained in this OBF Agreement
shall for any reason be held to be invalid, Illegal or unenforceable In any respect, then this OBF
Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never
been contained herein and all other provisions of this OBF Agreement shall be construed to remain
fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby
incorporated herein by reference.
Southern California Edison
[Remainder of page intentionally left blank]
20B -62
25D -80
Form# 14 -791 8/2010
IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date.
Customer: Southern California Edison Company:
Authorized Representative:
Title:
Signature:
Date:
Business Address:
Telephone No,
Fax No.
E -Mall Address:
r
APP VIID AS 4i
r
osaph Straka
Assistant City Attorncy
Southern Californla Edison
r .
25D -81
Authorized Representative:
Title:
Signature:
Date:
Business Address:^
Telephone No,
Fax No,
E -Mall Address:
Form# 14-7916/2010
1
25D -82
Exhibit 3
Agreement with California Professional Engineering 05/19/15
25D -83
25D -84
AGREEMENT FOR PROVISION OF
ELECTRICAL CONTRACTING SERVICES
THIS AGREEMENT, made and entered into this 19t' day of May, 2015, by California Professional
Engineering, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City ").
RECITALS
A. The City desires to retain a Contractor having special skill and lmowledge in the field of street light
repair and installation.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is 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:
1. SCOPE OF SERVICES
Contractor shall rewire the existing street light system and install now City supplied fixtures on the
existing street light poles on Floral Park Neighborhood (hereinafter "Project "), as set forth in Exhibit A,
attached hereto and incorporated by this reference.
2. COMPENSATION
a. The Contractor agrees to accept as total payment for its services, a fixed price of $478,020. The
City has allocated an additional $20,000 contingency amount, to be expended only at the written direction of the
Executive Director of Public Works or his designee for additional services required due to unforeseen
circumstances. The total sum to be expended under this Agreement shall not exceed $498,020 during the term
of this Agreement.
b. Payment to Contractor for the City paid portion of the contract shall be made after
completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and
materials used in the Project. Within sixty (60) days after receipt of such report, City shall pay Contractor,
subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30, 2016, 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
EXHIBIT 3
25D -85
made for Contractor's records but shall not be furnished to others without written authorization from City. Such
deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an
employer - employee relationship or a joint venture relationship; however, the services to be provided by
Contractor shall be provided in a manner consistent with all applicable standards and regulations governing
such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability
insurance which shall include, but not be limited to protection against claims arising from bodily and personal
injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising
out of Contractor's operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds
provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned,
hired and non -owned automobiles,
c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor
Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers
Compensation or to undertake self - insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than
One Million Dollars ($1,000,000.00) per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional
liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars
($1,000,000,00) per claim.
e. The following requirements apply to the insurance to be provided by Contractor pursuant to this
section:
(i) Contractor shall maintain all insurance required above in full force and effect for the entire
period covered by this Agreement.
(ii) Certificates of Insurance shall be 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 changed in any other material aspect without thirty (30) days prior written
notice to the City.
25D -86
f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or
refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall
not affect Contractor's right to be paid for its time and materials expanded prior to notification of termination.
Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
and. claims for property damage, which may arise from the direct or indirect operations of the Contractor or its
subcontractors, agents, employees, or other persons acting on their behalf which relates to the services
described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the everts referred
to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further
agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, effects arising from this Agreement. City
may make all reasonable decisions with respect to its representative in any legal proceeding.
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Contractor agrees that it shah not use or disclose
such information except in the performance of this Agreement, and further agrees to exercise the same degree
of care it uses to protect its own information of like importance, but in no event less than reasonable care.
"Confidential information" shall include all nonpublic information. Confidential information includes not only
written information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered
by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information
that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a
publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially;
4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,
which would conflict in any manner with performance if services specified under this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in
writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,
postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this section,
to the following persons:
25D -87
To City: Cleric of the City Council
City of Santa Ana
P,O, Box 1.988 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
Pax: 714 - 647 -5069
and: City Attorney
City of Santa Ana
P.O. Box 1988 M -29
Santa Ana, CA 92702
Fax: 714 -647 -6515
To Contractor: California Professional Engineering
929 Otterbein Avenue, Unit E
La Puente, CA 91748
Fax: 626- 810 -1322
A party may change its address by giving notice hi writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. 1f sent by mail, communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly
registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile,
communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth
on the transmission report issued by the transmitting fi cshnile machine, addressed as set forth above. For
purposes of calculating these time 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 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- outer - --
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate neither Contractor nor the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
12. ASSIGNMENT
inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor
may not assign, transfer, delegate, or subcontract any interest herein without prior written consent of the City,
and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be
considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of
the services which are the subject to this Agreement performed by the City personnel or by other Contractor
retained by City.
r ::
13. TERMINATION
This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. In
such event, Contractor shall be entitled to receive, and the City shall pay Contractor compensation for all
services performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all
work product completed as of such date, and in such case such work product shall be property of the
City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the
Recitals of this Agreement.
14. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, State
and local laws and regulations.
15. JURISDICTION — VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and
governed by the laws of the State of California. Both parties further agree that Orange County, California, shall
be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of
this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and
regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies.
Contractor shall notify the City immediately mud in writing of its inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. RESPONSIBILITY FOR DAMAGES
The Contractor shall be responsible for all damages to persons and /or property that occur as a result of
the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting
on their behalf in connection with the performance o£this Agreement.
18, FAILURE TO PERFORM SATISFACTORILY
a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified herein,
the Director, 1) will pay only for the amount of service received as determined by the Director with in
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.
25D -89
Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include
overtime pay as required to complete work.
b. If Contractor performs the work in such a manner that the amount of payment withheld due to
substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals five percent
(5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor
continues to perform the work in such a manner that the amount of payment withheld due to substandard
performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the
total contract price, this Agreement may be terminated at the City's option. In the event of termination for
unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to
changing contractors.
19. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in such a manner as to provide required
maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA.
The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or
harmful acts are observed or reported relative to the performance of the work under this contract.
20. HAZARDOUS CONDITIONS
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its
operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be
immediately reported to the Public Works Agency.
21. ACCESS TO PRIVATE PROPERTY
Prior to the commencement of any work that will restrict access to private property the Contractor shall
notify each affected property owner or responsible person, informing him or her of the nature of and the
approximate duration of the restriction.
22. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as
sprinkler systems, drain pipes, lawns, 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.
23. TRAFFIC CONTROL
The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street
at all times, In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact
the Director for approval.
24. MISCELLANEOUS TRAFFIC DEVICES
Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for
routine and /or extraordinary maintenance pursuant to this Agreement.
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 otber 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
25D -90
Agency — Administration Division.
All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones,
pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory
illumination if in place during hours of darkness.
25. WORT{ BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT
Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its
operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City
to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two
Hundred Dollars ($200.00) for each callout.
26. APPRENTICESHIP STANDARDS
Where required under law, Contractor shall assume full responsibility for compliance with
apprenticeship standards as established by Section 1777.5 of the California State Labor Code.
27. SUBCONTRACTORS
The Contractor shall not, without the written consent of the City:
a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original
proposal.
b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than
the original subcontractor listed in the proposal.
c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2)
of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original
proposal.
28. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and
right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully,
including reasonable costs and. attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body
of this agreement.
25D -91
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID CAVAZOS
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
CITY ATTORNEY
By:
3 andoval
Ch e Assistant City neq --
RECOMMENDED FOR APPROVAL: CALIFORNIA PROFESSIONAL ENGINFERING
FRED MOUSAVIPOUR ! Van Nguyen, President
Executive Director Tax ID#
Public Works Agency
25D -92
EXHIBIT A
SCOPE OF WORK
PART I — SCOPE OF WORK
The North Park Circuit is designated on the attached map. The North Park Circuit has approximately
22,000 LF of wire and 101 poles. Approximately 18 of the poles are double kings with 2 fixtures each.
The North Residential Circuit is designated on the attached map. The North Residential Circuit has
approximately 30,000 LF of wire and 112 poles.
The conduit locations shown on the maps are approximate. It is the Proposer's responsibility to
ascertain the quantities of fixtures, wire, pullboxes etc. All proposed locations shall be shown on the
final plans designed by the Proposer and approved by the Agency.
The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic
control per the Work Area Traffic Control Handbook ( "WATCH ").
This Request for Proposal calls for the removal and replacement of the existing street light cable in
the Floral Park Neighborhood which is bordered by Broadway and Flower Street, between 17th Street
and the Santiago Creek.
This project will require replacing all the cable in the entire system with three new #8 THW wires. The
existing poles are required to be rewired with new #12 THW wire, the existing fixtures removed and
salvaged, replaced with new PowerLux fixtures and globes. The new fixtures may need minor
modifications to fit existing pole configurations. Costs for modification shall be included in the lump
sum proposal amount.
New service pedestals will be furnished and installed by the Proposer. Proposer shall determine the
number of new service points necessary to adequately provide power for the system, using the
minimum number of service points possible and shall coordinate with SCE to determine the new
service points. All SCE engineering costs will be paid by the City. The SCE planner for this project is
Isaac Dominguez 714- 285 -4339
Proposer will locate and intercept existing conduit adjacent to service pedestal and install conduits
and pull box adjacent to pedestal. All costs for conduit work, including hardscape replacement, to
connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and
connected properly in service pedestal. All work, equipment, labor and materials necessary to provide
complete functioning system shall be included in the Proposal pricing. Existing globes shall be
cleaned, salvaged and delivered to the City yard.
The existing streetlight systems were installed in the early 1920's. The exact condition and location
of the underground conduit is unknown although the existing cable was installed 5 years ago. The
City expects the existing cable to be used to pull in the new wire. Pre - lubrication of the conduits may
be necessary. The City does not anticipate that much of the existing conduit will need to be repaired.
Similar projects in the area have encountered less than 15% of conduit needing repair. Proposer shall
2501-93
include 15% conduit repair in the proposal. Costs for conduit repair including materials and labor will
be included in the lump sum costs proposed. The Proposer may need to excavate to access and
disconnect the existing conduit sweeps at the pole foundations to properly pull the new wire. All costs
for excavation, including hardscape replacement and conduit disconnect /reconnect shall be included
in the lump sum price.
Scope of work includes the following:
Install new service pedestals per specifications.
Remove existing cable from conduit.
Intercept existing conduit and install new conduit and pull boxes to connect to new service
points.
• Re -wire system using existing conduit.
• Replace any deteriorated conduit only if it is impossible to pull the new wire through.
• Remove and salvage existing fixtures.
• Rewire poles and install new fuses and fixtures, etc. per City Standard #1126 -F.
Material List:
Fixtures: Powerlux PLEDMR /DV/B19/4000/740/120.277/SA
Wire: THW red, black, green
Conduit: 2" Schedule 80 PVC
Fuses: 240V 10A with holder per City Standard #1126 -F two (2) per pole
• Service Pedestals: Milbank MILCP3B1 11 15A22SP33 120/240V w/ GFI duplex receptacles;
base MILCP16PDMNTCALT
PART II SPECIAL PROVISIONS
I. EXCAVATING AND BACKFILLING
Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfilling" of the
California State Specifications (CSS) and these Special Provisions.
The following paragraph shall be added to Section 86 -2.01:
All excavated material in roadway shall be removed from the site and backfilled with compacted
crushed aggregate base material topped with temporary asphalt concrete on the same working day
as removed. A temporary alternative to backfilling, with permission of the Agency, shall be the
placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such
plating shall not be allowed for more than five (5) working days, after which backfill shall be required.
Slurry backfill: Use of a half -sack cement and sand slurry provided by a commercial ready -mix
concrete vendor may be permitted except in parkway areas. The slurry shall be placed monolithic
from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as
directed by the Agency.
25D -94
II. CONDUIT
Roadway lighting conduit shall conform to the provisions in Section 86 2.05, "Conduit', of CSS and
these Special Provisions.
Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans. Insulated
bonding bushings will be required.
All conduits, excluding SCE service conduits, shall be installed at the depth not less than 36" below
finished grade in pavement areas 24 in sidewalk and parkway areas. Only when conduits are to be
installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where
the in- between distance is too short to meet the 42" depth and the 45- degree sweep requirements,
the conduit may be installed at shallower depth but not less than 18" below finished grade.
After conductors have been installed, the ends of conduits shall be sealed with industry grade sealing
compound.
Replace sidewalk and pavement in -kind to match existing material, color, and pattern, from score
mark to score mark after pull boxes and conduit have been installed. Payment for replacement of
sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for
potholing, trenching, boring etc. shall be included in lump sum price.
III. PULL BOXES
Pull boxes shall conform to the provisions in Section 86 2.06, "Pull Boxes" of CSS, CSP ES -8 and
these Special Provisions.
Notes 4(a) (5) and 4(b) (10) on CSP ES -8 shall not apply.
Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the
Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall
be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight
(BES lite non - concrete, or approved equal). Pull box lids shall be stamped "LIGHTING'. 24" of wiring
shall looped in every pull box. New pull boxes shall not be installed within any curb access ramp.
IV. CONDUCTORS
Conductors shall conform to the provisions in Section 86 2.08, "Conductors" of CSS and these
Special Provisions. Wire shall be THW.
V. WIRING
Wiring shall conform to Section 86 2.09, "Wiring ", of CSS and these Special Provisions.
No. 8 AWG or larger conductors shall be spliced by the
and properly insulated. No splices will be allowed
Compression -type terminals (spade or eyelet) shall
conductors.
2501-95
use of "C" shaped compression connectors
in conduit or in poles above handhole,
not be permitted for termination on solid
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25D-96
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25D -97
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25D -97
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COST /FUNDING ANALYSIS
PROJECT COSTS
California Professional Engineering, Inc.
PROJECT FUNDING
Contract Base Price $ 512,450
Powerlux LED Light Fixtures $ 78,506
Contingency $ 20,000
TOTAL PROJECT COST $ 610,956
CITY FUNDS
FY 13 -14 $408,607
Total City Funds $ 408,607
SOUTHERN CALIFORNIA EDISON
OBF Financing $183,919
Energy Efficiency Incentive $18,430
Total SCE Funding $ 202,349
TOTAL PROJECT FUNDING $ 610,956
EXHIBIT 4
25D -99
25D -100