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HomeMy WebLinkAboutSIEMENS INDUSTRY, INC. - 2018INSURANCE NOT ON FILE WORK MAY NST PROCEED CLERK OF COUNCIL A-2018-095 ,0 [SATE, APR 1 4 3AEBMENT FOR CITYWIDE STREETLIGHT UPGRADE vIA CZE CITY OF SANTA ANA ,a- r, P 55 ., r ✓- Gk0,,e\ AGREEMENT is made and entered into this 3rd clay of April, 2018 by and between Siemens Industry, Inc. Intelligent Traffic Systems ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, ("City"). RECITALS A. On August 2, 2017, the City issued Request for Proposal No. 17-075, by which it sought a Contractor to evaluate models of LED fixtures identified by the City and thereafter famish and install the LED fixtures, as selected by the City, for Citywide Streetlight Upgrades. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RPP 17-075. 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 perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools; equipment, and incidental customary work required to fully and adequately complete the services described in the scope of services that was included in RFP No. 17-075 and as further delineated in Contractor's proposal, which is attached as Exhibit A and incorporated by reference. 2. COMPENSATION a, City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed Two Million One Hundred Sixty -Two Thousand Eight Hundred Dollars ($2,162,800) during the term of this Agreement, including any extension periods exercised under Section 3. This sum is comprised of (1) the base fee of $2,059,360 plus (2) a contingency of $103,440 for services to be performed at the sole discretion of the City. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, 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, Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and terminate on April 2, 2019, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one I -year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure by Contractor to comply with the Prevailing Wage Laws. 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, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data provided under this Agreement. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in anyway in its use of the Documents and Data at anytime, provided that any such use not within the purposes agreed under this Agreement shall be at City's sole risk without any liability for Contractor whatsoever. Page 2 of 8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate, Such insurance shall (a) name the City, its officers, employees, agents, 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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under .this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer; Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section; (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. Page 3 of 8 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 expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. CONTRACTOR'S WARRANTY Contractor warrants that: (i) it will perform the services in a professional and workmanlike manner; and (ii) the labor and materials provided by Contractor are free from defects in material and workmanship for a period of 12 months from initial installation/delivery by Contractor. Additionally, Contractor will assign to the City any manufacturer's warranties associated with any materials. 9. INDEMNIFICATION Contractor agrees to defend, 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 negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of 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 costs for the defense of the City, including fees and costs for legal counsel to be selected by the Contractor and to be approved by the City in writing with such approval not to be unreasonably withheld, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Notwithstanding the foregoing, the Contractor shall only be liable if the City (a) gives the Contractor prompt written notice of any written and official alleged or threatened claims; (b) allows the Contractor on its request to control the defense and/ or settlement of such claim, which in any case shall be subject to city council approval; and (c) provides to the Contractor all reasonable cooperation and information as may be requested by the Contractor. The City shall not take any actions that would be prejudicial to the Contractor's defense and/or settlement of any proceeding and shall not make any admissions which would be prejudicial to the defense and/or settlement of any proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. If third parties or the City have contributed to the damage, Contractor's liability is restricted to the allocable share of its negligence. Page 4 of 8 10. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. 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 of services specified under 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. Page 5 of 8 15. 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 terns and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. 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 ofsuch 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(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as agreed under this Agreement. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19. JUTRISDICTION - 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 Page 6 of 8 and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-5635 Page 7 of 8 To CONTRACTOR: Siemens Industry, Inc. Intelligent Traffic Systems 9225 Bee Cave Road, Building B, Suite 101 Austin, TX 78733 Attn: John Billings A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: CITY OF SANTA ANA Marra D. Huizar Raul Godtnez 11 Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Gal ez, P.E. Acting Executive Director Public Works Agency CONTRACTOR Siemens Intelligent Traffic Systems By: Marcus Title: CEO Page 8 of 8 SIEMENS fr ,.arfY� 1 -------------------- Tyrone Chesanek Program Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Chesanek, Marcus Welz CEO, Siemens ITS m a rc u s. w e l z @siemens, corn 9225 Bee Cave Rd Building B, Ste 101 Austin, TX 78733 RE: RFP 17-04 Rajarshl Ghosh CFO, Siemens ITS raiarshi.ghoshftemems,com (512) 837-8300 — office (512) 421.6617 — fax August 18, 2017 Thank you for the opportunity to participate in the bid proposal process with the City of Santa Ana. We appreciate the chance to earn your business and hope to enjoy a long working relationship. Siemens is a leader in the streetllght acquisition, LED conversion and system -wide maintenance services in the Southern California Edison territory. Siemens is the only contactor who has supported a community all the way through the process and provides the best experience for the City of Santa Ana. We believe that this experience, coupled with our ability to partner with leading manufacturers to install the newest and most efficient technology, makes Siemens an excellent partner forthis project. The persons who are authorized to negotiate and sign the final contract for Siemens shall be: Marcus Walz — CEO, ITS Rajarshl Ghosh — CFO, ITS The primary contact person for this proposal shall be: Alex Valenti Account Manager Phone: 415.246-7257 alex.valenti@siemens.com We appreciate the ability to compete for your business and are confident that Siemens and our ITS Team can successfully execute a streetlight retrofit for your community that will exceed your expectations. We look forward to hearing from you in the future. Sincerely, iJ)W__ Marcus Welz CEO, ITS Rajarshl Ghosh CFO, ITS SIEMENS E"4w,*f.AM U& Contents Statement of Qualifications ...................................... Contract Agreement Statement ............................ Firm and Team Experience .................................. About Siemens ................................................. KeyStaff........................................................... Team Qualifications........... Organizational Chart ............................................ Understanding of Need ......... Installation............................................................ Project Schedule .................................................. Relevant Project Experience ................................ References ............................ Scope of Services and Schedule ............................. Fee Proposal........................................................... Certifications............................................................ Appendix A - Resumes ............................................ .................................................................1 ...............................................................1 ...........................................................................1 ...........................................................................1 ...........................................................................1 ...........................................................................2 ...........................................................................4 ..........................................................................5 ...........................................................................8 ............................................ g ...............................................................10 .......I......................... ..... I ................... .... ...... 11 ........................................................................13 .............................. 0.. ,......................................15 .................................................................15 .................................................................16 SIEMENS Statement of Qualifications Limited to 10 double sided pages Contract Agreement Statement Siemens Industry, Inc, Intelligent Traffic Systems acknowledges the provisions as contained Attachment 2 — Standard Agreement attached within RFP No. 17-075, Citywide Street Light Upgrade. Presently, there are concerns with the Agreement; we reserve the right to negotiate final terms after notice of intent to award. Firm and Team Experience About Siemens With business experience spanning three centuries (1847-2017), Siemens has been at the forefront of electrical technology since its inception. Siemens is a global powerhouse focusing on the areas of electrification, automation and digitalization. One of the world's largest producers of energy-efficient, resource -saving technologies, Siemens is a leading supplier of systems for power generation and transmission as well as medical diagnosis. In infrastructure and industry solutions the company plays a pioneering role. In 1881, a Siemens AC Alternator, driven by a watermill, was used to power the world's first electric street lighting, introducing to the world a new way to make nighttime streets safer and useful. Since then, Siemens has expanded its markets to include vehicles for rail traffic, road traffic control and information systems, turnkey mobility systems, and integrated mobility solutions; these are a few of our areas of expertise. Siemens has approximately 348,000 employees in more than 200 countries, and revenues of $86 billion. Siemens Office Locations Siemens ITS is headquartered in Austin, Texas with regional Southern California offices In neighboring Orange, Riverside and EI Cajon. The regional team consists of over eighty field and office staff. Siemens has the Experience Siemens' ability to undertake this project is evidenced by our team's depth of experience to successfully complete several large LED streetlight retrofits over the past ten years. In sum, we have retrofitted over 165,000 fixtures with LED technology. Siemens is a leader in the streetlight acquisition, LED conversion and system -wide maintenance services in the Southern California Edison territory. Siemens is the only contactor who has supported a community all the way through the process and provides the best experience for the City of Santa Ana. With active projects in Huntington Beach and Rialto, Siemens staff are experts with the SCE process and LED streetlighting services. In addition, Siemens has recently been selected as the contractor for the Western Riverside Council of Governments streetlight program which will entrust Siemens to provide streetlight conversion and maintenance services for over 11 communities and nearly 50,000 streetlights in Riverside County. Key Staff Our key team members for this project are all highly experienced professionals, with a great deal of street light conversion experience. They know the ins and outs of such projects, and will use this knowledge to best manage and execute this conversion. Drawing on their combined knowledge, and collaborating on a regular basis, the team will work hand-in-hand with the City to provide professional, top-notch level of service, satisfaction, and quality. The and result will be a true energy saving conversion for the City. The table below is a listing of these personnel, their role, and how much time will be devoted to successfully completing this project. Page 11 SIEMENS Team Member Location Role Time Devoted to Project Alex Valent) Account Manager/Principal Orange, CA Contract development and 10-15% Agent customer liaison Bryan Berlin Orange, CA Construction coordination 25-35% Pro ect Manager and billing Richard O'Hearn' Boston, MA Lighting design and utility 1 go/n Senior Energy Engineer liaison Steve Teal Riverside, Overall responsibility for Director of Services CA Customer Services 20% Michael Hutchens Riverside, Management of project staff Area 0 erations Manager I CA and crews 20% Team Qualifications Alex Valenti - Account Manager. Alex joined Siemens in 2014, and has over ti years in the energy efficiency field, developing energy efficiency lighting standards and assisting City's in developing street light projects throughout California. Alex represents Siemens in the California Street Lights Association group which Is the major advocacy group for municipalities in California. Alex is assisting many communities in Southern California to purchase utility owned street lights and develop turnkey LED conversions. Alex will be the primary contact for all elements of the street light project for the City. The responsibilities of the Account Manager include coordination of the project team, confirming project requirements, monitoring milestones and providing open communication with the customer. The Account Manager will address legal issues Including all contract -related documents, assist in the transition from one phase of the project to the next, maintain time schedules, and ensure that all documentation is in order, Bryan Berlin - Senior Project Manager. Mr. Berlin has over 10 years of project management experience within the street lighting and ITS industries. In his current role, he manages all phases of project implementation including the creation of the project plan and design, schedule and budget, procurement, supervision of Siemens ITS field personnel and project administrative staff, oversight of any project partners/vendors, and stakeholder communications. Mr. Berlin is a certified Project Management Professional (PMP) through the Project Management Institute (PMI) and adheres strictly to their project management principles with a primary focus on the triple constraints of scope -schedule - cost and achieving customer/stakeholder goals. Mr. Berlin has been Involved in many streetlight retrofit and design projects during his time at Siemens. Bryan will be responsible for maintaining the project budget, resources, and managing material purchasing. In addition, Bryan will provide project management support to the project team. This will include the supervision of Siemens field personnel and any partners participating in the project (e.g., subcontractors, materials suppliers, recycling vendor, etc). He will be responsible for the overall coordination of the project including staffing, material and labor procurement, scheduling and execution of the project. The goal of our Project Managers is to complete the project on schedule with minimal disruption to the client's facilities while ensuring client expectations are met. Richard O'Hearn Jr., CEM, Sr. Energy Engineer— Mr. O'Hearn has been in the street lighting field for nearly a decade, as a Roadway Lighting Engineer, Project Manager, and Energy Engineer. Mr. O'Hearn serves as one of Siemens' technical resources for the roadway lighting design and energy analyses that are required for streetlight retrofits, tasks associated with billing adjustment requests, and Page 12 SIEMENS utility rebate applications. He also completes technical assessments of the various vendor options on the customer's behalf to provide objective analyses to inform the customer concerning tradeoffs between the upfront fixture cost and efficiency. Michael Hutchens - Area Operation Manager. Mr. Hutchens has over 21 years of extensive experience in both the technical and construction -related aspects of the traffic signal and streetlight maintenance industry, He has served In many different capacities with increasing responsibility as he has shown himself thorough, professional and competent through the years from field laborer to foreman, field supervisor, technical support for US Traffic Corporation, and estimating, operations management, project management, and service account management. Mr, Hutchens will provide the following functions: ➢ Management and scheduling of installation crews ➢ Coordinating installation with project manager and project plan A Ensures EH&S standards are met Steve Teal - Director of Services. Mr. Teal has 18 years of experience in traffic signal and street light installation and maintenance, As the current Head of the Customer Service (CS) business nationwide, he is responsible for 80 office employees, management of 70 field employees and over 120 municipal traffic signal and street lighting maintenance contracts. His accreditations include: • IMSA Work Zone Safety Certified • IMSA Level I, II, III Certified Traffic Signal Technician • IMSA Associate Member As Director of Services, Steve would be the point of escalation if any issues arise from the installations team. Siemens Is well acquainted with the City of Santa Ana, and has performed several projects in the past. The staff for this project is very familiar with the area, as well as the City staff. We have performed work for the City which includes streetlight retrofits and traffic signal installation. We are pleased to have this opportunity to work with the City again. Resumes for the key staff may be found in Appendix A - Resumes. On organizational chart for this project follows this page, Page Ia SIEMENS It- "ify4.-urs Organizational Chart Alex Val entl Account Manager — — 'rincipal Agent Steve Teal _ Bryan Berlin Richard O'Hearn "Oct, of Services, I Project Manager. Senior Energy Engineer Mike Hutchens Area,Operation, A Managet Field Supervisor Installation Installation Installation Installation Technician Technician Technician, i Technician; Page 14 SIEMENS fF+netnNr(f ��� A Understanding of Need Experience Richard ©'Hearn, Senior Energy Engineer, has extensive experience in fixture selection, and will be performing the analysis and evaluation for the City. He is well acquainted with California and SCE. His most recent experience is with the City of Huntington Beach, where he performed the initial design and analysis, helping the City to choose the most efficient fixtures possible, as well as provided lumen and output analysis. He was also instrumental in the cut -over process, and worked closely with Huntington Beach to ensure they received the best rates possible from SCE. The following Information, written by him, is a direct example of his knowledge in the field. Data Driven Siemens' first step is obtaining any recent data of the existing lit environment as possible; more appropriately data that has Geographical Information System (GIS) attributes. This includes both fixture inventory and local community data & information. Inventory data is what Siemens uses for any street light project that is — at its core — a one-for-one energy conservation measure under the assumption that the customer is generally satisfied with the existing lit environment. Incident data — both vehicular and crime — is Incorporated into the project in an attempt to help the customer improve their existing lit environment. Inventory & Applications There exists two elements to the existing fixture inventory from SCE — which is the billing Inventory — and what Is actually out in the streets today — known as the field inventory. These need to both be considered when applying methodologies aimed at the economic and quality -of -light objectives of the City of Santa Ana. While the majority of the data between these two sets will prove to be equal, Siemens' experience has shown that there is going to be variances. The billing inventory is what will be used by Siemens to confirm the economic benefits of a street light conversion project. In some instances, utility customers in California are eligible to receive up to three years' worth of incorrect billing charges, where differences occur, Siemens can help facilitate the discussions around these reconciliations, between the customer and SCE, and as the customer's liaison. The field Inventory however, will be used to determine the baseline lighting condition and inform the selection of the appropriate LED equivalent fixture. Siemens' design philosophy is to assist our customers in determining the appropriate balance between lighting levels and energy savings, based on available field data. This is a collaborative process between Siemens and key stakeholders, which utilizes relevant design guidelines as reference such as the Illuminating Engineering Society of North America (IESNA) RP -8 guidelines. The community's goals and site-speoific variations are taken into account, such as school areas, crosswalks, or public safety/crime issues, In order to minimize the Impact felt by residents of the City after a change of light source, the equivalent LED lumen output should start with on the perceived lumen methods, created by the Lawrence Berkley National Laboratory in July 9995. This approach includes the consideration of the quality of light produced from all light sources -- existing and LED — in an attempt to provide a lit environment that is as close to the existing one, or in many instances improved when the application allows for it. Areas where a statistically significant amount of vehicle/vehicle or vehicle/pedestrian/cyclist incidents occur, Siemens will review with the customer and in comparison to the best practices found in the applicable IESNA library, While the nighttime lit environment may not hold the fault for these incidents, reviewing the existing light levels and proposed solutions can help improve the conditions. Using available GIS data, Siemens will review the existing lighting inventory in map -form to locate any "odd ball" wattages that may have come about over the decades of the existing system being in place. ' Reengineering of Lighting Photometry, SX. Berman, LBNL-42327-L-213 Page 16 SIEMENS Examples of this may be a residential neighborhood lit by all 70HPS cobra heads, with a single 150W found along the same road, in the same application. In short, Siemens looks at that data and asks; does this make sense? Our records of these system Improvements have shown to help our customers achieve an additional 1-2% in energy and related cost savings. Some may consider this insignificant, but our experience has shown this to be a value -add step from which our customers such as Huntington Beach and Rialto continue to gain rewards. Siemens will provide various options and the financial considerations associated with each to aid in the decision making process, The end product should be relatively uniform lighting levels based on street classification and pedestrian activity. Technologies & Comparisons Siemens, at its heart, is a technology company. However, Siemens is not a street light manufacturer, nor are we exclusively tied to any one vendor in the market. This allows us to hold a "vendor neutral" stance, end evaluate the customers options from an impartial perspective, converting Industry data into customer based Information. Siemens looks at the quantitative and qualitative benefits of each considered vendor, to use with the customer in determining the best solution for them. Throughout our years of experience, Siemens has developed a scoring methodology that puts multiple vendors into the same basket, in an attempt to generate a true apples -to -apples comparison. A primary scoring mechanism is the total cost of ownership (TCO) to the customer for every solution. This is particularly important in areas 11ke Santa Ana, where utilities have a bracketed — or "tiered" — billing rate, which is not based on the actual wattage of each fixture type. Because there are no standardized wattages for LED light sources, utility companies like Southern California Edison (SCE) base the billing wattage of each fixture type, on a 5 - Watt midpoint bracket system. This means that fixtures with LED wattages of 15-20W, will be billed as 17.5W, or fixture types with an LED wattage ranging from 50-55, will be billed as 52.5W. These bracketed systems are a main consideration for Siemens when identifying a vendor solution, and comparing it to others. Attachment 5 of the RFP lists (5) of the leading LED street light manufacturers in the US market. Of these six manufacturers, five of them have gone through at least one LED chip upgrade in their product offerings. Siemens had recognized this and provided a more current package together for each of these, while still considering the older fixtures that are still available, and comparing the two. Siemens is familiar with both the quantitative and the qualitative benefits of a manufacturers' LED street lighting system. Cost, lumen output, and energy savings are certainly a main focus for Siemens in our vendor scoring methods; however, they are not the only topics considered. Items included but not limited to are: • Lumen output • Rated Lifetime • Energy efficiency • Luminaire & Component Warranties • Available Correlated Color Temperatures (CCT) • Available distribution patterns • Ease of installation and maintenance Being a self performing ESCO, and maintenance contractor with over 300 maintenance contracts, we gravitate toward lighting fixtures that are well-designed and provide the longest proven maintenance - Page 16 SIEMENS free service. We have extensive experience in assisting in the selection of appropriate fixtures, light level studies, and helping our customers promote the financial and environmental benefits of the Initiative. Our objective is to provide both vendor neutral and objective information to the City, enabling Informed decisions at each project phase. Our final manufacturer evaluation results are reviewed with the customer, in many instances with a sample from each, to narrow the options down to two or three top vendors, who are then asked to provide samples for pilot installations, where the customer, Siemens, and members of the community can take part in a review of the lighting technologies proposed, The Siemens product evaluation and scoring methodologies, for example, helped the City of Huntington Beach save $260,000 - <$1,00,000 over the course of 10 years In total ownership costs. Based on the Information to date, Siemens has already started our evaluation process for the City of Santa Ana, to help narrow down the right vendors for the customers' needs. Beginning with the vendors and catalog numbers provided, Siemens first asked each one to produce pricing for the RFP specified luminaires, as well as an alternate to reflect changes in their product lines, Then Siemens did a deep dive into the fixture specifications and DLC QPL data, to evaluate and score each package. There are currently (6) vendors listed. All except (1) have identifiable changes to product performance. Siemens has used these product changes to produce alternate packages for each vendor, By taking into consideration the criteria listed above, the following scores have been calculated; Aculty(S ec'd) Vendor'A Eaton 5 ec'd vendor. -TO Acuity (Improved) Vendor: A -Alt Lootek (S ec'd) Vendor., E Cree (S ec'd) Vendor: B Leotek (Improved) Vendor.,, E -Alt Gree (Improved) Vendor. B -Alt _Fl*s S ec'd) Vendor: F GE (Speed) Vendor: C Philips (improved) Vendor F -Alt GEE (Improved) Vendor. C -Alf For decorative style luminaires, Siemens prefers to use new fixtures over retrofit kits when converting from HPS or MH to LED. However, in some instances using an Original Equipment Manufacturer (OEM) retrofit kit that has been designed for the existing fixture does make sense, Typically this is done only in the decorative styles, which usually account for 6% or less of the entire project scope. The Siemens technology evaluation processes are extended throughout all types of technologies that can be installed on a street light or street light pole, including smart city technologies: street light management systems, smart parking, asset management, communications & digital signage, and more. Siemens will continually provide smart city technology insight to the City of Santa Ana, assuring that additional cost savings or even revenue generating opportunities are not overlooked and considered during the course of the project. Page 17 SIEMENS Procurement As previously mentioned, Siemens Is a vendor neutral company when it comes to fixture selection and procurement. Because of this, we have developed a strong manufacturer sourcing base, which has given us strong buying power. Siemens has experience with many vendors and can negotiate prices based on our experience. The table below shows some of our recent experience procuring and installing materials from a diverse field of manufacturers, City Manufacturer Santa Monica & San Mateo, CA Cree Huntington Beach & Fresno CA Leotek Rialto, CA GE Sacramento CA ECI Knoxville, TN Acuity Installation Implementation Development Siemens will examine and confirm each staffing plan with the City before work begins. Siemens will have a dedicated field supervisor, project manager, commercial project manager, project coordinator, and warehouse staff to support the project. Siemens staff will use Microsoft Project to track the overall progress of the project and to create overview progress reports, as well as mobile technology that will track progress in real time through the use of tablets in the field. Installation progress will be tracked on a daily basis by the project's Field Supervisor and Project Manager, and a brief status report that Includes project status and any current Issues will be provided to the City on a weekly basis, Project team meetings will be held on a regular basis as determined by the City and Siemens. These meetings will includes the Slemens' project management staff, Siemens' fleld supervisor, and City staff. in addition to progress reports, these meetings will ensure that the project is on schedule, any issues are being addressed, the work is being done safely and to the satisfaction of all stakeholders. Quality control will be a top priority during the Implementation phase of the project. The Siemens project manager and field supervisor will routinely visit the field to perform quality control and Identify opportunities for improvement. Siemens staff will routinely perform Internal project audits and reviews to ensure the project is being executed correctly and efficiently. In addition, Siemens project management and supervisory staff will communicate on a regular basis with City staff and City existing street light maintenance contractor in relation to any issues found in the field that require attention. With agreement from the City, Siemens will provide monthly summaries of completed zones for the City's provisional acceptance, This will allow any issues that may arise to be addressed on an on-going basis rather than at the end of the project, In conjunction with this, on a monthly basis, the Siemens energy engineer will use information gathered in the monthly summaries to energy rates are accurately adjusted In accordance with the project's progress. Siemens will coordinate with the utilities to ensure that any inspections are scheduled well in advance, as to not Impact the project schedule or unnecessarily delay any funding. Following the completion of the conversion, Siemens will self -audit the project, and then work with the City on final project Inspection and acceptance, at which time any punchlist items will be addressed, and the warranty period will begin. Page 18 SIEMENS Removal and Disposal Siemens will be responsible for the removal and disposal of existing luminalre heads and any other discarded materials as part of the California Recycle and Disposal Laws. Any hazardous materials including universal waste will be discarded according to the provisions set forth in California law. All materials removed that are able to be recycled will be recycled appropriately. During the removal phase, all necessary and appropriate temporary traffic control measures will be compliant with the California Manuel of Uniform Traffic Control Devices and or the Work Area Traffic Control Handbook (WATCH). Customer Acceptance/Project Commissioning Commissioning for outdoor lighting Involves 1) a nighttime drive-by of streets with City representative(s), 2) submittals for billing adjustments, and 3) confirmation upon receipt of the next month's bill(s) that billing adjustments are accurate. We have found that one of the most Important phases of any project is to visually confirm the post -project environment with the customer. We will conduct a nighttime "drive-by" with City officials to ensure that lighting levels are satisfactory. Common adjustments include: fixture shielding or rotating/tilting, lumen output adjustment, recommended tree trimming by City staff or their contractor, removal of closely spaced lights, or the addition of light(s) where fixture spacing is much greater than typical, resulting in unacceptable lighting levels. Once the project Is complete, the application form described previously is signed, Indicating the work is complete and the final Inventory file is submitted along with copies of all invoices. The final inventory file becomes the basis of the billing adjustments. Adjusting the billing frequently takes approximately 2 billing cycles on the utility side. During project close-out, we will request bill track and ensure the adjustments are correctly made. Project Schedule copies from the City to Siemens understand the City wants to maximize the energy savings with this project. Siemens will work closely with the City to develop a final project plan to ensure savings are realized as soon as possible, our project schedule and the number of electricians we can source from our in-house staff for the Installation work gives us the unique ability to expedite the completion of the project as quickly as possible, maximizing the City's energy and cost savings. Milestones Siemens will utilize a milestone based approach in tracking the progress of this project, along with other key performance indicators that will represent actual progress on the project, and will demonstrate that the project is staying on track. A preliminary schedule showing staffing, product procurement lead time, and proposed monthly minimum installation quotas may be found in Scope of Services and Schedule section below. Page 19 SIEMENS Relevant Project Experience The following list of projects has been completed n the last five years. Siemens considers contact Information as privileged, and generally does not release it without approval from the customer. Projects with customer contact are provided In the following section. Customer No of Fixtures Year Complete Project Description Benicia, CA County of Marin CA 215 1,670 2012 2012 Installation of LED streetli Installation of LED streetli ht fixtures ht fixtures Larkspur, CA 146 1 2012 Installation of LED streetlight fixtures Manteca, CA 2,900 2012 Installation of LED streetlight fixtures Novato, CA 2,104 2012 Installation of LED streetlight fixtures Ontario CA 290 2012 Installation of LED streetlight fixtures Lexington, MA 2,381 2012 Installation of LED streetlight fixtures Watertown, MA —......11269 2012 Installation of LED streetlight fixtures Arlington, MA 3,169 2013 Installation of LED streetlight fixtures Chelsea LED MA J 1,639 2013 Installation of LED streetli ht fixtures Dartmouth MA 1,589 2013 Installation of LED streetlight fixtures Fairhaven MA 468 2013 Installation of LED streetlight fixtures Natick, MA 2,385 2013 Installation of LED streetlight fixtures Woburn, MA 1 1,931 2013 Installation of LED streetlight fixtures Medway, MA 1 233 i 2014 Installation of LED streetlight fixtures Cape Light Compact, MA 16,089 2015 Installation of LED streetlight fixtures Hamilton, MA 588 2015 Installation of LED streetli ht fixtures New Bedford, MA 9,504 2015 Installation of LED streetlight fixtures Wenham, MA 414 2015 Installation of LED streetlight fixtures Winthrop,MA 1,218 2015 Installation of LED streetlight fixtures Manchester, NH 9,000 2015 Installation of LED strsetli ht fixtures San Mateo, CA 3,898 2016 Installation of LED streetlight fixtures Gloucester MA 2,855 2016 Installation of LED streetlight fixtures Melrose MA 3,138 2016 Installation of LED streetlight fixtures Salem, MA 3,430 1 2016 Installation of LED streetllghtfixtures Derrv, NH 924 2016 Installation of LED streetli ht fixtures Cheshire, CT 1,765 2016 Installation of LED streetlight fixtures Providence, RI 16,780 2016 Labor for installation of LED Streetlight fixtures Nashua NH 5 500 2017 Installation of LED streetli ht fixtures Northampton, MA 2,196 2017 Installation of LED streetlight fixtures Bristol/Barrington, RI 3,700 2017 Installation of LED streetlight fixtures and controls Swam scott MA 1 373 2017 Installation of LED streetli ht fixtures Medway, MA 347 2017 installation of LED streetlight fixtures PRISM Phase 2, RI 6,357 2017 Installation of LED streetlight fixtures Quincy, MA 6,800 i 2017 Installation of LED streetlight fixtures San Mateo, CA 1,050 2016 Installation of LED streetli ht fixtures Santa Monica CA 1,300 2016 Installation of LED streetlight fixtures Sacramento County, CA 350 2016 Installation of LED streetlight fixtures College Station, TX 5-,0-45- 2017 Installation of LED streetlight fixtures Fresno, CA 887 2017 Installation of LED streetlight fixtures Madison, CT 613 2017 Installation of LED streetlight fixtures Laconia NH 1 1,358 2017 Installation of LED streetli ht fixtures Page 110 SIEMENS I Q°„^. foeu fo References The following references are provided to the City for contact. Please feel free to call any or all of the clients listed. .r Client Name Cit of Huntington Beach Client Location Huntin ton Beach, CA Start date Nov 2013 - present Completion, Date Sept 2017 Contact Name Bob Stachelski Contact e-mail bstachels s rf-cit -hb.or Contact phone, 714-538-5523 Phase 1 Street light acquisition consulting and energy efficiency project implementation. Budget of $1,8 Million, Scope of work includes: Project description • street light acquisition and retrofit feasibility analysis and program design Project description • construction of new street light circuits and street light poles and fixtures along Clive Avenue, Walnut Avenue and 10th Siemens Role Street and • the installation of 284 LED street lights in the Shorebreak parking garage • Prime contractor with assistance from the following subcontractors- Northwest Edison and Horizon Under round Prime contractor providing design, installation, procurement, and Siemens Role project management. • Currently,im plementino LED conversion phase Page 111 Client Name —City of Rialto Client Location Rialto, CA Start date Nov 2014 Completion Date Sept 2017 Contact Name Amy Crow Contact e-mail cro r' Roca, ov Contact phone 909-421-7221 Street light acquisition consulting and energy efficiency project implementation. Budget of $1.5 Million. Scope of work includes: • street light acquisition and retrofit feasibility analysis and Project description program design, • system wide GIS field audit and • LED conversion of 3,800 cobrahead and decorative street lights Siemens Role Prime contractor providing design, installation, procurement, and project management. Page 111 SIEMENS Client Name City of Santa Monica Client Location Santa Monica CA Start date 1/20/2017 Completion Date 3/17/2017 Contact Name Lee Swain, P.E. Contact e-mail lee swainasm�t Contact phone 310.458-8721 Project description Turn -key project to replace 1,271 luminaires with LED. Siemens Role Prime contractor providing installation, procurement, and project management. Client Name Client Name City of San Mateo, Phase I and II Client Location San Mateo, CA Start date 5/1/2016 Completion Date 3/17/2017 Contact Name Jay Yu Contact e-mail u ct o sanMateo,or Contact phone 650-522-7320 Project description Two phased turn -key project which required the conversion of 3,898 cobrahead fixtures and the conversion of 1,038 decorative fixtures. Siemens Role Prime contractor providing installation, procurement, and project management. Client Name City of College Station Client Location College Station TX Start date 3/15/2017 Completion Date 7/17/2017 Contact Name Heather Pavelka Contact e-mail h avelka cstx. ov Contact phone 979-764-3437 Project description Turn -key project to replace 5,268 luminaires with LED, and update hardware/software of streetlight controls. Siemens Role Prime contractor providing installation, procurement, and project mana ement. Page 112 SIEMENS Scope of Services and Schedule Siemens will provide, at minimum, the following services to the City of Santa Ana. A preliminary project schedule which details the work phases to be completed, the tasks to be accomplished, and the deliverables to be provided follows this page. Siemens will provide the following services: Option 1- LED Fixture Evaluation a. Detailed review of streetlight system and available attribute and GIS information b. Establish baseline streetilght system c. Define project goals with City staff d. Develop final criterion and process for LED fixture evaluation e. Develop typical streetlight configurations for arterial, collector and local streets, along with any other unique areas of City concern f. Perform photometric analysis of all fixture types at typical locations in AGI32 g. Create financial models outlining the cost -benefits of each manufacturer scenario h. Provide City with final analysis and recommendation for selection 2. Option 2- Furnish LED fixtures a. Provide procurement support for the negotiation and purchase of associated streetlight materials b. Provide material logistics and warehousing of all material 3. Option 3- Install LED fixtures a. Assist the City during the asset transition period from SCE ownership to City ownership b. Provide labor and equipment for the installation of approximately 7,800 LED fixtures c. Provide safe handling and recycling of all existing streetlight system materials d. Efficiently install materials optimizing the schedule and maximizing energy savings e. Assistthe City in providing documentation supporting applicable SCE rebates Page 113 1— Fln—nI ..W- ....... VIII W.). !Wlk ­TL_ ........ nwn, nrl wrlfyMyiexg iagi II Q� �,.I rkfnaNi ld... pui ft.&no sir. P. IIII el Rim, nj.� My, im.vi;wW lu eeVlp6ubeeNNer v nirnl vevaproi Owl, ng II110.1 F w, 1, I III Wll In n', n, 11 In bl� nn.,v nI �Ill­ In. wl, ld:" I", iµ NN rNd31n,q�IIIAl UQV. rn dam' lll�,Innl "I'll .Ov. n,,,P A,(4k�r, prov. le Rnnln. n"Al �dl Invaffri6tina ... 4u,I — Inn, It SIEMENS Fee Proposal The Fee Proposal is contained In a separate sealed envelope labeled "Pee Proposal' as requested in the RFP document. Certifications The following signed forms follow this page: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification Pagai15 Document A314TM -2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (Name, legal gimes and address) Siemens Industry Inc, 9220 Bee Cave Road, Building 0, Suite 101 Austin, TX 78733 OWNER: (Name, legal sramt and address) ally of Santa Ane 20 Civic Center Plaza Santa Ana, CA 92701 Bond Number: 70434433•LIO.17.30 SURETY: (Name legal ,status and prim-lpal plare g(business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02118 Stale of Inc: Massachusetts BOND AMOUNT: Five Percent ofAmount Sid (S°%) This document has Important legal consequences, Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular tolerance to Contractor, Surely, Owner or other party shall be considered plural where applicable. PROJECT: (Name, loemian or address, and Projectnumben ifany) CIIyWIde Street Light Upgrade Lighting design, fixture piloting, procurement services and Installation of 7800 cobra head fixture$ RFP 0.078 The Contractor and Surety are bound to the Owner in the amount not forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein, The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the tittle specified In the bid documents, or within such time period us may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and g'Ivas such hand or bonds as may be specified in the bidding or Contract Documents, with a surely admitted In the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of laborand material furnished In ilia prdsecution thereof; or (2) pays to the Owner the dlffcrence, not to excited the amount of this Bond, between the amount apeclfled In said bid and such larger amount for which the Owner may in good faith contract with another party to peribrm the work covered by sold bid, then this obligation shall be null and void. otherwise to remain in full force and effact: The Surely hereby waives any notice of an agreement between the Owner and Contractor to extend ilia time in which the Owner may accept the bid, Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is Issued In connection with it subcontractor's bid to it Contractor, the term Contractor In this Bondshall be deemed to he Suhcontmclor and the term Ownerehall be deemed to be Conrmctnr- When this Bond lids been rumishod to comply with a statutory or other legal requiremcntio the location of the Project, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall he deemed Incorporated herein. When Ilia rurnished, the intent is Ihni this Bond shall be construed as a statutory bond and not as a common law bond, Signed and sealed this 21st day or August , 2017 {Wltrrass RBsS DebrnC,'Sc neider Siemens Induslry Inc, } ACKNOWLEDGMENT BY SURETY S1rjvr s OF Missouri City or 8 t Louis Oil this ----21 at--dxy of August 2017 , before me personally' appeared Brittany D. ClaVin kaort1i to me to be die Allonicy=411-B;Ict of Liberty Mutual Insurance Company , the cniponitiou that executed d1e whiliu iustrumcub tuu) acknoa,ledtiod to nlc that such corporation oxacutcd die same. IN 1• I 'NLSS 1VIll'"HrOF, I have hereunto set Illy hand and 11111,xed lily Official Seal, ;It tlry office ill die aforesaafd County, the dity turd year fu Ibis certiliou first ;above wriueu. My Commission Lxpires: 01/18j2021 (Scal) Notary Pub c, tJoI p�Seat SSto�e of Mlssourrl Cammisalols # j 24tS0t n My Camml®elan Ex �ras Januar 19, 2021 8.9239/t2EEP 2108 SmIdnl L.1-hun Notary Public fu lie State of Missouri County of St. Louis Coniniksion ft 12,150177 THIS POWER OF ATTORNEY IS NOT VA y TSD bN RED BACKGROUND: ThlLID DNLESS IT i8 PRINTED have no sulhodtytd bind the Company except In the Rossini and to the extant herein slated . .. ., .. ;' Cenitaate No. 7709733, all ldeara G a owaro oma mathe oap oft se nameherein,end h Liberty Mutual Insurance Company The chip qa„su y e Company; WeAIARledaen Insurenaa Company; POWER OF ATTOFZNEY. `KNOWN ALL PERSONS 9y, THESE PRE8ENT3 That Tha Ohio Casualty Insurance Onlnpany Is a corporation duly organized under the Tawe of the Slate of New Hampshire, Ihdf Liberty mutual insurance company Is e; coiporaliop duly orgenlzod under !he laws of the Stela or Massacltamfls, and Weal Amerldan Inaarence CamPeny Is'a corporation duly', �y""�'`-4p . IIamh• nem�e aanelllNle ends aril;' CY4 vt Jones Pameim A PP cd under the iawa al the Stale 611ndle,na herein - 100lvel eahed Ihe'Com an ed irsuanl to and d authority heroin set iorlh, does v COhnren;DebraC Sctinelder,Heldl othelaen.' r nk' r R61dsr KElaav the°' have been duly 'kind by the pmeldenl and attested by the'seaeWryulthp Campanfes 16 their.awn proper pafsaI :" be as ng spin the Companies as ifthey IhevaWNESS WHEREOFr t . -` .: - . hia Pawar ntAttumey bah Dean satisadbed by an ofgoeror al l of Ute Companies and Ing ouTrate seals of the 06MOMloo have been ilii& Ihis�@Qlirr,,,_,day,'of March P - •r �7Y IN 14 ... p The Ohio Casualty Insatiate Company and I raiz tgsl llberlyMutuailnsurance0ompahy m m r West jarldo Ineuranne Cam, pany f • * ° 13 a 'TATE 60 ss David M0am,Aselsbm1socrola s COUNTYPPMONTGOMERY A On this, dayol Mamh ,; 2al7, belare me personalty appeared Cevid M Corey, who aaknowlsdged himself to be the Asslstanl Secretary of Libody Mutual lnaumiii. u Campely; The Ohiu Casually Company, add West Amedcea Insurance Comp®og end that ha, as stab bang oulhad;ed 96 to do, execute Iha"laregofng Instrument for Iha purpdsas 6 iheralnconiatnedh sipoing nbehalfaf the corporations by himsetlat edgily authartzed a Ices' y 0 ` IN WITNESS WHEREOF I hove hereuntosubacdbed my doing and amxed my naledei Deal etaing of Russia Penneylvanla on Ihe'dey end yearfirst abdvewnitan i _ �p'PAar et oNWEA4Trl pn PeNN3YWANIA i „kk rr�r� NnIaNal sail /j,ai��) j./'e/•,.,' TcmnanaMef, MWOry.9c 0y �raffo r" ;F'wvecY - UpperMeN910p',ManlgomoryCaunly� -Teresa Paste a, Notary PU61m a � MY Comm,ealoa Eynhes Milch ae, 2ox1 •MesiOer Pen,uylvanla Nsndolbnal NOlBNea This Paver of Axamey Ie made and oxdculed puraIu pend by suthorlly of, the knowing Bylaws and Aulh'odzallons al Tha Ohio Caauallylnsuranca Colnpsoy: llbedy Muldaj, t Inaurenoo Oompany and Wesl Ameilcgn Ipaurenan Cnmpeny whMh resatudansare nary In lull_tayie and agacl reading ae Mllows; --` ; the gbllgel[ane , AuthmNallon+sy unanimous consent of Ale Company's Silt ai0lracl CoMpeoy, whereverappearlog upon a 6ediQed copy of anypowar,pleiioi the some torceandelfect as, Ihoughmanuallyahixed r I Renee A� lfewellyn' Iha undersigned, Assistant a, by ceNF/ That Iha arlgmal poser of allomay of Inc 11 ':•7 INTESiTMONY WHEREOF I havehereunlo,sit a SY INFO aye 41Nsuq oy me secmrary.- .. ewe of the Company, authorizes Cavld M. C nowledge and deliver as surely any and all. enycuneenle thel fecelmile or machanlcallyi jflo Company in connaallon WIh surely bon r Ih'e at Pi rpase to Wier by chairman or the Rre airy lanolin behalf of IhoCompany to make,'al lieys4ndailauons cl subject to the Illyset foipi i a to allsch thereto the seal of the Onmpany, WI stay, Aoalelanl bacrefary to appoint such shots andedakings, bonds, rectgnizedIces.and other Ie+ue,a, Y,",�wTywv, uovny mmuat msuranca wr piny ano well Amenoan insurance company -do ; hkk U{a famgang i, lug, Ime and 6OTrW'cdpy of the PONT of Attorney executed by eah Calhpenioa Is in ANI ranee and egad and hand end sl�Ixail the sails doff -s a d Campa7llea?ihfa 71 ne+ day of SWIq _}.i4 r la t4Frax9 n } Ir EI�II'I+ a1 b� j a By �^ "t}"1ReneaC ssislnnt 3edreiSN - 1440 012000 Page 2 oft fatex. Shlpmcnl Rccelpt Address Information Ship tar Jahn Blllinga Siemens Induelry Inc. 9225 Bae Cove Road Building a, Suite 101 AUSTIN, TX 78733 US 7324763580 Shipment Inbrmallow Tracking no.: 770057494786 Ship dmc; 08/18/2017 Estimated shipping charges Ship Prams M, Mapcn MARSHMORRISTOWN 445 South Street MoOlslown, NJ 07962 US 9734015024 Package Information Peking option: PedPx Standar! Role Service lyper Prlorlly Ovamighs Package typei;FedEx Envelope Nemberprpackages; I Triol weight: I CBS Declared Vahm:0,00 USD Special Services: PickupDmp•oB;, Use an almndy scheduladpickup at my location nllfing Infcrmatlon: Bill transportation ar.Mmsh Morilgtown NJ -741 Yourmromnec; US0372-Naw York MNm•Surely P,O, ao,t: US001-Mmah kiSA Inc Invoico no.; Department no.: 1087676 Thankyou ler shippina oMlna Mth WE. hIpManagr -�� nM1l Mane �er�_��___....._..... ,.�-•..• tawwr...,.nd.Amaamswn rou nu, v wm.wonro.�,,,p https://www.fedex.eom/shipping/html/en//IarintIFrame,html 8/18/2017 Appendix ATTACHNICNT 3-1: NON -COLLUSION AFFIDAVIT CE'RTI ICATIONS: CITY WIDE STREETLIGHT UPGRADE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT 0FPIIBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall retrain from bidding, that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shag so constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false oer Ifni may �ubj t'the certifier to criminal prosecution. Signed State of Texas County of Travis Subscribed and sworn to (or affirmed) before me on this 18th day of TAugust 20 17 , by John Billings proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. _--- -- . . AN MICNELEWILKINSON taA MY COMMISSION EXPIRES ��ri°� llenanherSU,2018 Notary Public Seal City of Santa Ana RFP Page A3-1 A�lpVnell�tc . . ATTACHNILEINT 3-1:, 1VC)N-LO Bi'I..G QUIT XCATI IN 4i��INIATIONS CITY WIDE STREET LIGHT UPGRADE The prospective participant certifies, by signing and submitting flys bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. City of Santa Ana RFP Page A3-2 ., `Apperfditi'' ATTACHIVI)uNT 3-3, NON-:b186INUNATION CERTIFICA7CION C1.. RTI ICATZONS CITY WIDE STREET LIGHT UPGRADE The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3, The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible f'or further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7, The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City 1. of Sansowta Ana RFP Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subjec^ all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Siemens Indusfr(,,Xne Intelligent Traffic Systems Date: 8/14/2017 City of Santa Ana RFP Page A3-4 Appendix AT.TA,CIIM.NT 4 ADDIXOAi 81 CITYWIDE CITYWIDE STREET LIGHT UPGRADE RFP NO.: 17-075 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: _Siemens Industry, Inc Intelligent Traffic Systems Business Address: 9225 Bee Cave Road Building B, Ste 101 Austin, TX 78733 Business E -Mail Address: bidadmin.mobility0siemens.com Telephone: 512-837-8300 State Contractor's License No. and Class: 758796, Class A, R C10, C16 C20 License Expiration Date: 2128/2019 State Dept, of Industrial Relations (DIR) Registration No.: State Dept. of fifiudrial ela ions (DIR) r Regison 0 e. Signed: Title: 1000002447 06/30/2018 City of Santa Ana RFP 17-075 Page A4-1 CITYINIDE STREET LIGHT UPGRADE RFP NO.: 17-075 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title S, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws, City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Name of Firm Signature of Of Title Marcus Welz CEO and Raiarshi Ghosh, CI=O (if an individual, so state) �_- City of Santa Ana RFP 17-075 Page A4-2 ]b1TIUNA Y(�XSbN" (o1vTlNuri� UITY WIDE iSTREET L1GH`1' UPGRADE RFP NO.: 17-075 DISIGNATION OF SUBCONTRACTORS FORM Proposer shall complete this form and include it in a sealed fee proposal envelope. PART I — LIST OF KEY PERSONNEL not be any subcontractors used on this PART II—LIST OF SUBCONTRACTORS Function City of Santa Ana RFP 17-075 Page A4-3 CITYWIDE STREET LIGHT UPGRADE RFP NO.: 17-075 WORKERS' COMPENSATION INSURANCR CE TIFICNI'ION As required by California Labor Code Section 1861 and 1861, the Contraotor oertiflas as follows: I am aware of the provisions of Section 3700 of the Labor Code, whlob mgoires every employer to be Inswed against liability for worker's compensation or to undertake self-insurance in acoordairce with the provisions of the Code, d I will comply with such provisions before commencing the perfbrmance of the work of this contra M^ Signed; Tit-leiro osal Mans ' Firm. Siemens Indus , I c Intelligent Traffic Systems Date 8/14/2017 Clty of Santa Ana RFP 17-076 Page A4-6 SIEMENS Appendix A - Resumes Page 116 SIEMENS .ta=t± fore fe Alex Valenti Position with the Company Account Manager and Senior Energy Engineer Length of time with the Company 3 years Licenses, registrations and certifications as required by low to perform the Scope of Work described herein Professional Certification, Project Management, San Francisco State University Association of Energy Engineers California Street Light Association Educational background Bachelor of Science, Environmental Science, University of California Berkeley Bachelor of Science Minor, Energy and Resources, Universityof California Berkeley Role in the Project Alex will be the primary contact for all elements of the street light project for the City, The responsibilities of the Account Manager include coordination of the project team, confirming project requirements, monitoring milestones and providing open communication with the customer, The Account Manager will address legal issues including all contract -related documents, assist in the transition from one phase of the project to the next, maintain time schedules, and ensure that all documentation is in order. Experience with the minimum requirements stated herein In addition to being the as the Western US Account Manager and technical expert for LED street light conversion programs for Siemens. This involves developing Investment Grade Assessments (IGA) for large municipal street light conversion programs, performing energy analysis, and material specification, as well as working closely with our clients to ensure they are receiving the best possible LED Installation service. Mr, Valenti worked as a Project Manager for Energy Solutions coo(dinating energy efficiency rebate programs and developing California energy efficiency building codes. This included managing large scale commercial lighting conversions and facilitating the participation of California Investor Owned Utilities in building code development. Prior to Energy Solutions, Mr. Valenti worked as a Researcher at Lawrence Berkeley National Laboratory assisting in the development of Federal lighting standards, and detailed economic, technical and market based analysis, Mr. Valenti also has four years experience as an Environmental Consultant for Commercial and Residential construction projects. Work history on similar or like projects with the other municipalities San Mateo, CA- LED Street Light Conversion Mr. Valenti is the Account Manager for this project. Siemens is currently assisting the City of San Mateo in the LED conversion of approximately 4,000 cobrahead and 1,100 decorative street lights. This project included a GIS field audit of the street light system, specification of a variety of decorative street light types and providing utility rebate and billing adjustments throughout implementation. Page 11 SIEMENS Alex Valenti Huntington Beach, CA- Street Light Acquisition and Conversion Mr. Valenti provided the City of Huntington Beach an Investment Grade Assessment for the acquisition and conversion of over 11,000 street lights. This included a system wide GIS field audit, a design of the LED system, assisting in obtaining loans for financing and supporting City staff in negotiations with the utility, Southern California Edison. Rialto, CA- Street Light Acquisition and Conversion Mr. Valenti provided the City of Rialto an Investment Grade Assessment for the acquisition and conversion of nearly 4,000 street lights. This included a system wide GIS field audit, a design of the LED system, and supporting City staff in negotiations with the utility, Southern California Edison. College Station, TX — Street Light Conversion and Networked Controls Mr. Valenti is assisting in the conversion of over 5,000 street lights to LED. This project includes the installation of LED fixtures, a wireless networked control system and the upgrade of the existing communication system. Publications Alstone, Andrea, Atkinson, Barbara, Garbesi, Karina, Gerke, Brian, Valenti, Alex & Vossos, Vagelis (Sept. 2015). Energy Efficient Lighting Technologies and Their Applications in the Residential and Commercial Sectors: Energy Efficiency and Renewable Energy Handbook, Second Edition Ng Eng Seng, Pang Terrance, Valenti Alex, & Young, Daniel (2014). Wireless Control and Communication of LED Streetlights and Other Devices: San Francisco Public Utilities Evaluation Report Page 12 SIEMENS fh NI �oy'(^fe. r Bryan Berlin Position with the Company Senior Project Manager Length of time with the Company 3 years Licenses, registrations and certifications as required by low to perform the Scope of Work described herein Project Management Certified Certified Senior Lighting Technician Educational background Bachelor of Science, Business Administration, California State Polytechnic University Professional Management, Project Management Institute Role in the Project Bryan will be responsible for maintaining the project budget, resources, and managing material purchasing. In addition, Bryan will provide project management support to the project team, This will include the supervision of Siemens field personnel and any partners participating in the project (e,g., subcontractors, materials suppliers, recycling vendor, etc). He will be responsible for the overall coordination of the project including staffing, material and labor procurement, scheduling and execution of the project. The goal of our Project Managers is to complete the project on schedule with minimal disruption to the client's facilities while ensuring client expectations are met, Experience with the minimum requirements stated herein Mr. Berlin has over 10 years of project management experience within the street lighting and ITS industries. In his current role, he manages all phases of project implementation including the creation of the project plan, schedule and budget, procurement, supervision of Siemens ITS field personnel and project administrative staff, oversight of any project partners/vendors, and stakeholder communications. Mr. Berlin is a certified Project Management Professional (PMP) through the Project Management Institute (PMI) and adheres strictly to their project management principles with a primary focus on the triple constraints of scope -schedule -cost and achieving customer/stakeholder goals. In previous employment Mr, Berlin worked as a Project Manager for Service 1" Lighting and Tri - County Lighting as a Project Manager. He primarily managed the construction of new street light systems, public right of way lighting systems and energy efficient retrofits. Customers included Southern California municipalities. Work history on similar or like projects with the other municipalities City of San Diego Street Lighting General Requirements Contact Mr. Berlin was the Project Manager for this project. Using in-house resources Siemens successfully completed the City of San Diego General Requirements Contract (GRC) T11 Street Lighting and Traffic Signals. Under this contract, Siemens installed ground -up street lighting systems, modified intersections and installed lighted cross walks throughout San Diego. The contract was divided into (13) task orders throughout the City of San Diego in neighborhoods Page 11 SIEMENS �itn ui fOrin fq Richard O'Hearn, Jr., CEM Position with the Company Senior Energy Engineer Length of time with the Company 3 years Licenses, registrations and certifications as required by low to perform the Scope of Work described herein Certified Energy Manager (CEM), Association of Energy Engineers; 312013 AG132: Emphasis an Roadway Lighting & Design, Lighting Analysis; 312010 Educational background Bachelor of Science, International Business, Massachusetts Maritime Academy Post -Bachelors Program, Accounting, University of Massachusetts Dartmouth Role in the Project Mr. O'Hearn will serve as one of Siemens' technical resources for the roadway lighting design and energy analyses that are required for streetlight retrofits, tasks associated with billing adjustment requests, and utility rebate applications. He also completes technical assessments of the various vendor options on the customer's behalf to provide objective analyses to inform the customer concerning tradeoffs between the upfront fixture cost and efficiency. Experience with the minimum requirements stated herein Mr. O'Hearn has over 9 years in the roadway lighting industry, focusing on turnkey & energy efficiency projects on the national level. He has acted as a consultant for a joint venture between the U.S. Dept, of Energy & the National Renewable Energy Labs, as the Industry expert in roadway lighting data collection, Since joining Siemens Mr, O'Hearn has been. involved in numerous energy analysis projects and has added rich value and expertise to each opportunity he has been assigned, Involved in overseeing the GIS Inventory Audit, fixture selection, utility analysis, energy calculations, energy assessments, Investment Grade Audits, guaranteed energy savings analysis and management, and the overall project energy management, Mr, O'Hearn is a critical team member. Work history on similar or like projects with the other municipalities Providence, RI Street Light Retrofit Mr.'0'Hearn was the Energy Engineer for this project. This project was a street light retrofit that involved approximately 16,500 fixtures. We were able to reduce electricity and maintenance costs, while ensuring aesthetic and public safety needs were met. New Bedford, MA Street Light Conversion Mr. O'Hearn was the Energy Engineer for this project. Siemens performed a street light conversion for 16,000 fixtures to reduce electricity and maintenance costs, while providing a greener solution with better illumination for the citizens. Siemens ensured aesthetic and public safety needs were met, as well as provided oversight on billing adjustments and rebatelincentive procedures. Page 11 SIEMENS Richard O'Hearn, Jr., CEM r�k wi for Life, Cape Light Compact LED Streetlight Conversion Mr, O'Hearn was the Energy Engineer for this project, Siemens performed a LED streetlight changeover of 17,000 fixtures. We completed this on time, with a tight timeline- to be ready for the summer tourist season. This was performed while meeting the local needs for the area's 21 communities. Financing was completed via a guaranteed energy savings contract. Ongoing maintenance is being provided to this client, Page 12 P Steven M. Teal Position with the Company Director of Services (U.S.) Length of time with the Company 13 years Licenses, registrations and certifications as required by law to perform the Scope of Work described herein IMSA Work Zone Safety IMSA Level I, II, III Certified Traffic Signal Technician IMSA Associate Member Role in the Project As Director of Services, Steven is involved in the local operations and will provide technical support to the local contract management team, We feel it's important that Customers have the ability to voice opinions, concerns, and compliments to our senior managers, therefore Steven will be available to you as a top level escalation point. Experience with the minimum requirements stated herein Mr, Teal has had a long, productive and successful career in the traffic industry in increasingly more responsible positions. Currently he bears the accountability for overall profits and losses for the Southwest US territory with responsibility for 60 office employees, management of 250 field employees and over 250 municipal traffic signal and street lighting maintenance contracts, Work history on similar or like projects with the other municipalities City of Irvine Traffic Signal Maintenance Services, Area Operations Manager a. City Representative: Dave Flanagan, (949) 724-7684 b. March 2004 - Current c. Traffic Signal Maintenance Services d. 338 Signalized Intersections and 7 Lighted Crosswalks City of Glendale Traffic Signal Maintenance Services, Area Operations Manager e. City Representative: Khang Vu, (818) 548-3960 xt. 3325 f. July, 2008 - Current g, Traffic Signal Maintenance Services h. 283 Signalized Intersections City of Anaheim Traffic Signal Maintenance On -Call Services, Area Operations Manager I. City Representative: Christopher Dahl, (714) 765-6908 j. March 2004 - Current k. Traffic Signal Maintenance On -Call Services 1. 400+ Signalized Intersections Page 11 SIEMENS Michael Hutchens Position with the Company Area Operations Manager Length of time with the Company 11 years Licenses, registrations and certifications as required by law to perform the Scope of Work described herein IMSA Work Zone Safety IMSA Level I, 11, III Certified Traffic Signal Technician IMSA Associate Member Role in the Project As Area Operations Manager, Mr. Hutchens will provide management and scheduling of installation crews, coordinate installation with project manager and project plan, ensure EH&S standards are met. He will also support the contract management team and also serve as the City's first point of escalation, if necessary. Experience with the minimum requirements stated herein Mike has over 22 years of extensive experience in both the technical and construction related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself to be thorough, professional and competent through the years from field laborer to project management, and most recently Operations management. Mike is responsible for overall profits and losses for the Southwest US territory with responsibility for 30 office employees, management of 70 field employees and 115 traffic signal and street lighting maintenance Customers. Mike is directly involved in the day to day operations. Work history on similar or like projects with the other municipalities City of Irvine Signal Traffic Maintenance Services Role; Service Account Manager Project Details: Traffic signal maintenance for 338 intersections and 7 lighted crosswalks City of Glendale Traffic Signal Maintenance Contract Role: Service Account Manager Project Details: Traffic signal maintenance for 238 intersections City of Anaheim Traffic Signal Maintenance On -Call Services Role; Service Account Manager Project Details: Traffic signal maintenance on-call services for 400 intersections Page 11 SIEMENS d"tnLay ' V 17-075 Fee Proposal Fee Proposal The following tables are Siemens Fee Proposal to the City of Santa Ana. Please note: pricing is based on the quantities specified in the tables. Any changes to quantities may necessitate a requote or change order to the scope. If Santa Ana chooses Siemens to provide a full tum -key solution, Siemens will waive the engineering fees for this project. Siemens Roaponse to Oily of Sante Ana RPP 17.076 Pee Proposal cenarlo A,• QUtion 1 and Ootlgg2 gtlon 1 ,.. 4 ;�.„u ,.:Ap , t. -•;...Y �,�.,; Siemens ata f word nat�y a!a o final devsiopevaluationtint of LED fixtures for ro at evaluation 'ourcaY{*,1-r,.7g�F� �;7t:,, Apcount Manager and Senior Energy Engineer 0,..1,.,rC,Rki,+,.: , ,.,n:r,; .fir +..:.rh.,, is 4 $ 180.00 $ 720.00 Siemens staff evaluatsssdh is I 'I n Inter 1. '�""""""'”" 2,§60.00 Siemens staff optimixes LEO Implementation design for each LED product selected and develops bill of Senior Energy Engineer 1$ $ 180.00 $ 21500.00 Stamens presents final report of LED fixtures, Outllninglighting performance, AtletluntMaFlagerandSenlpr energy efeclenoy, and life cycle cost Energy Engineer g 1$ $ 18p,00 $ 2,$80.00 analyels for City staff review and product selectlen option 2 OR not—al '""'µ'==' .. '�Sis:460.fYp tl1 yY1 y�yy�YYy�111Y�°��"t•rgM1l]"ylty�" not—al '""'µ'==' .. '�Sis:460.fYp Eaton AOURY Laotok Gree Slamene Response eD MY of Banta Ane App 17-076 Fee Proposal ffca ... . ........................ "' , , " , "" t I 14 g9 00 1 I I vP4 6SIl"T I-I'l IF I iiilll::i I 60 1 22 ad L.. ., 1 ..,,;. •, - ;.1: ".....a so 22 197.nO 70 68 776. 44.00 160, 488 $314 a i Fy hn 160 19900 206,00 31 177.00 Jll 260131 81 --0 A) 400 �64 12,97.00 3g 0 Lullet P_roof Option 33 11A MIMI. ffca ... . ........................ "' , , " , "" t I 14 g9 00 1 I I vP4 6SIl"T I-I'l IF I iiilll::i I 60 1 22 70 68 Y 70 84.00 8314 ga44.928.00 776. 44.00 160, 488 17,300 4 4.00 2 0 19900 8376.0 31 177.00 891.00 304 81 --0 agS4,00 9MMOLf 2010r) 6 397.Ql $ 1316.0 I ll786'5' , 1,$ 1 1 -1,�20;gWo t f f Y 70 86 $ 77.00 776. 44.00 180 4-- 17,300 4 4.00 765 19900 8376.0 1 31 177.00 891.00 400 304 19 00U20i ' 9MMOLf 2010r) 6 397.Ql $ 1316.0 1,$ 1 1 -1,�20;gWo t f f Y 70 86 70 77.00 100 4 1 8.00 150 8376.0 �9 1633 16 177.00 271,341,00 0 17= .187, 0 I — 397.Ql $ 1316.0 Bullet Proof Option 11A MIMI. [Total 1 7880 ---- j 06=0 �T-Trlmm r-711PATEmlom - g Option 2 OR : Eaton Acuity Blemen a Response to City Of 8anta Ann RFP 17-076 Fee proposal O L, 5'ri:::& 1 4, writ N 77 W-41011311�V-R' so Siemens staff coordinate With City staff to develop final list Of LED fixtures for Account Manager and Senior 4 180.00 70 Project evaluation E nergy Engineer - I $ 720.00 Siemens staff evaluates toohnioal 10 4 415,0 -- 160 480 2M.M. oharaoterfallos of agreed upon rst Of LED $eniqr Energy Engineer 16 $ 180.00 $ 200.00 fixtures 31 1 00 liemarts staff Opilmixes LED 8 .00$ ullel proof o Implementation design for each LED product selected and develop$ bill of Senior Energy fthear I$ $ 180.00 $ 21660.00 materials Naming pres;nt's #net report of LFD' — fixtures, Outlining lighting Perform4noo' anorgy afficlency end life cycle cost Account Manager and Senior 16 6 18U0 analysis for Clty staff review and product Engineer seleolon O L, 5'ri:::& 1 4, writ N 77 W-41011311�V-R' so 138.00 i 22 1 S 00 3 484 70 175. - I 180 6314 ?,00 a n A m 10 4 415,0 -- 160 480 2M.M. 616.00 200 = , I I 1 .1 ., 2''. D , • (10 250 31 1 00 8 .00$ ullel proof o total I ($ - -Z-.^ �6 . E P. 1w 1 77 W-41011311�V-R' so 138.00 i 22 1 S 151,00 3 484 3-14 844,926,00 180 6314 4,184.00 8 8 0 -- 160 2M.M. 00,628.00 TCT� = , I I 1 .1 ., 2''. D , 316-19-8-66, J tP a 0 o 31 1 400 32 .00. AR Ed=........ M0 ........... so 138.00 =2 3-14 844,926,00 180 a 4,184.00 2001 50 84, 0 34,604,Q0 4 Evile A=_1 281m 8424,90 J tP a 0 o Tow f-"� ---�4�60 t,oetek croo Option 0 &lemons Response to City of Sante Ana RFP 17.079 Fee Proposal L � 1.42,9.2080. N��� � [ItMIM MIINM��F1]f7+ Alice C o BI AI�I�IN�"iC+II iCIIIIIINk`ia7IB�B 1 : e e .. tl B TS 9: try tl"1���� ♦'�l 1 1 IAI L � 1.42,9.2080. �Il"li'.I :: tl fixture- Includes all essoola Iment, end disposal of HP$ technician I 7,800 18 89.00 141 495,180,00 N��� � [ItMIM MIINM��F1]f7+ Alice C o BI AI�I�IN�"iC+II iCIIIIIINk`ia7IB�B �: : e e tl B TS 9: try tl"1���� el 11I n1�� '. • r ♦ • r . • �1l��l�IyCRA�JL�J �Il"li'.I :: tl fixture- Includes all essoola Iment, end disposal of HP$ technician I 7,800 18 89.00 141 495,180,00 CERTIFICATE OF LIA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITL REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the If SUBROGATION IS WAIVED, subject to the terms and conditions of t this certificate does not confer rights to the certificate holder In lieu of c PRODUCER MARSH USA, INC. 446 SOUTH STREET MORRISTOWN, NJ 07960.6464 100120-811--18/19 INSURED SIEMENS INDUSTRY, INC. 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 COVERAGES SIL ANDRI NOC60 CERTIFICATE NUMBER: F MZi36;iYYy) BILITDATE Y INSURANCE 1 09119/2018 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED )ollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. to policy, certain policies may require an endorsement. A statement on Lich endorsement(s). 75WTACT ............ POLICY EFF (MMIDDtYYYY) PHONEFAX A/C. No. Ext): WC, No): -MAIL COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCURD INSURER(S) AFFORDING COVERAGE NAIL III INSURER A: HDI Global Insurance Comllun 41343 -INSURER 8: Travelers Propel Casualty Co. of America _T5674 EACH OCCURRENCE INSURER 0: The Travelars Indemn Compal 25658 $ 1,000,000 _RBgMLSE$ MED EXP (Any one person) INSURER D: INSURER E: INSURER t: ...... .... ... ............ ­- - ------ 12 F0111 [I t0kyl6fl#11 I I L1117d 111] 913 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR .. .... - --_ TYPE OF INSURANCE INSP, W P, 0 toy NUMBER L10 POLICY EFF (MMIDDtYYYY) POLICYEXP (MMIDDtYYYY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCURD GLD11101-10 10/01/2018 10/0112019 EACH OCCURRENCE $ 1,000,000 A M AG 11 T 0 1 EWTED" Ea occur a,)Qa) $ 1,000,000 _RBgMLSE$ MED EXP (Any one person) $ 100,000 & ADV INJURY_ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO. [_1 1:1 PRO- LOO _PERSONAL GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ INCL COMBI NiT6T_1N­GCE_LIMIT_'$ _J!i�cldont _ $ 2,000,000 0 'I OTHER: AUTOMOBILELIABILITY 7C'2X"rAF_7440L34A-18 10/0112018 10/0112019 BODILY INJURY (Per person) $ N/A AUTO X OWNED SCHEDULED _ AUTOS ONLY AUTOS ]X BODILY INJURY (Pident) (Per accident) $ NIA X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE $ N/A $ A X UMBRELLA LIAB x OCCUR CUD11102-10 10/0112018 10101/2019 EACH OCCURRENCE $ 1'000,000 AGGREGATE $ 1,000,000 EXCESS LIAR CLAIMS -M DE $ DED F] RETENTnNJ__ C WORKERS COMPENSATION AND EMPLOYERS* LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? F_N ] (Mandatory In NH) NIA TC2J-UB-8049X508-18 (AOS) TRK-UB-8049X5iA-18 (AZ,MA,OR,WI) I OT011201 9T070 1010112018 -17207r— 10/01/2019 I PTERf _T�1_ 6 VTg.A---...F'_...--_-----___. E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 I It yes, desCril)D Linder DESCRIP-1 ION OF OPERATIONS below I E,L. DISEASE - POLICY LIMIT $ 1,000,000 . . . ........ . DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Sohodolo, may be attached If more space Is required) RE: 17-075 SEE ATTACHED REVIEWED BY: EUNICE HEREDIA (PG 1OF CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA, TYRONE CHESANE,K_1_, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 CIVIC CENTER PLAZA 1EIREOF, NOTICE WILL BE DELIVERED IN THE EXPIRATION DATE T1 SANTA ANA, CA 02702~~ ACCORDANCE WITH THE POLICY PROVISIONS, SEP 2 8 2018 AUTHORIZED REPRESENTATIVE M of Marsh USA Inc, Manashi Mukheoee _VAIO.A�" 0 1988.2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD PR 17- AC` REP i%..., ' AGENCY CUSTOMER ID: 100129 LOC #: Morristown ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH USA, INC, NAMED INSURED SIEMENS INDUSTRY, INC, 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60069-4513 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER; 25 FORM TITLE: _Certificate of Liability Insurance RE; 17-075 CITY OF SANTA ANA, TYRONE CHESANEK IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY, $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY AND $1,000,000 IS INCLUDED UNDER THE UMBRELLA LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT. WHICHEVER IS LESS. REVIEWED BY:4yllffEUNICE HEREDIA (PG OF ) ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .HDI GLOBAL INSURANCE COMPANY MANUSCRIPT ENDORSEMENT # 32 Policy Number GLD1 I 101.-10 'Named Insured SIEMENS CORPORATION Policy Period: Inception (1111.-D4) Expiration (M -WY) Effective'Date and Time of Endorserrroot 10-01-2018 1 001 -2019 Insured, Thi s,enclorsementChangosThin Polloy. Please Read It Porefully, BLANKET ADDITIONAL INSURED This.ondorsernent.mQdIfles insurance provided under the following: '10-01-20'18 12:,01 a.m. Standard Time ai.Address oftho Commercial General Liability Coverage Form Who is an Insured is amended to include as an additional Insured any person Whom you are required to add as. an .additional insured on this; policy under a wriltena'greernent, but onlywith respect to liability for "bodily lnjury`, "property d a ma,g a!' o I.* ' porsQ na land edve,rtising, injury" :caused, In whole or -I n park, by: 1. Yo or acts. . UI' omissions; or 2. The a.cjs or auris ions of those acting on your behalf, Tho insurance coverage provided to' SLICh additional1risured applies only to thd extent required within tho written agreement.. The insuranpocoverage :provided. to tho additional Insured person shall not provide any b i roader cqvp.ragqth0n you are required to provide to the additidnal insured person in the written agreement and shall not proVida limits, of insurance that exceed the lowprof the Limits of lin-s.uranpo provided to you in this policy, qrthe'limits of Insuranoeyou are. required to prQVId,o in tho written agtoohie nt. The insurance proyJdpd to the additional insured by -this ondorsement is excess over any vaild'and collectible other insoronce,'Whet-fter prirriary,' excess, contingent, or on. any other basls, that Is available to the additianafin*s'ur'od'for a loss We cover underthis endorsement. However, ifthe written agreement specifically requires that this insurance apply on a primary basis, thi's insurance is primary, If the written agreement specifically requires this insurance apply on a primary and non-cantributoty basis thJg insurance is p6maryto other, insurance available to the additional Insured and wo Will not share'With that other insurance provided that the, additional, insured is a. Named Insured under such other insurance. This,endorsoment shall prevail overadditipirial insured ondorsemantsthat may apply, underthis pollcyunlozs required othenMso in thewrittenAgreement, Authorized ReprosentotlVe .All terms and conditions of the policy remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDOPSEMENT WHEN ISSUE.D,AFTER THE POLICY IS 11 RITTEN6 Page - REVIEWED BY:::::_ EUNICE HEREDIA(PG (PG 9F