HomeMy WebLinkAbout25B - AGMT LIGHTING FIXTURES POLICE DEPTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2018
TITLE:
AWARD CONTRACT TO ENERGY
RETROFIT CO. TO INSTALL ENERGY-
EFFICIENT LIGHTING FIXTURES AND
CONTROLS IN THE POLICE
ADMINISTRATION BUILDING AND
EXECUTE AGREEMENT FOR ON -BILL
FINANCING LOAN (RFP NO. 18-069)
(STRATEGIC PLAN NO. 4,3101; 6,2A)
Olt MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 16' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with
MarketingPower, Inc. (dba Energy Retrofit Co.), for the term beginning September 4, 2018,
through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures
and controls at the Police Department Administration Building, in an amount not to exceed
$656,847 inclusive of a 4% contingency in the amount of $24,519, subject to nonsubstantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern
California Edison to provide a $526,499 no -interest On -Bill Financing Loan and $115,348 in
incentives to fund RFP No. 18-069, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
DISCUSSION
As part of the City's ongoing efforts to identify potential cost-saving energy projects across City
facilities, the Building Maintenance Division commissioned energy audits for the Police
Department Administration building, Corporate Yard facilities (administration and maintenance
buildings), Ross Annex parking garage, and the City's libraries (Main Library, Newhope Library,
and McFadden Learning Center). The energy audits were completed at no cost to the City by The
Energy Network, a nonprofit program funded by California utility ratepayers through the California
Public Utilities Commission.
2513-1
Award Contract to Install LED Lights and Controls
PD Administration Building, On -Bill Financing
September 4, 2018
Page 2
Based on the energy audit findings, Building Maintenance staff applied for and secured approved
funding from Southern California Edison (SCE) to retrofit all facilities mentioned above. The
retrofits to the Newhope and Main libraries, and the McFadden Learning Center were completed
in 2017 and 2018. Retrofit funding applications for the Police Department Administration building,
Corporate Yard facilities and Ross Annex parking garage have been reviewed and approved by
SCE. City staff, with the assistance of The Energy Network, is proceeding with the selection of
contractors to install the lighting and controls retrofits for these projects.
At this time, staff is requesting Council approval to implement the Police Department
Administration building retrofit project. The Scope of Work consists of new light fixtures (replace
fluorescent units with energy-efficient light -emitting diode [LED] lights) and light controls (install
occupancy sensors and connect to lighting and Building Management systems). Project benefits
include improved illumination; an annual reduction of 494,175 kWh in electric usage; annual
electric bill savings of $55,555, and annual greenhouse gas reductions equivalent to taking 78.8
cars off the road.
A total project cost of $641,847 has been approved by SCE, and includes cash incentives of
$115,348, and a zero interest On -Bill Financing (OBF) loan of $526,499, for a total of $641,847.
An innovative feature of this SCE program is that the City will have no upfront costs. The awarded
contractor will finance the cost of the project; and SCE will then pay the contractor directly with
the cash incentives (which are grants and do not need to be repaid by the City) and the OBF loan
proceeds that SCE has approved for the project. Any lighting upgrades not included in the project
specifications but authorized by the City will be paid from contingency comprised of combined
SCE and City funds.
Once the retrofits are completed and validated, the Police Department will realize lower utility
charges on their electricity bill. The bill will have a new, separate line item for the monthly OBF
loan repayment. However, once the OBF loan is paid in full (9.5 years), SCE will discontinue the
OBF loan repayment charges.
Staff requests the City Council to approve the funding process for this project, and authorize the
City Manager and Clerk of the Council to execute an OBF agreement with SCE. The SCE Notice
of Approval for incentives and OBF loan amount (Exhibits 1 and 2) and an example loan
agreement form (Exhibit 3) are attached.
On July 26, 2018, staff posted the Request for Proposal (RFP) for the Police Department Energy
Lighting Retrofit (Exhibit 4) on the City's website and online bid management and publication
system. Three proposals were received and opened on August 15, 2018. The proposals were
evaluated and ranked by a review committee comprised of staff from the Public Works Agency
and Building Maintenance. The ranking criteria included the experience of the firm and team,
relevant project experience, understanding of the scope of work, the work plan, references,
schedule, and fee. The ranking of the three firms is as follows:
25B-2
Award Contract to Install LED Lights and Controls
PD Administration Building, On -Bill Financing
September 4, 2018
Page 3
Firm
Score
Energy Retrofit Co.
93.7
Baker Electric Inc.
80.7
SoLED Energy Inc.
65.0
Staff recommends awarding a contract to Energy Retrofit Co., as their proposal is responsive to
the specifications and meets the City's requirements. Contractor has experience with similar work
with government entities through SCE, is committed to completing the work within the specified
time, and submitted pricing within SCE's approved project funding. The proposal contains a clear
path toward achieving City goals and objectives as required by the RFP. The total agreement
(Exhibit 5) compensation is in the amount not to exceed $656,847.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports City efforts to meet Strategic Plan Goal #4 — City Financial
Stability, Objective 3 (achieve a structurally balanced budget) Strategy D (explore innovative
revenue and cost recovery strategies) and Goal #6 — Community Facilities & Infrastructure,
Objective 2 (address deferred maintenance on City buildings and equipment) Strategy A (prepare
a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and
estimates repair costs to be programmed in the responsible agency's future budget).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are
exempt from further review. A Notice of Exemption will be filed for this project.
FISCAL IMPACT
There is a total of $656,847 in funding available for this project from a combination of SCE
approved OBF financing and estimated SCE Incentives ($641,847), and City funding ($15,000).
Source
Description
Fiscal Year
Amount
SCE
Approved Loan Proceeds
2018-2019 Oct. — Dec.
2018
$526,499
SCE
Estimated Cash Incentives
2018-2019 Oct. — Dec.
2018
$115,348
city
Building Maintenance
2018-2019 Oct. — Dec.
2018
$ 15,000
Total
$656,847
The contract amount of $656,857 will be paid from these funds in the following manner:
25B-3
Award Contract to Install LED Lights and Controls
PD Administration Building, On -Bill Financing
September 4, 2018
Page 4
After installation is complete and an Installation Report is finalized, the actual amount of OBF
loan proceeds and project incentives will be determined and paid directly to the contractor,
Energy Retrofit Co., by SCE. Since the actual project costs are not expected to exhaust the
approved SCE funding, the final loan amount and repayment terms will be reduced
accordingly.
The contract amount includes a $24,519 contingency. $9,519 of this contingency will be
covered by SCE funds. The remaining $15,000 will be paid from City funds, but only for
authorized additional lighting improvements not qualified under SCE's program.
City funds for the $15,000 contingency are budgeted for expenditure in FY 2018-19 in the Police
Department Building and Facility — Contract Services expenditure account (No. 01114403-
62300).
Funds in the amount of $26,502.20 for the FY 2018-19 OBF loan payments to SCE are budgeted
and available in the Police Department Building and Facility, Loan Repayment-OBF account (No.
01114403-67003). Funds for the subsequent fiscal years will be budgeted in the same account,
in accordance with the following estimated loan repayment schedule:
Fuad S.
Public
Fiscal Year I Description I Amount
Assumes total loan amount is utilized and repayment begins January 2019
First Payment $3,354.20 113 Monthly Payments. $4,629.60
First Payment
$3,354.20
2018-19
5 Monthly Payments
$23,148.00
108 Monthly Payments
2019-20 through 2027-28
9 Years
$499,996.80
$55,555.20 annual)
Total
$526,499.00
iveiss, PE, PLS
Director
rks Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Sergio Vidaf'Lktz
Assistant Director
Finance and Management Services Agency
25B-4
Award Contract to Install LED Lights and Controls
PD Administration Building, On -Bill Financing
September 4, 2018
Page 5
Axid Valentin
Chief of Police
Santa Ana Police Department
FS:JA:CK:SS
Exhibits: 1. SCE Notice of Approval — Incentives
2. SCE Notice of Approval — OBF Loan
3. OBF Loan Agreement — Sample Form
4. RFP 18-069
5. Contract Agreement
25B-5
r
WqSOUTHERN CALIrORNIA
EJ EDISON'
M EDISON INTERNATIONALo Company
January 4, 2017
Project Number: 353-16-0500831244
Project: Customized Solution Approach
Authorized Agent:
DURBIT 1
E-mail: Businesslncentives@sce.com I
Fax: 626-633-3243
Questions?: 800-736-4777
Customer Information:
John Aguilar
City of Santa Ana
20 Civic Center Plz
Santa Ana, CA 92701
SEND ALL DOCUMENTS TO:
Business Incentives
Southern California Edison
P.O. Box 800
Rosemead, CA 91770-0800
RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL
Dear John Aguilar:
Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for the
Customized Solutions Program ("Program"). Your Application for incentives for the Project(s) described in
your application has been reviewed and approved. Funds reserved are based on SCE approved savings estimate
set forth below; however, the actual incentive payments will be made based on verified and actual savings'
amounts:
sct t -mai slpproveo savings ana Incentive tstimare
SOLUTIONS DESCRIPTION
Code
kWh
kW
$ Incentive
Amount
Interior LED fixture replacement
LT -17492
445,716.10
56.99
$44,205.79
Exterior LED fixture replacements
LT -85834
18,655.0
0.00
$1,492.40
LED Integrated Retrofit Kits
LT -76496
29,804.20
3.68
$2,936.34
Total Approved Savings/Incentive Estimates
$48,634.53
Ter Incentive
$66,713. 7
Total Estimated Incentive
_ _$115,34
10% Measurement and Verification Adder (if applicable)
If you do not concur with the energy savings and incentive amounts shown above, you have 30 days from the
date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not notify us of any
concerns within 30 days of this letter, the savings/incentive estimates set forth above will be deemed correct. If
you agree with the estimates, you may proceed to purchase and install the above solution code(s) at any time.
This Project Approval incorporates by reference the Application, including the Applicant Agreement regarding Program
Terms and Conditions.
After your project is completely installed, operational, and meets all requirements of the Program, which is
described in detail in the Customized Statewide Procedures Manual for Business and at
www.sce.com/customized—solutions:
Complete, sign and submit the enclosed 2013-14 Customized Solutions Installation Report.
Submit final invoices and/or documentation to support project cost, clearly detailing all costs associated
with the project (equipment, labor, tax, etc.).
Check out www.sce.com 1 To see if you qualify for the Comprehensive Bonus.
25B-7
SOUTHERN CALIFORNIA
LJ EDISON'
An £OISON INTGRNATIONAL0 Company
E-mail: Busimssimentives@sce.com
Fax: 626-633-3243
Questions?: 800-736-4777
SEND ALL DOCUMENTS TO:
Business Incentives
Southern California Edison
P.O. Box 800
Rosemead, CA 91770-0800
Submit complete engineering calculations to demonstrate energy savings and documentation, if
applicable (including archival diskette, CD, etc.).
Submit schematic drawings and/or manufacturer specification sheets, if applicable.
Operating Report, if measurement and verification is required.
NOTE: As a reminder, the deadline for the project to be completely installed and operational is one year from the date of this Project
Approval letter. Please submit the completed Installation Report within 30 days after installation and prior to the one year deadline.
Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you
will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as
applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require
you to submit other documents related to the Project, Project site, solutions, energy savings, or any other
documents it requires, in its sole discretion, to make a decision on your Application.
If you have any questions, please contact your SCE Account Representative. You may also call us at (800)
7364777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to
BusinessIncentivesRsce.com. Please have your project number available for reference when you call and
include it in any e-mail correspondence.
Business Incentives Team
Southern California Edison
Checkout www.sce.com I To see if you qualify for the Comprehensive Bonus.
r
Energy Management Solutions Incentives
Application for Business Customers
2013 - 2014 Customized Installation Report
DIRECTIONS: Afteryourproject is installed and operational, input the project installation commencement and completion dates in the fields
provided. Review the Information from yourAppiication Approval Letter. If nothing has changed, and the information in Sections 5 and 6 is
correct, complete and sign Section 7 on page 2 of this Installation Report (IR) Form and submit both pages to SCE at one of the addresses below. If
Business Incentives
For overnight delivery:
Fax: 626-633-3243
Southern California Edison
6010 N. Irwindale Ave.
E-mail: Businesslncentives@sce.com
P.O. Box 800
Irwindale, CA 91702
Questions? Call 800-736-4777
Rosemead, CA 91770-0800
UPN #: 353-16-0500831244
SA #: 3-010-7153-96
Project Name: Police Dept Lighting 2
Customer Name: City of Santa Ana
Customer's Authorized Agent:
Installation Commencement Date:
Installation Completion Date:
5)
Customized
SolutionsSection
Original Application)
Line #
Solution Code I'
Solution Description
—�! Description of Existing Equipment
1
LT -17492 I
Interior LED fixture replacement (utilizing approved
Inmtnarinsl.
2
LT -85834
Exterior LED fixture replacements (utilizing appmved
3
LT -78496
LED Integrated Retrofit Kits
4
5
J
Note: If submitting more than 5 Solutions
complete and attach the Customized Solution page from the Multiple Site/Solution Worksheet at .scccomisolul ons.
Section• •s
(From Original ••• •
Energy Savings
Total Project Cost ($)
Calculated Baseline
Installed Energy
Incentive Energy $641,847.51
Solution # Usage (kWh)
Usage (kWh) Savings (kWh)
Rate ($IkWh) Incentive ($)
1 803,629.7
357,913.6 445,716.1
$ 0.08 $ 35,657.29 Calculated Energy Savings Totals
2 31,447.0
12,792.0 18,655.0
$ 0.08 $ 1,492.40 494,175.3
3 63,760.2
33,956.0 29,804.2
$ 0.08 $ 2,384.34
Calculated Savings Incentives
4
-lxs P,y,ncwAdy z pfaw-ei:l
5
115,348.20
Section 6) Pri-Peak Demand
Reduction (From Original
Application)
On -Peak Demand Reduction
On -Peak Demand Reduction (kW)
Calculated Baseline
Installed On -Peak
Peak Demand 60.67
Solution On -Peak
On -Peak Demand
Reduction
# from above Demand (KW)
Demand (KW) Reduction (KW)
Incentive ($)
1 100.94
43.95 56.99
$ 8,548.50 SA# 3-010-7153-96
2
$ - UPN # 353-16-0500831244
3 7.87
4.19 3.68
$ 552.00
4
$ NOTE: For projects requiring M&V, attach any required
baseline or post -installation measurements and analysis, as
5
$ - speed in your approved M&V plan.
Section 5) Customized Solutions
(if Different from Original
Application)
r�--.._—�_—
Line # I Solution Code
____ — _—_._ —..__
Solution Description
---_.—__�_.�
Descripticn of Existing Equipment
1
3
4 - --
-----�--
----1 -.
5
Note: If submitting more than 5 Solutions complete and attach the Customized Solution page of the Multiple SitelSoludon Worksheet at vxnv.sce.comisclutions.
Energy Savings
Calculated Baseline Installed Energy Incentive Energy
Solution # Usage (kWh) Usage (kWh) Savings (kWh) Rate ($IkWh) Incentive ($)
1
2
3
4
5
Calculated Baseline Installed On -Peak Peak Demand
Solution On -Peak On -Peak Demand Reduction
# from above Demand (f(W) Demand (KW) Reduction (KNO Incentive ($)
Total Project Cost ($)
Calculated Energy Savings Totals
Calculated Savings Incentives
On -Peak Demand Reduction
1 1 1 1 SA# 3-010-7153-96
2 UPN # 353-16-0500831244
3
4 NOTE: For projects requiring M&V, attach any required
5 baseline or post -installation measurements and analysis, as
Check appropriate boxes:
No changes to the proposed solutions have been made since the Project Application Review and Approval and the Authorized agent verifies
that the Application approved savings calculations are correct.
O
Due to changes to the proposed measures, appropriate adjustments in the savings calculations have been made.
For measures with changes made during installation, use this section, and Sections 5 & 6 on page 2, to calculate the revised installed energy usage,
O energy savings, peak demand reduction, and incentives. Attach the appropriate calculation backup: the output from the Estimation Software,
Calculate Energy Savings Total or the calculation sheets that document the engineering calculations.
Attach the following supporting documentation with this Installation Report, or email it to the SCE RCx program manager:
Verification data as evidence of Implementation.
Updated savings calculations, where applicable.
Copies of invoices for implementation, as proof of the Customer's implementation costs.
RCx Training Completion Form, including the training agenda, training materials, list of attendees, and measure persistence
strategies.
See the RCx Program Guidelines formore information on these Items.
1. HVAC Permit (if required). If a permit is required for any HVAC installationlreplacement, I have provided the permit number below. (If no permit
is required, leave this section blank.) Permit # Agency
2. Contractor Certification. If a contractor was used for any HVAC installationtreplacement, this section must be completed by the contractor.
By checking this box, I certify I am a licensed contractor and have followed applicable permitting requirements and, if required, that the HVAC
❑ permit information above is correct.
Signature of ontractor Name pease print ate
I, the Customer or Authorized Agent below, certify that (i) the Energy Efficiency Solutions have been completely installed, functionally tested and proven capable of
operating and being maintained to perform in conformity with their design intent, and (it) that a licensed contractor was used, where applicable, and all applicable
permitting requirements for this installation were followed. The installation date of operation of the Energy Efficiency Solutions and any required monitoring data
collection per approved M&V plan, are also certified.
Signature Name pease print rte Date
258210
EXHIBIT 2
SEND TO: Southern California Edison, Business Incentives
$OUII IL I?N CALLIIFOORiNIAP.O. Box 800, Rosemead, CA 91770-0800
E®i S 1 ' E-mail: Businesslncentives@sce.com I Fax: 626.633.3243
Questions? 800-736-4777
An Ccwny
January 04, 2017
Customer Information:
John Aguilar
City of Santa Ana
20 Civic Center PI, M-11
Santa Ana, CA 92701
RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION
PROJECT NUMBER: 353-16-0500831244 SAM 3-010-7153-96
Dear John Aguilar
Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing
Loan has been reserved.
At this point the estimated OBF Loan funding reservation for your project of $526,499:31=has been established.
Terms and Conditions of Loan Reservation:
1. The reserved amount has been calculated based on the results of the review and approval of your Energy
Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term
Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an
estimate of what the actual loan amount may be.
1a. An OBF Loan Term Calculation [LTC] is attached.
2. The actual loan amount will be calculated based on the results of the review and approval of your Energy
Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan
Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved
amount presented above.
2a. The actual amount of the OBF loan may be less than the reserved amount presented above.
2b. The actual amount of the OBF loan shall not exceed the reserved amount presented above.
3. The expiration of the loan reservation shall be consistent with that of the project incentive.
Next Steps:
• You submit the completed Installation Report [IR] to SCE, and SCE will review it.
• SCE will calculate the actual final loan amount, based on the results of the IR approval, and the LTC
provisions.
• SCE will issue 2 copies of the OBF Loan Agreement to you.
• You will sign, and have notarized, the Agreements and return to SCE.
• SCE will counter -sign the Agreements.
• SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan
proceeds.
25B-11
SEND TO: Southern California Edison, Business Incentives
SOUIIILRN CUITOMIA
D I � � � n P.O. Box 800, Rosemead, CA 91770-0800
E-mail: Businesslncentives@sce.com I Fax: 626.633-3243
Questions? 800-736-4777
An 17DI.SONATFfi.ti,4770RAL"0?-.;uny
If you have any questions, please contact your SCE Account Representative. You may also call us at (800)
736-4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to
Businesslncentives@sce.com. Please have your Project Number available for reference when you call, or
include it in your e-mail.
Sincerely,
Delia Williams
Program Manager -On Bill Financing
Southern California Edison Company
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin,
sex, marital status, age (provided the applicant has the capacity to enter Into a binding contract); because all or part of the applicant's income derives from any public
assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers
compliance with this law concerning SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580.
25B-12
On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1)
Completion Date/Time:
12/15/2016 7:26 AM
Project Number:
353-16-0500831244
Service Account:
3-010-7153-96
Customer Number:
1-0-000-7130
Customer Account Number:
2-22-264-5319
OBF Application Receipt Date: 2/16/2016
Project Type(s):
Customized
Market Segment:
Government and Institutions
Business Name:
SANTA ANA, CITY OF
Reference Name:
POLICE DEPTLED LIGHTING 2
Address:
60 CIVIC CENTER PLZ
City, CA Zip:
SANTA ANA, CA 92701-4060
ACTUAL TERMS WILL BE CALCULATED
BASED ON FINAL REVIEW AND VERIFICATION
OF THE PROJECT INSTALLATION REPORT
LTC1 Reserved Amount is $526,499.31
First month payment is $3,354.51
113 subsequent monthly payments $4,629.60
PROJECT ECONOMIC SUMMARY EXPLANATION
A. AVERAGE ELECTRIC BILLING RATE — past 12 months (Cents/kWh)
$ 0.11242
Based on Billing History
$ 641,847.51
C.2. Excess Project Cost
B. ENERGY EFFICIENCY PROJECT SAVINGS
C.3. Estimated Total Rebate/Incentive
$ 115,348.20
B.I. Estimated Annual Kilowatt Hour Savings (kWh)
494,175.3
From Approved Project Application
B.2. Estimated Annual Dollar($) Savings
$ 55.555.19
Estimated Annual kWh Savings x Average Rate = $ savings (B.1 x A)
B.3. Estimated Monthly Dollar($) Savings
$ 4,629.60
Estimated Monthly $ Savings (B.2 / 12)
C. COSTS
$ 3,354.51
C.1. Estimated Total Project Cost
$ 641,847.51
C.2. Excess Project Cost
$ -
C.3. Estimated Total Rebate/Incentive
$ 115,348.20
CA. Other
$
C.5. Estimated Potential Loan Amount (Gross Amount)
$ 526.499.31
C.6. LTCl Reserved Amount
C.7. LTC2 Reserved Amount
From Approved Project Application
Based on 20% Basic Lighting Cap Rule
From Approved Project Application
(C.1) -(C.2) -(C.3) -(C.4)
From LTC1 calculation following Approved Project Application
LTC2 Loan Amount per pofcy cannot be greater than LTC1 amount
D. LOAN
D.1. Gross Amount for Potential Financing $ 526.499.31 Lesser of (C.5) or (C.6) or (E.1.2) or (E.2.3) or other miss apply
D.2. Monthly Loan Repayment Amount $4,629.60 (B.3)
D.3. Actual loan term (Months) 114 Time required to repay loan in months (subject to
exception analysis below)
D.4. Actual loan tens (Years) 9.5 Time required to repay loan In years: (D.3) /12
E. LOAN LIMIT TESTS
E.1. Market Segment Amount of Loan Test (Min/Max Loan Amount)
E.1.1. Market Segment Minimum Loan Amount $ 5,000 Minimum Loan Amount per Service Account or Bundle
E.1.2. Markel Segment Maximum Loan Amount
E.1.3. Within Market Segment Limit?
E.2. Customer Loan Limit Test (Previous Loans for this Service
Facility Com, Ind, Ag = $100,000, G&I = $250,000
Y Is D.1 within loan amount limits Y/N?
E.2.1. Service Account Loan Amount Limit $ 1,000,000 (E.1.2) or $1M for G&I Facility
E.2.2. Previous Loans Reserved for this Service Account $ Total of previous OBF loans+ reservations
E.2.3. Estimated Amount Eligible for Loans $ 1,000.000.00 (E.2.1) - (E.2.2), If <0. then 0.
E.2.4. Within Available Amount? Y Is D.1. < E.2.3. YM?
E.3. Length of Loan Test
E.3.1. Loan Length Limit (months)
E.3.2. Within Loan Length Limit?
120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months
Y Is D.3 within limit YIN?
E.4. Expected Useful Life (EUL)* Loan Length Limit Test
E.4.1. Applicable Measure EUL (months) 144 ELL in months of measure with greatest kWh contribution
E.4.2. Within EUL Loan Length Limit? Y Is 0.3 within limit YM?
E.5. EXCEPTION ANALYSIS (If any E.1 thru E.4. yields a "No") Exception Analysis Loan Minimum Requirement Test
Does the loan amount from Exception Analysis meet the $5K loan
minimum requirement? YES
E.5.1. First Payment Amount
$ 3,354.51
E.5.2. Subsequent Monthly Loan Repayment Amount
$ 4,629.60
E.5.3. Subsequent Monthly Payments
113
E.5.4. Net Amount for Financing
$ 526,499.31
'EmecLtl useful Lila (EUL): Each man sum '¢ eyncard b perform mf¢IeMnly fora Possal ortime. An EUL lar
eaM eneyyagcienrymessum is aasgmd ayee Celfoma EnergyComm icsun (CEC).
LTC ID: 11172
25B-13
25B-14
EXHIBIT 3
On•Dlli Financing Agreement
This On -Bill Financing Agreement ('OBF Agreement') Is entered Into on
20 , (the "Effeclive Date') by and between the undersigned customertoma; an
Soudient California Edison Company CSCE°) (each a'Party," coltactively the °Paruess,10
1. Customer and SCE en(erod Into tho EnoroY IvlanagementSoluuona Inoenilvas Appil�allpn for
2. Customer owns' leases or rants the property listed In the EMS Agreement an the Site and
malntalns a service accouni(o with SCE for electric cervico. uotomer has completed
Installation of eligible energy a dent equipment ((°equipment') at the Site as set Porth In the .
EMS Agreement and has Acaapted the equipment as being operational and In good worWng
order,
3. In Decision 09.00.047, the California Publid Utilities Commisslon authorized SCE to protide
xsro pa :ent Interest financingg for the Installation of verialn energy effident equl menti which
Is to iia re old over a opealgad period through the Customers efecirlo utility b 11(s) (' On.Blll
Financing"�
4, Customer denims, to enter Into this OBF Agreement In. order to padldnate in SCC's On•Bilf
Financing prof�ram and Customer agrees to repayy SCE the Amount Financed (as defined
under "Loan Terms", below) through the Custcma a SCE ullllly, bill(a) pursuant to the terms
and cot dlt(onaaPlhlsOBP greemont,
NOW, THEREFORE, In consideration of the mutual promises and ooveninfa contained herein, the
Parties agree as follows:
Terms and Conditions
Coffnod Terms; Except as the context ollidoxise requires capltalizod terms used In this OBF
Agreement without definition shall have the same mean)ngs as are set forth In the E1v1S
Agreement
a
Loan Terms;
mount nonce aunt00
Financed'
interestRate;
0°"
Foes;
on to to ay:
-FM on symen
ams n ng Monthly Psymen a:
eryoe Account to he e t
os rata Third -Party REV351V
A00an
[ess 01 UeSignMar
a Paves:
or
' If mom then one Service Account will be billed, Information regardhig the Service Account
number and monthly payment is Iheluded In Schedule A attaohdd.
Form 14-702
0612012
25B-15
1
Promise to Pay: Customer promises to pay SCE Una Amount Financed In equal monthly
Installments as Wforth In the section above and/or Schedule A (Customer'@+ "Loan Obligailon").
The first Monthly Payment of Customer's Loan Obligation will appear width sixty (00) days from
the Effective Dato on Customer's SCE utility btil(s) for the Service Account(s) listed above.
Manner of Payment: Customer's Monthly Payment amount will appear as a line Item labeled
"EC/OBF Installment Charge" on the monthly SCE utility bllf(o) for Customer's Service Account(s),
customer may pay the Loan Obligation in the, monthly Installments or prepay the Loan
Obligation in one lump sum without penalty, but pro -payments for less than the remaining
balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly
SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation Ispaid In
full by Customer, whichever occurs first. Customer shall mako payments to SCE as dlrsoled in the
SCE utility blll(a).
Partial Payments; If Customer Is unable to male a full payment of the Loan Obligation In any
divan month, paymant arrangements may be made at SCE's eels disorotlon. Any partial
payments will be eppllbd In equal proportion to the energy charges and thq Loan Obligallon,.and
Customer will be eonaldorsd to be delinquent and In default of both the energy bill and the Loan
OblIgallcn.
Late Payments: No lato payment charges or Interest will be assessed for delinquent payments on
the Loan Obilgatem However, SCE may assess late payment charges for delinquent payments of
energy chargeo pursuant to SCE's Rule 0 Wilch Is Incorporated hdraln by reference.
Returned Payments: SCE may requlre ppaymdnl of a $10.00 Returned Check Charge for any
check returned from Customer's financial Inetllutloq uooald. The Returned Check Charge will also
apply to any forms of payment that ara subsequently dishonored,
Discontinuance of Semite: Amounts due under this OSF AgreementwUl be amounts deemed
due under each SCE utility bill to the Customeea Sarvlce Account(/}s), and'a default under this OBF
Agreement wUl be treated see default under the CustoMoea SoN G Account(s). Customer's Loan
Obligation Is subject to Bye discontinuance provisions of SCE's ROIs 11, Discgnfinuenco and
Restoration of Service, Section B, Nonpayment of Sills or Summary Bllis which is Incorporated
herein by reference.
Breach and Accolaraflon: Any breach by Customer under the EMS Agreement or this OOP
Agreement shall constitute a breach under all of the above referenced agreements, For purposes
heraln. SCE may determine the OBF Agreement to be breaded and Customer to be In default If
Customer: (-I) sells, assigns orolherwlse transfers ownership, possession or title of the Site or the
Equipment, (2) falls to pay Cie Monthly Payment amount wham due, .(3) closes, discontinues or
otherwise causes the termination of the Service.Acceunt(s), or (4) Otherwise breaches this 08F
Agreement and/or the EMS Agreement, and the breach Is not oured es speclfTed therein,
Notwithstanding anything to the contrary. In the EMS Agreement, a breach and default as set forth
In this section shall not be aubjebt to any additional trine period. Following a breach as set forth in
this section, SCE shell have the. right to declare the entire unpaid balance of the Loan Qhllgalion
immediately due and payable,
Purohaso Money Securlty interest: Customer hereby agrees that SCE may, but Is not obligated
to, file a UCC -1 ("Financing Statement") against the Equipment to secure Customer's obligation to
repay the Amount Financed. Customer agrees to execute any and all documents In connection
with the Financing Statement In order for SCE to perfect Its security Interest in the Equipment.
Customer agrees that SCE Is not waiving any of Its rights of recovery as against the Customer
should SCE elect to fila a Financing Statement,
Form 14-792
W2012
25B-16
Confession of Judgment: Customer Irrevocably authorizes and empowers SCE and SCE's
attorneys, upon breach and default by Customer as described In the preceding section, to appear
in any state or federal court In Los Angelos County, California, as Customers allomeyyan•Faot and
confess Jud mens against Customer by entry of a confession of Judgment pursuant to pode of Civil
Procodure 1132 el. seq„ or by any other appropriate means, for the full amount due plus all
Costs of calecilon, Including without limitation court coals and reasonable attorneys' fees. No
single exeralse of the foregoing power to confess judgment will be deemed to exhaust the power,
whether or not any such exercise shaft be held by any court to be Invalld, voidable, or void; but the
Power will continue undiminished. and may be exercised From time to lime as SCE may elect until
ail amounts owing under this OBFAgreement have been paid In full,
Modification: Any change to this 0817 Agreement must be In writing and signed by Customer and
SCE; excapt that during any given month, If Customer Is unable to make full payment an the Loan
Obllgatlon, payment arrangements may be made at SCE's sole dlsoretlon without modifying this
OBF Agreement In writing, Any written modification cr amendment will not be effective unless and
until signed by SCE or such condition Is wooed by SCE in Its sols and absolute discretion,.
Tenn and Termination: It la the Partlea Intent [hat the teen of this OBF Agreement and the EMS
Agreement fun ooncurrently. Therefore, the OBF Agreement shall continue In effect until the Loan
Obligation Is paid In full.
Asslgnment: NolvAthstanding anything to the contrary In this 08F Agreement, Customer may
not assign Its rights or delogele Its duties under the Agreement,
Additional Representations: Each person signing this OBF Agreement represents and warrants
that he or she Is duly authorized and has the regal capacity to execute and deliver this OBF
Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement.
Customer further represents and warrants that If It Is a legal entity, It Is In good standing In Its state
offomhatlon.
Mlacollanaous: Except as otherwise specifically provided herein, all (arms, provisions,
covenants, repreantatons, warranties, agreements and conditions of the EMS Agreement' shall
remain unchanged and In full force and effect. Should a conflict exist between this OBF
Agreement, the EMS Agreement and the documents Incorporated by reference, this CBF
Agreement shall control. This OBF Agreement shall be construed and Interpreted In accordance
with, and shall be governed and enforced In all respects according to, Iho laws of the State of
California. This 08F Agreement may be executed In one or more counterparts, each of which
shall be deemed an original but all of which shall constitute one end the same Instrument. If any
one or more of the provisions contained In this CBF Agreement shall for any reason be held robs
Invalid, Illegal or unenforceable In any respect, then this OBF Agreement shall be construed as If
such Invafld, Illegal or unenforceable tern orprovision had never been contained herein and all
other provls!ons of this CSF Agreement short bo construed to remain fully valid, enforceable and
binding on the parties. The Recitals sot forth above are hereby Incorporated heroin by reference.
[Remainder of page Intentionally left blank]
Form 14-782
0812012
25B-17
I%I'P11T%C33 NHERE0F the Parnas hwe amcured dais 03= Al reen.enl is Y the Etfertive
Dale
Customer:
Authorized Rapresentative
Title:
Signature:
Date:
Business Address,
Tsiephono No.
Fax No.
E -Mail Address::
RECOMME4IDED FOR APPROVAL
Southern California Edison Company:
Authorized Representative
Title:
Signature,
Date:
Business Address:
Telephone No.
Fax No
E -Mail Address:
ATTEST
Francisco Gutierrez, Exec. DIr. Maria D. Euizar, Clerk of Council
APPROVED AS TO FORM: (for purposes of sample form only; vAll need re -approval upon completion)
JtfHN M. FUNK
Assistant City Attorney
Form 14.914
0412016
25B-18
4
SCHEDULE A
Customer Name;
OBF Loan Number;
Wto 9ervlce
AccountRepaymont
Number
OBF Billing
BeMoaAccount
Number
iskmonthly
OBF Loan
Payment
Remalntng Monthly
OBF Loan Payments
X -XXX.
XXXX•XX
X•XXX-XXXX-XX
$XXXX
$XXX. XpermonthfarXmonths
Total Monthly Repayment
$XXAX$XXX
XX per month
foY X months
Form 14-792
0612012
25B-19
25B-20
EXHIBIT 4
REQUEST FOR PROPOSALS (RFP)
FOR
SANTA ANA POLICE DEPARTMENT
ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
FOR THE
CITY OF SANTA ANA
Santa Ana Public Works Agency
20 Civic Center Plaza, M-21
Santa Ana, CA 92701
John Aguilar / Christy Kindig
Project Manager
(714) 647-5008 Office
iaguilar(a)san ta-ana.org
cicindig(asanta-a na.org
A ptroved for Release:
KEY RFP DATES (Subject to change at discretion of City):
Issue Date:
Job Walk/Pre-Proposal Meeting
Deadline for Requests for Information:
Proposal Due Date:
Projected Award Date:
Project Completion Date
Invoice Submittal Date
Friday, August 3, 2018
Wednesday, August 8, 2018
Friday, August 10, 2018
Wednesday, August 15, 2018 at 4:00 p.m.
Tuesday, September 4, 2018
Thursday, November 29, 2018
Wednesday, December 5, 2018
City of Santa Ana RFP 18-069
2'21
V
a ff. Sweiss, PE, PLS
xecutive Director
P is Works Agency
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for this On -Bill -Financed
LED Lighting Retrofit.
Responses to this Request for Proposals (RFP) will be accepted until August 15, 2018 at 4:00 p.m. Proposals
received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any
proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date
and time.
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 18-069
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: John Aguilar
Public Works Agency;
20 Civic Center Plaza; 4th Floor Reception, Ross Annex
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.
Proposals shall NOT be sent via telegraphic, electronic or facsimile.
All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.org/bids-
rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
Failure to respond to required updates may result in a determination of a nonresponsive proposal.
City of Santa Ana RFP 18-069
222
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
TABLE OF CONTENTS
I. GENERAL
II. PROPOSAL TERMS AND CONDITIONS
III. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. PAYMENT INFORMATION PACKET
H. PRE -PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. PROTESTS
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES & SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
B. SELECTION
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VII. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VIII. PUBLIC RECORDS
IX. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
ATTACHMENT 4: ADDITIONAL PROVISIONS
City of Santa Ana RFP 18-069
26W23
0
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
I. GENERAL
Nature of Work:
The City of Santa Ana is seeking an experienced energy lighting contractor. A detailed Scope of
Work is included in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
Three hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your
proposal shall be signed by a company official with the power to bind the company and submitted to
the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm/Team Experience
25%
• Understanding of Need
20%
• Relevant Project Experience
20%
• Schedule
15%
• References
10%
• Fee
10%
The City has established a proposal review committee to evaluate proposers based on the response to
the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria
set forth above. A final score will be calculated for each submitted proposal and used to rank the
proposers.
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts
the Terms and Conditions of this RFP as described below:
A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with
the services and responsibilities required this RFP and that it is capable of effectively and
efficiently performing quality work to achieve the City's objectives. Any attachments referenced
herein or any interpretations, clarifications or amendments subsequently posted in the relation to
this RFP are fully incorporated.
B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an
Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a Proposer
is unwilling or unable to execute an Agreement within thirty (30) days after being notified of
Santa Ana RFP 18-069
25B424
selection under this RFP, the City reserves the right to select the next most qualified Proposer or
call for new Proposals, whichever the City deems most appropriate.
C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal
must be valid for a period of 120 days after the submission of the Proposal.
D. PRE -CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre-
contractual expenses incurred by Proposers in the preparation of its proposal.
E. JOINT OFFERS/SUBCONSULTANTS: Where two or more Proposers desire to submit a single
Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The City
intends to contract with a single firm and not with multiple firms doing business as a joint
venture. Should the use of subconsultants be offered, the Proposer shall provide the same
assurances of competence for the subconsultant plus the demonstrated ability to manage and
supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract
with others for work under the Agreement. The provisions of the Agreement shall apply to all
subconsultants in the same manner as the Proposer.
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information
in RFP. The City will provide only the staff assistance and documentation specifically referred to
herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibility for all services in its proposal.
The selected proposer shall identify a sole point of contact with the greatest knowledge in regard
to the required service operations and contractual matters, including payment of any and all
charges resulting from the Agreement.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited
financial statement, evidencing proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day period.
If said financial statement does not reflect full ninety (90) day operational capacity, proposer may
include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project
Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline
for Requests for Information" date noted on the cover page of this RFP. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via
addenda to this RFP, as indicated in Section IIID.
D.ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
www.santa-ana.org/bids-rfos
City of Santa Ana RFP 18-069
26E225
E. LICENSES & PERMITS
The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten
(10) business days of selection and must provide a copy to the City Project Manager or designee
prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses/permits required by the
Scope of Work.
F. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the
standard agreement within ten (10) business days after receipt of notice of award.
G. PAYMENT INFORMATION PACKET
The selected Proposer shall return a completed payment information packet within ten (10)
business days after the successful Proposer has received notice that the agreement has been awarded.
The packet is available on the City's website: www.santa-ana.org/bids-rfos
H. PRE -PROPOSAL MEETING
A pre -proposal meeting, if scheduled, will occur on the date, time and location identified on the
cover page of this RFP. The meeting will include discussion of the project scope and a question -
and -answer session. It is highly recommended that the Proposer's key team members attend this
meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as
described above in "Section IIID: Addenda".
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful Proposer and the City shall assume no liability of such
subcontractors.
J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the Project Manager, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5) business
days. If no action is taken within such time, there shall be no change to the staff determination.
The exercise by Proposer of its right to submit written concerns shall be a condition precedent to
seeking judicial review of any award of a contract hereunder.
City of Santa Ana RFP 18-069
aQe-2
266
IV. SUBNIITTAL REQUIREMENTS
A. GENERAL
1. Number of Conies and signature: Refer to Section I: General.
2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
1. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and attachments such as resumes,
forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11"
x 17". The Statement of Qualifications includes the following:
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity. Include type of
business entity.
b. Agreement Statement: Proposal shall include a statement outlining your concurrence or
concerns with any and all provisions as contained in the standard agreement attached as
Attachment 2, in the Appendix of this RFP.
c. Firm and Team Exnerience: Proposal shall include a profile of the firm's experience.
Include resumes of project team/sub-contractors that outline their technical and design
experience. At a minimum, this should include the project manager/principal agent,
associates in charge when project manager/principal agent is unavailable, key personnel,
firm size, and an organization chart identifying only those who will perform work for the
proposed project and the percentage of each individual's time devoted to this project. The
project manager/principal agent shall be the primary contact person to represent your
firm.
d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's
understanding of the scope of work. This outline should include anticipated approach,
tasks necessary for successful completion, and suggestions or special concerns that the
City should be made aware of.
e. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or
personnel have completed within the last 5 years, including significant work with public
agencies. Project information should include project description, year completed, client
name, along with a person to contact and their telephone number. Proposer shall also
provide a summary of the last 15 relevant projects that identifies the municipality that the
work was performed for, time period work was performed, and hauler recommended by
proposer.
f. Schedule: Proposal shall include a detailed schedule, with a written statement which
provides information on current workload and how this project would be accommodated.
City of Santa Ana RFP 18-069
29'27
g. References: Proposal shall include a listing of relevant projects with references for three
public entities for which Proposer has performed similar work within the past five (5)
years
h. Fee: Fees shall be included as part of evaluation criteria. Refer to "I. GENERAL", and
IV. SUBMITTAL REQUIREMENTS, B.3 FEE PROPOSAL, below. (this item not part
ofpage limit)
2. SCOPE OF SERVICES & SCHEDULE
Proposal shall include a Scope of Services and Schedule which details the work phases to be
completed, the tasks to be accomplished, the deliverables to be provided, and the schedule /
timeline to complete the project, based upon the requested Scope of Work, detailed in
Attachment 1, which is included in the Appendix of this RFP.
3. FEE PROPOSAL:
Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's
Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as
outlined in the Scope of Work.
Where fees are NOT included as part of evaluation criteria, the fee proposal will not be
opened until the proposals have been evaluated by the proposal selection committee. The
City will select the consultant based on qualifications, and then negotiate a contract price
based on available funding.
Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened
and reviewed concurrently with the proposal, and weighted per the percentage identified in
"I. GENERAL".
4. CERTIFICATIONS:
The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed
and included as part of the proposal submittal package:
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
Refer to Section I, General.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
agreement to the proposer who will provide the best quality and value to the City. City reserves
City of Santa Ana RFP 18-069
20513-28
2
the right to begin negotiations and enter into an agreement without interview or further
discussions.
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will
recommend award of an agreement to the proposer providing the best quality and value to the
City.
B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will
hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement will
begin after the agreement is fully executed, and all required bonds, insurance documents and
contents of the payment information packet have been received and approved.
VII. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents and contents of the Payment
Information Packet have been received and approved.
VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the City, and proposals will become public record
after award of agreement. Proposer information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
City of Santa Ana RFP 18-069
2SES29
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
Lighting Contractor Scope of Work
City of Santa Ana — Police Department
The Energy Network Project ID:
A38CLT11
Provided by:
TRC Energy Services
Scope of Work Developed by:
John Rossi, PE
July 23`d, 2018
25B-30
A Project Supported by The Energy Network
The Energy Network, administered by Los Angeles County, was authorized by the California Public Utilities
Commission to help eligible public agencies in Southern California harness their collective action, save energy,
reduce operating costs and protect precious resources. To expand public agency participation in utility energy
efficiency programs, The Energy Network is offering a range of free energy efficiency services to assist public
agencies with accelerating energy retrofits.
The lighting retrofit of the City of Santa Ana Police Department is being supported by The Energy Network. The
services provided as Construction Management Support are defined on a separate documented titled Roles and
Responsibilities for Construction Management Support. Please refer to this document to better understand the
relationship and role of The Energy Network Project Manager and assigned Energy Consultant.
Participation of The Energy Network is entirely at the discretion of the City of Santa Ana and The Energy Network
may modify or terminate its services based on funding availability.
25B-31
Summary of Scope of Work
Background
The City of Santa Ana is pursuing a number of lighting retrofits at several of their facilities. This
documeAt focuses on the proposed lighting fixture and controls scope of work for the Police
Department Administration Building. The Police Department Administration is a large Office
188,136 square foot facility that is city owned and operated.
The facility has a 24/1 operating profile with variable occupancy depending on the space,
creating an opportunity for significant energy savings. In addition to the interior lighting
upgrade, exterior shoe box fixture replacements are included in this scope. Detailed area by area
fixture counts are provided in the following:
• Appendix A: Police Department Lighting Inventory
Santa Ana Police Department
The following items and requirements should be clearly listed in any provided contractor bid:
MANDATORYSCOPE-LED Fixtures and Controls Product Requirements
All LED products and controls used in this project shall meet the following requirements:
a) Please refer to Appendix A below for an area by area breakdown of lighting equipment.
Contractor is responsible for verifying all Appendix A information before ordering or
installing equipment.
b) All LED fixtures shall be found on the current DLC qualified product list. All LED lamps
shall be found on the Energy Star product list.
c) All interior retrofit spaces will be fully Title 24 lighting power density (LPD) and
controls compliant. Including but not limited to, occupancy sensors, daylight harvesting,
and tuning controls. The lighting controls for the mandatory scope shall be stand alone.
d) Interior LED Fixtures shall have correlated color temperatures (CCT) of 3000K to 4000K
and attempt to match existing scheme. LED Lamps shall be handled in the same way.
e) All fixture replacements (and retrofit kit applications) will be like for like. With the
following exceptions, the indirect pendant (primarily in open office space) fixtures and
indirect/direct pendant fixtures will be replaced with pendant direct fixtures.
f) This lighting upgrade is primarily a 1 for 1 replacement. However, the contractor is
responsible for ensuring final layouts, configuration, and lighting performance meets the
city's needs.
g) All proposed fixtures shall be capable of dimming with a 0-10V signal.
25B-32
h) Fixture integrated smart sensors are to be used where ever possible and reasonable. If an
integrated sensor is not feasible, a zone based sensor/control may be utilized. Battery
powered zone controls are not acceptable, power must be hardwired.
i) Sensors shall be capable of detecting small hand motions, such as writing at a desk or
wiping a surface, and sensors shall be able to cover the entire area at each location
described herein.
j) Any sensing technology that may cause auditory discomfort for occupants with or
without hearing aides or for guide dogs will not be accepted.
k) Photosensors shall be fully functional between the range of 2 and 200 foot-candles.
1) Existing lighting zone controls will be replaced (or removed) as needed with new and
will not be abandoned in place. This includes existing occupancy sensors, wall
switches/dimmers, and any existing photo -controls.
m) Exterior LED Fixtures shall have correlated color temperatures (CCT) of 4000K.
n) All products shall be specified such that they can operate correctly based on the
applicable circuit service voltages and with applicable mounting requirements.
o) Exterior fixtures shall have ingress protection (IP) ratings of 65 or better.
p) Exterior fixtures shall come equipped with automatic bi-level, integrated occupancy
sensors.
ADD ALTERNATE SCOPE —Wireless Advanced Lighting Controls System
The responding contractor is to provide a separate cost, which is in addition to mandatory
lighting fixture replacement and controls project, for the installation of a brand new wireless
advanced lighting controls system (ALCS). The ALCS shall meet the following requirements:
a) Title 24 controls compliance to be accomplished with a new, wireless, advanced lighting
controls system (ALCS). The ALCS will be comprised of several different zone and
fixture integrated sensors, which feed data wirelessly via gateways to a central lighting
management system. The integrated smart sensors and zone sensors will be able to detect
changes in occupancy and ambient lighting, and relay information to the central system
and/or smart wall switch. Smart wireless wall switches can communicate directly with
fixtures to perform a number of local controls. The ALCS will also include a graphical
front end that can either be hosted locally or on the Cloud (Santa Ana discretion). It will
allow for a variety of system wide, zone or fixture specific controls and reporting
capabilities.
25B-33
b) The contractor shall supply all adapters, controllers, gateways, routers, smart light
switches and any other part of the lighting controls infrastructure, new and free from
defects.
c) The new ALCS will be BACnet enabled. The awarded contractor will be tasked with
working with Santa Ana IT to ensure all necessary permissions and server access are
obtained.
d) The existing Lithonia Lighting controls system shall be demolished. The current system
is effectively acting only as a time -clock.
e) The contractor shall fully commission the ALCS and provide staff training.
f) Wireless controls signals shall adhere to 802.15.4 wireless protocol with AES -128
encryption, or equivalent network security.
g) Maximum time delay adjustment shall be 30 minutes.
h) Sensors shall be capable of continuously dim fixtures and allow for user defined light
level tuning in the EMS.
i) The system will have the ability to program the on/off schedules for each lighting area.
General Requirements
The following should be clearly stated in and/or provided with all bids:
a) Contractor shall provide copies of a valid California C-10 Electrical license at a
minimum.
b) Prevailing wage labor costs to be used for project implementation.
c) All scheduling of work shall be done through the City's project contact.
d) Contractor shall commit to project construction completion and delivery by
November 29th, 2018. Project invoices must be provided to City Project Managers
by December 5, 2018 at 3:00 pm at City Hall, in the form attached as .
Any work not completed by that date, is not guaranteed to receive payment, any
exception to this completion date must be in writing and can only be provided by
Santa Ana city staff.
e) All work performed shall meet or exceed any applicable electrical code requirements,
including the installation of emergency powered fixtures in applicable areas.
25B-34
f) Equipment and materials specified by contractors shall conform to the standards of UL,
ASTM, NEMA, ANSI, and ETL. Base materials shall be ASTM and/or ANSI standards.
Electrical manufactured apparatus furnished under this section shall conform to National
Electrical Manufacturer's Association (NEMA) standards and shall bear the Underwriters'
Laboratories (UL) or Electrical Testing Laboratory (ETL) label where such a label is
applicable.
g) Contractor to provide project references for recently completed lighting upgrades which
included lighting fixture replacement/retrofit and lighting controls.
h) The chosen contractor will be required to register with Southern California Edison as a
Trade Professional (Trade Pro). Directions to register can be found at:
https://sceonlineapn.com/CAASunport/Default.aspx. Please note that contractor will
NOT be required to produce a Project Feasibility Study or Energy Efficiency Project
Influence Job Aid.
i) Any existing electrical code violations relevant to systems being retrofitted shall be
brought to the attention of the City once discovered.
j) Clean-up, removal of old equipment, and/or recycling fees are to be included.
k) Contractor must meet appropriate insurance and bond requirements outlined by the City.
1) Any other cost of business fees/expenses associated with performing City work are to be
included in the bid.
m) Provide factory start up, commissioning, and training (primarily focused on ALCS) to
ensure proper functionality of new lighting equipment and controls.
n) All work shall be warranted against defects in material and workmanship for a period of one year
from the date of acceptance. Any applicable warranty information beyond this should be stated
and provided upfront.
o) The contractor is required to provide a detailed and itemized invoice that clearly states
the quantity of each fixture installed. Additionally, the invoice shall show a breakdown of
material, labor, tax, shipping, and any other applicable project costs.
p) It is the Contractor's responsibility to submit a final version of the Lighting Inventory,
Attachment A in parallel with the submittal of the Cost Proposal. Any revisions required
to the Scope of Work must be clearly indicated in the final Lighting Inventory and
reflected in the Cost Proposal. The final Lighting Inventory Table serves to inform the
Agency.
25B-35
q) Contractor will be compensated for work performed and fixtures installed prior to
December 2151, 2018 deadline. Additionally, any increase on the Base Price due to larger
inventory will require written approval by the Agency and will follow procedures set
forth for change orders. Any decrease on Base Price due to smaller inventory will result
in a lower Base Price to the Contractor.
r) The Contractor shall conduct all work between in the time window established after the contract
is awarded.
s) The Contractor shall comply with safety requirements and practices as outlined in accordance
with Agency requirements and California Occupational Health and Safety Administration
(Cal/OSHA).
t) The Contractor shall do all that is necessary to maintain a safe working environment for
Contractor's employees, Agency and facility employees and the general public present.
u) The Contractor shall work with the Agency facility staff to understand and abide by any site-
specific security procedures.
v) The Contractor shall clean up any construction dust, dirt and debris from work surfaces or
equipment after work is completed each day and prior to occupancy.
w) The Contractor shall be very careful to leave the facility with no damage to its structure, contents,
existing finishes, and with no evidence of cutting or patching, and with all fixtures and lenses
cleaned.
x) The Contractor is responsible for securing all necessary permits, including Title 24 energy code
documentation and compliance permit, and shall abide by local laws and regulations.
y) Prior to ordering of equipment and fixtures, Contractor is to verify fixture quantities, types and
installation needs, including specifying equipment that complies with existing electrical
service. Final project invoice price will be based upon the quantity of each fixture type installed
multiplied by the unit price for that fixture.
25B-36
SCE Sample Invoice - Customized Solutions
Vendor Name
&Address
Customer Name
&Address
Itehrvzedbslof
egoipmentNlrh
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Make, Teal
Desailkon &
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25B-37
Ipurchase Dale
Indicate
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If Vendor is
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Joe Smith Comiumy
123 East Main Street, Anylown, CA 90000
Tel: 123.456.7898 Fax: 123.456.7899
Sold To:
Invoice:
Name
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2'1910
Address:
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Tax
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Total After Rebate
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PAID
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25B-37
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Responsibility Matrix
Construction
Secures Construction Permit
5
P
Prepares Construction Schedule
R/A
P
Perform Construction
P
Submittals/CDs and RFIs S
R/A
R
P
Review & Approve Invoices
P
Process Invoices
P
Inspection of Work
P
Supplemental Work/Change Orders S
P/A
S
P/A
Prepare Meeting Agendas/Minutes
P
Attend Project Meetings S
P
S
P
Develop Punch Lists 5
P
R
Correct Punch List Items
R/A
P
0&M Manuals and Training S
R/A
5/11
P
Final Inspection
P/A
P
Acceptance
P/A
Lighting/Mechanical As -Built
5
R/A
S/R
P
Commissioning
Startup Checklists
R
R/A
S/R
P
Functional Performance Test Procedures
R
R/A
S/R
P
Startup Documentation
R
R/A
S/R
P
Functional Performance Tests
R
R/A
S/R
P
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Appendix
ATTACHMENT 2
STANDARD AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 201_ by and between
'a [insert type of business: sole ownership entity, LLP, etc], (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of energy
efficiency lighting services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant 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
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
This project is funded by Southern California Edison (SCE) cash incentives and On Bill
Financing. By submitting a bid, the bidder agrees, if awarded the contract, to finance the cost of the
project and to be paid directly by SCE. If the final cost of the project exceeds the total of SCE payments,
the City shall pay the difference to the awarded contractor.
3. TERM
This Agreement shall commence on the date first written above and terminate on
201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended upon a writing executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
25B-49
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 Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant 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.
5. 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 Consultant
under this Agreement ("Documents & Data"). Consultant 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. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant 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
Consultant'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.
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, Consultant, if Consultant 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, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
25B-50
d. If Consultant 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 Consultant pursuant
to this section:
(i) Consultant 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 cancelled
or reduced in coverage or changed in any other material aspect, by
consultant, without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to Punish 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 Consultant's right
to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, 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 Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section I of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Consultant'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 Consultant.
25B-51
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 Consultant to the City pursuant to this Agreement.
«;9
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant 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.
Consultant 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 Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant 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 Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
IL CONFLICT OF INTEREST CLAUSE
Consultant 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 in Certifications,
Exhibit C, attached hereto and incorporated in this Agreement by reference.
12. 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
25B-52
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
, Exec. Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-XXXX
To Consultant:
, City Attorney
City Attorney's Office
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant 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 are not
embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant 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
25B-53
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. DISCRIMINATION
Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit
C, attached hereto and incorporated in this Agreement by reference.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of Califomia. 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.
18. PROFESSIONAL LICENSES
Consultant 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. Consultant 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.
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. 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,
25B-54
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Name of Attorney
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Name
Executive Director — (Agency)
CITY OF SANTA ANA
Raul Godinez II
City Manager
CONSULTANT:
(name)
(title)
Tax ID#
25B-55
EXHIBIT A
SCOPE OF SERVICES
25B-56
EXHIBIT B
FEE PROPOSAL, including hourly rates
25B-57
EXHIBIT C
CERTIFICATIONS
25B-58
APPENDIX
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC 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 refrain 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 shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false
certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20_, by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
25B-59
APPENDIX
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
The prospective participant certifies, by signing and submitting this 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.
Firm
Signed and Printed Name:
Title
Date
25B-60
APPENDIX
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. 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.
5. 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 for 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 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
25B-61
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 subconsultant 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 subject
to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
25B-62
EXHIBIT D
ADDITIONAL PROVISIONS
25B-63
25B-64
EXHIBIT 5
AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE
CITY OF SANTA ANA POLICE DEPARTMENT
THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between
MarketingPower, Inc. dba Energy Retrofit Co. ("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 3, 2018, the City issued Request for Proposal No. 18-069, by which it
sought a contractor to provide and install advanced energy-efficient lighting
fixtures and controls at the City of Santa Ana Police Department Administration
Building.
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 RFP No. 18-069.
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 contracting 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 the services that were described in the scope of work that was
included in RFP No. 18-069 and as more specifically delineated in Contractor's proposal, which
is attached as Exhibit A and incorporated in full.
2. COMPENSATION
a. Contractor agrees to accept as total payment for its services under this Agreement,
the rates and charges identified in Exhibit B. The total sum to be expended under
the term of this Agreement, including any extension periods, shall not exceed
$656,847. This sum is comprised of (1) the Contractor's estimated project cost of
$632,328, and (2) an approximate 4% contingency in the amount of $24,519 for
additional services at the City's sole discretion.
b. Contractor agrees to accept full payment for all services under this Agreement
exclusively through the (1) "On -Bill Financing" Program and (2) Energy
Management Solutions Incentive that have been separately established and
approved between the City and Southern California Edison. The payment
Page t of 8
25B-65
obligations established through these means are intended to and shall survive
expiration of this Agreement.
3. TERM
This Agreement shall commence on the date first written above and terminate on December
28, 2018, unless terminated earlier in accordance with Section 17, provided, however, that
Contractor shall complete the project in its entirety on or before November 29, 2018. All project
invoices must be provided to City Project Managers by December 5, 2018 at 3:00 p.m. Any work
completed after November 29, 2018 shall not be guaranteed to receive payment.
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 to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRATOR
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
Page 2 of 8
25B-66
Documents & Data. 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
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
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,
volunteers and representatives as additional insured(s); (b) be primary 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 California 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.
Page 3 of 8
25B-67
(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 cancelled
or reduced in coverage or changed in any other material aspect, by
Contractor, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
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. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, 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 or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal 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 of, pertain to, or relate to the negligence, recldessness, or willful
misconduct of Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
Page 4 of 8
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement.
10. 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.
11. 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.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. 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:
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25B-69
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
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
To Contractor: Energy Retrofit Co.
27363 Via Industria
Temecula, CA 92590
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
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate 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 are not embodied herein.
15. 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
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25B-70
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.
ITWIMIRIAMM",
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.
EfI�IMJ.It'z 10,14 Y to)0
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive compensation for all services
performed by Contractor prior to receipt of such notice of termination, subject to the following
conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JMSDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
Page? of S
25B-71
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: Ni
J6J& M. Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Fuad S. Sweiss, PE, PLS
Executive Director
Public Works Agency
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
CONTRACTOR
Name:
Title:
RECOMMENDED FOR APPROVAL
David Valentin
Chief of Police
Santa Ana Police Department
Page 8 of 8
25B-72
Exhibit A
O1 1 �
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ENERGY
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RETROFFT CO.
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Table of Contents
I. Cover Letter and Comganv Overview.................................................................................2
II.
Important Company Facts...................................................................................................3
Ili.
Agreement Statement ..........................................................................................................3
IV.
Understanding of Need........................................................................................................3
V.
Profile of Services (Firm and Team Experience)...............................................................4
A.
Audit Services.................................................................................................................................4
Ray Walker, Senior Project Manager— Southern California...........................................................9
B.
Lighting Design...............................................................................................................................5
Safety..................:.................................................................................................................9
C.
Installation.......................................................................................................................................6
D.
Management of Utility incentives....................................................................................................7
Error. Bookmark not defined.0
E.
System Maintenance......................................................................................................................7
XI.
VI.
Key Executives & Technical Staff.......................................................................................8
A. Chris Kirchwehm, President............................................................................................................8
B.
Erica Inderwick, Senior Vice President...........................................................................................8
C.
Matt Kirchwehm, Operations & Sales Support................................................................................8
D.
Craig Kilby, VP of Sales, Business Development...........................................................................8
E.
Ben Van Etten, Senior Project Manager— Northern California.......................................................9
F.
Ray Walker, Senior Project Manager— Southern California...........................................................9
VII:
Safety..................:.................................................................................................................9
VIII.
Awards .................................................................................,......................................9
IX.
Relevant Project Experience .................................................
Error. Bookmark not defined.0
X.
Project Case Studies........................................................................................................111
XI.
Schedule
...........................................................................................................................115
XII.
References........................................................................................................................115
�ENERCGY RETROF9T Co.
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I. Cover Letter and Company Overview
Attached you will find our bid and submittal package for your RFP No. 18-069 Santa Ana Police Department
Energy Lighting Retrofit project.
Since 2008, Energy Retrofit Co ('ERG") has provided design, engineering, construction, and maintenance of
lighting systems for commercial, institutional, industrial, municipal, agricultural, health care, educational, and
food and beverage processing facilities. ERC is a member of the DLC Energy Consortium and US Green
Building Counsel and is a licensed California Electrical and General contractor. We are also California Title 24
Acceptance Testing Certified.
We take pride in our reputation for providing quality work and service. We have installed projects for over
10,000 different customers throughout the state of California. Our highly trained and skilled staff operates as a
team: from job -dedicated Project Managers, Estimators, and construction crews, to Certified Energy Managers,
LEED Professionals, Title 24 Certified Inspectors. Our technicians are company employees, not subcontractors
— assuring that you will receive the very highest level of quality and control on yourjob. We are driven to provide
our customers with lighting solutions that optimize energy savings at the very lowest possible cost.
Our business philosophy promotes quality, honesty, value and teamwork. We create a proven team approach
throughout the design and construction process on every project. Our experience has demonstrated that this
process increases communication and improves productivity and quality of construction, while saving our
customers both time and money.
ERC prides itself on the numerous awards that it has received from California's top utility companies, and we
are proud of our top-rated safety program, and our industry-leading sustainability initiatives.
Selecting a qualified lighting services contractor is an important decision for any customer, since the project
they produce will be in service for years to come. As you evaluate potential contractors, you may begin to think
that all firms are the same. We are confident that if you look closely you will conclude that ERC is the most
qualified, while also offering the very best pricing in the industry.
Sincerely,
9_/�
Chris Kirchwehm
President
Marketing Power Inc dba Energy Retrofit Co.
Business Entity: S Corp
ENERGY REfROFFT CO.
25B-75
II. Important Company Facts
Legal Name & Address
Marketing Power Inc. dba Energy Retrofit Cc (ERC)
27363 Via Industria
Temecula, CA 92592
Contractor Licensing
California — Class C10 (Electrical) and Class B (General)
License 0924719, Expiration 2019
Insurance Coverage
Umbrella Liability
Umbrella Liability
General Liability
General Liability
Workers Compensation
Automobile Liability
Bonding Ability
Individual Project
Total Bonding Capacity
$5,000,000 (Each Occurrence)
$5,000,000 (Aggregate)
$1,000,000 (Each Occurrence)
$2,000,000 (Aggregate)
$1,000,000
$1,000,000
$25,000,000
$100,000,000
Certifications
California Certified Lighting Acceptance Technician — TC•A813924
TEED AP ID&C
Small Business ELBE / SLBE — Supplier No. 1792774
Lighting Design AGI32 Experienced
Southern California Edison — Midstream Supplier Approved, Registered Trade Professional
Pacific Gas & Electric — Midstream Supplier Approved, Registered Trade Professional
San Diego Gas & Electric - Registered Trade Professional
III. Agreement Statement
We concur with all provisions as contained in the standard agreement attached.
IV. Understanding of Need
See attached Scope of Work Letter in Exhibit A
0EtvErzGv RErrzorri Co.
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V. Profile of Services — Firm and Team Experience
Most facilities have lighting systems that were installed based predominately on °lowest upfront costs° versus
°life -cycle costs," While this might help make a building less expensive to build, these systems are generally
very Inefficient and expensive to operate. Over time, many facilities have upgraded their lighting systems to
newer, more efficient systems that, at one time, featured the latest and greatest fluorescent lighting technology.
These systems offered energy saving Improvements over the old system, but they still had a relatively short
rated life and required expensive maintenance.
The great news Is that lighting technology has advanced rapidly In the past few years. New solid-state LED
lighting, together with innovative sensors and controls, make for a no-bralner improvement at almost every
facility. Dramatic product price drops combined with extreme advances In industry technology allow most
facilities to find a lighting solution that actually pays for itself. The economics of a new LED lighting solution has
reached the peintwhere waiting for further advancements actually decreases the potential lifetime savings. The
biggest challenge for most customers is navigating all of the possible solutions to find the best lighting system
for their facility. Making an incorrect decision can lead to sacrificed light levels or low -quality lights that were
cheap to purchase, but expensive to maintain in the long run,
With over 10,000 projects under our belt, we know lighting —thats all we do, Our award-winning team can
analyze your facility and,prepare a proposal that will give you a state-of-the-art lighting system that is designed
for maximized energy savings, the absolute longest life, and Improved lighting levels for your facility. Our step-
by-step process for reaching this goal is described below.
A. Audit Services
The service we provide frequenfly begins with an energy audit of the facility. This service Includes the
following:
• One of our experienced Ilghting auditors visits the site and conducts a physical inspection of the facility.
The accuracy and completeness of the Information collected during this phase Is crucial to assist our
design team In developing accurate energy calculations and scope of work.
• The facility type and utility program may determine specific auditing guidelines, but in most cases the
following information Is collected during the audit phase:
o Itemized counts of all existing fixture types and wattages
o Pictures of each fixture and lamp types for existing fixtures
o Equipment requirements for safe installation (ladders, lifts, etc.)
o Electrical company, current kWh rate, and demand charges
o Existing lighting controls, dimming, and emergency backup systems
o Current and projected operating hours for each area to be upgraded
o Any additional pertinent Information noticed during the audit — this may vary from building to
building
• Finally, our auditors will consult with representatives from the facility to determine the clients goals and
expectations. We will educate the client on diverse options and capabilities of the latest in LED Lighting
technology,
Y4 FNERGr Rr-rRciMT M
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B. Lighting Design
Our company offers lighting design services for every project. This step of the process is critical and
features the following:
• Our design team will thoroughly review the information collected by our auditor so that we can better
understand the existing lighting system.
• Upon review, we will prepare a proposal to provide the client with a detailed financial analysis and our
recommended LED lighting & controls to be installed.
Our team will design one or more options based on the following general guidelines and/or goals for
each facility;
o Match or improve current light quality and output
o Specify LED retrofit kits where possible and new LED fixtures when retrofit kits are not the
desired option.
o If operating hours are extremely low, or the fixture cannot economically be replaced with a new
fixture or retrofit kit, we will typically specify 'Type A" TLED lamps with new ballasts.
Our process includes design of the proper lighting controls
technology. This step is frequently overlooked by many
competitors, but it has been shown that when properly designed
and installed, lighting controls can reduce buildings' energy use
by an additional 24-38%. Our process Includes the use of
occupancy, daylight, and dimming controls when appropriate.
We have our own in-house CALTCP certified Acceptance
Technician to ensure that the system complies with state or
local energy codes.
If a customer has specific illumination standards that must be met, we have in-house ability to design a
system based upon accurate photometric predictions for light levels.
o ERC's certified lighting designer utilizes AGI32 Lighting Software, the industry standard for
accurately calculating both interior
and exterior light levels.
o The customer's existing lighting
fixture schedule along with CAD
drawings are collected, and the
information is then input into the
AGI32 software. The software
M
allows our designer to simulate the
new Illumination levels with the
proposed LED fixture.
Our designer can then select the
appropriate LED fixture that
produces the Customers required foot candle measurements.
• Value Engineering is a key component of our process. We believe there is always great opportunity in
the LED lighting to identify materials and construction techniques to reduce project cost without
compromising the quality, aesthetics, or reliability of the new LED system. Our design team works
ENERGY RETROFIT CO.
25B-78
closely with purchasing to ensure we are recommending the most efficient LED lighting technology from
proven suppliers.
Prior to completion, our design team will review the final proposal to ensure that the following details
have been clearly articulated;
o Total project cost for a °tum -key' LED upgrade.
o Utility company rebates and Incentive amount where applicable.
o Existing and New fixtures wattages, and annual energy costs.
o Annual energy 8 maintenance savings calculations for each individual fixture type and fixture
location throughout the facility.
o Return on investment (R01), as an annual return on capital invested.
o Lighting Service Agreement (LSA) payment and cashfiow calculations.
• A meeting will be scheduled to review the final proposal (s), and adjustments can be made to complete
the client's project requirements and objectives.
C. Installation
We always offer a turnkey installation process with every project. With over 10,000 projects installed to
date, we know how to safely install a project in every type of setting. Our goal is always to install the project
without the customer ever knowing we were even there. Our process for installation includes the following:
o Pre -Installation Process
• Upon receipt of the Notice to Proceed from the customer, we will hold a planning meeting to ensure that
the project is set up for success right from the start. This planning meeting will include final notes from
the audit, information gathered from the customer, for example — best time to perform work, where
materials can be stored, building priority, rules for working at the facility, etc.
• The fixtures will be ordered, and our plan will be clearly communicated to the site contact. We will send
several emails detailing when the fixtures are expected, when we plan to install, where we will be
starting, etc.
o Installation Process
• Our technicians will work In teams of two to four per team. Each team will
make sure that all fixtures and sensors are operational prior to leaving the
room. Our technicians are company employees, and not subcontractors.
• The work will be performed during off -shift hours at whatever time is best for
the customer.
• The crew will clean as they go and it will be their plan to leave each room
without evidence of having been in the space. They are detailed and
thorough in their cleaning of the space prior to moving on to the next rooms.
• The Interior areas will all be completed before starting the Exterior fixtures.
o Post- Installation
• After the installation has been completed, we will ask the customer to conduct a post installation
verification walk with the lead supervisor. During this time, both the customer and ERC representative
can identify whether or not a punch list is required and/or if the project can be signed off as complete. If
a punch list is required, our team will work diligently to complete these action items and report back to
the customer once they have been wrapped up.
ENERGY RE-rROFlT Co -
25B -79
• After all punch work is complete, our Supervisor will provide a detailed hands-on Training Session for
the customer so that everyone understands how the system works, and how to modify settings on the
Sensor Controls,
• Our Supervisor will also leave behind copies of warranty and installation Instructions for each of the
different fixtures and sensors that have been Installed on the project
D. Management of Utility Incentives
ERC Is a registered Trade Professional with each of California's Utility companies and has dedicated
personnel on staff to manage the various utility rebate and incentive programs that are available throughout
the slate. ERC Is familiar with such programs and the rules and requirements for each —this is critical as
these program rules are constantly changing and can dramatically affect the rebate that is obtained (or lost)
for a given project. Our team will work closely with the utility company to review all product details, such as
verifying that all products comply with the appropriate qualifying list (DLC, Energy Star, POL, etc.) for the
rebate program in the area. We will also ensure the rebate paperwork is collected and filled out properly and
that submittals are made In a timely manner.
In addition to the local rebate and Incentive programs, ERC has a dedicated staff that is available for On -Bill
Financing processing. This includes, but is not limited to, completing the OBF applications and OBF
supplemental worksheets, having knowledge of customer eligibility, understanding loan limits and terms,
and most importantly— knowing how to navigate the utility company process for these OBF loans.
ERC is the recognized leader in California for knowledge of rebates, incentives, and OBF loans. This
knowledge is critical as it can lead to 'found money' for projects, where no rebate was thought to exist
Equally important, the expertise is critical to ensuring that every customer receives the full rebate that is
available for a lighting project being planned.
E. System Maintenance
We provide warranty service for every project we install, and our team Is always ready to provide this
service should a client find that a fixture has failed. We typically provide 46 -hour service for these warranty
Issues. We can also provide a quote for a plan that features an extended warranty for any customer that
prefers to never have to worry about lighting maintenance in the future. This approach allows the customer
to focus on the more pressing areas of their business, while we ensure their lights are always working.
ENERGY REmoFri Co.
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VI. Key Executives & Technical Staff
A. Chris Kirchwehm, President
Bachelor of Arts, UC Irvine
American Lighting — VP Sales & Marketing 2003-2008
Energy Retrofit Co. 2008 -Present
o President and Principal
o Oversees all aspects of sales and operations
o Responsible for lighting retrofit projects in excess of $30M
o Intimate knowledge of CPUC guidelines for energy projects and all CA incentive programs
o Actively maintains relationships with wide variety of manufacturers for CA utility qualified
LED products
o Maintains product standards for ERC in compliance with Title 24, DLC, Lighting Facts and
Energy Star requirements
B. Erica Inderwick, Senior Vice President
Bachelor of Science, Azusa Pacific
American Lighting —VP Operations 2001-2015
Energy Retrofit Co. 2015 -Present
o Senior Vice President
o Responsible for complying with all utility program requirements
o Ensure compliance with all safety and installation requirements
o Provide customer interface forjob scheduling, warranty issues and general customer
satisfaction
o Maintains a clear understanding of prevailing wage requirements in accordance with 2015
CA DIR standards
o . Manage rebate process and ensure highest possible rebate is obtained
C. Matt Kirchwehm, Operations & Sales Support
• MBA, University of Phoenix
• Bachelor of Arts, Business, UCSD
• CoStar Commercial Real Estate
• Energy Retrofit Co. 2008 -Present
o Operations & Sales Support
o LEED Green Associate
o Title 24 Certified ATT
o Works with suppliers and customers to ensure all technical requirements are met
D. Craig Kilby, VP of Sales, Business Development
• Bachelor of Science, Electrical Engineering —Virginia Tech
• 25 Years Sales & Management Experience —10 Years In F1000 Companies
• Energy Retrofit Co.
• Manage Sales Team of 12-15 Outside Sales Reps
• Intimate knowledge of Lighting Applications & Custom Solution Development
• Responsible for Sales Enablement, Training, and Sales Processes
o Manage eCommeroe Operation
ErvERry RE-rR®Frr 00.
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2011 -Present
E. Ben Van Etten, Senior Project Manager— Northern California
American Lighting, VP Operations 2001-2008
o Responsible for all crews and all large projects
City of Bakersfield, Lead Electrical Tech 2009.2017
o Led effort to install 15,000 City Street Lights
Energy Retrofit Co. 2017 -Present
o Certified Journeyman Electrician
o Leads & supervise large scale projects with focus on Schools & Government jobs
o Extremely familiar with all aspects of electrical wiring and electrical code requirements
o Extensive experience with Public Works and Government code projects
F. Ray Walker, Senior Project Manager - Southem California
Energy Retrofit Co. 2008 -Present
o Certified Journeyman Electrician
o Leads and supervises large scale projects
o Extremely familiar with all aspects of electrical wiring and electrical code requirements
o Extensive experience working on public works projects specifically 02 and higher
education facilities Including DSA Inspeotions
o Familiar with all types of lighting applications
VII. Safety
ERC's staff are fully trained In all aspects of safety principles. The company has Implemented an Injury Illness
Prevention Pian (IIPP) concerning daily work activities and potential hazards for all company employees. The
corporate IIPP manual provides all employees with detailed descriptions of typical scopes of work, instructions
to safety carry out each task associated with Individual work assignments, and preventive measures necessary
to complete the.work assignments In a productive and safe manner.
Safety for Its employees is one of ERC's core concerns. With a comprehensive and detailed safety plan (IIPP),
job -site safety meetings, a policy of rewarding employees for continued safety training and our requirement that
all core foremen receive 30 hours of OSHA training, ERC's safety policies are realized from the top down, ERC
Is proud of its current EMR rate of ,76.
VIII. Awards
The company has a long and proud history of success in California. ERC has received numerous awards from
California's top Utility Companies. A partial list of these awards includes the following:
• Southern California Edison:
o IN Place — Highest kWh and kW Energy Saving's Contractor
o Greatest Number of Controls Installed
• Pacific Gas & Electric:
o Top Performer— Total kW & kWh Savings —Area 2
o Top Performer— Total kW & kWh Savings — Large Commercial Office
o Top Performer— Total kW & kWh Savings— Fabrication
o Outstanding Achievement— Total kW & kWh Savings — Overall PGE Territory
o Outstanding Achievement—Total kW & kWh Savings—Areas 1, 5, & 6
o Outstanding Achievement— Total kW & kWh Savings — Fabrication
+'ENER13Y RE.TROFFT Gp.
25B-82
IX. Relevant Project Experience
AUTO DEALERSHIPS
COMMERCIAL & INDUSTRIAL
SCHOOLS & COLLEGES
Commonwealth Audi
Canon USA
Poway USD
Mercedes of San Diego
General Atomics
San Lorenzo USD
Lexus Escondido
Under Armour
San Bruno USD
Kearney Mesa Acura
FedEx
Rialto USD
Newport Beach Lexus
CBRE
Pajaro USD
Penske Auto
Irvine Company
Jones Lang LaSalle
Robert Half Intemational
Orangewood Elementary
Edison Middle School
Calvin Christian School
GOVERNMENT & MUNICIPAL-'
California Highway Patrol
Buena Park Ubrary
Lockheed Martin
St Joseph High School
Anaheim Convention Center
Trane Corporation
Escondido Christian
City of Temecula
Sierra Pacific Properties
Frito-Lay
Penske Automotive
Marin County High School
Foothills Christian High School
Saint Joseph Academy
HOSPITALITY & RETAIL
Hyatt Aventine
Oakland Airport Hilton
Trader Joe's
Christ Lutheran Elementary
Palm Springs Marriott
Pell Development
Dover Elementary
Sacramento Double Tree by Hilton
Electrolux
Sierra Charter
Wyndham—Irvine
Goodyear
Richland USD
Hilton Arden West
General Mills
Bishop O'Dowd High School
Ba air Center Mall
Hitachi
Sutter Home
Quaker Oats
River Delta USD
Bellermine College Prep
Coleman University
HOSPITALS & HEALTHCARE '
Scripps Health
Sharp Community Medical Group
Del Monte
Santa Sophia School
Abbott Laboratories
Hitachi
San Bruno USD
Dr Leads Dentistry
ING
Pottery Barn
San Diego Zoo
Cottonwood Charter
Coast USD
River Della USD
'OTHER - .' :.. "
Solana Beach Presbyterian
Sunbelt Parking Lot
North San Diego Association of
Durham USD
West Pointe Shopping Mall
Realtors
KIPP College Prep
River View
Sperry Commercial
Santa Rosa Junior College
Winepress
Wilsons Creek Winery
UCSF Neurosciences Institute
Ralnin Instrumental
Nanosys Inc.
Oak Manor Elementary
Rabobank
Hunter Industries
Laney College
Fitness Evolution
Atlantic Power Corp
Antelope Valley School District
World Gym
Paperwork Industries
University of Phoenix
Storage West
American Sports Center
Del Mar Pines
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And Many Others.......
25B-83
10
X. Project Case Studies
Poway Unified School District
3776 Annual Energy Savings
PROJECT DESCRIPTION
This project was installed for the Poway Unified School District in Poway, California from 2014 - 2016. ERC worked
as a subcontractor for Bamham Construction and together the companies won a bid RFP that was valued at $1.5M.
The project featured funding from California Prop 39, as well as significant rebates from SDG&E.
SCOPE OF WORK
Project Images
✓ Designed and installed new LED lighting for two elementary and two high schools in the PUSD.
✓ The retrofit solution included the replacement of all HID and Fluorescent technology with LED.
✓ CREE LED troffer fixtures, CREE Bi -Level wall packs, LED Can retrofit kits, LED Type.A Tubes with new
ballasts, and CREE Area Lights.
✓ Installation of low voltage 0-10V dimming controls in all classrooms and offices.
✓ Overall reduction of 37% in energy use.
✓ Overall project cost= $1.6M.
PROJECT CHALLENGES & SOLUTIONS
✓ The District stated it was important that the new dimming controls technology be easy to use by the school
room teachers and the school staff.
✓ Our Team designed a Lighting Controls Solution that included occupancy sensors, controls, and dimming
technology that were easy to use by the staff. ERC offered a commissioning process which featured both
training for the staff as well as system setup in each room.
✓ Low Voltage 0-10V dimming controls were designed to ensure that dimming circuit #1 controlled the two
fixtures directly in front of the classroom projector screen, whereas the balance of the fixtures in the
classroom were controlled by dimming circuit #2.
E@dERGY REfROFFT Ca
11
UTC Aerospace
55% Annual Energy Savings
PROJECT DESCRIPTION
UTC Aerospace awarded a design -build contract to install new LED lighting to improve safely in the °high traffic°
areas surrounding the exterior areas on their 18 -acre Riverside campus. Because of the dramatic improvement in
exterior lighting, UTC management requested that ERC perform additional upgrades in critical interior work
environments, including the Airbus airplanes assembly building.
Pro)ect Images
SCOPE OF WORK
✓ Designed & installed new LED lighting throughout the campus.
✓ The retrofit exterior solution included the replacement of all High -Pressure Sodium lighting with LED
✓ Lighting design software (AGI32) was used to ensure that new lighting would be significantly improved in all
areas
✓ New LED High Bay Mures were installed to replace T5 Fluorescent in the Airbus assembly building
✓ Overall reduction of 55% in energy use.
✓ Total project cost = $550,000 (additional work ongoing)
PROJECT CHALLENGES & SOLUTIONS
✓ The outdated High -Pressure Sodium lighting offered poor light quality and coverage. UTC management had
deemed the roadways on the property to be unsafe for employees.
• New LED Area lights, Flood lights, and Wall packs were installed throughout the campus dramatically
improving light output and coverage, improving overall visibility and safely.
✓ Our Team designed a High Bay LED solution for the Airbus assembly area to both improve light levels and
incorporate 0-10V dimming technology to allow the assembly technicians to dim the lighting during a
process that requires the use of lasers to guide them when assembling critical components of the aircraft.
ENERGY RETROF r CU
25B-85
12
Aromas - San Juan Schools
65% Energy Reduction
PROJECT DESCRIPTION
The Aromas / San Juan Unified School District posted a competitive -bid, Request For Proposal for a lighting upgrade
project to be performed at schools in their district. The bids were reviewed by the District and the contract was
awarded to ERC. The project was completed ahead of schedule, under budget, and with no change orders. The
project featured rebates that were managed by ERC, and Prop 39 funding as well.
Project Images
SCOPE OF WORK
✓ The project featured over 1300 new LED fixtures for the interior areas of two schools.
✓ The project also featured extensive use of motion controls for all the lights on the project.
✓ The project was installed during the school year, while school was In session.
✓ Overall project cost = $215K.
CUSTOMER TESTIMONIAL
"I am writing to recommend Energy Retrofit Company for any electrical installation that you might have.
Their crew was nothing but professional and courteous. The team was on time, worked clean and would
work around any events that we had going on at the school. I have no doubt Energy Retrofit Company
would be a value to any organization that would choose to use them. I give my highest recommendation.
If I can provide any further assistance, do not hesitate to contact me." - Daniel Carrillo
i EmERGY RErROFrr Co.
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13
Anaheim Convention Center
$360,347 Annual Energy Savings
PROJECT DESCRIPTION
Anaheim Convention center awarded Energy Retrofit Co. a contract to replace their outdated T12 Fluorescent HO
fixtures. After the initial contract was completed, the facilities staff requested ERC to design -build additional work to
complete the exterior lighting, office lighting, and parking garage lighting. The additional lighting work was done as a
'change order" to the initial contract and was paid for using a combination of U.S. Department of Energy's Energy
Efficiency and Conservation Block Grant (EECBG) Program and Anaheim Utility Rebates.
Project Images
SCOPE OF WORK
✓ Replaced over 2000 T12 fluorescent fixtures with new low wattage fixtures with bi-level occupancy controls
in the parking garage.
✓ Retrofitted all interior office lighting and all common areas with new low wattage system.
✓ Energy savings exceeded $360K per year.
✓ Overall project cost = $765K.
PROJECT CHALLENGES & SOLUTIONS
✓ The convention center and parking garage were extremely busy — operating 24 hours per day, every day of
the year, with no down time for an installation to be scheduled.
✓ The ERC installation team worked closely with facilities management to coordinate product delivery and
installation between convention center event dates.
✓ The ERC installation team worked double shifts to ensure that all 2,000+ convention center hall fixtures
were safely installed in under 45 days, with no impact to the center's schedule of events.
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25B-87
14
XI. Schedule
Our Company will work closely with the City of Santa Ana to ensure the project is completed on or ahead of schedule.
We have installed similar projects for other public agencies and have had tremendous success with meeting Customer
expectations for project completion. The initial plan for project scheduling is shown below (dates will change, based
upon approvals from the City). Our current workload and backlog allow for us to accept this project and have a
dedicated Project Manager and Electrical Supervisor to oversee the onsite crew.
PROPOSED SCHEDULE OF SERVICES
Project Activity
Milestone Date
Award of Contract / Notice to Proceed NTP
September 4, 2018
Order Materials
September 4, 2018
Site Preparation and Pre -Inspections
September 23, 2018
Complete Interior Work
September 29, 2018
Commissioning / Punchwork
November 7, 2018
Project Complete
November 29, 2018
XII. References
Anaheim Convention Center
• Kelli Tunnicliff, Purchasing Director, 562-209-0037
City of Temecula
Bruce Wedeking, Facility Maintenance Superintendent, 951.699-1403
City of Roseville
• Charles Aycock, EIM Systems Coordinator, 916-746-1836
ENERGY RETROFIT CO.
15
-n�. ENERGY
City of Santa Ana Police Department
Attn: John Aguilar / Christy Kindig
714-647-5008
Scope of Work — Santa Ana Police Department Lighting Retrofit
Option A (Standard T24 Qualified) - $426,403
Estimated SCE Midstream Rebate - $22,680 (not included in project cost)
RETROFIT CO.
Saying Ery p Smw' .010nay
Based on the review of this project, Option A includes the most cost-effective solution to replace all
existing 4ft and 8ft pendant mounted "directlindirect" fluorescent fixtures with a "directional" new
fixture Title 24 compliant lighting system.
• The base bid includes removing and recycling all pendant mounted 4ft & 8ft fixtures.
• One 2x2 LED Aleo (SLT-CD-22HE-26/840 XE 133) fixture will be installed every eight feet
(per photometrics)
• All new LED products specified are DLC Premium
• This lighting system includes all new wiring, j -boxes, and new earthquake tie wire
(assumes drop ceiling throughout the facility and no HVAC obstructions.)
• Per Title 24 requirements, occupancy sensors will be included in the offices that are less
than 250sf and conference/multipurpose area, classroom/training, and restrooms (estimate
149x rooms).
• Title 24 certification forms NRCC-LTI will be followed and engineered by a CALTCP
Technician for this project.
• Photometric calculations based off actual plans are estimated at,above 20 foot-candles
(see following page)
• Install schedule is based on manufacturer stock availability.
Option B (Advanced Wireless Controls) - $609,648
Estimated SCE Midstream Rebate - $22,680 (not included in project cost)
Based on the review of this project, Option B includes an advanced lighting control system utilized
to replace all existing 4ft and 8ft pendant mounted "directlindirect" fluorescent fixtures with a
"directional" new fixture Title 24 compliant lighting system. This option goes beyond T24
requirements for maximum functionality, energy savings, and lighting management control.
• The alternate bid Includes removing and recycling all
• One 2x2 LED LG (LGE-2X2SI-25-XX-3200-TB) troffe
feet (per photometrics) y U
• All new LED products specified are DLCiPrsfniymv,_
• This lighting system includes
drop ceiling throughout !De/V
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• Occupancy/daylight combo sensors will be integrated in the fixture every two troffer fixtures
throughout the facility and controlled in "zones" based on the customers preferences to be
established prior to the project initiation.
• All fixtures will have wireless dimmable ability and switches will be installed where tuning
was noted (offices, conference rooms, etc.)
• Easy scheduling, grouping, sensor setting, and commissioning can be done wireless with
an LG Tablet.
• This LG system can be tied into a cloud based EMS run by GE Current. The cost for this is
not included but and estimate can be acquired if requested by the customer.
• Install schedule is based on manufacturer stock availability.
AGI32 Photometric Calculations
• Estimated Avg. achieved footcandles — 20+
• Photometrics are based on the actual plans
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APPENDIX
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18-069
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC 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 refrain 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 shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false
certification rr�y subject the certifier to criminal prosecution.
Signed
State of Cal oroia
County of K( Ve,e
Subscribed and sworn to (or affirmed) before me on this [S day of w, gASL 201 by8hY) Sh(llUf� �GiV lltUghrvt
proved to me on the basis of satisfactory evidence to be the person() who appeared before me.
CHRISTINA LYNN NENRICKSEN
Nahry Publle - CAllrarnil
i '` ° Riverside County {
Q�ota�PublicSignaturc Notary Public Seal Commlulon 07757147
My Comm. Expirty Aug 2, 7072 -
25B-92
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 2 V cmj le
On I I V A I, IS, ZU 19-- before me, N'1V!5:1 VU{ 4CH N 1(.' S .t'1 I if7,(j4 nW1 I G
Date Here Insert Name and Title of the Officer
personally appeared Chris Shown L I V (blo-c m
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(a) is/are subscribed
to the within instrument and acknowledged to me that he/sge><" executed the same in his/he##teir
authorized capacity(les), and that by his/he4W;o# signature(ay on the Instrument the person(3r or the entity
upon behalf of which the person(4acted, executed the Instrument.
�CHRISTINA LYNN HENRICKSEN
Notary Public •California
Riverside County
^ Commission 0 225214
MY Comm, Expires Aug 2, 2022
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
Signature
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Sfgner(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — D Limited ❑ General
❑ Individual ❑ Attorney in Fact
O Trustee ❑ Guardian of Conservator
❑ Other.
Signer Is Representing:
02017 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner— D Limited ❑ General
D Individual ❑ Attorney in Fact
O Trustee 17 Guardian of Conservator
❑ Othec
Signer is Representing:
25B-93
APPENDIX
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18.069
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
I. 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 falls to file the required certif cation 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.
Inc dba
Signed and Printed Name: Chris Klrchwehm
Title President
Date 8/15/18
25B-94
APPENDIX
ATTACHMENT 3-3; NON-DISCRIMINATION CERTIFICATION
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT
RFP NO.: 18.069
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. 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
Rubor 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,
5. 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 for 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 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
25B-95
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 subconsultant 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 pirotect 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 subject
to all the pen It' imposed for a violation of the Chapter.
Signed: Chris Kirchwehm
Title: President
Firm: Marketing Power Inc dba Energy Retrofit Co.
Date: 8/15/18
25B-96
Exhibit B
FEE PROPOSAL
i ENERsy RETROFIT CO,
gyri_ 2n S&, b
The Standard Hourly Fee Schedule for Marketing Power Inc. dba Energy Retrofit Co. is as
follows:
Description of Work
Hourly Rate
Electrician: Inside Wireman (Journey Level)
$84.08
Electrician: Maintenance Electrician (Journey Level)
$59.35
Electrician: Inside Wireman (Apprentice)
$30.27
Site Auditor
$35.00
Project Manager j
$70.00
The Scope of Work pricing Is as follows:
Option:
Price
Option A. Standard T24 Qualified
$426,403
Option B: Advanced Wireless Controls
$609,648
r - ••