Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
25C - AGMT LIGHTING FIXTURES CORP YARD
REQUEST 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 AT THE CORPORATE YARD FACILITIES AND EXECUTE AGREEMENT FOR ON -BILL FINANCING LOAN (RFP NO. 18-071) (STRATEGIC PLAN NOS. 4,3D; 6,2A) �A CINMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 Corporate Yard Facilities administration and maintenance buildings, in an amount not to exceed $446,969, inclusive of a 10% contingency in the amount of $40,634, 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 $407,795 no -interest On -Bill Financing Loan and $69,869 in incentives to fund RFP No. 18-071, 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. 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 25C-1 Award Contract to Install LED Lights and Controls Corporate Yard Facilities, On -Bill Financing September 4, 2018 Page 2 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 Corporate Yard Facilities, administration and maintenance buildings, 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 302,315 kWh in electric usage; annual electric bill savings of $41,236, and annual greenhouse gas reductions equivalent to taking almost 42 cars off the road (EPA Greenhouse Gas Equivalencies Calculator). Total project funding of $477,664 has been approved by SCE, and includes cash incentives of $69,869, and a zero interest On -Bill Financing (OBF) loan of $407,795. 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 inspected, the Corporate Yard 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 (9.9 years), SCE will discontinue the OBF loan repayment charge. 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 August 9, 2018, staff posted the Request for Proposal (RFP) for the Santa Ana Corporate Yard Energy Lighting Retrofit (Exhibit 4) on the City's website and online bid management and publication system. Five proposals were received and opened on August 21, 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 five firms is as follows: 25C-2 Award Contract to Install LED Lights and Controls Corporate Yard Facilities, On -Bill Financing September 4, 2018 Page 3 Firm Score Energy Retrofit Co 93.3 Baker Electric Inc. 77.3 PLEMCo 63.7 Clear Blue Energy Corp. 58.7 SoLED Energy Inc. 56.3 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 $446,969. 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 $492,664 in funding available for this project from a combination of SCE approved OBF financing and estimated SCE Incentives ($477,664), and City funding ($15,000). Source Description Fiscal Year Amount SCE Approved Loan Proceeds 2018-2019 Oct. — Dec. 2018 $407,795 SCE Estimated Cash Incentives 2018-2019 Oct. — Dec. 2018 $ 69,869 City Building Maintenance 2018-2019 Oct. — Dec. 2018 $ 15,000 Total $492,664 The contract amount of $446,969 will be paid from these funds in the following manner: • 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. 25C-3 25C-4 Award Contract to Install LED Lights and Controls Corporate Yard Facilities, On -Bill Financing September 4, 2018 Page 4 • The contract amount includes a $40,634 contingency. $25,634 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 Building Maintenance — Contract Services expenditure account (No. 07310100-62300). Funds in the amount of $19,490.98 for the FY 2018-19 OBF loan payments to SCE are budgeted and available in the Building Maintenance, Loan Repayment-OBF account (No. 07310100-67003). Funds for the subsequent fiscal years will be budgeted in the same account, in accordance with the following estimated loan repayment schedule: Fiscal Year Description Amount Assumes total loan amount is utilized and repayment begins January 2019 First Payment $2,309.38 118 Monthly Payments., $3,436.62 2018-19 First Payment $2,309.38 5 Monthly Payments $17,181.60 2019-20 through 2027-28 108 Monthly Payments 9 Years $41,239.44 annual) $371,112.56 2028-29 5 Monthly Payments $17,181.60 Total 1 $407,795.14 N Fuad S. $weiss, PE, PLS Executiv& Director Public Works Agency FS:JA:CK:SS APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal S� Assistant Director Finance and Management Services Agency Exhibits: 1. SCE Notice of Approval — Incentives 2. SCE Notice of Approval — OBF Loan 3. OBF Loan Agreement — Sample Form 4. RFP 18-071 5. Contract Agreement 25C-5 25C-6 EXHIBIT 1 WqSOUTHERN CALIFORNIA EDISON° An EDISON INTERNAT1ONALo Campuny February 9, 2017 Project Number: 353-16-0500831253 Project: Customized Solutions Approach E-mail: Businesslnoenfives@sce.com I Fax: 626-633-3243 Authorized Agent: Customer Information: N/A John Aguilar City of Santa Ana 20 Civic Center PL, M-11 Sanfa Ana, CA 92701 Questions?: 800-736-4777 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: SCE Final Approved Savings SOLUTIONS DESCRIPTION and Incentive Code Estimate kWh kW $ Incentive Amount Interior LED fixture replacement (utilizing approved luminaries) LT -17492 218,744.6 31.59 $ 51,768.59 Exterior LED fixture replacements (utilizing approved luminaries) LT -85834 19,484.0 0.00 $ 4,189.06 LED Retrofit Kit for Lay -in Troffer Luminaire LT -78496 43,389.8 10.95 $ 10,971.31 Total Approved Savings/Incentive Estimates 281,618.4 42.54 $ 66,928.96 Project Cost Adjustment Total Estimated Incentive $ 66,928.95 10% Measurement and Verification Adder (if applicable) Amount increased to $69,869, see OBF Approval and Loan Term Calculation. 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. Check out www.sce.coml To seejg(/.p_q(jfy for the Comprehensive Bonus. 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.). • 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. • Submit Pump Curve (if applicable) NOTE: As a reminder, the deadline for the project to be completely installed and operational is 24 months from the date of this Project Approval letter. Please submit the completed Installation Report within 30 days after installation and prior to the two year deadline. Payments of Incentives will be made only after all Program requirements are met by the Customer to SCE's sole satisfaction. 1. All Projects and/or solutions must be completely installed and fully operational within 24 months from the date the Project(s) is approved by SCE to be eligible for Incentive payments. SCE reserves the right to cease making Incentive payment(s), require the return of the total or prorated Incentive payment(s) and/or terminate this Agreement if the Project(s) is not completely installed and fully operational within such 24 month period, unless an installation extension is granted by SCE, in SCE's sole discretion, in writing. Any extension that is granted shall not exceed 6 months. 2. Prior to any extension being granted, SCE will reassess the Project(s) viability and the Customer must provide reasonable assurance(s), at SCE's direction and in SCE's sole discretion that the Project is progressing toward installation and fully operational status. Assurances include, but are not limited to: (1) proof that the equipment was ordered; (2) a copy of the commissioning agent contract (when applicable); (3) project implementation schedule; (4) written confirmation provided by the customer or customer's authorized agent that the project will be completed within the requested extension of time. Additionally, after the initial 24 month period from SCE's approval of the Project, changes impacting savings calculations or solution eligibility, such as Title 24, CPUC Energy Division direction, etc., may cause SCE to revise the energy savings and Incentive amounts for which the Customer is eligible. 3. SCE retains sole discretion to determine the appropriate baseline values and energy savings calculations used to determine Incentive payments. Incentives shall only be paid on Projects that meet or exceed the baseline performance standards applicable when this Agreement is signed. SCE reserves the right to modify or cancel the Incentive amount if the actual solution installed (or the actual energy savings resulting from such solution) differs from the installation as set forth in this Agreement. 4. Energy savings for which Incentives are paid cannot exceed the actual electric usage for each SCE customer service account for which Incentives are being requested. Non -SCE supply, such as cogeneration or deliveries from another commodity supplier, does not qualify as usage from SCE (with the exception of Direct Access customers or customers paying departing load fees for which SCE collects PPP surcharges). 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 IDSMQuestions@sce.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 Check out www.sce.coml To see You Quati for the Comprehensive Bonus. Check out www.sce.coml To seeltWa ijy for the Comprehensive Bonus. lz i O ®1 a si yr IL• -A t E PT O E_ o H a O O a Y O a W a E E= o = O n K^ C 00 O O c F i C W Y u O O u 2 v 'o u 'o a o n i E v E E o 3 t M a - o q o m \p YE b SLS? 0iii �z�e r -`i ni iii Eia€s>.i .moi z $ o m E A E w oL _ vii _ = o a E u v— $ i c= c m z z i Qn i � o .E o f n $ E o i e$nao c W d V O 6 n 9 c € ICA"* oln v si yr IL• -A t E Application for Business Customers 2013 - 2014 Customized Installation Report DIRECTIONS: After your project is Installed and operational, input the project Installation commencement and completion dates in the fields provided. Review the Information from your Application Approval Letter. If nothing has changed, and the Information in Sections 5 and 6 is correct, complete and sign Section 7 on page 2 of this Installation Report (IR) Form and submit both pages to SCE at one of the addresses Business Incentives For overnight delivery: Fax: 626.633.3243 Southern California Edison 6010 N. Irwindale Ave. E-mail: Businesslncentives@sce.com P.O. Box 800 Irwindale, CA 91702 Questions? Call 800-736-4777 Ii05@meatl, CA 91 77U-U8UU UPN #: '353-16-0500831253 SA #: 005-5214-51 Project Name: Admhn and Maintenance Yard Customer Name: City of Santa Ana, Customer's Authorized Agent: Installation Commencement Date: Installation Completion Date: 5 Solution Code Solution Description Description of Existing Equipment J LT -17492 Interior LED fixture replacement (utilizing approved n,m;noaecl LT -85834 Exterior LED fixture replacements (utilizing approved Incentive Rate ($IKwn) 11t' LT-78496 LED Integrated Retrofit Kits more page Total Project Cost ($) .$458216.21 Calculated Energy Savings Totals 281,618.4 Calculated Savings Incentives -In mswopdcoorpm„mN) 66,928.95 On -Peak Demand Reduction (kW) 42.54 sA # 005-5214-51 UPN # 353-16-0500831253 NOTE: For projects requiring M&V, attach any required baseline or post -installation measuremenls and analysis, as specified in your approved M&V plan. Line # Solution Code Solution Description Description of Existing Equipment M51 3 4 Note: If submitting more than 5 Soh page 2603 Energy Savings Calculated Solution # Baseline usage (Kwn) Installed Energy usage (kwn) Savings (Kvuh) Incentive Rate ($IKwn) Energy Incentive ($) 1 357,573.0 938,828.4 218,744.6 $ 0.08 $ 97,499.57 2 73,102.0 53,618.0 19,484.0 $ 0.08 $ 1,558.72 3 91,152.0 47,762.2 43,389.8 $ 0.08 $ 3,471.18 4 10.95 $ 1,642.50 5 Total Project Cost ($) .$458216.21 Calculated Energy Savings Totals 281,618.4 Calculated Savings Incentives -In mswopdcoorpm„mN) 66,928.95 On -Peak Demand Reduction (kW) 42.54 sA # 005-5214-51 UPN # 353-16-0500831253 NOTE: For projects requiring M&V, attach any required baseline or post -installation measuremenls and analysis, as specified in your approved M&V plan. Line # Solution Code Solution Description Description of Existing Equipment M51 3 4 Note: If submitting more than 5 Soh page 2603 On -Peak Demand Reduction Calculated Solution III from above Baseline On -Peak Demand (KW) Installed On -Peak Demand(KW) On -Peak Demand Reducton(KW) Peak Demand Reduction Incentive($) 1 53.35 21.76 31.59 $ 4,738.50 2 $ - 3 23.10 12.15 10.95 $ 1,642.50 Total Project Cost ($) .$458216.21 Calculated Energy Savings Totals 281,618.4 Calculated Savings Incentives -In mswopdcoorpm„mN) 66,928.95 On -Peak Demand Reduction (kW) 42.54 sA # 005-5214-51 UPN # 353-16-0500831253 NOTE: For projects requiring M&V, attach any required baseline or post -installation measuremenls and analysis, as specified in your approved M&V plan. Line # Solution Code Solution Description Description of Existing Equipment M51 3 4 Note: If submitting more than 5 Soh page 2603 Section. . Different fromOriginalApplication) Energy Savings Total Project Cost($) _ -_ _-- — _- Calculated Baseline Installed Energy incentive Energy Solution # Usage (kWh) Usage (kWh) Savings (kWh) Rate ($IkWh) Incentive ($) 1 - - _ - Calculated Energy Savings Totals ' 2 4 Calculated Savings Incentives Sectionr Section • Demand ' - • • Different fromOriginal • r On -Peak Demand Reduction On•Peak_Demand Reduction (kW) Calculated Baseline Installed On -Peak Peak Demand Solution On -Peak On -Peak Demand Reduction # from above Demand (KW) Demand (KW) Reduction (KW) Incentive ($) SA P! - ,,0055214-5f-�- UPN9° 353;16-0500831253 NOTE: For projects requiring M&V, attach any required baserine or post -installation measurenrents and analysis, as specified In your approved M&V plan. 2 .._ 4 • • Operation 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. 0 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, 0 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. To be completed only • •• retrocommissioning (Rqx) measures* 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 for more information on these Items. To • - completed only •u, are requesting an HVAC• - 1. HVAC Permit (if required). If a permit is required for any HVAC installation/replacement, I have provided the permit number below. (If no permit is required, leavethis section blank.) Permit# Agency 2. Contractor Certification. If a contractor was used for any HVAC installafion/replacement, 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 L1 permit information above is correct. Signature of Contractor Name (please print) Date SignatureI, the Customer or Authorized Agent below, certily 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 (ii) 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 (please print) Me Date 260A 2 Customized Solutions Installation Report Instructions Project # Business Incentives Southern California Edison P.O. Box 800 Rosemead, CA 91770-0800 1. _INDIC_ATE PAYMENT INFORMATIt7N Please confirm address for the incentive payment. Company: Attention: (Name to be printed on check, use only if required) Address: City: State: Zip: Print Name: Title: Authorizing Signature: Date: 2. ,UTILITY BIL_L_CREDIT OPTION You have the option to credit the Incentive to your service account. Incentive can only he applied to the service accounNutility hill of host customer. 3. W9 Fc CA5_96 FORMS Please sign and return the W9 & CA590. QUESTIONS? Please call (800) 736-4777 or e-mail Businesslncenfives@sce.com wq SOUinFR`l CAIIFONNIA EDISON' .e rD�soN1NIzxNnno.'uv.�.hcy.nl P.O. Box 800 25C-13 Rosemead, CA 91770 Farm w-9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a requester. Do not Department of the Treasury TIN on page 3. send to the IRS. Intemal Revenue Service 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. N 2 Business name/disregarded entity name, if different from above m m m 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to 0a ❑ le proprietor or ❑ C Corporation ❑ S Corporation PartnershipTmsVestate ❑ ❑ certain entities, not individuals; see instructions on page 3): m c a o 0 single -member single-memher LLC ❑ United liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) p 2 Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting y the tax classification of the single -member owner. code (if any) c � ❑Other (see Instructions) ► txccs•sroeuvvnrsmemraamwrsim n,e us.) c 5 Address (number, street, and apt. or suite no.) Requesters name and address (optional to a m 5 City, state, and 21P code m N 7 List account number(s) here (optional JUM Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this Is generally your social security number (. However, fora resident alien, sole proprietor, or disregarded entity, see the Part I Instructions ctions on page 3. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer Identification number guidelines on whose number to enter. I77 F—r—T—F—)— Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. bign Signature of Here I U.S.person► Date► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at wwwdrs.gov/fw9. Purpose of Form An individual or entity (Forth W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (IT1N), adoption taxpayer Identification number(ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following: • Forth 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stacks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Forth 1099-S (proceeds from real estate transactions) • Farm 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (bullion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Forth W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding. or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this forth (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No. 10231X Farm W-9 (Rev. 12-2014) 25C-14 Form W-9 (Rev. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that Is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Forth W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Forth W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S: China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes If his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correctTIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding Ih 1. You do not furnish you(TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an inconect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only), Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Forth W-9 for more information. Also see Special rules lorparfnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption Imm FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your fallure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Forth W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Forth 1040/1040Ar1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040AII040EZ on line 1. You may enter your business, trade, or "doing business as" (DSA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(ii). Enterthe owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the Income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 25C-15 Form W-9 (Rev. 12-2014) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Umited Liability Company° box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Umited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. - Generally, Individuals (including sole proprietors) are not exempt from backup withholding. - Except as provided below, corporations are exempt from backup withholding for certain payments, including Interest and dividends. - Corporations are not exempt from backup withholding for payments made in settlement of payment card or third parry network transactions. - Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space In line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401 (1)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial Institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5' Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial Institution is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Forth W-9 with "Nat Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of Its agencies or instrumentalities C—A state, the District o1 Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(p E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1. 1472-1 (c)(1)(i) F—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and LP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an [TIN, see How to get a 7/N below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liabil fy Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To appy for an SSN, get Form SS -5, Application for a Social Security Card from your local SSA office or get this forth online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to appy for an [TIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/bus1nesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Fortes W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Forth W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For Interest antl dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For means that you have already applied for a TIN or that r See Forth 1099-MISC, Miscellaneous Income, and its instructions. you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Fomr, W-8. 25C-16 Form W-9 (Rev. 12-2014) Part H. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if Items 1, 4, or 5 below Indicate otherwise. For a Joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1981 You must give your comact TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1883 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your comet TIN to the requester, you must cross out item 2 in the certification before signing the forth. 3. Real estate transactions. You must sign the certification. You may cress out hem 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments' include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third parry network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account- Give name and SSN of: 1. Individual The Individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first Individual on the account' 3. Custodian account of a minor The minor= (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee trust (grantor Is also trustee) b. So-called trust account that is The actual owner not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an Individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.6714(b)(2)() (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or mufti -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor "at filing under the Form The twat 1041 Filing Method or the Optional Forth 1099 Filing Method 2 (see Regulations section 1.6714(b)(2)() B)) ' Ust firstand cimle the name of the person whose number you lurrirsh. If only ort, person on a fount amaum has an SSN, that person's number must be fumished. r Circle are minors name and funJsh the minors SSN. Paged °You must show your Individual name and you may also enteryour business or DBAnams on Me 'Business nameldieregmded entity' name line. You may use either your SSN or BIN (if you have one), but the IRS encourages you to use your SSN. 'List first and chole tha name of the trust, estate, or Parisian trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated inthe account title.) Also see Special rules forpaAmrshipson page 2. 'Note. Grantor also must provide a Form W-9 to trustee of trust Note. If no name is circled when mom than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name. SSN, or other Identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Forth 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity, theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious smalls or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@im.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam®uce.gov or contact them at www.ftc.gowridtheft or 1-877-IDTHEFT (1-877-438-4338). Visft IRS.gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA or HSA. The person collecting this form uses the Information on the forth to file information returns with the IRS, reporting the above information. Routine uses of this information Include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 25C-17 TAXABLE YEAR ■ CALIFORNIA FORM 2016 Withholding Exemption Certificate 590 The payee completes this form and submits it to the withholding agent.The withholding agent keeps this form with their records. Withholding Agent Name Payee City (If you have a foreign address, see instructions.)I State ZIP code — Exemption Reason Check only one reason box below that applies to the payee. By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding requirements on payment(s) made to the entity or individual. ❑ Individuals — Certification of Residency: I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. ❑ Corporations: The corporation has a permanent place of business in California at the address shown above or is qualified through the California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. ❑ Partnerships or Limited Liability Companies (LLCs): The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability partnership (LLP) is treated like any other partnership. ❑ Tax -Exempt Entities: The entity is exempt from tax under California Revenue and Taxation Code (RSTC) Section 23701 (insert letter) or Internal Revenue Code Section 501(c) _ (insert number). If this entity ceases to be exempt from tax, I will promptly notify the withholding agent. Individuals cannot be tax-exempt entities. ❑ Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified PensionlProfit-Sharing Plans: The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan. ❑ California Trusts: At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly notify the withholding agent. ❑ Estates — Certification of Residency of Deceased Person: I am the executor of the above-named person's estate or trust. The decedent was a California resident at the time of death. The estate will file a California fiduciary tax return. ❑ Nonmilitary Spouse of a Military Servicemember: I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA) requirements. See instructions for General Information E, MSRRA. CERTIFICATE OF PAYEE: Payee must complete and sign below. To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information, go to ftb.ca.gov and search for privacy notice. To request this notice by mail, call 800.852.5711. Under penalties of perjury, I hereby certify that the information provided in this document is, to the best of my knowledge, true and correct. If conditions change, I will promptly notify the withholding agent. Type or print payee's name and title Telephone (_) Payee's signature ► Date 7061163 25C-18 Form 590 C2 2015 2016 Instructions for Form 590 Withholding Exemption Certificate References in these instructions are to the California Revenue and Taxation Code (R&TC). General Information Registered Domestic Partners (RDP) — For purposes of California income tax, references to a spouse, husband, or wife also refer to a Registered Domestic Partner (RDP) unless otherwise specified. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners. A Purpose Use Form 590, Withholding Exemption Certificate, to certify an exemption from nonresident withholding. Form 590 does not apply to payments of backup withholding. For more information, go to Hb.ca.gov and search for backup withholding. Form 590 does not apply to payments for wages to employees. Wage withholding is administered by the California Employment Development Department (EDD). For more information, go to edd.ca.gov or call 888.745.3886. Do not use Form 590 to certify an exemption from withholding if you are a Seller of California real estate. Sellers of California real estate use Form 593-C, Real Estate Withholding Certificate, to claim an exemption from the real estate withholding requirement. The following are excluded from withholding and completing this form: • The United States and any of its agencies or instrumentalities. • A state, a possession of the United States, the District of Columbia, or any of its political subdivisions or instrumentalities. • A foreign government or any of its political subdivisions, agencies, or instrumentalities. B Income Subject to Withholding California Revenue and Taxation Code (R&TC) Section 18662 requires withholding of income or franchise tax on payments of California source income made to nonresidents of California. Withholding is required on the following, but is not limited to: • Payments to nonresidents for services rendered in California. • Distributions of California source income made to domestic nonresident partners, members, and S corporation shareholders and allocations of California source income made to foreign partners and members. • Payments to nonresidents for rents if the payments are made in the course of the withholding agent's business. • Payments to nonresidents for royalties from activities sourced to California. • Distributions of California source income to nonresident beneficiaries from an estate or trust. • Endorsement payments received for services performed in California. • Prizes and winnings received by nonresidents for contests in California. However, withholding is optional if the total payments of California source income are $1,500 or less during the calendar year. For more information on withholding get FTB Pub. 1017, Resident and Nonresident Withholding Guidelines. To get a withholding publication, see Additional Information. C Who Certifies this Form Form 590 is certified by the payee. California residents or entities exempt from the withholding requirement should complete Form 590 and submit it to the withholding agent before payment is made. The withholding agent is then relieved of the withholding requirements if the agent relies in good faith on a completed and signed Form 590 unless notified by the Franchise Tax Board (FTB) that the form should not be relied upon. An incomplete certificate is invalid and the withholding agent should not accept it. If the withholding agent receives an incomplete certificate, the withholding agent is required to withhold tax on payments made to the payee until a valid certificate is received. In lieu of a completed exemption certificate, the withholding agent may accept a letter from the payee as a substitute explaining why they are not subject to withholding. The letter must contain all the information required on the certificate in similar language, including the under penalty of perjury statement and the payee's taxpayer identification number. The withholding agent must retain a copy of the certificate or substitute for at least four years after the last payment to which the certificate applies, and provide it upon request to the FTB. If an entertainer (or the entertainer's business entity) is paid for a performance, the entertainer's information must be provided. Do not submit the entertainer's agent or promoter information. The grantor of a grantor trust shall be treated as the payee for withholding purposes. Therefore, if the payee is a grantor trust and one or more of the grantors is a nonresident, withholding is required. If all of the grantors on the trust are residents, no withholding is required. Resident grantors can check the box on Form 590labeled "Individuals — Certification of Residency." 25C-19 D Definitions For California non -wage withholding purposes, nonresident includes all of the following: • Individuals who are not residents of California. • Corporations not qualified through the California Secretary of State (CA SOS) to do business in California or having no permanent place of business in California. • Partnerships or limited liability companies (LLCs) with no permanent place of business in California. • Any trust without a resident grantor, beneficiary, or trustee, or estates where the decedent was not a California resident. Foreign refers to non -U.S. For more information about determining resident status, get FTB Pub. 1031, Guidelines for Determining Resident Status. Military servicemembers have special rules for residency. For more information, get FTB Pub. 1032, Tax Information for Military Personnel. Permanent Place of Business: A corporation has a permanent place of business in California if it is organized and existing under the laws of California or it has qualified through the CA SOS to transact intrastate business. A corporation that has not qualified to transact intrastate business (e.g., a corporation engaged exclusively in interstate commerce) will be considered as having a permanent place of business in California only if it maintains a permanent office in California that is permanently staffed by its employees. E Military Spouse Residency Relief Act (MSRRA) Generally, for tax purposes you are considered to maintain your existing residence or domicile. If a military servicemember and nonmilitary spouse have the same state of domicile, the MSRRA provides: • A spouse shall not be deemed to have lost a residence or domicile in any state solely by reason of being absent to be with the servicemember serving in compliance with military orders. • A spouse shall not be deemed to have acquired a residence or domicile in any other state solely by reason of being there to be with the servicemember serving in compliance with military orders. Domicile is defined as the one place: • Where you maintain a true, fixed, and permanent home. • To which you intend to return whenever you are absent. Form 590 Instructions 2015 Page 1 A military servicemember's nonmilitary spouse is considered a nonresident for tax purposes if the servicemember and spouse have the same domicile outside of California and the spouse is in California solely to be with the servicemember who is serving in compliance with Permanent Change of Station orders. California may require nonmilitary spouses of military servicemembers to provide proof that they meet the criteria for California personal income tax exemption as set forth in the MSRRA. Income of a military servicemember's nonmilitary spouse for services performed in California is not California source income subject to state tax if the spouse is in California to be with the servicemember serving in compliance with military orders, and the servicemember and spouse have the same domicile in a state other than California. For additional information or assistance in determining whether the applicant meets the MSRRA requirements, get FTB Pub. 1032. Specific Instructions Payee Instructions Enter the withholding agent's name. Enter the payee's information, including the taxpayer identification number (TIN) and check the appropriate TIN box. You must provide an acceptable TIN as requested on this form. The following are acceptable TINS: social security number (SSN); individual taxpayer identification number (ITIN); federal employer identification number (FEIN); California corporation number (CA Corp no.); or CA SOS file number. Private Mail Box (PMB)— Include the PMB in the address field. Write "PMB" first, then the box number. Example: 111 Main Street PMB 123. Foreign Address — Follow the country's practice for entering the city, county, province, state, country, and postal code, as applicable, in the appropriate boxes. no not abbreviate the country name. Exemption Reason — Check the box that reflects the reason why the payee is exempt from the California income tax withholding requirement. Withholding Agent Instructions Keep Form 590 for your records. The certification remains valid for 5 years or until the payee's status changes. no not send this form to the FTB unless it has been specifically requested. For more information, contact Withholding Services and Compliance, see Additional Information. Page 2 Form 590 Instructions 2015 The payee must notify the withholding agent if any of the following situations occur: • The individual payee becomes a nonresident. • The corporation ceases to have a permanent place of business in California or ceases to be qualified to do business in California. • The partnership ceases to have a permanent place of business in California. • The LLC ceases to have a permanent place of business in California. • The tax-exempt entity loses its tax-exempt status. If any of these situations occur, then withholding may be required. For more information, get Form 592, Resident and Nonresident Withholding Statement, Form 592-B, Resident and Nonresident Withholding Tax Statement, and Form 5924, Payment Voucher for Resident and Nonresident Withholding. Additional Information For additional information or to speak to a representative regarding this form, call the Withholding Services and Compliance telephone service at: Telephone: 888.792.4900 916.845.4900 Fax: 916.845.9512 OR write to: WITHHOLDING SERVICES AND COMPLIANCE MS F182 FRANCHISE TAX BOARD PO BOX 942867 SACRAMENTO CA 94267-0651 You can download, view, and print California tax forms and publications at ftb.ca.gov. OR to get forms by mail write to: TAX FORMS REQUEST UNIT FRANCHISE TAX BOARD PO BOX 307 RANCHO CORDOVA CA 95741-0307 For all other questions unrelated to withholding or to access the TTY/rDD numbers, see the information below. Internet and Telephone Assistance Website: flb.ca.gov Telephone: 800.852.5711 from within the United States 916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons with hearing or speech impairments Asistencia Per Internet y Teldlono Sitio web: flb.ca.gov Telefono: 800.852.5711 dentro de los Estados Unidos 916.845.6500 fuera de los Estados Unidos TTY/TDD: 800.822.6268 para personas con discapacidades auditivas o del habla 25C-20 1*114H1:711f►a SEND TO: Southern California Edison, Business Incentives SOUIIIUt\ CMl/IfORNIA P.O. Box 800, Rosemead, CA 97770.0800 ED I S V N' E-mail: Businesslncentives@sce.com I Fax: 626.633.3243 Questions? 800-736-4777 An FM50.V ATFk,V1,0XAL.- Cm;wny December 14, 2016 Customer Information: John Aguilar City of Santa Ana 20 Civic Center Place, M-11 Santa Ana, CA 92701 RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION PROJECT NUMBER: 353-16-0500831253 SAM 3.005-5214-51 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 $407,795.14 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. 25C-21 SEND TO: Southern California Edison, Business Incentives SOUIIIERN CdtItOlINK P.O. Box 800, Rosemead, CA 91770.0800 El D I S ®N s E-mail: Businesslncentives@sce.com I Fax: 626.633.3243 Questions? 800-7363777 An F!l7S0ti lT7F.R,CAPI4NAL'r' CQ:n2any 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. 25C-22 On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1) Completion Daterrime: 12/14/2016 6:48 AM "' LTG1 — Project Number: 353-16-0500831253 ACTUAL TERMS WILL BE CALCULATED Service Account: 3-005-5214-51 BASED ON FINAL REVIEW AND VERIFICATION Customer Number: 1-0-000-7130 OF THE PROJECT INSTALLATION REPORT Customer Account Number: 2-22-264-5319 $ 407,795.14- OBF Application Receipt Date: 2/16/2016 $ 1,000,000 E.2.2. Previous Loans Reserved for this Service Account LTC1 Reserved Amount Is $407,795.14 Project Type(s) : Customized and Deemed First month payment Is $2,309.38 Market Segment: Government and Institutions 118 subsequent monthly payments $3,436.32 Business Name: SANTA ANA CITY OF Reference Name: LTC -1 /PEND EDSANTA ANA -ADMIN AND MAINT Address: 220 S DAISY AVE City, CA Zip: SANTA ANA, CA 92703 PROJECT ECONOMIC SUMMARY I` EXPLANATION A. AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $ 0.13640 Based on Billing History B. ENERGY EFFICIENCY PROJECT SAVINGS B.I. Estimated Annual Kilowatt Hour Savings (kWh) 302,315.4 From Approved Project Application B.2. Estimated Annual Dollar($) Savings B.3. Estimated Monthly Dollar($) Savings C. COSTS $ 41,235.82 Estimated Annual kWh Savings x Average Rale = $ savings (B.1 x A) $ 3,436.32 Estimated Monthly$ Savings (B.2/12) C.1. Estimated Total Project Cost $ 477,664.09 C.2. Excess Project Cost $ - C.3. Estimated Total Rebate/Incentive $ 69,868.95 CA. Other $ C.5. Estimated Potential Loan Amount (Gross Amount) $ 407,795.14- C.6. LTC1 Reserved Amount C.7. LTC2 Reserved Amount 0.2. Monthly Loan Repayment Amount D.3. Actual loan term (Months) D.4. Actual loan tens (Years) 9.9 E. LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (MInIMax Loan Amount) E.I.I. Market Segment Minimum Loan Amount $ 5,000 E.1.2. Market Segment Maximum Loan Amount Facility E.1.3. Within Market Segment Limit? Y E.2. Customer Loan Limit Test (Previous Loans for this Service Account) E.2.1. Service Account Loan Amount Limit $ 1,000,000 E.2.2. Previous Loans Reserved for this Service Account $ E.2.3. Estimated Amount Eligible for Loans $ 1,000,000.00 E.2.4. Within Available Amount? Y From Approved Project Application Based on 20% Basic Lighting Cap Rule From Approved Project Application (C.1) -(C.2) -(C.3) -(CA) From LTC1 calculation following Approved Project Application LTC2 Loan Amount per policy cannot be greater than LTC1 amount Lesser of (C:5) or (C.6) or (E.1.2) or (E.2.3) or other rules apply (B.3) Time required to repay loan in months (subject to exception analysis below) Time required to repay loan in years: (D.3) /12 Minimum Loan Amount per Service Account or Bundle Com, Ind, Ag = $100,000, G&1= $250,000 Is D.1 within loan amount limits Y/N? (E.1.2) or $110 for G&I Facility Total of previous OBF loans+ reservations (E.2.1) - (E.2.2), If < 0, then 0. Is D.1. < E.2.3. Y/N? E.3. Length of Loan Test E.3.1. Loan Length Limit (months) 120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months E.3.2. Within Loan Length Limit? Y Is D.3 within limit Y/N? EA. Expected Useful Life (EUL)* Loan Length Limit Test E.4.1. Applicable Measure ELL (months) 144 ELL in months of measure with greatest kWh contribution E.4.2. Within EUL Loan Length Limit? Y Is D.3 within limit Y/N? E.5. EXCEPTION ANALYSIS (If any EA thru EA. 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 $ 2,309.38 E.5.2. Subsequent Monthly Loan Repayment Amount $ 3,436.32 Based on minimum loan requirement of $5K and supplemental E.5.3. Subsequent Monthly Payments 118 Exception Analysis, this amount qualifies for an estimated OBF E.5.4. Net Amount for Financing $ 407,795.14 loan. 'Eape UsefulLae(EUQ: EsOmeasurebespeaedmperformoerafzMdlforaponeorume, An EULfor samemryyoff enrymeasmebawyre EyngC Teomu Eneryy Commi on(CEC). LTC 10: 11170 25C-23 25C-24 EXHIBIT 3 On -Bill Financing Agreement This On -Bill Financing Agreement (0O0F Agreement") Is entered Into on 20 , (the "Eft ellva Date') by and between the undersigned customer same an Sc-Wirn Caiitomla Edison Company VSCE') (each a'Party; toRactively the'partiesI. Recitals 1, Customer and SCE entered Into the Energy Management Solutions Inoerttivas Application for 2. Customer owns; teases or rants �e properly listed In the EMS reement as the Site and maintains a service accounl(e with SCE for electric service, ugtomar has completed Inatallo0on of eligible ens y e stent squipment ("Equipment°) at the Site as eat forth In the . EMS Agreement and has�ccapted the equipment as being operational and In good working order, 3. In Decision 09.00.041, the California Publl6 Utillties Commission authorized SCE to rovlde zsro- ercent Interest financingg for the Insialialion of certalo energy efl(denl aquipmentd which to to be re old over a scoot ad period through the Cyetomera electdo utlllty blll(s) (OmBlll Financing" f, 4, Customer Realrea, to enter Into this OSP Aggreament W. order to pargat�ate in SCE's .om.O111 Financing pro�lram and Customer agrees fo rapeYY SCE the Amount Finencod (as darned under "Loan Terms", below)'throuph the CustomeYs SCE urilty bllllel cursuaht to the terms NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Ooftnod Terms; ExceppI as the context ohdrMse ragt4rss capitalized terms used In this OBF Agreement without dentition shall have the same meanings as are set forth In the EMS Agreement Amount,Financod: Within thirty (30) days after the Effeeitva Date SCE edit provides payment for the Amount Financed to Customer or to a Ihlyd party pa so designated by Customer undor the Loan Tera, below, Qustomges designation or a Ihlyd party payee may not bo changed or revoked. Loan Terme; moond"nonce cunt Fina re "-- Interest Rate; Fees; Months to Par, Fire onth Payment Remaining ModnMy Psymentsc Service Account to be 8111ad; os an nated Third -P" eyes yeas o es gnat partyP es• If more than one Service Account will be billed, information regarding the Service Acoount number and monthly payment to thcluded In Schedule A altachdd. Form 14-702 0812012 25C-25 1 Promise to Pay; Customer pmmiaos to pay SCE the Amount Financed In equal monthly Installments as set forth In the stiction above and/or Schedule A (Cuotomer'e "Loan Obligallonj, The first Monthly Payment of Customers Loan Obligation will appear within sixty (80) days from the Effective Date on Customers SCE uglily bill(s) for the Service Account(s) listed above. Manner of Paymoht: Customer's Monthly Payment amount Will appear as a line item labeled 'EV08F Installment Charge" on the monthly SCE utillty bllf(s) for Customers Service Account(s), Customer may pay the Loan Obligation In the, monthly Installments or prepay the Loan Obligation in one lump sum wlthouE penally, but pro-paymonto for less than the remaining balance will not be allowed, Cu Ie"s Loan Obligation will appear on Customsra monthly SCE utility biil(s) for the number of months sot to* above, or until the Loan Obligation Ispald pi full by Customer, tdnlahever occurs firaL Customer shall mitts payments to SCE as diraoted In the SCE utility, btl(s). Partial Payments, If Customer Is unable to make a full payment of the Loan Obligation In any given month, paIlmam arrangements may be made rgatt SQarCOs able disorelon. An partial Customer will be cwill be onsidellbd red toube delinquent and rtion to abriarn default of bolhas lha energy hg�and the Land oan Obllgatan, Late Payments; No late payment charges or Interest will be assessed for delinquent payments on the Loan Obllgaton, However, SCE may assess late payment charges for delinquent payments of energy chorgqai pursuant to SCE's Rule 0 which Is Incorporated herein by reference. Returned Paymenfa: SCE may require ppoymenl of a $10.00 Returned Check Charge for any check reilurned from Customers Manclal Inetllutiao unpold. The Returned Check Charge will also appy to any forms of payment that are subsequently dlehonorod. Disoontlnuance of Servlca: Amounts due under this OBF Agreement will be amounts claimed due under each SCE utility bill to the Customers Service AccounNs), and a default under this OBF Agreement will be treated as a default under the Custom 9ery ce Account(s), Customers Loan Obligation Is sub)edt to the discontinuance provisions of SCE's Rule 11, Dleaontinuenoo and Restoration of Service, Section B, Nonpayment of Bills or Summary Bits which Is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OOF Agreement shall constitute a breach uder all of the above referenced agreements. For purposes herein. SCE may determine the OBF Agreement to be breached and Customer to be In default If Customer. (1) calls, assigns orotherwise transfers ownership, pals oaslon or tflo of the Site or the Equipment. (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(o), or (4) otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach Is not cured as apeclffed therein, Notwithstanding anything to Ilia contrary, In the EMS Agreement a breach and default as set forth N this section shell not be auWobt to any additional cure period. Following a breach as set forth In this seoton, SCE shall have Vis. right to declare the entire unpaid balance of the Loan Qbllgal an Purchase Money Security Interest: Customer hereby agrees that SCE may, but Is not obligated to, file o 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 connaction with the Financing Statement In order for SCE to perfect Its security Intdresl in ilia Equipment. Customer agrees that SCE Is not waiving any of Its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Form 14-702 0812012 25C-26 Confesslon of Judgment; Customer Irravocabij attorneys, upon breach and default by Customer e In any stale or federal court In Los Angeles County confess Judr7ment against Customor by entry of a o Procedure § 1132 OL serf„ or by any other eppr: costs of collection, Including without Ilmltatlon coi single exaralas of the foregoingg power to confoes I whother or not any such exerolas shall be held by E power will continua undiminished. and may be exer Oil amounts owing under this OBF Agreement have authorizes and empowers SCE and SCE's described In the preceding section, to appear California, as Customer's atlomVyil fact and nfasslan ofJudgment purouant to pode of GNI ulata means, for the full amount due plus all I costs and reasonable attorneys' foss. No dgment will be deemed to exhaust the power, iy court to be Invalid, Wadable, or vold; but the Ised from tmq to time as SCE may elect until reen paid In full, Modification; Any change to this OBF Agreement must be In writing and elyned by Customer and SCE; except that during any given month, It Customer Is unable to make NII payment on the Loan Obliggation, payment arrangements may be made at SCE's sole discretion without mods��IIno this 08 Agreement in writing, Any written modification cr amendment will not be effrAve unless and unit signed by SCE or such condition N valved by SCE In Its sole and absolute discretion,. Term and Termination It Is the Parties Intent that the term of this 0811 Agreement and the EMS Agreement run concurrantiy. Therefore, the OBF Agreement shall continue In effect unit the Loan Obflgatton is pard In full. Aaelgnmgntr Notwithstanding anything to the contrary In this COP Agreement, Customer may not assign its rights or delegate Its duties under the Agreement. Additional Roprosontatlons; Each perean signing (his OBF Agreement represents and warrants that he or she Is duly authorized and has the legal'rapaclty to execute and deliver this OBF Agreameant on behalf of Customer, and to perform theft obligations under this OBF Agreement. Customer further represents and warrants that If It is a legal entity, It is In good standing In ila'stato of formation. Miscellaneous: Except as otherwise speclgcally provided herein, all tonna, provisions, covenants, rapresantations, warranties, agreements and conditions of the EMS •Agreoment'shall remeln unchanged and In full force and effect. Should a conflict exist between tills OBF Agreement shell cthe ontrol. This This OBF Ag a ment shat be ceement and the documents onstrued and Iated nterpreted In athis OBF ccordance with, and shall be governed and enforced In all roe acts according to, the laws of the state of California. This OBF Agreement may be exeaulod In one or more counterparts, each of which shag be deemed on odglnal but all of which shall constitute one and the same Instrument If any one or more of the provisions contained In this CBF Agreement shall for any reason be held to be Isvafld, Illegal or unenforceable in any respect, then this OBF Agreement shall be construed as If such lnvelld, Illegal or unenforceable loon arpprovisicn had never been contained hardln and all other provls!ans of this OBF Agrasmont shall be construed to remain fully valid enfaroeablo and binding on the parties. The Recitals sat rorth above are hereby Incorporated hereln by reference. [Remaloder of page Intention$/ left blank] Form 14.792 0512012 25C-27 I%f 4'rIT%lE33 44HEREOF ;ha Partial hn re axecured tivs 03° A.;reemenl as of the Effective Dale Customer: Southern California Edison Company: Authorized Rapresentative Authorized Representative Title: Title: Signature: Signature, Date: Business Address Telephone No. Fax No. E -Mail Address: RECOMME'NDE'D FOR APPROVAL Date: Business Address: Telephone No. Fax No E -Mail Address: ATTEST Francisco Gutierrez, Exec. DIr. Maria D. Ruizar, Clerk of Council APPROVED AS TO FORM: (for purposes of sample form only; Wil need re -approval upon completion) HN M. FUNK Assistant City Attorney Form 14-914 04/2016 25C-28 n SCHEDULE A Customer Name: OHF Loan Number, Slto Service AOaeant Number I OBF Billing Ropaymon! 8ervloe Account Numbaf 1' Monthly OSF Loan Payment Remaining Monthly OB F Loan Payments X.XXX• xxXxxx x-xxx-Xxxx•xx $XX,XX $XXX.XXper monthfor Xmonths iota) Mont ly Repayment $ `,xX SXXX.XX per month fo'r X months Form 14-702 0012012 25C-29 25C-30 ,4.11: REQUEST FOR PROPOSALS (RFP) FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 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 jaguilariisanta-ana.org ckindig a.santa-ana.org Fuad Sweiss xecutive Director Pu lic Works Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: Thursday, August 9, 2018 Job Walk/Pre-Proposal Meeting Tuesday, August 14, 2018 at 10:00 a.m. Meet at 215 S. Center St., Corporate Yard Guard Shack Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Project Completion Date Invoice Submittal Date Thursday, August 16, 2018 at 5:00 p.m. Tuesday, August 21, 2018 at 4:00 p.m. Tuesday, September 4, 2018 Thursday, November 29, 2018 Wednesday, December 5, 2018 «i d41» 25C-31 C 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 21, 2018 at 490 n. . 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. 18-071 SANTA ANA CORPORATE YARD 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.or ids-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. 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 TABLE OF CONTENTS I. GENERAL H. 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 L 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 2dG"133 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 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 Ratine: 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 in 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 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 selection under this RFP, the City reserves the right to select the next most qualified Proposer or 4of41 25C-34 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 flims 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 III.D. 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.ore/bids-rfps. 543 25G-35 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.ors/bids-ribs. 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, however, this meeting is not mandatory. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section III.D: 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. 6of41 25C-36 IV. SUBMITTAL 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 Experience: 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. 29G"137 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 of page 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 'T 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 the right to begin negotiations and enter into an agreement without interview or further discussions. 8of41 25C-38 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. 2dG"139 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 Lighting Contractor Scope of Work City of Santa Ana - Admin and Maintenance (Corp Yard) The Energy Network Project ID: VNK" 6E Provided by - TRC Energy Services Scope of Work Developed by: John Rossi, PE July 23rd, 2018 10f41 256-40 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 Admin and Maintenance facility (Corporate Yard) 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. 2ed41 -41 Summary of Scope of Work Background The City of Santa Ana is pursuing a number of lighting retrofits at several of their facilities. This document focuses on the proposed lighting fixture and controls scope of work for the Administration and Maintenance Yard (Corp Yard). The Admin and Maintenance property is a small campus of buildings, including an administration office building, fleet maintenance buildings and several warehouse and work areas that are city owned and operated. The facility has a five day a week 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, canopy, and wallpack fixture replacements are included in this scope. Detailed area by area fixture counts are provided in the following: • Appendix A: Admin & Maint Lighting Inventory Santa Ana Admin & Maintenance Yard The following items and requirements should be clearly listed in any provided contractor bid: MANDATORY SCOPE -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) The majority of fixture replacements (and retrofit kit applications) will be like for like. Review to Appendix A for details. 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. 25442 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. 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. 13 f41 25 -43 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) Any existing controls system shall be demolished. 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 of invoice to Santa Ana by December 215', 2018. 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. 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. 14 of 41 25C-44 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://sceonlineapp.com/CAASpoort/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. q) Contractor will be compensated for work performed and fixtures installed prior to December 21", 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. 296445 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. 16 of 41 25C-46 SCE Sample Invoice - Customized Solutions Vendor Nene & Address Joe Smhh Company 123 East Maln Street, Anytown, CA 90909 Tel: 123,459.7899 Fax: 123.459.7899 Itemized Est of equipmentwith Duamity, Model,: Make, Told Desoiptim & Unh Price Invcice: Date: 1115110 —Pimhase Date Im tMo. 12315 sets "'W' wke Name 11-cogesmplur Cmta Customer Name Addresa: 43615'aatAlmoStrcct &Address City/StateZp: Anywhere, CA 99999 General Inc. Cordad John Bm{m Itemized Est of equipmentwith Duamity, Model,: Make, Told Desoiptim & Unh Price Invcice: Date: 1115110 —Pimhase Date Im tMo. 12315 sets Noche wke oft'dp9on a cult T" 20 RF119876 General Inc. 8'4-IampT3 Int Higb Bay FLaume(3161V) 200.00 4,000,00 80 FStT5/811/ Gmaal hu. TS Lampe for High Bay Faaurca (5 1%U 10.00 800.00 HO.'ALTO 20 RX -2554 General Inc. Bahasb for Irish Bay Factures 40.00 800.00 5 Q345 -BBI Grnaul Ino. Compote Fluorescent FiaNrw(24W) 60.00 300.00 Barecaww. - Measure L-116: RgIne S' NumpTl2 Vay flisli Output Fluor fixrmea (430 Waft,Model 9145645 byChmmal Inc) - MCaauol.C2 Rtplace bwandexent Factum (75W) Materials 5900.00 Tax 486.75 Installation 1,000.00 Inwike Total 9_586.75 Less Edison Rebate -2.585D0 Total After Rebate 6801.75 PND Important Neter. e If Customeric not Pasee(rebate is directed to Vender or other 3rd Partys Payment Release Authod2aten in Section B of application must be completed & conlam Customer's signalure. e AWlfioteeuountfinetellationlacefions: All the Mu7ip/e AccounlSpreedsheef available for download on -fins atwww.so.wmhusnesslemslappdownivad. kn 29641 96 47 Wale Baw arm (Old Equipment) (or attach on separate sheet) Hander is Rebate Payee, Total Rebate Amount deducted tram wlesprice Marked mor contain Terms 25C-48 {!! ;;i)i;|[[;;;§!i[ ( §§§�)/)))owow) §§l;;=lnl�l::�!!;§ ........... !! jAj5 §1 /\\\\\\\\\\\\/\\// \ k\\ ()\§|§§)§\(§})§§§§§|§§§ !l===!!!!!!!! // /\///// {!{)\(E)){; 6 0. =t 2R 25C-48 25C-49 >,,,z „ z,,, ,,,.,,, -,,,Z,- „ z,>=>>z> „ >,> „ .>.>>,.,� (77(77((7(\({7((7((77((({({ ){ -)/§))\))§)§))2 t §!:§-111 §§\§>A A.1A ;;;!l,:.,.!!■,:;! ........................... „ 1,::,!!; \\\\\\\\\\\\\\\\\\\\\\\ \\ Q:vi0))))!/f| °/°\)\0� _!!_§v;o2 //§)\){� �/� �`°\�/ 65 \} /§}\\ §§(())\\§)§�§�)))§§}�\)(§§� ` !! § | 25C-49 250.50 Hdd . . . d- „ Z,Z,.+ ,,,, »l�IEl.......... I2fl±II!!!!I!I!2!!!!!!!! .. )§!/§§i?E E2 0V !!!!!!!!!!!!!!!! ISIS ......!!! \\\\\\ \\\\\\\92 \\\\\\\\\\\\ IT - - ---- ii ;... \�)�t) /\/�/\////)/!/o !;; `§7',•°�` ir ]l;;. \ §§\))/\ir/ii��\/ 250.50 }}} Z 2 H- 2 +H+ Z Z dddd 2 2 2 ddzk 2 y y y z z y y z y y> r>> r z Z y y z z y y Z Z y y } } Y } } } } > > > > > > > > Z z r > > > r r > r r r - n n ry Sp Y 5" F M VE `e —_ ¢ K O K K K K K K K K K t t N Y N 32 o QQWK K g YJ O O O O a¢¢ W W w W W W W W W W W W N V j -e IJI W W l91 W W J v 6 W g g d 8 g d m i N N N g 0 s i o a o o a 6 K Z K K K K K¢ K K¢ R ¢ K y K K p C m_^ii N F S� SY k SY n y& C >mem m e m s tt C CC ER ALL �$�F �°. o wo 2„o -`m =2„2 ZL mo mcm wo - v &o ao aY A°En m'qa z Ec `t mE EQ J S E� Er EF E�-EF :r EF EF qF EF E EF EF }'e rc EC 9 „-1 J m n�nE mai 9 9 3 3 0 3 9 9 E y N 3 m m mq ra a f ry 6 ry K S R p p v s N s N f N a o n o K K� i m i m S m S$ m a N r LL 41 E 1 I N LL a t S � E 3 E 3 3 1. o e E E E 6m 1. nm �mm E m 6 ^ arf ¢ K a E• m K O U U E O £ O O E U E U W E O a � � m o a K m w u a m V C R R 3 cp V N 3 E ¢ 6 Q r ry a N N Nm N U¢ N V m v N w 2``E� N N ttQ Q FF6 3 3 25C-51 O N Z> Z r Z 2 Z Z Z ddd+ - 2 r 2 Z Z Y}}} 2 r Z Z> Z>>>> i i i i z}}}}}}> Z r r>> y r z r> r Y r r}}> r r> s r r r y r r r r}}> r> r n h M AMM c 8 `e e e e 2`e `e w w w w J 99 J o 0 0 W 0 0 0 0W N 0 J o J w w W oW 0 0 0 w m a° J m n` J o w w J m h N d g 8 g 8 8 3 � 3 ckc cmc eRm ^fie m� cR Ac EEEcEoae"'aeogae Eaae ae aeaeaegEg2"2E2neNoaoao Eeme E W rad S„ rag CEi-EF 9 3 EF�wEE 9 meg i-� mI � rEf J 9 �~9 r rE>Er 3 3 EF 3 EF 9 S`a ra 3- n ry 4 T :9 & J J J J J J~ J J~~~~~~~ J J J J J J J J J J a m m m m m m m 3 3 3 6 tie s S.S E E E u vii V ink m m m ry m cp m Uva" _Q cj cj cj m m Q° cj c� !E E m v cj qQE e �< Cj E E O O m O O o O o 0 o e O U O o V U U V U V U V S m � w 3 � E e m m a r N � 2• e LL i ¢ �g V j N U 9� N W m N W WN F W W J W J N J WJ F W W WF` W W G LL J W W W W W LL J W LL 25C-52 O N Z Y Z Z>) Z) Z 2 2 2 Z Z Z} T> Z> Z Z Z Z Z Z Y }}}}} Z}} Z}}$ Z> y y$> Z Z Z Z 2 2 Z Y Y Y f> f>) Y) f Y> Y>)) Y> Y Y> Y Y} Y} S`• � `5 � 5` i`� 5`� 5`� 5`� 5`� `5 `5 C C C E _ _ U U U 2 u u m o 0 o t o o o a o 0 0 0 0u 0 o w u9 J w w e w � W j w . . . . w � A A o A A A o o o A A n n n v om am a i a" h N K K t K K K K N K K x ¢ i S m.ri �� S mm;m @p p m@m m@m@mmsi gym m SR.ELL SLL �k �Gc EX �Ymi �t'm cF ck ^u�m. nLL_n me `E4 mQxu ErgFS„`EF Em •nenemomm E�E�EF���F��•S5 E rt E m E - E •SF m�9e9:�i Em ELL EW aE^E gFJ?JF-n--- E m E m E m E m m m E m _�nLL m _`c'LL_� g mm °'E qF 9 mem 3 3 3 3 3 3 3 3 3 3- 3 F ' F p~' ¢ x¢¢ p~' ¢ x x x x x m x x S¢ p• S x S S x S S x� LL m m m m N m m m m m m m m m N m N w N m Nry m m ry w ry w N m N m m m m m N m ry m N m ry m ry m N m N m ry m m m J J J J~ J~ J~ J~ J J J~~ J J J J J J J J J u m u E E E 3 3 `s•m m n in o c ry n o w o q H a o in o w C-`�m m m cj u y m cj m Z m f cj k J J m m o `� c� c� `� Jm ` U y U y U ry U p U y o m `� o x c o , , J m� m< o o e o and rvd and and nd 0 O V J O U a V O U 0 V V U U J m E a E E E m u ` m m E f c wm,�c�ao m n T o •'+ a m � @ '• '• m ry u 6 i 6 m u Fi n ° m 1- N E K m Y S U Ja •d m m � a o O K K 0 K @ d, K � N o � • N u ry CI N K lil N V > N N N m m N o m 0 m a v� � o c a >U m � � • •r• n m m F N N h HF U IJl W oo- c EmU w x w y* f N v�m232Z aE w J c - 25C-53 C O N Y Z Z Z> Z} Z Z Z Z 2 Z Z 2 2 Z 2 2 I- > Z Z Z) Z Z) T Z Z Z Y Z Z Z Z Z Z 2 Z Z Z Z T) Z Z 2 Y }}} Y) Y T T T) f f Y Y> Z Z Z Z Z Z Z} T) mry $ m $ m z° z° z° �-j j XI - A E N Fi 0 y� 90 A 6 4 4 d 6 LL LL WN J � 6 LL d 0 o 8 m o e e e e m o 0 0 o a e o 8 0 0 0 0 0 o m o $ e m^ m = 2 m o o I o 0 2 U V V K K K K y K EFm NLL NLL $R �S $SJ $SFY N�nLLF nLLF ¢ ¢ ¢ cY $Y�iq n4 u LL ^ e E m 3„qe x e a EC E- 3599„9„-1 E- E 'm E- E a g m Y y'� m o EF9$ E- E� 'n =y m£ zLL m m E a" `„tu U U m n E SEE .,`„iu nmuU tSi Er 3 3 3 3 3m E 3 3 3 3 3 3 3 3 3 z 3 Z- uv6muo^ E E M - - �m �m �mm Nm 6mV'�m w`c K K Y m m m ^ 3 9 u $= O Y Wa==Aa v m U Y° E � �a V aV e 'e a U 'e a U e a U e amara U V n �qaY” V v m V m E� n 0 V 0 U o U J U o U 0 U 0 U V V U d N o K 19 c mnK N c o K e o 2 0' 0 q mry 6 m r Q - m U V U 25C-54 - Room Type Classroom/Lecture/iraining Room Com/Ind Refrigerated Storage Com/Ind Storage (Cond & Unconditioned) Conference/Multipurpose Area Corridor Dining Area Elec/Mech/Phone Rooms Exterior General Com/Industrial Work Area - Low Bay Gym Kitchen - Food Prep Lobby - Main Entry Locker/Dressing Room Lounge Area Offices 250 sgft> Offices 250 sqft or less Restroom Stairs 2ed4�5 Responsibility Matrix a al,, $ Construction Secures Construction Permit S 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 S P R Correct Punch List Items R/A P O&M Manuals and Training S R/A S/R P Final Inspection P/A P Acceptance P/A Lighting/Mechanical As -Built S 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 Systems Manual R W/AS/R P P P Pp -rt.- R iNJ vo fR P oCIR s ge cyof N �grnea'ng o s R ontraco Constructio F'r - 26 of 41 25C-56 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 , 201 X, 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 27f 41 256-57 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. 28 of 41 25C-58 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. If Consultant 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 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. 7. 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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. 29d%9 8. INTELLECTUAL PROPERTY INDENINIFICATION 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. RECORDS 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. 11. 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: 30 of 41 25C-60 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 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 , 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 To Consultant: 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. 31f41 25d-61 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 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 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. 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. 32 of 41 25C-62 19. NIISCELLANEOUS 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, 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 lD# 33 56-6 2 3 SCOPE OF SERVICES 34 of 41 25C-64 EXHIBIT B FEE PROPOSAL, including hourly rates 35f41 256-65 EXHIBIT C CERTIFICATIONS 36 of 41 25C-66 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 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, farther, 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 296— 1 67 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 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 malting 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. F5 omit Signed and Printed Name: Tide Date 38 of 41 25C-68 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 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 2 1 469 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: 40f 41 256-70 1 *44 111.110 ADDITIONAL PROVISIONS 2�1�4�l1 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villegas August 20, 2018 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 vww.santa-ana.oM ADDENDUM NO.1 RFP NO. 18-071 ENERGY LIGHTING RETROFIT AT THE CORPORATE YARD DATE DUE: AUGUST 21, 2018,4:00 PM QUESTIONS &ANSWERS CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar 1. The RFP states that zone sensors cannot be battery powered. They must be hardwired. Will you accept sensors that are powered by ambient light? Yes, so long as the technology is commercially proven and warrantied. Also, please ensure that specifications are provided 2. Will you accept wall switches that are wireless and powered by kinetic energy? Yes, you must ensure that specifications are provided. 3. SoCal Edison no longer offers much in terms of customized rebates for lighting. But they do have a Midstream Point of Purchase program where the rebate is paid directly to the distributor and the price is reduced on the invoice by the amount of the rebate. For this rebate program, there is no application or Trade Pro requirement with SCE. If the proposal is priced with the Midstream Point of Purchase program, must the contractor still become a Trade Pro? The Midstream program is NOT and will not be leveraged for this project, the customized incentive program is being utilized. Contractors MUST be TradePros. 4. The energy section of the California building code (Title 24, Part 6) does not require occupancy sensors or daylight harvesting, if there is a 50% reduction in rated power in office spaces and 35% in other types of space. Is Santa Ana voluntarily going above code with daylight harvesting and occupancy sensors? You can get great energy savings at a much lower cost without the controls. As a rule of thumb, controls save 20%. But in this case, that 20% is achieved on the LED energy consumption. If you save 50% with the LEDs, the incremental savings generated by the controls is only 10% of your original lighting. This is because the new lighting is half of the old lighting. 20% of 50% = 10%. That incremental 10% savings is considerably more expensive than the first 50% saved by the LEDs on a per unit of savings basis. If the answer is yes, Santa Ana wants to go above the code requirements, which areas in Appendix A are near windows or sun lights and require daylight harvesting? The improved lighting controls are desired by the city. 5. Will an RFP be accepted that doesn't include the "Add Alternate Scope" Advanced Lighting Controls System on page 13 of the RFP? Yes. 6. Does this project No.18-071 require a bid bond? This project does not require a bid bond. 7. Can you please supply a site plan? See attached plan SANTA ANA CITY COUNCIL Miguel A Pulitla Michele Martinez Vicente Samiento Jose Solorio P. David Benaddes Juan Villages sal Tinajero Mayor Mayer Pro Tem, Word 2 Ward Wartll4 WartlS Ward rtwulitloa-ana.ora rnP-anao vnienl rantaanaora 26C4.2 n tlhenaVtlentdnaobllenasDaantaana.sfinaieroa -anaara Page 2 of 2 8. Who is responsible for the anti -bird netting. It looks old and could be damaged during retrofit? The netting is accessed for normal light fixture maintenance and has not been a problem. Caution should be taken as they are not damaged at this time. 9. What are the ceiling heights in the fleet building? About 25' 10. Are there any Hazardous locations requirements for the fixtures over the fueling station? No hazardous location requirement over fueling station. 11. Are all lights on emergency lighting inverter circuit or are they to have individual battery back up? All emergency lights are on backup generator, no battery backup. ALL OTHER TERMS, CONDITIONS AND SPECIFICATION REMAIN UNCHANGED. I acknowledge I have read this addendum: Authorized Signature Company Name SANTA ANA CITY COUNCIL Miguel A Pulido Michele Martinez Vmnte Samiento Jose Solari. P. David Sanavides Juan Milegas Sal Tmajem Mayor Mayor Pro Tem.Ward2 Ward? 2 N'r /'11 8n -1� Ward Wards fta 6 ®ulitiv(oMayor-ana.or. mimadinPro Tantaar om vsannientWardntaane..ry L 'o�n �r dbenavitleWard4ta-ana am ivillevasCa)aantaana..ra sGnaier.Ward to-ana am 25C-74 EXHIBIT 5 AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE CITY OF SANTA ANA CORPORATE YARD 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 9, 2018, the City issued Request for Proposal No. 18-071, by which it sought a contractor to provide and install advanced energy-efficient lighting fixtures and controls at the City of Santa Ana Corporate Yard. 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. 18-071. 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 mayreasonably 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. 18-071 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 $446,969. This sum is comprised of (1) the Contractor's estimated project cost of $406,335 and (2) a 10% contingency in the amount of $40,634 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 obligations established through these means are intended to and shall survive expiration of this Agreement. Page I of 8 25C-75 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 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 Page 2 of 8 25C-76 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. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 8 25C-77 (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 (3 0) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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, recklessness, or willful misconduct of Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, 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. Page 4 of 8 25C-78 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: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 25C-79 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 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. Page 6 of 8 25C-80 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive 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. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, _ interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 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 Page 7 of 8 25C-81 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:. J&fn M. Funk Assistant City Attorney 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 25C-82 A C k vain ^kY Mol. -�. � ���y{ ._ � '--s err �' •��° �V- S i � _ �� ` - ,- T- _ _ a �• A ^7hq �;yJ � i e++ ANIFWf- t R_ •Y�r"'—1 — � _rte _ .3 �� a.+.. —.. _~� t'.I—_ ���"Y .E u... ai' A C k vain ^kY Mol. -�. � ���y{ ._ � '--s err �' •��° �V- S i � _ �� ` - ,- T- _ _ a �• A ^7hq �;yJ � i e++ Table of Contents I. Cover Letter and Company Overview.................................................................................2 II. Important Company Facts..................................................................................................3 III. Agreement Statement.........................................................................................:................3 IV. Understanding of Need........................................................................................................3 V. Profile of Services (Firm and Team Experience)..............................................................4 A. Audit Services.............................................................................. .............................................4 B. Lighting Design...............................................................................................................................5 C. Installation.............. ..................................................... ....................................................................6 D. Management of Utility Incentives....................................................................................................7 E. System Maintenance......................................................................................................................7 VI. Key Executives & Technical Staff.......................................................................................8 A. Chris Kirchwehm, President.. ..8 B. Erica Inderwick, Senior Vice President...........................................................................................8 C. Matt Klrchwehm, 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 ........................ :.................... .... Errorl Bookmark not defined.0 X. Project Case Studies........................................................................................................111 XI. Schedule.....................................................................................6.....................................115 XII. References .:::::.:::.:::::.:..:.....:::...... :.:::::.::..::..:... ::::.:.... ::.:::::...... ia..,.::.::::....... ::... ,.:.......... .115 0Emmsy FZErgoFIT 093. saa.sam s.,wrcrseu 25C-84 I. Cover letter and Company Overview Attached you will find our bid and submittal package for your RFP No. 18.071 Santa Ana Corporate Yard Energy Lighting Retrofit project. Since 2008, Energy Retrofit Co ("ERC7 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 TIUe 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 Caffomles top utility companies, and we are proud of our top-rated safety program, and our industry. leading sustainabllity 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 took closely you will conclude that ERC is the most qualified, while also offering the very best pricing in the industry. Sincerely, Chris I<irchwehm President Marketing Power Inc dice Energy Retrofit Co. Business Entity: $ Corp ..MN ENERGY RETROFIT Ca. 25C-85 II. Important Company Facts Legal Name & Address Marketing Power inc. dba Energy Retrofit Co (ERC) 27363 Via Industria Temecula, CA 92592 Contractor Licensing California — Class 010 (Electrical) and Class 8 (General) License #924719, 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) $5,000400 (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—TGA813924 LEED AP ID&C Small Business ELBE 7 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 Ill. 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 %,,P ENERaY REFROFIT CO. .S.a-=.T SuuLmm 25C-86 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. Overtime, 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 point where 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-underourbelt; we know lighting=thafsall we -do. -Our sward4nning 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 rife, 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 frequently begins with an energy audit of the facility. This service includes the following: • One of our experienced lighting 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 righting 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 client's goals and expectations. We will educate the client on diverse options and capabilities of the latest in LED Lighting technology. ENERGY RETROFIT lin. awns ^Mw �.+� nm4n 25C-87 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 andlorgoals for each facility; o Match or improve current light quality and output 0 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 K TLED lamps with new ballasts, P 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 Techniclan to ensure that the system complies with state or local energy codes. If a customer has specific{Ilumination standards that must bsmet, w6have.13-hquse ability to desidn a system based upon accurate photometric predictions for light levels. o ERC s certified lighting designer utilizes A13I32 Lighting Software, the industry standard for accurately calculating both Interior and exterior light levels. o The customer's existing Ilghting fixture schedule along with CAD drawings are collected, and the information is then input Into the A0132 software. The software allows our designer to simulate the new Illumination levels with the proposed LED fixture. a Our designer can then select the appropriate LED fixture that produces the Customer's 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 �'FNERGY REYFmvcr M 25C-88 closely with purchasing to ensure we are recommending the most efficient LED lighting technology from proven suppliers. Pdorto completion, our design team will review the final proposal to ensure thatthe following details have been clearty articulated; o Total project cost for a 9um•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 & maintenance savings calculations for each individual fixture type and fixture location throughout the facility, o Return on investment (ROI), as an annual return on -capital Invested. o Lighting Service Agreement (LEA) payment and cashfiow calculations. A meeting will be scheduled to review the final proposal (s), and adjustments can be made to complete the clients 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 Aout the eustomerever knowing we were even there. Our process for Installation includes t e liovW#. 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 atthe facility, etc. • The fixtures will be ordered, and our plan will be clearly communicated to the site contact. We will send several emalls 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 whatevertime 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. EMEMSx REMEWIT GO. 25C-89 • 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 theproject. 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 state. 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 effect 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, havingknowledge of customereltglbllity, 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 08F 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 alighting 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 48-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 focusan the more pressing areas of their business, while we ensure their lights are always working. ENERaY RETROFIT Go. �s amry x.,K.rws 25C-90 A Key Executives & Technical Staff A. Chris Kirchwahm, President Bachelor of Arts, UC Irvine American Lighting — VP Use & Marketing 2003.2008 Energy Retrofit Co. 2008 -Present o President and Principal o Oversees all aspects of safes 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 forcompiying 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, 20MPresent o Operations & Solas 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 KIIby, VP of Sales, Business Development Bachelor of Science, Electrical Engineering —Virginia Tech 25 Years Sales & Management Experience —10 Years in 1`1000 Companies Energy Retrofit Co. 2011 -Present o Manage Sales Team of 12.15 Outside Sales Reps o Intimate knowledge of Lighting Applications & Custom Solution Development o Responsible for Sales Enablement, Training, and Sales Processes o Manage eCommerce Operation 0%E"E SY iZETxUFrr Ca. 25C-91 E. Ben Van Elton, 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 a 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—Southern 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 K-12 and higher education facilities including DSA Inspections 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 Plan (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 safely 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.Utillty Companies. A partial list of these awards includes the following: • Southern California Edison: o tsr Piece — Highest kWh and kW Energy Savings 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 0 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 EraERisv RETRoFrr Cr. 25C-92 IX. Relevant Project Experience O T 0EA PCOMMEWALWINDUST IAL1,COOL o&CDL 03gs Commonwealth Audi Canon USA Poway USD Mercedes of Son Diego General Atomics San Lorenzo USD Lexus Escondido UnderArmour San Bruno USD Kearney Mesa Acura FedEx Rialto USD Newport Beach Lexus CBRE Pajaro USD Penske Auto Irvine Company Jones Lang LaSalle Robert Half International Orangewood Elementary Edison Middle School Calvin Christian School JOW,NO , A ON DY California Highway Patrol Buena Park Library Lockheed Martin St Joseph High School Anaheim Convention Center Trane Corporation Escondido Christian Cit of Tem cula Sierra Pacific Properties Frito-Lay Penske Automotive Marin County High School Foothills* Christian High School Saint Joseph Academy Hyatt Aventine Oakland Airport Hilton Trader Joe's Christ Lutheran Elementary Palm Springs Marriott Pell Development Dover Elementary Sacramento Double Tres by Hilton Electrolux Sierra Charter Wyndham—Irvine _.Goodyaar__.- . .. .......... R.IQhland USD Hilton Arden West General Wills Bishop O'Dowd High School Ba air Center Mall Hitachi SutterHome Quaker Oats River Delta USD Bellarmine College Prep Coleman University -'HQ8P 5AV% IrA ITCA Scripps Health Sharp Community Medical Group Del Monte Santa Sophia School Abbott Laboratories Hitachi San Bruno USD Dr Leads Dan !M ING -Pottery Ram San Diego Zoo Cottonwood Charter Coast U81) River Delta USD Solana Beach Presbyted n 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 Neurcisciences 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 061 Mar Pines OF% ENERSY REMOM CEL And Many Others....... 25C-93 10 X. Project Case Studies Poway Unified School District 37% 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 subcontractorfor Samhom Construction and together the companies won a bid RFP that was valued at $1.5M. The project featured funding from California Prop 36, 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 =$11M. 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 0-1 OV 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. t 41EmERsy REmoFir Co. 25C-94 11 UTC Aerospace 55% Annual Energy Savings PROJECT DESCRIPTION UTC Aerospace awarded a design•build contract to Install new LED lighting to Improve safety 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. Protect Images SCOPE OF WORK ✓ Designed & installed new LED Itghting throughout the campus. ✓ The retrofit exterior solution Included the replacement of all High -Pressure Sodium Ilghting with LED Lighting design software (AG192) was used to ensure that new lighting would be significantly Improved in all areas ✓ New LED High Bay fixtures 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 safety. ✓ 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. Q 7N.ENERmy RErRoFwr Com. Ly. Sb 'Aw.g Mc 25C-95 12 Aromas — San Juan Schools 65% Energy Reduction PROJECT DESCRIPTION The Aromas i 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. Prolact Images SCOPE OF WORK ✓ The project featured over 1300 now 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. t have no doubt Energy Retrofit Company would be a value to any organization that would choose to use chem. l give my highest recommendation. If f can provide any further assistance, do not hesitate to contact me." - Daniel Carrillo ETCVIRGY RErpmRT Co. 25C-96 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 deslgn•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 Efflclency and Conservation Block Grant (EECB4) 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 $380K per year. ✓ Overall project cost = $785K. 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 faciliities 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 centers schedule of events. QEMER15Y RE RCIFrr Co. 25C-97 14 A 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 expectatlons 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. XII, References Anaheim Convention Center Kell! Tunnicliff, Purchasing Director, 562-209.0037 City of Temecula • Bruce Wedeking, Facility Maintenance Superintendent, 951-699-1403 City of Roseville o Charles Aycock, EIM Systems Coordinator, 916-746-1838 ENERGY RETRCtFrr Co. �ys+mw a„;,rorm�r 25C-98 Fry 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 17, 2018 Installation Begins September 19, 2018 Sensor Installation / Commissioning October 19, 2018 Punchwork October 25, 2018 Pro act Complete October 29, 2018 XII, References Anaheim Convention Center Kell! Tunnicliff, Purchasing Director, 562-209.0037 City of Temecula • Bruce Wedeking, Facility Maintenance Superintendent, 951-699-1403 City of Roseville o Charles Aycock, EIM Systems Coordinator, 916-746-1838 ENERGY RETRCtFrr Co. �ys+mw a„;,rorm�r 25C-98 Fry EXHIBIT A SCOPE OP SFRVICES 34 of 41 25C-99 ; ENER13Y RETROFIT Cion Sai4n� ,�aer�,y &mN .02my City of Santa Ana Corporate Yard Attn: John Aguilar / Christy Kindig 714-647-5008 Scope of Work — Santa Ana Corporate Yard Lighting Retrofit Total Project Cost Base Bid - $244,599 - Title 24 Certified • The base bid includes all new LED fixtures to be installed. (troffers,strips, highbays, vaportites, and exterior fixtures) • Title 24 occupancy sensors will be Included in: 0 offices less than 250sf o conference rooms o restrooms o exteriors o warehouse strips, vaportites, and highbays will get an individual sensor • Daylighting has been added to offices greater than 250sf but a walkthrough will be needed to. verify where the windows are located. Daylighting pricing is an estimate. • Title 24 will be followed and engineered by a CALTCP Technician for this project. • Estimate SCE Custom rebate based on Scents KWH plus 1SOM and operating hours of 12 hours per day 5 days a week. (not included in bid $28,286) Alternate bid includes full dimming, occupancy, daylight, and Tablet Scheduling - $s328,049 • The base bid includes all new LED fixtures to be installed. (troffers, strips, highbays, vaportites, and exterior fixtures) • Title 24 occupancy sensors will be included in: o offices less than 250sf o conference rooms o restroom$ o exteriors o warehouse strips, vaportltes, and Full dimming Is included on everyjniOM ENERGY FZETRoFiT Co. 53+2M9 afflTy SBrM money • Fixtures can be wirelessly scheduled on a tablet. They can also be commissioned and grouped as desired. • Estimate SCE Custom rebate based on Scents KWH plus 15OKW and operating hours of 12 hours per day 5 days a week. (not included In bid $28,286) 25C-101 m -.21. 1 AqN 1.29 OL 'AON-81 9L-AON-�L 0 %-AON-90 W-PO.6Z 0 9L-tO0' ZZ OL -IDO- GL ft -100 - 90 MV 9 L - des - o t oL . dQ$ - to BABO eleldwoo 94ea 117,J SAeCl BUIXJQAA aleldwoo % (SAe(]) uoqeincl. m 25C-102 0 0 0 0 25C-102 MV A I 117,J 32 3L 25C-102 EmdroTech 'tN Light9ng LED Fixtures — High Bay Applications: Warehouses, Retail, Gymnasiums, and much morel Product features: • LED Saves 60-75% of energy over HID and 40-50% over T8/75H0 • Die formed 24 gauge cold -rolled steel body. All steel surface are post -painted with high gloss baked white matte power painted. • V•Clips for Dual Point Chain or table Hanging. • Tookess Hinged bottom LED Driver access doors. • Included high transmission opaque acrylic lens. • High Power LM80 Approved LG Gen 4 LED's • ESPEN Class -2 Constant Current UL Listed Dimmable LED Driver • optional offlevelOccupancy Sense r • DeslgnUghts Consortium Premium (part codes listed in box below) • 10 years warranty,100,000hrs Ufespan Product specifications: LED TYPE: Seoul 3528 Chips • WATT$: 110W, 260W, 220W, 320W • EFFICACY: � 130+ Lm/W (delivered) • GRI: > 80 Ra • COLORTEMP: 5000K (Optional 4000K) • BEAM ANGLE: 150 Degree DRIVER: Espen Constant Current Driver VOLTAGE: 120-277VAC FREQUENCY: 50/60Hz Included 0-10V Dimming • • • DIMMING; • POWER FACTOR: • TND: > 0.95 < 20% t o enyirote6fig ttina-c:om EI-MYZ7i ESPEN ®®® 114Cv 14,41)Irri: .24":11:13"`.if 5" i 16OW 21,222Im 24" x 13" x 4" r,„+•2.QW`'.:29�2S�I0ls�':�.45"�14.�3"��,(4"::: 320W 42,0511m 46" x 13" x 4" MET—,- .�et�� es �'4"re�i ��. sz .� r: t,g#+. a tc,�d � -�' �eti(y�`a�eP `��y vl� �QPgcl`uctJQ'.:. „s a • jF `�' 'J-;`�'i t2 ”' 3 �'�."' '; v '}4i��vrh' , 110W ENV-LHQ7IMSK PL5027CO*9 160W ENV -1.1-1117-160-51( PLPIP7FUFBV2 220W. €NV-LHW77.nQ•SK; PL74W411106F 320W ENV-LHB7-320-SK PUDA91UTM77 FIXTURE: • MOUNTING: Provided V -Hooks, Optional Pendant Mount � • OPTIONS: Occupancy Sensor, 81 -Level, Wire C( L us IIj<f! i ZigBee Guard, Pendant Mount, Wireless USiEa Controls, and EM WARRANTY: 10 Years EnvlroTech Lighting Confidential, Rev 0118 25C-103 ,PtV4%k' Lig}ttjttg LED Fixtures — Radial Strip &Retrofit Applications: Warehouses, Manufacturing, Parking Garages, Retail Product Features: • LED Saves 60.7S% of energy ever HID and 40.50% over T8/TSHO • Die formed of 24 gauge cold -rolled steel body, post painted with high gloss baked white matte power painted, • V-CBps for Dual Point Chain or Cable Hanging. • High Power LM80 Approved Seoul 3528 LED Chips • ESPEN Class -2 Constant Current UL Listed Dimmable LED Driver • 0-10Vstandard dimming, optional BUeve/OceuPoncySensor • 10 years warranty,100,000hrs Lifespan Product Specifications: LED TYPE: Seoul 3528 Chips • WATTS: Strip Fixture: 25W, 46W, 38W, 52W • FREQUENCY: Strip Retrofit: 23W, 46W, 38W, 54W • EFFICACY: - 13D+ Lm/W (delivered) • CRI; > 80 Re • COLOR TEMP: 5000K (Optional 4000K) • BEAM ANGLE: 200 Degree DRIVER: Espen Constan4Current Driver • VOLTAGE: 120-277VAC • FREQUENCY: 50/6OHa • DIMMING: Included 0.10VDimming • POWER FACTOR: > 0.95 THD: <20% FIXTURE: ENV-LRSRK•8L-38W5K • FIXTURE MOUNTING: Provided V -Hooks and Surface Mount • RETROFIT MOUNTING: Attaches To Existing Fluorescent 54W Channel • OPTIONS: Occupancy Sensnr,Bi-Level, EM, ENV -LRS -SH -52W -5K Wireless Controls WARRANTY: 10 Years 23W ENVAMRK-4-23W-59 PCM4QHQG 25W ENV -LRS -4L -25W -SK PLOKSW7LLOF3 46W ENV-LRSRK-4H-46W-5K P7MX801W 46W ENV-LRS-4VH-46W-SK PL364HMTQ4P2 38W ENV-LRSRK•8L-38W5K FQS897T6 38W ENV-LRS-8L48W-5K PLNMXT82ZQ 54W ENV-LRSRK-8H-54W-5K- PAVZ616Fi 52W ENV -LRS -SH -52W -5K PLFP0160AEL4 90W ETLsN-S-aW6L/90/YbM5K P7FNWGZL www.enviraterh9i0hUmcom 888-760-4422 ""ESPEN- EnviroTech UghtingConfidential, Rev 0118 25C-104 k r.'7:/� {'!.l Btrgf(t ... 2AV , :10901tii ..: 0 '. strip 25W 3,2501m 4' Retrofit 44W; .00010. 4i Strip 46W 5,9801m 4' Retrofit 38W 0461m.. 8' Strip 38W 4,94018 8' .Retrofit 54W 7,0201'm 8' Strip 52W 6,7601m 8' Strip 9OW 11,7001m 8' EnviroTech UghtingConfidential, Rev 0118 25C-104 k r.'7:/� {'!.l En /I ®Tsc L19ht3ng LED Fixtures — Recessed Troffer Retrofit Applications: Recessed Office Lighting, Hospitals, Retail, Universities Product Features: • LED Saves 501Ya-60% of energy over fluorescent T8/T5. • Retrofits Fluorescent recessed troffers in minutes—with no need to dispose of existing fixture body. • Simple, tool -less installation with easy access to components for future maintenance, upgrades, • Die formed of 22 gauge cold -rolled steel body. Post -painted and powder coated with high gloss baked white onamel finish. High transmission diffused opaque lens gives uniform light output: • LED Class -2 Driver with 120.277v and 0-10V Standard Dimming. • DesignUghts Consortium (DEC) Listed Below • 10 years warranty,100,000hrs Lifespan Product Specifications: LED TYPE: Seoul 3528 Chip • WATTS: 18W, 23W, 36W • EFFICACY: ^ 132t Lm/W (delivered) + CRI: > 80 Ra • COLOR TEMP: 40POK (Optional 3500K, 5000K) DRIVER: Espen Class -2 Constant Current Driver • VOLTAGE: 120.277VAC ° FREQUENCY: 50/60Hz • DIMMING: Included 0-10V Dimming • POWER FACTOR: > 0.90 • THD: < 10% FIXTURE; DIMENSIONS: • MOUNTING: • OPTIONS: WARRANTY: 1x4/2x2/2x4 Recessed Parabolic, Prismatic, and Direct/indirect Tubes Emergency Driver And Controls 10 Years www.enviirotechnlaWnLr.com 888-760-4422 jESPEN" 23W 24L 2x4 31001m 23W 14HLP 1x4 29SOIni Tv .2 KV3L17V 23W ENV-LRTRK-14HLP-23-4K EnviroTech Lighting Confidential, Rev 0118 25C-105 ErlvroTech L i g h t i n g LED Fixtures — Area light AL -Series Applications: Parking Lots, Pole Lighting, Flood Lighting, Wall Mount Product Features: • Replaces inefficient HID pole, wall, and floods up to 1500W. • The one piece die-cast aluminum housing with UV resistant polycarbonate optical lens, outstanding corrosion protection. • Flexible mounting options for square or round pole mount, slip fitter or wall mount. Attractive Bronze Color— optional custom colors • Photocell (twistiock) and occ Sensor for BI -Level Dimming. • Replaceable LED boards for easy maintenance. • Custom Optics Options —Type 3, Type 5 LM -79, LM -80 tested, up to 100,000 hour lifespan • DLCClasslfication: Premium (4.2) • DLCPdmary1Jse.Outdoor Pole/Arm-Mounted Area and Roadway Luminaires wtnnv. a nvi rotechiightin g.com 888-760-4422 AL -Series AL Series Show With Optional Bi - Level Sensor Product Specifications: LED TYPE: IP66 Rated LED Light Fixture 40 5,666 L h 25OW • WATTS: 40W, 70W, 105W, 150W, 200W, 30OW 70 9,500 Lm 320W • EFFICACY: - 130 Lm/W (delivered) • CRI: >90Ra 105 13,406 Lm 500W • COLOR TEMP: 5000K (3000K, 4000K —Custom Order) 150 21,000 Lm 575W DRIVER: • VOLTAGE: 120-277VAC, (Optional 480VAC) 200 24,500 Lm 75OW • DIMMING: 0-30v Standard 300 40,000 Lm 1500W • FREQUENCY: 50/6OHz • POWER FACTOR: > 0.95 • THD: <15% FIXTURE: 40 ENV-AL-00W-XK-AM6-T3 N/A • RATING: DI • DIMENSIONS: 11.2 11.26"x12.4" (40-105W) 70 ENV-AL-70W-XK-T3-T3 PLR39NTOT1D8 8.9"X12,4" (150-200W) 105 ENV-AL-105W-XK-AM6-73 PLY70CE1586 16.4"X11.06" (300W) 150 ENV-AL-150W-XK-AM643 PLZKASKDGFIC • MOUNTING: Pole, Tenon, Wall, Trunnion 200 ENV-AL-200W-xK-AM6-T3 PLR6o9VC9WQw • OPTIONS: Custom Optics, Bi -Level with Sensor, Custom Color 300 ENV-AL-300W-XK-AM6-T3 P9PFDSKS Warranty: 10 Years C UL US IIJAq f USTED EnviroTech Lighting Confidential, Rev 0118 25C-106 EXHIBIT C CERTIFICATIONS 36 of 41 25C-107 APPENDIX ATTACHMENT 3-1_ NON -COLLUSION AFFIDAVIT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA C.ORPORATF. YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 _NON -COLLUSION AFFIDAVIT (7 itle 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 ittade in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizationor corporation; that tile , e bid is and not collusive or sham; that the BIDDER has not directly or indirectly induced orsolicited any other BIDDER to put in a false or Shamble, 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 net 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 oFthe 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 cent! to criminal prosecution. Signed OIL State of California County of }2 f ndt Subscribed and sworn to (or affirmed) before me on this Z 11 day of V1l � ; 20(9 by hl/I t, �(/ Aeg� �[ {{i((q Wl tome on the basis of sat' evidence to be the person(s) who appeared be12 me. Notagn Notary Public Seal 37 of 41 25C-108 CHRIST A IYNNR Notary Public • Callorinla Riverside County a Commaslon A 2242117 My Comm, Ezplres Aug 2, 2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verlffes only the Identity of the individual who signed the document to which this certificate is attached, ond. not the truthfulness, accuracy, or validity of that document. State of Calif�4/Iola �I l County of I` i U��yA10 j(119- On 119_ (} J�} t, P 1 (, t / On �'r 11, G018before me, l'N IV1Si W )jf A l(Y3er) KQ1_ r(4 NI Date _ Here Insert Name and Title of the Office— r personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/thelr authorized capecity0es), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. CHRISTINA LYNN HENRICKSEN Noumy Public• Callfornla g - Riverside County commission N 2252147 my comm. Expires Au12. 202 sir 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 A 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: Number of Pages: Signer(s) Other Than Named Above: Capeclty(les) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): El Partner— ❑ Limited © General p Individual ❑ Attorney in Fact 17 Trustee o Guardian of Conservator O other. Signer Is Representing: Signer's Name: O Corporate Offlcer — Title(s): • Partner— o Limited ❑ General ❑ Individual D Attorney In Fact ❑ Trustee O Guardian of Conservator O Other: Signer Is Representing: A >."t ti :Nt9: -i i uli..i )i )! �ti. !alet-n: i.I P :. i. i -ik!'� ♦ I a I� eF.. :. !,.I) n i.:P: 1..;Tif:!yl%P-..1..r:J ' 'J' C .!'. . 02017 National Notary Association 25C-109 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member or Congress, an officer or employee of Congress, or an employee of 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 ofany federal contract, grant, loan, or cooperative agreement. 2. If any finds other than federal appropriated funds have been paid of 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 ON Member of Congress in connection with this federal contact, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation Offset 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 penally of not less than $10,000 and not more than S 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 subcontacls, which exceed $100,000 and that all such sub recipients shall certify, and disclose accordi ugly. Marketing Power Inc dba Energy Retrofit Co Signed and Printed Name: Chris Kirchwehm Title Date 08/2112018 38 of 41 25C-110 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGIiTING RETROFIT RFP NO.: 18-071 The undersigned consultant or corporate officer, during the performance ofthis contract, certifies as follows: I. 'file 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; layoffor termination; talcs 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. I 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 Stich 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 contacts 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, m• 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 39 of 41 25C-111 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 ofrace, religious creed, color, national origin, ancestry, physical handicaps, mental' condition, marital status, or sex ofsueh persons, except as provided in Section 1420, and anyconsultantOfpublic works violating this Section is subject to all imposed for a violation of the Chapter the penalties Signed: Chris Kirchwehm Title: President Firm: Marketing Power Inc dba Energy Retrofitco . Date: 08/21/2018 40 of 41 25C-112 EXHIBIT D ADDITIONAL PROVISIONS 41 of 41 25C-113 MAYOR Miguel A. Pulldo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benevides Vicente Sarmiento Jose Soloro Sal Tlnalero Juan Villages August 20, 2018 CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1088 Santa Ana, California 02702 wwwsanta• ne a.am ADDENDUM NO,1 RFP NO. 18.071 ENERGY LIGHTING RETROFIT AT THE CORPORATE YARD DATE DUE: AUGUST 21, 2018,4:00 PM QUESTIONS & ANSWERS CITY MANAGER Raul Gcdtnsz II CITYATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Hulzar 1. The RFP states that zone sensors cannot be battery powered, They must be hardwired. Will you accept sensors that are powered by ambient light? Yes, so long as the technology is commercially proven and warrantied. Also, please ensure that specification are provided 2. Will you accept wall switches that are wireless and powered by kinetic energy? Yes, you must ensure that specifications are provided. 3. SoCal Edison no longer offers much in terms of customized rebates for lighting. But they do have a Midstream Point of Purchase program where the rebate Is.paid directly to the distributor and the price is reduced on the invoice by the amount of the rebate. For this rebate program, there is no application or Trade Pro requirement with SCE. If the proposal Is priced with the Midstream Point of Purchase program, must the contractor still become a Trade Pro? The Midstream program is NOT and will not be leveraged for this project, the customized incentive program is being utilized. Contractors MUST be TradePros. 41 The energy section of the California building code (Title 24, Part 6) does not require occupancy sensors or daylight harvesting, if there is a 50% reduction in rated power In office spaces and 35% in other types of space. Is Santa Ana voluntarily going above code with daylight harvesting and occupancy sensors? You can get great energy savings at a much lower cost without the controls. As a rule of thumb, controls save 20%. But in this case, that 20%p is achieved on the LED energy consumption. If you save 50% with the LEDs, the incremental savings generated by the controls is only 10% of your original lighting, This is because the new lighting is half of the old lighting. 20% of 50% = 10%. That incremental 10%c savings Is considerably more expensive than the first 50% saved by the LEDs on a per unit of savings basis. If the answer Is yes, Santa Ana wants to go above the code requirements, which areas In Appendix A are near windows or sun lights and require daylight harvesting? The improved lighting controls are desired by the city. 5. Will an RFP be accepted that doesn't include the "Add Alternate Scope" Advanced Lighting Controls System on page 13 of the RFP? Yes. 6. Does this project No.18-071 require a bid bond? This project does not require a bid bond. 7. Can you please supply a site plan? See attached plan SANTA ANA CITY COUNCIL Mupuel A Nati M1d., Martinez Viwnle 3m Mend J ,Sd D P. 0aNC 9enad., Jwnvllegae. sal Tinakio Mnym Najd Pm Tem,MM2 Waml warn] wam4 Wam5 Wame mm9iCoEpaanln,nnamn fti edneziOsanla.ana.omyienniwoassnfa.nna.mn iaolodM-wa ana.mV a ormidasalwnlaaea mo MlleamamnlaMnn ora eSnekT'mgn a. ill 25C-114 Page 2 of 2 8. Who Is responsible for the anti -bird netting. It looks old and could be damaged during retrofit? The netting is accessed for normal light fixture maintenance and has not been a Problem. Caution should be taken as they are not damaged at this time. 9. What are the ceiling heights In the fleet building? About 25' 10. Are there any Hazardous locations requirements for the fixtures over the fueling station? No hazardous location requirement over fueling station. 11. Are all lights on emergency lighting Inverter circuit or are they to have individual battery back up? All emergency lights are on backup generator, no battery backup. ALL OTHER TERMS, CONDITIONS AND SPECIFICATION REMAIN UNCHANGED. I acknowledge I have read this addendum: Authorized Signature SANTA ANA CITY COUNCIL Merketing Pgwer Inc dba Energy Retrofit Co Company Name W'0'.IA Puiido Mfaaala ldarlinoe Vmm Sm wt. Mayor Mayor Pro Tam, Walla Jaa03obdo P. wind Banepdee mWnd0:0eae WaldI Watd3 Wartl4 Juen V0o8u 8eIN ora 2enaom mimanMoz®sa oeamlema,@ ,mom laaloflo'br le. Wards WaNa �Ofl5f1&§BDe»nl . MA fid I _n„` s9nale�o7seo t 25C-115 Re: MarketingPower,Inc. dba$nergyRedrofrt Prequalification To WhomItl&yConcern: Marketing Power, Inc. dba Energy Retrofit is avalued customer of Westchester Fire Insurance Company. The A.M. Best Rating of Westchester Fire Insurance Company is A++, and is listed on the U.S. Treasury Department's Listing of Approved Sureties (Department Circular 570; 2017 Revision), Marketing Power, Inc. dba Energy Retrofit is in good standing with Westchester Fire Insurance, and currently has an aggregate bonding capacity of $50,000,000. We would be more than willing to provide the necessary Performance and Payment bonds for projects; however, please note that the decision to issue bonds is a matter between Marketing Power, Inc. dba Energy Retrofit and Westchester Fire Insurance Company, and will be subject to the standard underwriting at the time of the final bond request, which will include but not be limited to the acceptability of the contract documents and bond forms. This letter does not constitute an assumption of liability. We assume no liability to you or to any third party by the issuance of this letter. If you should have any questions regarding this account, please do not hesitate to call at 275-640.1000. to ester Fire In nce pang Patricia A. Rambo Attorney -in -Fact Westchester Fire Insurance Cempany,936 Walnut St, WAIOH, Philadelphia, PA 19106 25C-116 I. NEEL, M '?.[=• i•1 �ti .. M Ya+.l.• KaeaYmemagms��RaY WFS'OI�T@RFfl5Em�'1ELtP�€CG�tTA�R'Ra-aNmmlvaNCb�anew¢tlelPsmY'b+eaimaY�'Ymmekiba'+BRevJbllenadb4�m8Re8m4m1 ISM16R6E14@1afE�'SsY@[�Y"LSt48LEi. W ia: •Ym.�L'6EdLmQf66$sa�md61J@dn06[P.1HLQfA1Cb�tlGhYWmYIA®Y'dakal�dmROmj�.CICL�NmG1YAW�jT.ted[6.6t9.?�PaY61POQr'Idll®TC7lA• mlp➢OBdf mHOotpsgm9H82a0 Lt¢tiva.F®e0D®[®�emA61YMb111CmmmIYmPlfj: . {Y8 Fa]bdae WcrRmeP�iYa¢r+ameWiaC+ai-.CvsNme4mmmu'�mllem.7be.nnb a:VTwmOm.lemEhratme�xaRmefmyary..mmxOeaaEl�-9dhe Lbepnyorclev� pq Fa�9amaramJ aoz.nwmam0.*np�Yets+s;SaYma1'aaimarmaemnxwaseCa�mawmradmrdmrdmm:;arr.vmreseimdlka0omemYsaae�amrcrsme erRadmeraGYaxla"sadlmaYlq WegdnYdp®oW+rmateademtiy2aar�+caxeme�YYamae/8+m[Y. . Q EaW d/ead�Yam.aevrmde�sa7daM�mFoemfeadCxpm�eYYp8s.2bOwao�p.Fiae1m1a9u1dlmGiS'd9'.b;pat]ux4Y6m�PN�Cea6z�fa:meMe CmpagwhNpn®s+da/n4 bam4a badm<tahRdtlkYdbna�J'•madrBeas0d9mQ�/arumeYhnautn6vzm�a:memeCaeY�Iam{paamtlfelfie mLr®nYgw'®e+.�eim>�ieetmaa)6eb0Y�seM.+aadsmm!'/¢neesa2�Mma vETYama nmhatyaabrxpJmaa,mmo�a ryi Fadrdam GYvmmLmaAvaNxmlt�aRemismoSd'e@agvq'h4viyedPaWni dtatlmYdaYlddmbEeipeetnsBYgegoa,erefimetma�mzza[atiq bnepAx.bsdml><Atidte0mGv9'.u�m>•fm�y ssedarW:eenGiafi'MYYcfmYYEi�adPatm9?�dameC�YeYiYaMaubm�ryMml�M2f�iTmaY dvby_�+'�gPaaraafdxv�YC�mrberac:NioeoFffimdmxcrimaPY�va�lei�embbm. - . � a�EidCm�ma�ilu L�a:egdi>tb�l 9oM1 mryse ib�enorrY.�mf++malYo NSYirvFRwt stltnargmEeto+msn!"m1Ce�[nGb/6asaDem FURiHENfiE50lYE0.Yif hafainW47Y�YA6m+idioYDGYceverlbEemeeha'4eesemeMdfeP-m'adMWtYddfmserq�eeJaWadaP�Y+batbaeam7axS dma0mgary•mlautl�NomhLm9spemtimiQmhaabeffi3acemdudmleuhlaaugRnA'dhi«tle!�m8"P�uacffit i .:.:wa....:.nwa..wv..ran.�t>a��.csa.•a Yea:wn..tmeevlivsenJermevo�e: K.xdrG9ermL WimnSin641.Pad®A.Rrn6n Saa 0aeaWaroeYNUY� �Y�TEryEQF,dpaaid SiYTIVY_WllabyV4_cPmNVLt®CP.•e�tlotibmGvlF.bro�oemd89z:ifio Cctt�eeealNdtaeddW6YRff3iE(IFIRE WSYXLVJEECOWFfiI M}Tdpd :.•Nr WESTCHESTER FIRE INSURANCE COMPANY Smphrn M. Ilenoy, Vim Prtddeol MWOMNEALTHOPPENNSYLVAr" COUNYY OF FNIUOELPFUA ea .. ]Nsup cecocyainbar•]OYTbefam rre:g mw PUMidel Iw Cwoma-wa:Mdi%IJIsNvLnla.%eitdtar PaooWYd%deaaiytLa Comlle ¢mphen Et Haey:wm.PreayaraWge WE INSURANCE CONPAIA'b nape¢oonnaa��JMoanb elha drJWdW and d4cervdm eteMetlllwplerelbg 6e;o-lnnenl.eMheentnwdetlped lhd Mea¢detl Pasame Bhd Ptll Pa deal tk Mra preudg�,nnd mn(A PO avedddd0ompany;MPeaatl arpaUAsed mdnia elgnmma reretl�ry aNutl by lhamPPAry mddlreWYVYdmeamd cnfpgalbll: vrtl Pat Pe Beerdd OPeclaeef eeW, mktreJ bin IM IYeaedP98uElamen4 b muYl brca. IN TESTNIONYWF�REOP:11lave Hmreillo dclmy8amlandalfuetlmy aTx`alae¢I_nnlaGtyolPMadalptia Uie day antlyearbetehauOeYlnea 4 Pe en4a3yvJlJLs•Vahme SaamayaftWEEYOE`+YER FMWSURANY-EI:gAPANY•de hMbyttiny Pm Peadgre'POYIEFlOiAttORNEY.dwticn OSlwagaP9lea evhs Iay Waendm t eepy. U In rut fgca PfA mors IiYVYbxy wryaeo(Ilem MaT8o9dvPeGmr•YumasAsslaaN Secelay.end--aHdm111gcwporalaseN dmaCAyastim W._._.dald _ .._.._7O_ .� �W �Cb,L' mAm�—�iay 1 4dUru POyaIEROF A]T�TAI�I'st\YWOp�49SW.TteEXELt11EANYBOWUWIPN WiiNQ�3iiDN1>A'�AFT83?CDkH4Af38fiW.�n?1. - . f.Gs3'SX'.l'J%m•-.(.h:5iitYY'�rwF:eS':�.34f?w#.�.f,.r:'u'.'¢.r:N'S9'.•'nn �ar~,:Ji1H-'tA4ffcnlrk. ynA_rtA4TNrMVca^.k:l .urt(L:B[ •.:.. 25C-117 caw*wWlAvHwPAIRWLYANtA l:al \ea,.i>� Ci��RA:�i�ryE 70,2D16 �dp�ygl wl na_ne 4 Pe en4a3yvJlJLs•Vahme SaamayaftWEEYOE`+YER FMWSURANY-EI:gAPANY•de hMbyttiny Pm Peadgre'POYIEFlOiAttORNEY.dwticn OSlwagaP9lea evhs Iay Waendm t eepy. U In rut fgca PfA mors IiYVYbxy wryaeo(Ilem MaT8o9dvPeGmr•YumasAsslaaN Secelay.end--aHdm111gcwporalaseN dmaCAyastim W._._.dald _ .._.._7O_ .� �W �Cb,L' mAm�—�iay 1 4dUru POyaIEROF A]T�TAI�I'st\YWOp�49SW.TteEXELt11EANYBOWUWIPN WiiNQ�3iiDN1>A'�AFT83?CDkH4Af38fiW.�n?1. - . f.Gs3'SX'.l'J%m•-.(.h:5iitYY'�rwF:eS':�.34f?w#.�.f,.r:'u'.'¢.r:N'S9'.•'nn �ar~,:Ji1H-'tA4ffcnlrk. ynA_rtA4TNrMVca^.k:l .urt(L:B[ •.:.. 25C-117 EXHIBIT B N= FEE PROPOSAL 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 $70.00 The Scope of Work pricing is as follows: Option: Price Option N. Title 24 Certified $244,599 Option B: Alternate Bid includes Full Dimming, Occupancy, Daylight, and Tablet Scheduling $378,049