Loading...
HomeMy WebLinkAbout25G - AGMT - ROSITA PARK LIGHTINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2019 TITLE: APPROVE AGREEMENT WITH ALLIANCE ELECTRICAL SYSTEMS, INC FOR A LIGHTING RETROFIT PROJECT AT ROSITA PARK FOR AN AMOUNT NOT TO EXCEED $206,406.46 AND APPROVE AN ON -BILL FINANCING AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR AN AMOUNT NOT TO EXCEED $178,987.10 PLUS $26,848.07, IF NEEDED {STRATEGIC PLAN NO. 6, 2A} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 131 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Alliance Electrical Systems, Inc. for the lighting retrofit project at Rosita Park for an amount not to exceed $206,406.46, which includes a 15% contingency, for the period October 1, 2019 to September 30, 2020 to be funded by an on -bill financing loan with Southern California Edison, incentive rebates and the Acquisition and Development District 1 fund, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an on -bill financing agreement with Southern California Edison (SCE) to provide a loan in an amount up to $178,987.10 plus an additional $26,848.07, if needed, in no -interest On -Bill Financing (OBF) that will partially fund the lighting retrofit project at Rosita Park, subject to non -substantive 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 Parks, Recreation and Community Services Agency (PRCSA), commissioned energy audits for Rosita Park. The Energy Network, a non-profit program funded by California utility ratepayers through the California Public Utilities Commission conducted the energy audits at no cost to the City. 25G-1 Award an Agreement for the Lighting Retrofit Project at Rosita Park and Agreement for On -Bill Financing October 1, 2019 Page 2 On May 24, 2019, the City issued a Request for Proposal (RFP) to invite qualified firms to provide a proposal to retrofit the lighting at Rosita Park. There were 83 vendors, including three located in the City of Santa Ana, notified of the project and the City received 10 proposals (none from Santa Ana). Two proposals received were determined to be unresponsive because the vendor did not provide all of the required elements of the RFP. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP, which includes firm/team experience, relevant project experience, manner for performing service and fee. The results of the RFP evaluation were as follows: Vendor Score Alliance Electrical System, Inc. 252 Nila Sports 248 Electro Construction 233 RenewA a Energy Solutions, Inc. 233 SACTOWN CONTRACTORS 227 Baker Electric 222 VT Electric, Inc. 212 SiteLo iQ 206 Based upon the proposals and interview results, the review panel selected Alliance Electrical Systems, Inc. for contract award. The City proposes to enter into an agreement from October 1, 2019 to September 30, 2020 for the installation of lights at Rosita Park in an amount not to exceed $206,406.46, which includes a 15% contingency. Proposal Amount Contingency Amount Total Agreement Amount $179,483.88 $26, 922.58 $206,406.46 Southern California Edison (SCE) On -Bill Financing Program PRCSA staff applied for and secured partial funding for the project from SCE through their on -bill financing program, which is a no -interest loan program paid back from savings in the utility cost over a period of years. For example, if the utility costs decrease by $100 per month, SCE will receive that amount until the loan payoff. The net result is no change in the utility bill until the loan payoff. Below is the estimated calculation of the amount SCE will finance. Estimated Annual Savings from Use of New Lights Loan Payback period Estimated Amount to be Financed $17,898.71/Year 10 years $178,987.10 25G-2 Award an Agreement for the Lighting Retrofit Project at Rosita Park and Agreement for On -Bill Financing October 1, 2019 Page 3 The City is requesting approval of a loan amount up to $178,987.10 plus 26,848.07, if needed. The calculation for the final financing amount is determined at the end of the project after SCE performs an audit of the actual number of lighting fixtures that are in place at project completion. Incentive Rebates Additionally, as part of the program the City anticipates receiving $15,902.48 in incentive rebates from SCE. SCE pays the contractor directly for the financed amount and incentive amount, thereby reducing the upfront out-of-pocket costs to the City. The Acquisition and Development District 1 fund will cover the balance of the costs. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Health, Livability, Engagement & Sustainability, 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). FISCAL IMPACT Aareement with Alliance Electrical Systems, Inc.: SCE estimates to pay $194,889.58 ($178,987. 1 0-loan, $15,902.48-rebate) of the total $206,406.46 agreement directly to the vendor. Funds have been budgeted and are available for the balance of the agreement ($11,516.88) in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description 31113260- Acquisition and Expenditure, Acquisition and FY 19-20 66220 Development Development, Improvements Other $11,516.88 Than Building The final loan amount will be determined at the end of the project and therefore the amount funded by the City may be more or less than $11,516.88, but will not exceed the amount of the agreement to the vendor. 25G-3 Award an Agreement for the Lighting Retrofit Project at Rosita Park and Agreement for On -Bill Financing October 1, 2019 Page 4 On -Bill Financing: The anticipated payback period starts in July 2020. Funds for the loan repayments will be budgeted and made available in the following account: Fiscal Accounting Fund Accounting Unit, Account Year Unit -Account # Description Description Amount FY 20-21 01113250- General PRCSA-Park Facilities $17,898.71/year to 67003 Fund OBF Payment $178,987.10 Total FY 29-30 APPROVED AS TO FUNDS AND ACCOUNTS: Lisa Rudloff Kathryn Downs, CPA Executive Director Executive Director Parks, Recreation, and Community Services Finance and Management Services Agency Agency Exhibits: 1. Agreement with Alliance Electrical Systems, Inc. 2. OBF Loan Agreement — Sample Form 25G-4 CONTRACTOR AGREEMENT FOR LED LIGHTING RETROFIT PROJECT AT ROSITA PARK THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between Alliance Electrical Systems, Inc, a California Corporation, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City issued a Request for Proposals ("RFP") (RFP No. 19-057) and Addendums 1-3 for furnishing labor and materials to retrofit the lighting at City's Rosita Park by installing LED lighting ("the project"). B. On July 1, 2019, Contractor submitted a proposal, which thereafter ranked the highest in the evaluation process. C. The parties acknowledge that the funding for the project is On Bill Financing ("OBF") proceeds and incentives from Southern California Edison ("Edison"). Edison has approved the project for OBF proceeds. D. The City desires to retain a Contractor having special skill and knowledge in the field of retrofitting lighting fixtures through the installation of LED lighting at City's Rosita Park. E. Contractor represents that Contractor is able and willing to provide such services to the City. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall furnish labor and materials to retrofit the lighting at City's Rosita Park it the City of Santa Ana by installing LED lighting as set forth in the General Scope of Services and Requirements of RFP No. 19-057 attached hereto as Exhibit A, all corresponding Addendums issued for the RFP, and Contractor's proposal submitted July 1, 2019, in response to RFP No. 19-057 incorporated by reference as if completely set forth in full in this Agreement. No additions or change in scope for purposes of utilizing the contingency compensation will be made without the written approval of the Executive Director of Parks, Recreation, and Community Services Agency. Contractor will be responsible for any costs incurred outside of the scope of services without written approval. #95440 2 5 G -5 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $206,406.46, which includes $179,483.88 plus a 15% contingency of $26,922.08 to be used at the City's sole discretion during the term of this Agreement. b. Contractor acknowledges that this project is funded by cash incentives and OBF proceeds from Edison. City will not pay invoices from Contractor until after Contractor receives all Edison allocated OBF proceeds and incentives for the project. Once the project work is completed, City will enter into an On Bill Financing Agreement with Edison and Edison will pay Contractor directly. City makes no guarantees on the timeline for Edison's OBF process. c. City retained an energy consultant, the Energy Network, to assist with this project. Attached hereto as Exhibit "C" is the Energy Network's OBF calculations for the project. d. In the event that the OBF proceeds and/or Edison cash incentives do not cover the compensation set forth in Section 2a of this Agreement, City will pay the remainder due to Contractor not to exceed the total Agreement compensation agreed upon in Section 2a of this Agreement. e. Certified Payroll Reports are required at project completion and final payment will not be processed until the Certified Payroll Reports are submitted on the forms approved by the California Department of Industrial Relations. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2020, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 25G-6 #95440 *AV :11AIII a1 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 the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 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. Contractor shall supply City with a fully executed additional insured endorsement on a form approved by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 25G-7 #95440 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials 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. 7. FINGERPRINTS AND BACKGROUND CHECK Contractor, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Contractor shall be responsible for all charges associated with fingerprinting. Contractor shall not perform any services pursuant to this Agreement until clearance is received and Contractor is notified by the City's Parks, Recreation and Community Services Department. 8. PREVAILING WAGE 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. 9. COMMUNITY WORKFORCE AGREEMENT On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement ("CWX) with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory Craft Councils and Unions. The provisions of the agreement would apply to all construction and major rehabilitation work pursuant to "Prime Multi -Trade" construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies to all 'Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts. Specialty contracts are contracts for project work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work. 25G-8 #95440 Contractors working on projects over the above thresholds must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referra system, determine competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employ applicants meeting such classifications from any other available source. Contractor will work with the City's Labor Compliance Contractor to ensure compliance with the CWA. 10. INDEMNIFICATION Contractor 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 direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section will survive termination and completion of the Agreement. 11. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. This Section will survive termination and completion of the Agreement. 25G-9 #95440 12. 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. This Section will survive termination and completion of the Agreement. 13. 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. 14. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 25G-10 #95440 With courtesy copies to: And To Contractor: Executive Director of Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 Mr. Chris Falls, President Alliance Electrical Systems, Inc. 12520 High Bluff Drive, Unit 312 San Diego, California 92130 Email: chrisf@alliancelectricalsystems.com 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. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate 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. 25G-11 #95440 17. 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. 18. 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. 19. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. 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. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this 25G-12 #95440 Agreement. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney D BY: -ems. A-'- ew'w-uc Laura A.,Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: LISA RUDLOFF Executive Director Parks. Recreation and Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CnNTRACTnR Alliance Electrical Systems, Inc. Christopher Fall President #95440 25G-13 EXHIBIT A SCOPE OF SERVICES 25G-14 #9544v3 IItlMM EXHIBIT I 0 . 'Lighting Contractor Scope of Work City of Santa Ana - Rosita Park 706 N Newhope St, Santa Ana, CA 92703 The Energy Network Project ID: A,38CLT10 Provided by: 1"RC En�,,'3�rgy Stervices Scope of Work Developed by. - John Rossi, FIE Sergici9 Corona No'v'-rnber15*. 2018 " 2 25G-1 5 E illimenaminimim EXHIBIT 7 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 — Rosita Park is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate document titled Roles and Responsibilities Matrix. 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. As technical consultants TRC Energy Services remains product and vendor neutral. The products presented in this document represent examples of the possible products that could be used for the project. The products were chosen based on their technological feasibility, efficiency and impact on the project economics. 2516' 16 nm��ammrwaawwi��w�a�areww.:tu�e�a amu rim anu����uua�rw�rma�r u 7 The Energy Network 1. Summary of Scope of Work 1.1 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 Rosita Park's exterior lighting. Rosita Park is a public park that is city owned and operated. The park consists of a baseball field, a community center, and a public pool. Additional supporting documentation including an area by area breakdown of lighting equipment can be found in the following appendices: • Appendix A: Lighting Inventory • Appendix B: Roles and Responsibilities Matrix 1.2 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) As needed, Contractor is responsible for finalizing and revising fixture model numbers. For example, if the specified LED driver is not compatible with the on -site electrical service, the contractor is responsible for updating the model number and specifying the proper driver. Any fixture model updates need to be approved by City, prior to equipment order. c) Prevailing wage labor costs to be used for project implementation. d) All scheduling of work shall be done through the City's project contact. e) All work performed shall meet or exceed any applicable electrical code requirements. f) Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. g) Clean-up, removal of old equipment, and/or recycling fees are to be included. h) Contractor must meet appropriate insurance and bond requirements outlined by the City. i) Any other cost of business fees/expenses associated with performing City work are to be included in the bid. j) Provide factory start up and training (if necessary) to ensure proper functionality of new lighting equipment and controls. k) 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. 1) 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. _ ne l�''net �117 P. GviGc s r.+, a„,�g The Energy Network m) It is the Contractor's responsibility to submit a final version of the Lighting Audit Table, 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 Audit Table and reflected in the Cost Proposal. The final Lighting Audit Table serves to inform the Agency. n) Contractor will be compensated for work performed and fixtures installed. 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. o) The Contractor shall conduct all work between in the time window established after the contract is awarded. p) 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). q) 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. r) The Contractor shall work with the Agency facility staff to understand and abide by any site -specific security procedures. s) 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. t) 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. u) 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. v) 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. w) Prior to ordering of lighting fixtures, Contractor is to verify proposed are listed in the Design Lights Consortium (DLC). Contractor is to propose a valid replacement for fixtures that are not DLC certified. x) 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 //sceonlineapr comICAASupport/Default.aspx. Please note that contractor will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. 256518 The Energy Network Appendix A: Lighting Inventory Site Dewriptlon Exhiir, Light, Sytlam Boosted Lighting System Title 24 Requlmmantat— ITEM k Locatlon antllor Room C Room Type Solutlon Fst Coal Fixture cascdpllon Es. Pst Ex. hWl Ex. Total Propoaed Fixture Description' Pmp Fist Omupenq Bodoni Cade Cly." Fxt kyi Qi Ephesus 551 Spons Lighting 6] N 1 Ball Field Exterior LT-85834 HPS1000PM 1000W HIPS Story Lighting -Pole Mount 67 1.ID _ AD-550-&IB46ELK ""' Eye Lighting saw LEDIOC Retrofit 16 N 2 Pad walkways Eztenor LT-11322 MM250PM 25OW Metal Halide Pole Mount 16 0.30 LE5-50-740-HWIn x UNV- R 1352W Flood Light+MS 23 y 3 Building Extent Exterior LT-19132 MH175WM 175W Metal Halide Wall Mounted Floods 23 0.22 FFLED52N * SMS56O *The Contractor is responsible for finalizing fixture model numbers **The Contractor is responsible for confirming all fixture counts, pre and past case. * **The Contractor is responsible for confirming Title 24 compliance for all applications, including installation of Occupancy Sensors where applicable. --*The Contractor is responsible for the setup, calibration, and positioning of the Ephesus Lighting Fixtures *****The Contractor is responsible for determining which optic to use on the Ephesus Lighting Fixtures "en er"' ne Vhl.:nt ,i 12-6 1 a*5 emsr � ,.t.a�rr.en, 25G-19 Construction .........-- ....__...._. .... -------------- Secures Construction Permit - S .....------...------ P Prepares Construction Schedule R/A P Perform Construction P Submittais/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 I raining S R/A S/R P FinaIInspection 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 f-undionalPertornsance Tests R R/A S/R P Systems IVlanual R R/A S/R P m m a v u m a ae m 2516' 20 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES 25G-21 #95440 RFP Led Lighting Retrofit Rosita Park July 1, 2019 ALLIANCE Ej PROPOSAL 12521 Hisdl Bluff Dr. sniie 312 Smi Dieeo. CA 97.111 Lic-r-1031056 66US10-8299 To PhmEe Fu Dnfe City of Santa Ana 714-571-4218 Juh 1, 2019 TO Fame L... two Packs. Recreation and Communiti Services AgeucL 20 Cisic Center Plaza P.O. Box 1988 CITY- OF SANTA ANA Sasnta Ana. California 92702 REQUEST FOR PROPOSAL LIGHTING RETROFIT AT ROSITA PARK RFPNO.: 19-057 utention Frank. Annvo Email tarrovoLgsanta-ana.org THIS PROPOSAL IS TO INCLEDE THE FOLLORTNG SCOPE OF Al ORK PER LIGHTING RETROFIT AT ROSITA PARK RFP NO.: 19-05' ADDEADI M NO, 3, AES Lndll prrnide and uwall the fcCRixa package per the Appendix A Lielrine IncenToy. Included in muproposal will be the fcllomn.gitenrs: I. Construction Permits 2, C'otulntction Schedlfle 3, Submittals A. Correction of P uichh t Items F_ O CAQ T{anuals and I7ianins 6. In>pectoac, 7. Aa-Buiira B. Equipment Rental 11. Prerailhle %va e 17. Demolition and Disposal Itemizied list of In per unit item is as folloa'edi 1. Ephesus i50YY All Field Sports LED Fixttu'e $4,523.87 ? Eye Lighting 50W Pole Mount SS613.14 3. RAB 50W Flood Light with Sensor S491.00 Rco0.0aG<2'iL5. ,0 T.*1bA9L1iERL1S.1.'JV �tiCfi-COgci 6ALlU8D.1'L�V.d13E ]dCt2 `. *FI<TPNs. iFid 3FL�4W(Cp S179.483. ONE RE NDRED SEVENTY NINE THOU SAND FOUR HI'NDRED EIGHTY THREE DOLLARS AND EIGH IT EIGHT CENTS. 3.ae-.s...,c.c.rx:.u��zx,--,_+.nv. r�w'Ja ^aur•cE*.'Fwv.acv-sv3.Dc- P.CC �nJ�(vQ{q z ,-,�,.0 P "11:Fli OF B-.LHE.�3C Al - 4iv vttaA90-1tY'IE Vfl.i. �JiT O�b'5?RP's'SA J �.+ C8] J.. V.].:.0 .Jx..-3C: +?xt .3£'Cv._..y.i.�i Fd :.V'.. •..PA:.'� a:r�>aec ift'AI.L tip'r. ]i..k]-ll N�:3E1 i.,Utt 'F:l hlT..;.^: tODays 31v9 l AJrIV�' kF�c Sa F�1LTO.RS 1SD lRr .E'dc&Y rCCEP'[PSI O ..R">LTrICHL2D �3TE021CC2.P-.4NCE ..C.iA.-_ 2;7f)C( t. 25-22 m 25G-23 #9544v3 *AV NIAIII aI SANTA ANA ROSITA PARK OBF CALCULATION Item Amount Source Rate $ 0.19 From OBF Approval Estimated Savings 93,544.00 calculated Annual $ savings $ 17,898.71 calculated Monthly $ savings $ 1,491.56 calculated Estimated Project cost $ 206,406.46 From Proposal Estimated total Rebate Incentive $ 15,902.48 calculated Loan $ 190,503.98 calculated Actual Loan Term Months 128 calculated Actual Loan Term Years 10.64 calculated Loan Length Limit 120 From OBF Approval Applicable EUL 144 From OBF Approval V. lAmo nl Imr i'in"In(ing, 178,')8/ 01) Cal( udaed Ow. of locket 11 516,89 calculWed 25G-24 *:/:I1-1hdPA On -Bill Financing Agreement Local Government/InstitutionaT Customer Projects This On -Bill Financing Agreement ("OBF Agreement") is entered into on 20 (the "Effective Date") by and between the undersigned customer ("Customer") and Southern California Edison Company ("SCE") (each a "Party," collectively the "Parties"). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about , 20 and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement"), which is/are attached hereto and incorporated herein by reference. 2. Customer owns, leases or rents the property(s) listed in the EMS Agreement as the Site(s) and maintains a service account(s) with SCE for electric service. Customer has completed installation of eligible energy efficient equipment ("Equipment") at the Site(s) as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 12-11-015, the California Public Utilities Commission authorized SCE to provide zero -percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill(s) ("On -Bill Financing"). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On -Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms", below) through the Customer's SCE utility bill(s) pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1 71"IT�- , IIIII 0 1TIiiL 1i Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third -party payee designated by Customer under the Loan Terms, below. Customer's designation of a third -party payee may not be changed or revoked. Loan Terms: Amount Financed $ .00 "Amount Financed" Interest Rate: 0% Fees: 0 Months to Pay: First Month Payment Remaining Monthly $ Payments: Service Account to be Billed': Designated Third- PartPayee if any): Address of Designated Third- PartPayee: 1 If more than one Service Account will be billed, information regarding the Service Account number and monthly payment is included in Schedule A attached. Form 14-914 04/2016 25G-25 *:/:I1-1hdPA Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above and/or Schedule A (Customer's "Loan Obligation"). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above. The Parties expressly acknowledge and agree that funding for the OBF Loan Obligation repayment shall not be raised by the levy of additional taxes but shall instead be obtained by Customer's savings in energy costs paid for solely by the loan proceeds. The Parties further acknowledge and agree that energy savings from conservation measures are not susceptible to precise calculation and actual savings may vary according to weather and utility rates, among other things. Therefore Customer's energy savings have been determined at the outset of this Agreement and calculated by comparing estimates of energy usage for the facilities in question with and without the conservation measure, as set forth specifically in the EMS Agreement. Customer's actual future energy savings are not guaranteed and the OBF Loan Obligation must be repaid in full irrespective of actual future SCE utility bill(s) amounts. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE/OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s). Customer may pay the Loan Obligation in the monthly installments or pre -pay the Loan Obligation in one lump sum without penalty, but pre -payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill(s). Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $7.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF Agreement will be treated as a default under the Customer's Service Account(s). Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site(s) or the Equipment unless passed by operation of law to a successor government department or agency that remains a customer of SCE, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(s), or (4) otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. To the extent permitted by law, following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. (D) (D) Form 14-914 04/2016 25G-26 *:/:I1-1hdPA Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE, except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue in effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything herein, customer may not assign its rights or delegate its (T) duties under this Agreement without SCE's express written consent. (T) Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. [Remainder of page intentionally left blank] Form 14-914 3 04/2016 25G-27 *:/:I1-1hdPA IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Authorized Representative: Title: Signature: Date: Business Address: Telephone No. Fax No. E-Mail Address: Form 14-914 04/2016 25G-28 Southern California Edison Company: Authorized Representative: Title: Signature: Date: Business Address: Telephone No. Fax No. E-Mail Address: El *:/ : 11-1 Ill WA SCHEDULEA Customer Name: OBF Loan Number: Site Service Account Number OBF Billing Repayment Service Account Number 1st Monthly OBF Loan Payment Remaining Monthly OBF Loan Payments X-XXX- XXXX-XX X-XXX-XXXX-XX $XX.XX $XXX.XX per month for X months Total Monthly Repayment $XX.XX $XXX.XX per month for X months Form 14-914 5 04/2016 25G-29