Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CLEAR BLUE ENERGY CORP
INSURANCE NOT ON FILE N-2020-119 WORK rah ( NOT PROCEED CLERK OF COUNCIL DATE: O. /i1r2\� t0\- � �\a1AGREEMENT FOR EXTERIOR LIGHTING RETROFIT AT Wl ) Agu��r�J SANTA ANA REGIONAL TRANSPORTATION CENTER THIS AGREEMENT is made and entered into this 12th day of May, 2020 by and between Clear N Blue Energy Corp. ("Contractor"), and the City of Santa Ana, a charter city and municipal C� corporation organized and existing under the Constitution and laws of the State of California o ("City"). N } RECITALS A. On December 31, 2019, the City issued Request for Proposal No. 19-068, by which it sought a qualified contractor to retrofit the exterior lighting at the Santa Ana Regional Transportation Center. 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. 19-068. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 19-068 as Attachments 1 and 4, which are collectively attached as Exhibit A, including all conditions stated therein. Contractor's proposal is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $99,954. This sum is comprised of (1) the base amount of $99,354 and (2) a contingency in the amount of $600 for additional services at the City's sole discretion. b. Contractor agrees to accept partial payment for services under this Agreement through the "On -Bill Financing" Program that has 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 Page 1 of 8 expiration of this Agreement. 3. TERM OF AGREEMENT AND TIME FOR PERFORMANCE a. This Agreement shall commence on the date first written above and terminate on June 30, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to six months upon a writing executed by the City Manager and City Attorney. b. Contractor shall perform all work under this agreement by June 30, 2020. Failure of the Contractor to complete the work within this time will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each calendar day in excess of the time specified for completion of the work, Contractor shall pay the City, or have withheld from monies due it, the sum of $250. 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 CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical Page 2 of 8 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. 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 _hasurance. 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. 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: fessional-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: Page 3 of 8 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. 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. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all 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 the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, Page 4 of 8 representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Clear Blue Energy Corp. 17150 Via Del Campo, Suite 202 San Diego, CA 92127 Attn: Paul Santina, CEO 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 Page 6 of 8 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. 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 and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be 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. Page 7 of 8 N-2020-119 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: � CITY OF SANTA ANA Daisy Gome istme Ridge Clerk of the Council City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney By: IK, J6fin M. Funk Name: Paul Santina Assistant City Attorney Title: CEO FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 8 of 8 EXHIBIT A Appendix ATTACINT 1 ` SCOPE aF oxx CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR EXTERIOR LIGHTING RETROFIT OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) RFP NO.14-0b8 Introduction and Backuround: The City of Santa Ana is seeking a firm to retrofit the exterior lighting of the Santa Ana Regional Transportation Center (SARTC) facility. The facility consists of a parking garage and train station. 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 services provided as Construction Management Support are defined on a separate documented titled Roles and Responsibilities Matrix in Appendix B of Attachment 4. Please refer to this document to better understand the relationship and role of The Energy Network Project Manager and assigned Energy firm/consultant. Descriation of Work: The proposer shall have experience with installing lighting to retrofit the exterior lighting of the SARTC facility. Firm/Contractor Responsibilities: - As needed, firm 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 firm 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. - All work performed shall meet or exceed any applicable electrical code requirements. - Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. - Clean up, removal of old equipment, and/or recycling fees are to be included in the Fee Proposal submitted. City of Santa Ana RFP 19-068 Page Ai-1 Provide factory start up and training (if necessary) to ensure proper functionality of new lighting equipment and controls. All work shall be warranted against defects in material and workmanship for a period of one year from the date of acceptance by the City. Any applicable warranty information beyond this should be stated and provided upfront. The firm 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. It is the firm's responsibility to submit a final version of the Lighting Audit Table in parallel with the submittal of the Fee Proposal. Any revisions required to the Scope of Work must be clearly indicated in the final Lighting Audit Table and reflected in the Fee Proposal. The final Lighting Audit Table serves to inform the City. Firm 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 City 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 firm. - The firm shall perform all work under this agreement within Forty (40) working days after the commencement date stated in the Notice to Proceed. Failure of the Firm/Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work, the Firm/Contractor shall pay the City, or have withheld from monies due it, the sum of $250. - The firm shall comply with safety requirements and practices as outlined in accordance with City requirements and California Occupational Health and Safety Administration (Cal/OSHA). - The firm shall do all that is necessary to maintain a safe working environment for firm's employees, City and facility employees and the general public present. - The firm shall work with the City facility staff to understand and abide by any site -specific security procedures. - The firm shall clean up any construction dust, dirt and debris from work surfaces or equipment after work is completed each day and prior to occupancy. The firm 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. - The firm is responsible for securing all necessary permits, including Title 24 energy code documentation and compliance permit, and shall abide by local laws and regulations. City of Santa Ana RFP 1 M68 Page Al-2 Prior to ordering of equipment and fixtures, firm 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. Prior to ordering of lighting fixtures, firm is to verify proposed are listed in the Design Lights Consortium (DLC). Firm is to propose a valid replacement for fixtures that are not DLC certified. The successful firm is required to register with Southern California Edison as a Trade Professional (Trade Pro). Directions to register can be found at: https://sceontineapp.com/CAASupport/Default.aspx. Please note that firm will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. City Responsibilities: The City will make available of any other material related to the exterior lighting retrofit of the SARTC facility. Special Requirements (Appendix. Attachment 4) - Appendix A: SARTC lighting inventory - Appendix B: Responsibility Matrix - Lighting Specifications: Eye Lighting International - Contract Comparison Form - Designation of Subcontractors Form - Contract Experience Form - Prevailing Wage Compliance and Monitoring Statement Form - Contractor's Licensing and Registration Statement Form Prevailing Wades The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. httv://www.dir.ca.goy/publie-works/Tlihlicworks.html Firms shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. License Requirements The selected Proposer will at a minimum have a valid Class C-10 (Electrical Contractor) Contractors' License to perform any work. City of Santa Ana RFP 19-068 Page Al-3 Proposal, Performance and Payment Bonds In order to receive consideration, each proposal shall be accompanied with a deposit in the amount of five -percent (5%) of the total Fee Proposal. The deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposer will be returned upon award of agreement by the City, The successful firm shall also supply a performance bond in the amount of one -hundred percent (100%) of the agreement amount and a payment bond (material and labor) in the amount of one - hundred percent (100%) of the agreement amount, all to be submitted within ten (10) days after the agreement is award by the City Council. Each bond shall incorporate, by reference, into the contract and shall be signed by both the contractor and Surety. The signatures of the contractor and the authorized agent of the Surety shall be notarized. Sample Bonds are included as Appendix, Attachment 4. Failure to execute an agreement and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of agreement award and the forfeiture of the bid proposal deposit. Within ten (10) days after the award of the agreement, the City will return the proposal deposit to the successful firm. No contract shall be binding upon the City until it has been completely executed by the firm, approved by the City Attorney, and executed by the City. After the City executes the Agreement and approves the bonds and certificates of insurance, the City will send the successful firm a copy of the fully executed agreement. Workers' Compensation Insurance Pursuant to Sections 1860 and 3700 of the Labor Code, the successful firm shall supply workers' compensation insurance to the City within ten (10) days after the agreement is award by the City Council. In addition, the successful firm shall complete WORKERS' COMPENSATION form attached as Appendix, Attachment 4, and submit it to the City. Fee Proposal In addition to Section N.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: 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, inclusive of all anticipated applicable fees for the types of projects described in this RFP. In order to compare proposed fees on an equal basis, the proposer shall complete the following CONTRACT COMPARISON FORM, attached as Appendix, Attachment 4, and submit it to the City in a separate, sealed envelope. It is expressly emphasized that this CONTRACT COMPARISON FORM is not a bid. it is used for a cost -comparison purpose only. City of Santa Ana RFP 19-068 Page Al -4 In addition to the CONTRACT COMPARISON FORM, the proposer shall submit another Fee Proposal to include classifications or services that can be provided by the proposer but are not included in the CONTRACT COMPARISON FORM. This fee proposal should be included in the aforementioned envelope. Additional Provisions The proposer shall complete the CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT form, DESIGNATION OF SUBCONTRACTORS form and PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT form attached as Appendix, Attachment 4, and submits it with the proposal. City of Santa Ana RFP 19-068 Page Al-5 t `gpendig AT CIiMENT 4 ADDITI(INAL RROVLSIONS City of Santa Ana RFP 19-068 Page A4-1 M" ,,enerav network public agencies taking action to save energy Lighting Contractor Scope of Work City of Santa Ana — Santa Ana Regional Transportation Center (SARTC) 1000 E Santa Ana Blvd, Santa Ana, CA 92701 The Energy Network Project ID: A38CLT10 Provided by: TRC Energy Services Scope of Work Developed by: John Rossi, PE Sergio Corona November 21st, 2019 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 Santa Ana Regional Transportation Center (SARTC) is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate documented titled Roles and Responsibilities Matrix In Appendix B. 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. :TE e'&xr ",,.,:.rr � t ..aF:+... x.a ..aTx .=xy ,rw�. rr+,i tti, r .. ,.>,.; �`� .r-„vrxfp-nr �.[. c�i:..:.,f.+. , •. �a�::, i .r. :;,1p.?.. >-.; ;..x. .. ,.'_: +: .w..:.,✓: �: This page intentionally left blank The Energy Network Table of Contents Summary of Scope of Work ... 1.1 Background ..................... 3 3 1.2 General Requirements................................................................................................. 3 AppendixA: Lighting Inventory ...................................................................................................6 Page 1 AWA\-enerpnetwork - pu6fic agencies taking action fo save energy The Energy Network This page intentionally left blank energynetwork a) W public agencies taking action to save emigy Page 2 The Energy Network 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 scope of work for the Santa Ana Regional Transportation Center (SARTC) exterior lighting. SARTC serves as a central station for various public transportation agencies in Orange County. The facility consists of a parking garage and train station. 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. ®"-1enersynetwork Page 3 public agencies taking action to save energy - 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 equipment, Contractor is required to verify proposed lighting equipment is listed in the Design Lights Consortium (DLC). Contractor is permitted to propose alternate replacement or retrofit lighting equipment, however, the alternate equipment must be approved by the city, in writing, prior to ordering equipment. Additionally, any alternate equipment must be DLC listed. 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://sceonlineapp.com/CAASupport/Default.aspx. Please note that contractor will 006 _oenergYnetwork public agencies faking action to save eneryy Page 4 The Energy Network NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. ®AM&--enerpnetwork Page 5 public agencies taking action to save energy APPENDIX A: SARTC LIGHTING INVENTORY lide.P�- Site Dewiptiort Existing Lighting $y;temr Proposed Light ing System . Requlreraerib,: . Prop. REM " Loeatlon anNor Room# Roem Type Solution. Ft Code '� Future Description IEx P}}. Bk.•Ity!!/ Ex. TntaF"•. Poposetl FituRD¢scfption' 'Q� Occupahcy .,.� # Cotle. Q�.M FI kW S¢nsofs4 l 1 Building E,denor Exterior LT-11322 M 51.antern 76W Mercury Vapor Decorative Hanging 171 0 09 Eye Lighting SOW LEDIDC Retrofit 171 N lantern/Pole Mount LES-30-740-HWDdQ70C-UNVJ >0C(X 2 Blinding Exterior Exterior LT-B5834 MH400FLOOD 400W Metal Halide Tourer Floods 4 0.46 - RAB 15OW Flood Light FXLED150TN 4 N 3 Building Baerbr 2nd Floor Eadedor LT-19132 CFLI3WM 13W CFL Wallpack 11 0.02 - 12W HAS Wallpack BRISK72/PCU 11 N 4 Binding Exterior2ntl Floor Exterior NA CFLI3WM 13W CFL Wallpack (Nate: 7 of these are a 0.02 - 12W RAS Wallpack BRISK121PCU 7 N missing, proposing they be replaced) 5 Parking Exterior LTAIM RPS40OPM 40OW HPS Pole Mount(15ft) 52 0.47 - Eye Lighting SOW LEDIOC Retrofit 52 N LESb0-74O4H W D-XXXX-U N V-700P7C 6 Building Exterior Exterior LT-19132 HPSSOWM SOW HPS Wallpack 3 0.07 - 24W RAS Wall Pack BRISKXL24N/PCU 3 N 7 Building Exterior Eldador LT-85834 CFLI3CM 13W CFL Cairmg Mount Canopy 16 0.02 - 12W RAS CanopyVAN1 LED-12-N 16 N 8 Parking Garage Area Exterior LT-113M MV175PM 175W Mercury Vapor Pole Mount (15ft) 10 021 - Eye Lighting SOW LEDIOC Retrofit 10 N LES-60-740+NVO-x(XX-UNV-X)0= 9 Padding Garage Extedar and Exterior LT-85B34 HPSt50CAN ISM HPS Can DownllghLa 14 0.19 - Green Creative 48W Can Fxture 14 N Bridge 48CDL9.5G/DiM/840/2JT/ 10 Parli Garage Stairwell ExtedM NA F24T8 4112 Lamp ExtedorTm#er 31 0,06 - 1 45W TCP CP4500160 LED Canopy Light 31 N 11 Padring Geroq-$ xreell EMedor LT-19132 CFL26WP 26WCFLWallpack 4 0,03 - 12W RAB Wallpatlr BR15K12JPCU 4 N *The Contractor is responsible for finalizing fixture model numbers **The Contractor is responsible for confirming all fixture counts, pre and post case. ***The Contractor is responsible for confirming Title 24 compliance for all applications, Including installatlon of Occupancy Sensors where applicable. Appendix A: Responsibility Matrix Task Construction SoCaIREN PM Agency Consultant Contractor 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 5 P 5 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 5 R/A S/R P Commissioning Startup Checklists R R/A S/R P Functional Performance Test Procedures R R/A 5/R P Startup Documentation R R/A S/R P Functional Performance Tests R R/A S/R P Systems Manual R Support;Approval ProjectAgency = .ePublic R/A 5/11 Agency P CLEARBLUE� ENERGY CORP TABLE OF CONTENTS Contract Agreement Statement ................ Company History ..................................... Key Personnel .......................................... Understanding of Need ............................ Experience and References ....................... Schedule.................................................. Appendix A - Daily Report Template......... Appendix B — Safety Policy ....................... Appendix C — Bonding Capacity ................ Appendix D — Evidence of Insurance ......... EXHIBIT B .............................................. .............................................. .............................................. .............................................. ..................... I........................ ........................................ I..... .......................4 .......................4 .......................7 .......................8 .....................10 ..................... 20 ..................... 21 ..................... 22 ..................... 27 .....................28 2 CLEAR BLUE ENERGY CORP February 4, 2020 Clear Blue Energy Corp. 17150 Via Del Campo Suite 203 San Diego, CA 92127 Phone: 888.450.2232 Fax: 866.458.5062 Attn: Michael Ortiz Subject: Cover Letter for SARTC Exterior Lighting Project This letter is to serve as a statement of Clear Blue Energy Corp's desire and qualifications to implement the Exterior Lighting Retrofit at the Santa Ana Regional Transportation Center. Clear Blue Energy Corp was formed in 2009 and was started by owners Jim Kelly and Paul Santina as an S Corporation in California. We currently have 55 employees, 7 of which are Project Managers and 25 are members of our direct installation crews. We also have over 50 nationwide preferred subcontractor relationships. Depending on the size and scope of work awarded at any given time, we can scaleup to install any size of project. Our home office location is in San Diego, but we develop and perform projects across all major regions of the United States. To date we have completed projects in 35 states. We have built a dedicated team that is well experienced in the development and execution of LED lighting and controls projects over the last several years. Between our project managers, project developers, and installation crews, we have decades of experience installing lighting in multiple markets including — federal, K-12, higher education, large retail, hospitality, ESCO, and municipal. Over the last 5 years we have completed over five hundred (500) LED lighting retrofit installations nationally and each project has finished on time with exceptional results. Our unique approach to project implementation considers all factors including product stock and lead times, top quality LED fixtures and lamps, customer timeline, and available resources. By managing all aspects closely, we can utilize our in-house technicians and preferred sub -contractors to meet and exceed project completion expectations. For all the reasons listed above, we are confident we can and will provide the City of Santa Ana a successful implementation of your LED project. Sincerely, g Paul Santina CEO osantina@cbesco.com 888.450.2232 3 CLEAR BLUE ENERGY CORP CONTRACT AGREEMENT STATEMENT We accept any and all provisions contained in the provided Agreement labeled at Attachment 2. COMPANY HISTORY Clear Blue Energy was established in 2009 as an S Corporation by two seasoned, senior executives with extensive global experience in the high technology, telecommunications, consumer and networking industries providing global end -to -end product design, manufacturing, inventory management, and supply chain management to world class customers. Paul Santina, CEO, and Jim Kelly, COO, have driven Clear Blue Energy to be a market disruptive, high quality, fastest growing lighting company in the LED industry. We are currently experiencing explosive growth which we believe is a result of our top tier business practices we will touch on throughout this proposal. Market Disruptive Aspects of Clear Blue Energy LED Lighting Installations Culture of driving excellence at all levels • Customer centric philosophy focused on active communication throughout entire project duration • Relentless continuous improvement of processes • Industry leading engineering designs ensuring optimal performance of lighting systems • Superior global supply chain that delivers high end competitively priced LED solutions • Manufacturer direct purchasing maximizing ROI • Extensive national labor pool utilizing seasoned installation teams combined with a wide network of installation partners National Experience Clear Blue Energy's headquarters are in San Diego California. Our operations, sales, project development, and engineering teams are based there and have fulfilled over 500 projects nationwide. It is this robust experience and proven track record in dozens of markets that gives us the ability to deliver outstanding results no matter where our customer is located. Breadth of Vertical Market Knowledge Working nationally has allowed Clear Blue Energy to work with customers in nearly all vertical markets from the project development and design stage to full project fulfillment. • Large Retail • Commercial Office • K-12 • University/College • Municipal • ESCO • Auto Dealership • Federal v CLEAR BLUE ENERGY CORP Our management team comes with decades of experience in growing and running large companies. We also have a background in HVAC, ESCO services, technology services, and the contract manufacturing fields. The Clear Blue Model - Instantly Scalable Capacity Typically, the only services we do not provide in house are when additional labor sources are needed. Management of in-house labor is a critical component of our business and cannot be taken lightly. We pride ourselves in consistently hiring more qualified in-house electricians and technicians. However, often we supplement this labor pool with preferred subcontractor partners to ensure we meet project deadlines. When these partners are utilized, one VERY important fact is we always maintain our own direct employee Proiect Foreman and Proiect Manager during proiect implementation of all times. Clear Blue Energy is always directly overseeing and controlling project implementation. We find this is critical for quality assurance and control and for delivering timely and successful projects. The following page contains our 6 key components of this communication: Effective Listening and Understanding of the Customer's Needs and Primary Business Driver of the Project First and foremost, if we understand the purpose of the project —whether it be to increase light levels and safety, to save energy, or to improve site aesthetics — then we can better aid in consulting with our customers in developing the proper scope to achieve the desired result. The absence of assumption leads to mutual understanding and agreement. Scope, Budget, Solution When it comes to lighting projects, often there are hundreds, if not thousands, of line items to be audited. There are also a seemingly limitless number of products, companies, and solutions available — all with a differing range of costs associated. Understanding the exact requirements of our customers from day one allows us to cater each solution to each unique customer and application -whether it be areas to include or exclude, or different solutions throughout your campus or building. We understand that one size does not fit all and will customize our solution exactly to your requirements. Project Timeline Performing lighting retrofits can be a very intrusive endeavor. For most projects, our auditors and installers will enter every area affected by the project scope. We understand that business must be hindered as little as possible. We will ensure site staff are always up to date on product lead times and deliveries, estimated start dates, and installation progress. With this day to day scheduling, all members of the project staff are able to plan accordingly and prevent implementation delays. Daily Installation Reports Throughout installation, we provide daily reports of areas accessed and work performed. We also identify any site issues or problems right away so that they may be addressed and solved quickly. These reports also build confidence that we are reaching project deadlines. For an example —see agoendixA. CLEARBLUE ENERGY CORP Project Close Out When we leave the job site on the final day, we wish to ensure all items have been addressed and you, our customer, is satisfied that all project requirements have been met. Our project management team will walk all areas of the site and correct any outstanding issues observed. Ongoing Warranty Support The majority of LED products carry a 5-year or 10-year warranty for all our projects. We also include an industry standard 1-year workmanship guarantee. During the first year, any issues on site will be fully handled by Clear Blue with no added cost. However, we also understand that it can often be difficult to work with suppliers when issues arise. For that reason, we will continue to aid you in the warranty process even after the first year expires. KEY PERSONNEL The CBEC Project Team is a diverse group of specialists who combine to provide a high level of professionalism and coordination. Project Manager and Lead Safety Manager —Sergio Garcia, Clear Blue Energy's Director of Project Management, will be the primary member of our project team. As Director of Property Management, Sergio oversees our entire Project Management Team on a from a national scale. This level of expertise that he provides speaks volumes to the care and attention he will give your district. He is also tasked with ensuring adherence to all necessary safety and OSHA regulations Sergio comes with experience working on projects across all markets including: the federal government, military, public works, GSA, retail, industrial, and hospitality. Project Manager—Jafeth Gonzalez is currently scheduled to be the project manager for thi .project and will attend all customer meetings with our Project Supervisor. Jafeth is based out of Los Angeles an as 1B yearss )thin the lighting industry. He has worked with many school districts throughout the state as well as dire or large ESCO's as a subcontractor. Jafeth brings with him experience working with large volume of retail businesses, school districts, City Public Works, Federal GSA (high security), military bases, manufacturing facilities, office buildings, and many more. Jafeth is currently NRLT certified, OSHA 30 certified, and certified CPR. As Project Manager with Clear Blue Energy Corp., Jafeth will work with all project stake holders ensuring projects stay on time, under budget and expectations are met. He will attend project meetings and ensure district staff always know the exact status of the project. Project Supervisor — Mario Casas has worked in the lighting project and service industry for overhyears after starting as a service technician. He later transitioned to Sylvania Lighting Services before his tenure here at Clear Blue Energy. His work experience has ranged from both service and project technician, service and project coordinator, lighting auditor, project foreman as well as a designated onsite quality control and consultant. Over the years he has enjoyed working with national customers like AT&T, United Rentals, CVS, PetSmart, Safeway, Irvine Company, Western Digital, Hewlett Packard and Siemens. He has also proudly worked at numerous military and government installations. 7 CLEAR BLUE ENERGY COAP Project Design Specialist - A critical player of the project team is Aaron Abood who is tasked with the overall design of the project. Aaron brings with us over a decade of project design experience and has estimated in excess of a billion dollars -worth of projects even prior to his tenure at Clear Blue. Aaron excels at scope accuracy and ensuring each line item has the correct corresponding solution. Lead Auditor- Hunter Lane is our lead auditor for performing pre -construction confirmation of onsite conditions and counts. He helps to ensure that all products specified will be appropriate material for the job. This is to provide even greater assurance the project can be completed in a timely manner. The fewer surprises there are, such as different counts or existing site conditions, the faster the project can be completed. Project Administrative Officer — Michelle Breeden works directly with our Project Management team on all key administrative duties for our projects including: Schedule of Values, Pay Applications, Invoices, and Payment Schedules. Her tenure at Clear Blue Energy Corp began in 2012 and her role has continually expanded ever since. As Clear Blue Energy has grown, so has she in her keen abilities to manage all back end administrative aspects of our projects. She currently is ultimately responsible for our: Accounts Receivable, Accounts Payable, Logistics Coordination, Operations, and Human Resources. UNDERSTANDING OF NEED Clear Blue Energy offers a full suite of services for the implementation of LED lighting projects. We have catered our business model and offering to provide a fully comprehensive solution to ensure that our customer's staff have a seamless experience when installing their lighting energy reduction measures. The following are the services offered for designing and implementing LED retrofit projects: • Investment Grade Site Auditing • Full Product Procurement and Delivery • Energy Usage Analysis • Installation and Project Management • Utility Incentive Administration • Commissioning- including full as-builts • Project Engineering - including Photometric Layouts • Post Job Warranty Support • Full ROI Analysis Project Design In designing these projects, at Clear Blue Energy we believe in the'Whole Value' approach. We are firm believers that energy projects should have the quickest return on investment possible without sacrificing performance. Ensuring that tax and investment dollars are spent -..dda wisely, ultimately means that the end customer can perform more measures down the road to achieve all energy savings goals. Our 'Whole Value' approach begins with our relationship with our suppliers. We buy our material direct from the manufacturer for the majority of ' — ' product. This eliminates costly markups from distributors and middlemen, leading to an overall lower project cost to districts. These long-term relationships also allow us to be prioritized for lead times on components. For a high -profile project such as this, we are confident we can push our suppliers to deliver all material quickly to allow for an expedited installation. 0 CLEAR BLUE ENERGY CORP We also pay careful attention to the existing lighting on site. We never sacrifice performance or light levels at any facility, in the name of cost savings. Proper light levels in sensitive areas deserve the highest quality of light possible. For all product selection, we ensure performance will be equal or better to what is existing on site; and during installation, we will measure before and after light readings guarantee site conditions have been improved. Project Management Plan and Subcontracting It is our commitment to ensure that all budgets and schedules are met by this project. After project award, we will perform a kickoff meeting with your district team to discuss required schedule, project timeline, and lead times for product to arrive. Here we will discuss all particulars of the job Including all logistical details such as but not limited to: where to place on site storage, site access and keys, any important dates to work around, and ensure all key contacts on customer and contractor side are clearly introduced. Once material arrives and our technicians begin installing, our Project Management team will work with and communicate with your staff daily so that all parties know exactly the progress of the project. If any slippage occurs or problems are found on site, they will be brought immediately to the attention of your personnel. In Appendix A is included a blank copy of our daily report template for your review. This will be provided at the end of every workday to effectively communicate job progress and all issues found on site. If any work must be subcontracted, we plan on using our preferred subcontractor, JMV Lighting & Electrical, who we have used on countless jobsites for installing work identical to this scope of work. They hold all our values and bring forth the same level of quality and professionalism that we adhere to, making them more of a strategic business partner than just a subcontractor. The scope of work provided is similar in scale and type of fixtures we have dealt with through our tenure with public school systems and private malls across the country. Where we are simply replacing the fixture, the only difficult part of the installation would be matching footprint to minimize patch and paint, and installing new anchor bolts, provided the existing are not reusable. Both concerns are standard though and we have done both on many school projects. The parking lot fixtures are identical to our mail projects and we will handle coning the night before so there are no obstructions the following day for the installers. Then, as the installers move around, they will remove the cones to minimize traffic impedance. The most difficult fixture will be the Decorative Handing Lanterns, strictly because care must be taken as to not damage the fixtures since they are one -of -a -kind, but we have retrofitted numerous decorative architectural fixtures in malls in schools, so again, we are prepared and understand the scope of work. CLEAR BLUE 0 ENERGY CORP EXPERIENCE AND REFERENCES Brookfield Properties Company Description: Brookfield Properties is a global real estate services company, managing, leasing and re -envisioning one of the largest retail portfolios in the United States. Our regional shopping centers create a sense of place in the key markets throughout the country, encompassing 170+ locations across 43 states and representing over 146 million square feet of leasable space. Ongoing work size: $4,000,000 - $5,000,000 Project Scope: Most projects consist of site area lighting and building mounted floods and uplights Investment Grade Audit: We will either execute an audit or the information is provided to us to bid from Performance Guarantee: There was no performance guarantee associated with this project Customer Reference: These are ongoing projects that are brought to us and we bid on them through Brookfield and the point of contact is Josh Burrows who can be reached by email at ioshua.burrowsPbrookfieldprooertiesretail.com Subcontractor: We will identify and subcontract the work to a local licensed electrician City of Temple Texas City Description: Temple uniquely offers the best aspects of two worlds: the conveniences of big -city dwelling with the atmosphere of a small town. A home to visionaries and dreamers who saw the fulfillment of their aspirations, Temple offers a bright future to those fortunate enough to live within this community of growth and opportunity. Project Size: " $351,000 Project Scope: Interior LED new fixtures, Bypass LED Type B Tubes, and new exterior fixtures at various city sites (Library, City Hall, Fire stations, etc.) Investment Grade Audit: The audit was performed by Clear Blue Energy staff Performance Guarantee: There was no performance guarantee associated with this project other than the paperwork filed with the City. Customer Reference: The project was obtained through a public bidding network and the point of contact is Justin Brantley who can be reached at 254.298.5464 or by email at jbrantley@templetx.gov Subcontractor: This project was staffed by our preferred local subcontractor, Magnolia Lighting & Electric. CLEARBLUE0 ENERGY CORP Houston Community College School District Description: Houston Community College's service area is Houston Independent School District, Katy, Spring Branch, Alief Independent School Districts, , Stafford Municipal District, and the Fort Bend portion of Missouri City. � L" M Project Size: —$1,646,000 OUSTON COMMUNITY COLL102 Project Scope: Interior LED new fixtures, Bypass LED Type B Tubes, and new exterior fixtures throughout the college campus Investment Grade Audit: The audit was performed by Clear Blue Energy staff Performance Guarantee: There was no performance guarantee associated with this project other than the paperwork filed with the college. Customer Reference: This project was obtained through a public bidding network and the point of contact is Arturo Lopez who can be reached by email at arturo.lopez(alhccs.edu Subcontractor: This project was staffed by our preferred local subcontractor, Magnolia Lighting & Electric. Santa Rita Unified School District District Description: The Santa Rita Union School District is rich in history. Established in 1871, SRUSD is located on what is now the North East corner of Salinas, California. Project Size: $482,045 Project Scope: Primarily Procurement and Turnkey Installation of Interior LED 2x4 Retrofit Door Kits and High Bays Along with Exterior LED New Fixtures for Wallpacks, Area Lights, and Canopy Lights. Audit Performed: The Investment Grade Audit was provided by the District's Design Engineer on the project. We adhered to this audit in preparation of the quote and for the As -Built as the project was installed. Prior to installation, our Project Management team re -audited the sites to confirm all counts and information regarding existing fixture types. Performance Guarantee: There was no performance guarantee associated with this project other than the paperwork filed with the California Energy Commission regarding the EEP. Reference Contact Information: Included on the following page is a reference letter for this project from the Facilities Director Diane Miller. Her email address is: dmiller@santaritaschools.org and phone number: 831.443.7207 x 1101 CLEAR BLUE ENERGY CORP A 17',t I Santa Rita Union School District c r"V "' "'v tic`` 57 RusuUad; RoSalinas CA 93906 t031) 443-7200 Faz @M) 4421729 www.santa taachoob.org Mr. Sean Nachtigall Clear Blue Energy Corp. 17150 Via Del Campo, Suite 203 San Diego, CA 92127 Dear Sean, I wanted to send a sincere thank you to ClearBlue for the Santa Rita Union School District lighting project. This District -wide, interior and exterior lighting replacement project was complex, however under Jafeth Gonzalez's leadership it went smoothly from start to finish. I especially appreciated Jafeth's excellent communication and quick response times. Throughout the project, he promptly answered all of my calls and emails, and consistently sent weekly schedule and project status updates. This made it easy for me to keep track of both the work progress and the budget. Thanks to Jafeth and your entire team for making this project a success. Sincerely, Diane L. Mi&r Diane L- Miller Director of Maintenance, Operations, Transportation, and Facilities Santa Rita Union School District 12 CLEAR BLUE ENERGY CORP Trane is a leading national provider of HVAC components and ESCO services. Clear Blue Energy has partnered with them over the last three years to implement over $7,000,000 in K-12 projects. They are a very close partner to us which is evidenced by the repeat business we have garnered from their Southern California teams. The primary reason we are providing them as a reference is due to the two keys they require of Clear Blue Energy for every project we perform: 1. Accurate investment grade audits and pricing —Le.no surprise change orders.-Especiallywhenguaranteedsavings are on the table, ESCO style of performance projects require the strictest adherence to accuracy of data and information. We continually provide this In order to ensure accurate and soundly fulfilled projects at a cost agreed upon before any work has commenced. 2. Ease of Installation — We pride ourselves on our Project Management capability, and so does Trane. Ensuring a seamless installation and project schedule means savings are realized as expected if not earlier. We strive to beat all customer expectations in this regard. A reference letter is attached from one of Trane's project managers for your consideration. Below is a brief summary of the services they offer related to ESCO services. "It's all around you. It's in your building's air conditioning and heating system. It's in your water heaters. It's In your faucets and thermostats and lighting fixtures and the weather-stripping around your windows. Wasted energy and operational inefficiencies throughout your organization can be turned into cash. And we're not speaking figuratively here. You can have funds now in exchange for the money you save on energy and operating costs in the future, just one of the business advantages of Trone's Performance Contracting. Here's how it works. Leverage Your Future Savings The value in our Performance Contracting service isn't simply In predicting what you'll save by executing those improvements. Essentially, you can fund today's infrastructure improvements — to your HVACsystem, lighting, boilers, roofing and so on — by leveraging your future savings. With our energy management services, Trane will guarantee your energy savings. Spend now what you'll save on energy and maintenance later Energy is the single largest operating expense in a typical commercial building, costing American businesses more than $24 billion a year. With energy's rising costs, its increasing toll on our environment and today's historically low interest rates, there's never been a better time to restore your company's aging infrastructure." 13 CLEAR BLUE ENERGY CORP Los Alamitos Unified School District School District Description: Los Al has a long-standing legacy of excellence in Academics, Athletics, Activities, and the Arts. All District schools have been honored as California Distinguished Schools and Gold Ribbon Schools. With a District API of 922, highly -talented teachers and staff ensure that students are prepared for unlimited possibilities now and following high school graduation. We are honored to serve the entire District Community - a great place to live, work, and go to school! Project Size: $660,000 Project Scope: Interior Type B bypass LED tubes and new exterior LED fixtures Investment Grade Audit: Performed by Clear Blue Energy staff Performance Guarantee: There was no performance guarantee associated with this project other than the paperwork filed with the California Energy Commission regarding the EEP. Customer Reference: Included on the following page is a reference letter for our work with Trane on this and the other projects listed from Ron Miller. His email is rmiller40trane.com and phone number is: 626.913.7123. If district personnel contact info is desired, please contact Ron and he may refer you. Romoland Unified School District School District Description: Romoland School District is located in a small suburban community 22 miles south of Riverside, and 60 miles north of San Diego, just east of Interstate 215. The District currently serves over 4,000 students, presiding over 32 square miles. To date, 456 people are employed on either a full or part-time basis. The District's schools are organized into four TK-5 schools, and one 6-8 middle school. Students matriculate to Heritage High School, in the Perris Union High School District, for grades 9-12. Project Size: $589,000 Project Scope: New LED fixtures for interior and exterior at (4) sites Investment Grade Audit: Performed by Clear Blue Energy staff ,oLANe SCHOOL DISTRICT Performance Guarantee: There was no performance guarantee associated with this project other than the paperwork filed with the California Energy Commission regarding the EEP. Customer Reference: Included on the following page is a reference letter for our work with Trane on this and the other projects listed from Ron Miller. His email is rmiller4Ca7trane.com and phone number is: 626,913.7123. If district personnel contact info is desired, please contact Ron and he may refer you. 14 CLEAR BLUE ENERGY CORP 7 "W" lout/J'ry(.w/aro.�Hm Southern California Tone Tyler Clemmer Distort Manager CA State Contractors Lkense p 561796 Commercial Sales Expiration Date. "1119 To: Clear Blue Energy Corp. Date: 8110/18 17150 Via Del Campo., Suite 203 San Diego, CA 92127 Attn: Sean Nachtigall Re: Referral Letter Sean: I am happy to provide the following referral letter: 3253 E. hnpedal thrre Brea, CA 92821 TEL 626 913-7123 FAX 626 913-8419 I have worked on multiple projects in the past 3 years with Clear Blue Energy Corp. and have been very happy with the sales team, installation team and the final product. I have had projects where CBESCO was involved in the initial audit and saving calculations as well as projects where Trane provided the scope to CBESCO to execute. They have always been fair and worked with us if there were discrepancies in the actual installation quantities and the original audits. I have been extremely delighted with their installation team and the communication I receive on a daily basis updating me on progress and scheduling. Their team is very responsive if there are issues during the installation as well as resolving anything that comes up during the warranty period. I am happy to give CBESCO a glowing review and foresee doing many projects together in the future. Respectfully, Ron Miller Project Manager 15 CLEAR RLUE0 ENERGY CORP ESA Energy Systems Associates, Inc. 1111 N I1-135, Suite 212 Round Rock, Texas 78664 March 28, 2019 To Whom It May Concern: Phone: 512-258-0547 www.esa-engineers.com Our firm has recently worked with Clear Blue Energy on two large scale lighting retrofit projects, one with a municipality and the other a large metropolitan community college. I would consider them a top company with regards to large scale lighting retrofit projects. As a project manager and consultant, my role is to ensure that the interests of the Owner are well represented. This task seemed easier when the contractor was Clear Blue because they themselves were very attentive to the needs and desires of the Owner's. Clear Blue's staff showed exceptional skill, customer service and professionalism. I have worked with many contractors and consider Clear Blue's capabilities to be outstanding. I highly recommend them for your upcoming projects. Feel free to contact me with any questions you may have. Sincerely, Steve Waldron Project Manager lip CLEAR BLUE ENERGY CORP August 17,2019 Michael Gonzalez Clear Blue I wanted to let you know that very rarely do I get to meet a group of people, workers, staff, that is so efficient and courteous. The team worked so effectively I did not get one call from any of our staff about anything, is was as if they weren't here, amazing, I want to thank you and your crew for such a great job. �<Ir George H LoWz Director Facilities, Maintenance and Operations Santa Cruz County Office of Education 17 CLEAR BLUE 0 ENERGY CORP S. TORRESGROUP INC. Inspection Consultants OSHPD / DSA / ICC / IBC IRC / ACI / ICBO / ACIA July 19, 2019 RE: Recommendation Letter for Evelyn Garcia To Whom it may concern: I have dealt with Ms. Garcia on many DSA and OSHPD projects that I have consultant and inspected on. The projects have ranged from small to very large. She has shown extreme professionalism and knowledge in her ability to read plans and supervise projects. Her time management and document control produces the efficiency to help in the success of completing projects in a timely manner. Any company that utilizes her abilities would benefit from her experience for producing a quality compliant product, and for a well -managed and successful project. Sincerely, Salvador Torres, Jr. President F. CLEAR BLUE C ENERGY CORP Governing Board Davld C. Isom President Judy Honeychurch Vice President Bethany Smith Clerk Joan Gaut Jonathan Richardson John Silva Craig Wilson Superintendent Kris Corey Fairfield -Suisun Unified School District 2490 Hilbom Road. Fairfield, California 94534 • Telephone (707) 399-5148 FAX: (707) 399-5162• www fsusd.ore "Fairfield -Suisun Unified School District is a premier learning community that empowers each student to thrive in an ever -changing world." April 12, 2019 RE: Letter of Recommendation for Evelyn Garcia To Whom It May Concern: The intent of this letter is not only share my great experience working with Evelyn Garcia but also to recommend her and her highly qualified team for energy efficient projects and solutions. Evelyn was one of the project supervisor for our lighting project that included multiple sites with lighting retrofits, new fixtures and bulb replacement. She had great communication With maintenance, facilities and staff. This involvement at every level truly made the project feel like a team effort. We also appreciated her dedication to timely project success. Despite challenging site conditions and timelines, Evelyn made sure the site crew worked alternative shifts and long hours to ensure the project was completed according to schedule while minimizing disruptions to staff and students. As an energy manager, I appreciated her practical approach to project solutions and clear explanations to questions by District staff. Evelyn made the process easy and straightforward for our District. As a result, our project completed on time and staff was extremely happy with the results of the project. They felt the lighting made the campus feel welcoming and safe. I am very pleased with the result of the projects thanks to Evelyn Garcia. To anyone searching for a project supervisor, Evelyn is professional, communicative, and adheres to timeline and budget. I highly recommend her. Thank you for your time, c Marina omero Energy Manager Fairfield -Suisun Unified School District 19 k LLI I )\ Q ® � 2 § 0 \ k § ! \ j \ � % \!� k �k� C� § \ k � i �- ! . _■�- � b ' \ E \)§\k$| !$�. : - CLEAR BLUE ENERGY CORP Philosophy At Clear Blue Energy, our number one focus is to always deliver the highest value solution to our customers. Since our inception, we have conducted business with our win -win mentality. Bottom line: if our customers win, we win. We believe it is this approach that has propelled us on the tremendous growth curve we have experienced over the last decade. We will continue to focus on our customer's needs, not corporate governance, to ensure successful projects for years to come. Our Business Model Our paramount objective is to maximize overall value to you, the customer, by solving your LED Lighting needs with our comprehensive solution approach that utilizes the following primary business functions: • Investment Grade Site Auditing • Energy Usage Analysis • Utility Incentive Administration • Project Engineering and Design including Photometric Layouts • Full ROI Analysis • Full Product Procurement and Delivery • Installation and Project Management • Commissioning including full as-builts • Post Job Warranty Support • Alternative Financing Options Technical Resources We staff engineers with the capabilities to perform full photometric design for all our projects. Using AGIN software allows us to provide customers the confidence their spaces being retrofitted will have the proper light levels for the area served. The Key to Success — Communication At Clear Blue Energy, we maintain that success or failure ultimately comes down to one thing — communication. Communication is the only continuous action throughout the entire timespan of the project — from the first meeting to final sign off, it is the one task that remains constant throughout. At Clear Blue Energy, we are firm believers that if all aspects of the job are properly communicated and project expectations are clearly agreed upon, then project success is a foregone conclusion. We do everything in our power to ensure we "listen effectively" and understand clearly from the customer, not just the desired scope of the project, but also the business case for the project so that we create the greatest value and positive customer experience possible. Fulfillment Caoaciri Clear Blue Energy currently has 55 full time staff including 25 electricians and installers. We also have an in-house team of project developers and engineers that design and structure our projects. We currently have 7 project managers with over 85 years of combined experience in the lighting retrofit fields. CLEARBLUE ENERGY CORP APPENDIX A - DAILY REPORT TEMPLATE CLEAR BLUE ENERGY CORP DAILY CONFIRMATION SERVICE ORDER NUMBER JOB CODE STORE NUMBER CUSTOMER SERVICE DATE PO NO. CUSTOMER NAME: LOCATION ADDRESS: POC: POC CONTACT: TRUCK:;: SLCC: 'I ILI ,..r,,:l,.. urTOs arraLr� ernEEI7 SO Ml:; EMFMEE NUY_'ER EMPLOYE= -NAME START JOB EN70 IDB STAiT JOB Er[] me START LUNCH END LUNG t'.v l IN51KLt6 tL�T,v.f a3TaLLEo INSTALLE-D TO LOCATION NAE] CODE QIY DESCRIPMN NOTES COMMENTS: IOB STATUS 1- JOB COMPLETE 2- MATERIAL SHORTAGE ❑ 3- SPEC EQUIPMENT REQUIRED 4- SPEC ASSISTANCE REQUIRED 5- WORK IN PROGRESS 6- ACCESS DENIED r TIME SHORTAGE/WEATHER MANAGER ❑ ASST. MANAGER ❑ SALES ASSOCIATE ❑ WALK THRU COMPLETE OYES ONO TOOAV'S SEWAS GREAT GOOD GOOD FAIR ❑ POOR ❑ MIXED ❑ DIFFICULT ❑ TROUBLE SHOOT Cl ]OB COMPLETE OYES ONO ****AUTHORIZED SIGNATURE**** PRINT SIGN 21 CLEAR BLUE ENERGY CORP APPENDIX B - SAFETY POLICY Clear Blue Energy is dedicated to the safety of its customers and employees. Below is our full safety program. Purpose We at Clear Blue Energy Corp are committed to the safety and health of our employees, and know that our strength as a company Is only as good as the strength of each individual. We will strive to place safety and health above all else, and will involve all workers at every level in establishing, implementing, and evaluating our efforts. This written Injury and Illness Prevention Program is intended to reduce the severity of job -related Illnesses and Injuries at this company. It is our intent to comply with the requirements of California laws and Section 3203 of the General Industry Safety Orders. Management Commitment Our commitment to safety and health shows in every decision we make and every action we take, which is why we've established workplace objectives for accident and illness prevention. As a company, our safety goals are to: achieve zero accidents or injuries. The following Injury and Illness Prevention Program Administrator(s) coordinates the program elements for our company: Administrator: Responsibility and authority: I Information and training: Resources provided: Safety Manager company wide compliance supported through all levels of management trade publications, OSHA seminars Health Services and Risk Management This person(s) is responsible for setting up and managing the program so that managers, supervisors, and employees know what our company expects. Our Program Administrator(s) is accountable for meeting these responsibilities when we: conduct monthly safety performance reviews. He/She has the authority (delegated abilityto take action) to carry out his/her duties in a timely manner so that progress is made in meeting program goals. He/She is also provided with sufficient resources, information, and training to meet those responsibilities. The Safety Manager, Project Managers and Supervisors have examined our existing policies and practices to ensure that they encourage and do not discourage reporting and participation in our program. In this way, early reporting of injuries, illnesses, and hazards, as well as meaningful employee participation in the program are more likely to occur. The reporting of injuries, illnesses, and hazards is especially important because the success of the program depends on such reporting. The Safety Manager reviews all incentive programs to ensure that they are designed to reward safe work practices, such as active participation in the program, the identification of hazards in the workplace, and the reporting of the early signs and symptoms of illnesses, rather than to reward employees for having fewer injuries or illnesses. Project Managers and Supervisors are responsible for implementing and maintaining the Injury and Illness Prevention Program in their work areas and for answering worker questions about the program. A copy of this program is available from each manager and supervisor. Safety Communication In an effort to open the lines of communication between management and employees, we've established a system that allows a continuous flow of safety and health information that Is readily understandable by all affected employees. Project Managers and their supervisors communicates with employees monthly about the program so they have the information necessary to protect themselves from hazards and have effective input into the operation of the program. We realize that it is essential to keep our employees informed on matters relating to occupational safety and health while encouraging them to inform management of hazards in the workplace without fear of reprisal. That is why we've implemented a communication system that includes: monthly safety meetings. Employee Participation and Information All of our employees, including managers and supervisors, are trained and expected to follow the general safe and healthful work practices and work practices specifically developed for theirjobs. In addition, they must understand our safety and 22 CLEAR BLUE ENERGY CORP health reporting system, so that reports are received in a timely and systematic manner. See the Safety and Health Reporting section of this program. To ensure employee compliance with safe work practices, we've developed the following recognition methods to motivate employees to put our safety rules and work procedures into practice: group recognition. Our company also holds employees accountable if they violate safety and health rules or safe work practices. Our disciplinary procedures are as follows: see disciplinary policy A copy of Cal/OSHA's Injury and Illness Prevention Program and Heat Illness Prevention regulations, and other information is accessible to all employees a copy is posted on the bulletin boards. However, this information does not include confidential or private information that is of a personal nature, such as medical records. While we provide opportunities for employee participation, we also comply with the National tabor Relations Act. Safety and Health Reporting Our safety and health reporting system ensures that any and all levels of management receives and promptly responds to the report, evaluates the report to determine whether an injury or illness has occurred, and takes corrective action as Cal/OSHA regulations require and where appropriate. When determining whether an employee who has experienced signs or symptoms of an injury or illness actually has an injury or illness, we have the employee evaluated, at no cost to the employee, by: Health Services Department of participating medical provider. We use the following method for reporting job -related injuries, illnesses, fatalities, incidents, and hazards: verbal and written notifications. All employee reports are taken seriously by the company. If an injury, illness, fatality, incident, or hazard has occurred, we will identify, assess, and control the hazard(s). Hazard Identification and Assessment Before existing and potential hazards can be prevented and controlled, they must be identified and assessed. It is critical that this be done for the entire workplace. The Safety Manger and Health Services review existing safety and health records monthly. All CBEC employees are required to inspect for hazards performs hazard inspections daily or before each use. This person/team has a thorough knowledge of the facility and the regulations that apply. Inspections are conducted as follows: visual for most but could require special inspections. Project Manager, Supervisor, and/or Safety Manager identifies and evaluates hazards before we change procedures, or change design, or purchase equipment, materials, or processes. This is called proactive safety, and the concept encompasses facilities, hardware, equipment, tooling, materials, layout and configuration, energy controls, environmental concerns, and products. In addition, Safety Manager along with field support will investigate each work -related death, serious injury or illness, or incident (near -miss) having the potential to cause death or serious physical harm. The supervisor is responsible for determining what repairs or corrections need to be made, and assigning responsibility to get them done. Once corrected, all hazards are reassessed. Hazard Prevention and Control Once hazards are identified and assessed, they must be eliminated or controlled. Job hazard controls are engineering, administrative, and/or work practice controls used to eliminate or materially reduce hazards. While engineering controls, where feasible, are the preferred method, administrative and work practice controls also may be important in addressing hazards. Personal protective equipment (PPE) may also be used to supplement engineering, work practice, and administrative controls, but may only be used alone where other controls are not feasible. 23 CLEARBLUE ENERGY CORP Ultimately, we implement job hazard controls to bring our facility into compliance with the California Occupational Safety and Health Act of 1973 and Cal/OSHA regulations. Generally, this means coming to one of three ends: 1. The hazards are materially reduced using the incremental abatement process; 2. The hazards are reduced to the extent feasible, and then our supervisors periodically looks to see whether additional controls are feasible and, if so, he/she implements them promptly; or 3. The hazards are eliminated. When hazards are observed or discovered or when hazards are imminent, our company follows these steps for hazard control: discontinue operations, notify your supervisor and initiate corrective actions to mitigate. Accident/Exposure Investigations Although every effort is made to prevent workplace injuries and illnesses, we realize that accidents can happen, and we are prepared to handle these unexpected situations. If an accident or near -miss occurs in our establishment, Supervisor, Project Manager or Safety Manager is responsible for conducting a thorough accident investigation to identify the cause(s), as well as the steps that must be taken to correct the situation. our company follows these steps when investigating an accident or near -miss occurrence: Secure the area and any evidence take pictures and collect written statements. Root cause analysis is done to determine cause of accident. Training Training is one of the most important elements of our Injury and Illness Prevention Program because it allows employees to learn theirjobs properly, brings new ideas into the workplace, reinforces existing ideas and practices, and puts our program into action. All of our employees, which include managers, supervisors, and workers, know about the establishment and success of our Injury and Illness Prevention Program. They understand the importance of establishing and maintaining safe and healthful working conditions and their roles in this effort. Under no circumstances may an employee work in job assignments for which training is required until he/she has successfully completed proper training. This includes all existing and new employees. However, if an employee has received training in certain required topics within the last three years; initial training in those specific topics may not be required. Before we can meet the prior training exception, the supervisor must be able to demonstrate that the employee has retained sufficient knowledge to meet the requirements for initial training. He/She determines this by no prior training exceptions allowed. To be clear, training and instruction is provided: • When this program is first established; • To all new employees; • To all employees given new job assignments for which training has not previously been received; • Whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard; • Whenever we are made aware of a new or previously unrecognized hazard; and • To supervisors to familiarize them with the safety and health hazards to which employees under their immediate direction and control may be exposed; and • To all workers with respect to hazards specific to each employee's job assignment. We follow this training and retraining schedule: annual. New employee's supervisor will identify trainees in each set of new employees and make arrangements with department management to schedule training. He/She will also identify those existing employees who need retraining. Supervisor is responsible for conducting training. His/Her qualifications include: on the job and company training. 24 CLEAR BLUE ENERGY CORP The company training program includes an opportunity for employees to ask questions and receive answers via during safety meetings and regular business meetings. This allows employees to fully understand the material presented to them. All training and information is provided in a language the trainee will understand. Training Certif)cotion Supervisor is responsible for keeping records certifying each employee who has successfully completed training. Each certificate includes: employees name, date and score if a test or trainers signature if certifying. Safety and Health Recordkeeping To reduce or eliminate employee injuries or illnesses, we are committed to learning from past experience and making corrections for future operations. That's why information is gathered and stored so that control procedures can be instituted to prevent injuries or illnesses from recurring. The records we maintain include the following: Record/Document: Details: I Location: I Duration kept: safety training test itraining file 13 years safety certifications itraining file 13 years Program Evaluation It is inherent that problems may occasionally arise in this written Injury and Illness Prevention Program. Although we may not be able to eliminate all problems, we try to eliminate as many problems as possible to Improve employee protection and encourage safe work practices. By having our Program Administrator(s) thoroughly evaluate and revise our written Injury and Illness Prevention Program in a timely manner, we can eliminate problems effectively and ensure that our program is appropriate to workplace conditions. At this company, program evaluation is performed by our Program Administrator(s) annually to determine what is working well and what changes, if any, are needed. The evaluation involves the following: audit of the program. Heat Illness Prevention As an employer whose work activities are primarily outdoors, we strive to comply with Section 3395, Heat Illness Prevention. Adequate drinking water, access to shade, heat -related emergency procedures, and employee and supervisor training are key to preventing heat illness. To ensure access to sufficient quantities of potable drinking water and frequent consumption, the following steps are taken: annual training, water provided for outdoor projects. We provide access to shade at all times and ensure this by taking the following steps: breaks, provide hats, job modification. To ensure that employees have access to a preventative recovery period, we follow these steps: job modification. When an employee exhibits signs and symptoms of heat illness, it is critical that the following steps be taken: send employee to clinic for evaluation. Also, should emergency medical services be necessary, the following steps must be taken so that those services can be provided without delay: call 911. In addition, we train both supervisory and non -supervisory employees on the following: • Environmental and personal risk factors for heat illness; • Frequent water consumption; • Acclimatization; • Types of heat illness and common signs and symptoms; • Reporting procedures; • Emergency response procedures; and • Procedures for contacting emergency medical services. 25 CLEAR BLUE ENERGY CORE We take the following steps to ensure employees and supervisors are trained: annual refresher training. EMR Rating We have no reported incidents on job sites for the last several years. Our EMR rating for 2019 will be 0.88. Policyholder Details Employer Name Address (Primary) FEIN (Primary) Bureau Number How to Get Rate (Primary) 17150 VIA DEL 35-2367682 5-01-14-95 Sheets, Inspection CLEAR BLUE ENERGY CAMPO SUITE 203 &ports and CORP. SAN DIEGO, CA Comprehensive Risk (CORPORATION) 92127 umma -Report X-Mod History You must submit valid authorization to obtain rate sheet. After authorizing, click X-Mod link to access rate sheet PDF. 0 RED Year X-Mod Eff X-Mod X-Mod Statu• Status Da... Berate Number Rerate Reason ® 12019 2019 88 Published 1 06/11/20... 0 0 2018 2018 ------------ 88 Published 06/13120.. - 0 --- 0 2017 2017 DNQ Approved 06/12/20 . 0 ®'2017 2017 j DNQ Approved 01/05120.. 0 - 61 , 2016 2016 DNQ Approved 12/29/20.. 0 f;t 2015 2015 DNQ ARR[4Ygd 01/06/20... 0 .t td 2014 ' 2014 DNQ ! Approved 02/13/20... 0 2013 2013 DNQ ApREgygd 04/11/20'.. 0 1 Page size: 10 8 item(s) in 1 page(s) 26 CLEAR BLUE 0 ENERGY CORP APPENDIX C- BONDING CAPACITY At Clear Blue Energy we have worked diligently to build a foundation of financial strength. Due to our explosive growth and success in recent years, our single project bonding capacity currently stands at $15,000,000 with an aggregate capacity of $40,000,000. Below is a letter from our bonding agency reflecting this fact: Simplebond Insurance Services LLC 1137 Savoy St San Diego, CA 92107 (619) 923-2470 Fax (800) 753-5549 07018 Clear Blue Energy Corp 1710 Via Del Campo, Suite 203 San Diego, CA 92127 Dear Mr. Santina Based upon your excellent performance history, strong financial position and access to credit your bond capacity is cun•ently at a forty million dollar aggregate limit (S40,000,000.00) and your single contract limit is at fifteen million dollars (S 15,000,000). Issuance of future performance/payment bonds are subject to maintenance of your company's current positive growth, credit worthiness and performance record. Contract language is subject to underwriter review prior to bond issuance Thank you for using 5implebond Insurance Services. Peel free to call or e-mail us with any questions. Ay ou, PUSOLnl�- 27 CLEAR BLUE ENERGY CORP APPENDIX D - EVIDENCE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE OTEWmvaYrnI 102912019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(n AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy(its) must have ADDITIONAL INSURED provisions or be "domed N SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain, policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endersemem(s). FRCGUOEA Merrick Commercial Insurance Solutions PO Box 130276 wecT Customer Service Nsue: 'HONE ,760-5193350 ao. NF ADQRQ`. merickinsumncesolLrUon hotmaii.com Carlsbad CA 92013 HtVREP t AFFOPDMOCOVEFAOE N41Ct Ndu ,:Ategnty Specialty Insurance Company tun NSW40 Clear Blue Energy Corp 17150 Via Del Campo, Suite 3203 San Diego CA 92127 .1,0111RO,FirstMercuryInsuranceCompany 10c57 MIURERC- HIDRFR D: NtUIEP E, efDRER F' COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THUS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN M.LIED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT LYITH F-SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN• THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. Im TYPe DFMi1RIAN6 Pd.1CYM49®el 111mt A esaRreecuLOENtauLLuelurY eJUAa awE © oxLq 0"-GL-P00000094-0 BMn5120t9 01012020 eX++CatwAENcE 11,000,000 mt+nseb iEaaemrcer i 100,000 seD ExP wa rns x+'�1 15,000 FERxawLanDVInAXr 11000,000 wr_LUTAF1��€a FS, FaxY0 107 LJ cEV=ra�Ln — k7E 52,000,000 FReDucr;-ccMwcwADo $ 2,000,000 f AIrr0110lQaYAdlrY ANY AUTO CANED I a DOLFD AUTCE ONLY #oNLv ONLY KT06 GIP.Y exeiNo ea xLDCIG i ecpLY WLWft io t _4'.pLY ruuRY lPs xe2eel a 4}YD)1M1DE B uI®REuwuAe D MSLw G CLALYs+xtiE CA-EX-0000087 816-01 OI2312014 011252020 EUIoccavlcE i5,000,000 .UGRLWTE $5,000,000 f� CHi i axp. e7RWEaLLRELIr'! YrN AYFPRCP!tiTp4wMTKR'FxENTNE ® am�uE mmaF>ALo�ra:L tsss.4scsa,nda CEECWKWN Or n raw N=♦ ,rt 'T' Et. WCIl ACG0F11T �• - f DUEnaE•uEArr_ s EL OHUSE•Pp.KY MVIT i LEtCNPiIpI CF (H[RATICIr11 L0GTpNf IYEtUCLEI VCORD101.IORD®1WnfreeaMOYLmrYDr YioNMrverraor KeYWl�q This Certificate is to serve as proof of Insurance for above named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE CORATIDN DATE THEREOF, NOTICE WVA BE DELIVERED IN ACCORDANCEWITHTIE POLICY PROVISIONS. YmgN®RK"MNW ATM James Christ 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (MGM) The ACORD name and logo are registered marks of ACORD ftMIUNd Yi1,e Fa1s4 e%i wo toftm IQ) MO ft FJfw, N0.20r.Ilr 0 CLEAR BLUE ENERGY CORP POICy NUmber. Z133779004 Dale Entered: 10/9/2019 4GC]A7Y�a CERTIFICATE OF LIABILITY INSUIRANCE 101'912077 10/9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SL AUTHORIZED REPRESEETATNE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must nave ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, contain policies may require an endorsement. A statement on this ceAffiate does not confer fights to Lee corillicato holder in Rau Of such endorser_l�Le`nt(s.4 P Rto=..R MANE: ONTACTOebbie DeHitt insurance Se icoN, inc. - - s Ready Insure of Southern CA P"coEisle.(760)7d7-9596 VAX J_(760)737-9595- E'NAL .deLbikBpn�ell.Elat 1081 Borden Road, Suite M107- I11a91RpNlIANDIIONOCW9LWE NAN:N Eacvndldo, CA 92026 NNINERA:Tu Bp11TI iNBumum clrtE '13264 NSImEO C1Bar Blue Eas=gy Corp. - NILIINHi a: L7150 Via Del Campo, Suite 203 San Diego, CA 52127 WINNER E: _ Ne1NRIsr: —.- CUVFRAGFS CFOTIPWATF NIIMRFR RFVINIr1N ILNIMRFIY THIS IS TO CERTIFY TENT THE POUrAM OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAAED ABOVE POR THE POLICY PERIOD INDCATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT PATH RESPECT TO WHICH THIS CERTIFDATE MAY DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERI.% E%CLUSIONSAND CONDITIONS OF SUCH POUCIES. UWTS SH CWN MAY HAVE BEEN REDUCED BY PAST CLAMS. NISR -- TYPIL 0FR¢ORANSE NWILILR mucOnwon au _. LUNIn EACLCCOJRRENCE I - - J ❑ -am _ EVIED WAIINTUPv_rr QAWSRK6E OCCUR A ELEi _� PADE%CARLEnwq -i _ PERSOrALsasw RalUll+ i _ __ LNNTpT.APPLIES PER �131K AGORETIATE 1 ^ONTLAfdAraGATC I PCLCY❑JECT OLW _ PEC000TS. CDYRCPV.aO_ 1 _ ._. ___ MITORO LIABILITY • i I ANY ALTO _. _ BDa1LV INJIA9V IIV•Pn?", 1 SCHEDULED ._ ANOeONLY _ AUTOS - SOOILY INnfIVlNrnsu.a} } TOSMY AUTOSONLY UMeNdH.A WB OCCUR EACH OCCURRENCE ! "01311 UA9 CLHI1.MAte _ TE AGGFIEGA___ r CFn !RETERTONE __. 1 XYNxIPSCCNPENSIININ - !AIDENNeY91YalANULrtY vim lA rI ___-- A !'Nr FRCF54ET ARTLEWEAECUTNE X 213377900d U/1R/2018 OJ211/2020 N1 EAC11AOCOEN_T j6FICIRWUOER EXCLUDED? NAA I R E.L DfiECg.EAEL416YcFf 151000, Dab �R• a ICE'aCRlF eF CP€RCTI(NSMM: at D6EASE-rYi1DY LIbT 116, 000,000 aU/yORPIeONCFOPERAlIONl1LOGDOIRT VEmIXEIL IACORO iH. A,IJRbvI R•R•,L. LJatluY-�•lu.M., W Nw,pt♦ NPrgaMl This Certiftale is to Sam as proof of Insrra^.ce for atvia nantis Insured. K"9'IiI2 VCV a:i.: a.IA: .FTHd3l �M1I!.^ SHOULD ANY OF THE ABOVE DESCRIBED P9UCE5 RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NONCE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISMS. Ae}NaIIN1nD IpNelILI1NTArne QD IVW2915 ACORD CORPORATION. All rights reserved. ACORD 26 (2016M3) The ACORD name and logo are registered marks of ACORD PTeJAa:-J u9 Fwms anss PWs sonwaro Wmv FmWe3 ,, mm PPPRPSNV PulsahIRO. LLC OW200-1077 WA BID BOND (Percentage) Bond No. 64961354 KNOW ALL PERSONS BY THESE PRESENTS, That we CLEAR BLUE ENERGY CORP of 17160 VIA DEL CAMPO STE 203 SAN DIEGO, CA 92127 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto CITY OF SANTA ANA Xtg hereinafter referred to as the Obligee, in the amount of Five Percent of the Amount Bid . (5% ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for RFP NO.: 19-068 EXTERIOR LIGHTING RETROFIT OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) NOW, THEREFORE, If the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or If Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 3RD day of FEBRUARY 1 2020 Form F9595-8Q001 Principal BLUE ENERGY CORP Surety WESTERN SURETY COMPANY _ BY: )j John Magnuson;Ato -, "act Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Wand, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint I John Maonuson of San Diego i State of California' , with limited authority, its true and lawful Attorney -In -Fact, will full power and authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One bond with bond number for Clear Blue Energy Corp as Principal In the penalty,amount not to exceed: $ 20 000 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duty adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President. Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -In -Fact or agents who shall have authority to issue bonds, policies, or undertakings In the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by Its Vice President with the corporate seal affixed this 3rd day of February , 2020 ATTEST WE T RN SU ETY COMPANY r {� BY A Vletor, Assistant Secretary Paul T. BnAlat, Vice President STATE OF SOUTH DAKOTA COUNTY OF MINN EHAHA J) as On this 3rd day of February 2020 , before me, a NotaryPublic;.persoryF-.• appealed Paul T. Bruflat and A. Vietor who, being by me duty sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +bbbbbhbbbbbbbbbbbbbbbbb4+ f J. MOHR '+ fOUTH PUBLIC �'� + S tYc`l SOUTH DAKOTA _ L - +*bbvbbbbbbb\\\444444444+My Commission Expires June 23, 2021 Notary Pubic To validate bond authenticity, go to www.onasurety.com > Owner/Obligee Services> Validate Bond Coverage. Form 672.1-2016 1 ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF San Diego 1 as F E B 0 3 2020 Emese J. Safhan - A Notary Public On before me, __.. . dote here insert name and title of the officer personally appeared John Magnuson name(s) of signer(a) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(e) is/awe subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/heW4ieie authorized capacity6es), and that by his/kerltheSv signature(s) on the instrument the person(a), or the entity upon behalf of which the person(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand(�a�nd'of5cut eal. Signature ___�i ' /�(JU/ O/i �/�i— (Seal) ► \. '.......... gaet.F (The balance of this page is intentionally left blank.) �1J AAkegd� ' A TACxINiENI 3 1{NAIT _ - ' - CII'RTa(FItrA�'I .:.: • ..', , NON•COLLUSION AFFIDAVff (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTM13NT 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, ftuther, 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 siguatm portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that maki4&a false certification may subject the certifier to criminal prosecution. State of California County of Sam 1) L& 40 Subscribed and sworn to (or affirmed) before me on dris li day of Feb , 20u. by pa�1 _SmAincl proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. HUNTERLANE Commission No. 2262213 NOTARY PUBLIC-CALIFORNIA SAN OIEGO COUNTY MY Comm. E,OnL OOTOBER 11, 2077 ' Notary Pub/lie Signature Notary Public Seal City of Santa Ana RFP Page A3-1 APpetdix iW ATTACHMENT 3-2: NON LOBSXiIYG CERTIFICATION CERTIFICATIONS 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 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, 8re 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. Clear Blue Signed and Printed Title CEO Date 2/4/2020 City of Santa Ana RFP Page A3-2 Paul Santina Appendix_ ATTACH.Ik)FENT 3-3 Nt-DISCRIIVIII�TATION CERTIFICATION ERTMCA'I'IONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to amployees 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 It 246 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 fire provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page AM by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: �� Paul Santina Title: CEO Firm; Clear Blue Energy Corp Date: 2/4/2020 City of Santa Ana RFP Page A34 EXHIBIT C CLEAR BLUE ENERGY CORP. FEE SCHEDULE PAGE LOF 1 PAGES TO (Owner): PROJECT: EXTERIOR LIGHTING RETROFIT OF THE SANTA ANA REGIONAL TRANSPORTATION CENTER CITY OF SANTA ANA RFP NO.19468 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 CLEAR BLUE % � ENERGY CORP General Contractor: Clear Blue Energy Corp. 17150 Via Del Campo, Suite 203 PROJECT NO 19-068 San Oiegc, CA 92127 CONTRACT DATE: 02/0412020 76W Mercury Vapor Decorative Ha Lantern 171 $ 60.705.00 400W Metal Halide Tower Floods 4 $ 2,736.00 13W CFL Wallpack 18 $ 1.962.00 400W HPS Pole Mourn 15 ft 52 $ 21.216.00 SOW HPS Wag ack 3 $ 405.00 13W CFI- Calling Mount Canopy 16 $ 1,472.00 175W Mercury Vapor Pole Mount 15 fl 10 $ 4 080.00 150W HPS Can Downlig hts 14 $ 2,002.00 26W CFL Wallpack 4 $ 436.00 41121 exterior troffer 31 $ 4,340.00 323 5 99,354.00 CONTRACTSUM Allowance ............................_..................... CONTRACT SUM Inside Wlreman Hourly Rate ...... Project Manager Hourly Rate .... Laborer Hourly Rate ................. 2nd Shift Inside Wireman Hourly 2nd Shift Laborer Hourly Rate ... $99,364.00 $0.00 $99,364.00 $115.73 $178.55 11"so $137.23 $96.57