Loading...
HomeMy WebLinkAbout20D - AA - INSTALL LED MAST ARM STREETLIGHTS 1% REQUEST FOR COUNCIL ACTION° CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 3, 2013 TITLE APPROVED AMEND AGREEMENT WITH SIERRA ? As Recommended PACIFIC ELECTRICAL CONTRACTING ? As Amended TO PROVIDE AND INSTALL LED MAST El Ordinance on Reading El Ordinance on 2 2 I ° Reading ARM STREETLIGHTS AND APPROVE ? Implementing Resolution AGREEMENT WITH SOUTHERN ? Set Public Hearing For CALIFORNIA EDIS(ffi TO PROVIDE NO-COST FUNDI CONTINUED TO FILE NUMBER AGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney: a) Amend the agreement with Sierra Pacific Electrical Contracting to increase compensation by $15,000 to provide and install an additional 22 Mast Arm LED streetlights, for a total amount not to exceed $715,000. b) Execute an agreement with Southern California Edison to provide no-cost funding through On- Bill Financing for 61 Mast Arm LED streetlights. 2. Approve an appropriation adjustment recognizing an additional $38,000 in funding from Southern California Edison into the Energy Conservation revenue account and appropriating the same amount to the Energy Conservation expenditure account for the installation of Mast Arm LED streetlights. DISCUSSION The recommended action will allow the City to install 61 energy efficient Mast Arm light-emitting diode (LED) streetlights which will improve roadway illumination levels and reduce energy consumption. While 39 street lights had already been scheduled, these will now be financed along with an additional 22 street lights installed and financed thru Southern California Edison (SCE) On- Bill Financing (OBF) Program. In January 2013, the City Council awarded a contract to Sierra Pacific Electrical Contracting to install 1,123 energy-efficient Mast Arm LED streetlights at 298 signalized intersections. A portion of the funding came from energy efficiency incentives and the balance is financed from the OBF Program which funds certain preapproved energy-reduction projects at zero-percent-interest and which is repaid using energy bill savings over a five-year payback period. 20D-1 Agreements with Sierra Pacific Electrical and SCE to Provide, Install, and Fund LED Mast Arm Streetlights September 3, 2013 Page 2 Twelve of the original installation locations involving 39 street lights did not meet SCE funding criteria. However, staff subsequently negotiated with SCE to obtain approval of those 39 streetlights and identified 22 additional streetlights at 6 more sites. The installation agreement with Sierra Pacific Contracting requires an increase of $15,000 to cover the amended contract cost. SCE will fund the installation of the 61 streetlights through an additional $7,409 in incentives, and $29,680 in OBF, for a total of $37,089. Payback for the financed portion of this project is estimated to be about five years. ENVIRONMENTAL IMPACT Installation of the additional 22 LED streetlights will save an estimated 20,000 kWh annually. This savings translates to a reduction of the city's carbon footprint by approximately 14.1 metric tons of CO2, which is the equivalent of removing 2.9 passenger vehicles from the road. FISCAL IMPACT Loan proceeds received through the SCE On-Bill Financing Program will be deposited in the Energy Conservation revenue account (No. 16217002-57384) and appropriated into the Energy Conservation expenditure account (No. 16217630-62300). Loan repayments are available in Account No. 01117630-62000. APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Galva Francisco Gutierrez Interim Executive Di ctor Executive Director Public Works Agency Finance & Management Services Agency EWG/KW Exhibits: 1. Amendment to agreement with Sierra Pacific Electrical Contracting 2. On-Bill Financing Agreement with Southern California Edison 3. Streetlight Location Summary 4. Photo - Typical Mast Arm Streetlight 20D-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 3, 2013, by and between Sierra Pacific Electrical Contracting, a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2013-015, dated January 22, 2013, (hereinafter "said Agreement") by which Contractor has provided material, supplies, labor and equipment necessary to remove and replace LED streetlights. B. Additional funding has been awarded to allow the City to expand its LED streetlight replacement program. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include additional sites at which the current streetlights will be replaced with LED streetlights and to increase compensation to pay for the additional material, supplies, labor and equipment required to complete the work. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: I. Section I, SCOPE OF SERVICES, shall be amended to provide that Contractor shall perform all services necessary to remove and dispose of existing streetlights, and furnish, install and test new LED luminaries, in the light fixtures listed in the matrixes titled "Lights Originally to be City Funded"; "Additional Lights"; and "Lights in Original OBF Funding", attached hereto as Exhibit A-l, and incorporated by this reference. All such services shall be provided in compliance with the Scope of Services attached to said Agreement as Exhibit A. 2. Section Il.a., COMPENSATION, shall be amended to increase compensation by $15,000, to pay for the removal and disposal of existing and the furnishing, installation and testing of the 22 Additional Lights, as set forth in Exhibit A-l, attached hereto and incorporated by this reference. The total amount to be expended for all services provided pursuant to said Agreement shall not exceed $715,000.00 during the tern of said Agreement. 3. In conformance with Section 111, TERM, Contractor shall furnish and install all lights within 140 days of the Notice to Proceed issued by the City. The terms and conditions of this Agreement shall remain in full force and effect through June 30, 2014, unless terminated earlier in accordance with Section XII of said Agreement. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 20D-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR KEVIN O'ROURKE Clerk of the Council Interim City Manager APPROVED AS TO FORM: SIERRA PACIFIC SONIA R. CARVALHO ELECTRICAL CONTRACTING City Attorney By: Laura Sheedy (NAME) Assistant City Attorney (Title) RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director- PWA 20D-4 EXHIBIT A-I 20D-5 Exhibit A-1 09 03 13 RFCA Modify Agreement with Sierra Pacific for LED Street Lights Streetlight Location Summary Address Quantity Alton/ Fairview 4 Bristol/ Memory Ln 4 Dyer/ Grand 4 Dyer/ Npt Fray Nth Bnd 3 Main Street @ Sunflower Avenue 4 Lyon Street @ St. Andrew Place 4 Grand Avenue @ SR-55, S/B, Off-Ramp 3 Main Street @ Borchard Avenue 2 Home Depot @ MacArthur Boulevard 3 Dyer @ Bike Trail (E. of Flower) 2 Flower @ Bike Trail (S. of Dyer) 2 Newhope Street @ Hazard Ave q .rr rt a i)t4' ( Pullman Street @ Warner Avenue 4 Alona Street @ 17th Street 3 Main Street @ Columbine Avenue 4 Boyd Way (Parking Struct) @ Civic Center Drive 3 Baker Street @ Edinger 4 Bristol Street @ Willits Street/Bishop Street q 20D-6 Exhibit A CITY OF SANTA ANA LED COBRAHEAD STREETLIGHTS SCOPE OF SERVICES SPECIAL PROVISIONS The Request for Proposals calls for removal and disposal of existing luminaires; furnishing and installing new LED street lights and all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ("WATCH"), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaires. All salvaged luminaires shall be delivered to the City Corporate Yard at no cost to the City. Contractor shall install luminaries in conformance with Attachment 1, Leotek Proposed Products. 1. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director or his authorized representative shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the final payment due to Contractor, or if the amount is insufficient to cover payment, Contractor shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR 1. Local Office Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 2. Submittals Contractor shall submit to the Director for his approval, prior to commencement 20D-7 of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-27, a City of Santa Ana Business License, and a C-10 Electrical License. 5. Work Force a. Contractor shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. Contractor shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed in Contractor's proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and/or legal residents. d. Contractor shall perform the work required pursuant to this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material Contractor shall submit to the Director, a list of all materials that the Contractor proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal State County and local agency laws, guidelines and requirements. 7. Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all non-recyclable waste in accordance with all applicable local, State 20D-8 and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean-Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service Contractor shall be able to receive and respond to the City's call for emergency service twenty-four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty-four (24) hours per day, seven (7) days per week. 20D-9 20D-10 On-Bill Financing Agreement This On-Bill Financing Agreement ("OBF Agreement") is entered into on 20_, (the "Effective Date") by and between the undersigned customer ("Customer") and Southern California Edison Company ("SCE") (each a "Party," collectively the "Parties"). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about , 20 and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement"), which is/are attached hereto and incorporated herein by reference. 2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and maintains a service account(s) with SCE for electric service. Customer has completed installation of eligible energy efficient equipment ("Equipment") at the Site as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 09-09-047, the California Public Utilities Commission authorized SCE to provide zero-percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill(s) ("On-Bill Financing"). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On-Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms", below) through the Customer's SCE utility bill(s) pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third-party payee designated by Customer under the Loan Terms, below. Customer's designation of a third-party payee may not be changed or revoked. Loan Terms: Amount Financed ("Amount $ .00 Financed" Interest Rate: 0% Fees: 0 Months to Pay: First Month Payment Remaining Monthly Payments: $ Service Account to be Billed: Designated Third-Party Payee (if an : Address of Designated Third- Party If more than one Service Account will be billed, information regarding the Service Account number and monthly payment is included in Schedule A attached. Form 14-792 Exhibit Z 1 05/2012 20D-11 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above and/or Schedule A (Customer's "Loan Obligation"). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE/OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s). Customer may pay the Loan Obligation in the monthly installments or pre-pay the Loan Obligation in one lump sum without penalty, but pre-payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill(s). Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF Agreement will be treated as a default under the Customer's Service Account(s). Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(s), or (4) otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. Following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC-1 ('Financing Statement") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Form 14-792 2 05/2012 20D-12 Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer's attorney-in-fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure § 1132 at. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys' fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue in effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in this OBF Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. [Remainder of page intentionally left blank] Form 14-792 3 0512012 20D-13 IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Southern California Edison Company: Authorized Representative: Authorized Representative: Title: Title: Signature: Signature: Date: Date: Business Address: Business Address: Telephone No. Telephone No. Fax No. Fax No. E-Mail Address: E-Mail Address: Form 14-792 4 05/2012 20D-14 SCHEDULE A Customer Name: OBF Loan Number: Site Service OBF Billing 1' Monthly Remaining Monthly Account Repayment OBF Loan OBF Loan Payments Number Service Account Payment Number X-XXX- X-XXX-XXXX-XX $XX.XX $XXX.XX per month for X months XXXX-XX Total Monthly Repayment $XX.XX $XXX.XX per month for X months Form 14-792 5 05/2012 20D-15 20D-16 Streetlight Location Summary FNENAddreSSNNWQuant1tv Alton/ Fairview 4 Bristol/ Memory Ln 4 Dyer/ Grand 4 Dyer/ Npt Frwy Nth Bnd 3 Main Street @ Sunflower Avenue 4 Lyon Street @ St. Andrew Place 4 Grand Avenue @ SR-55, S/B, Off-Ramp 3 Main Street @ Borchard Avenue 2 Home Depot @ MacArthur Boulevard 3 Dyer @ Bike Trail (E. of Flower) 2 Flower @ Bike Trail (S. of Dyer) 2 Newhope Street @ Hazard Ave 4 Mt,t ,e` „eh . WIFE= Pullman Street @ Warner Avenue 4 Alona Street @ 17th Street 3 Main Street @ Columbine Avenue 4 Boyd Way (Parking Struct) @ Civic Center Drive 3 Baker Street @ Edinger 4 Bristol Street @ Willits Street/Bishop Street 4 EXHIBIT 3 Amend Agreement with Sierra Pacific for LED Streetlights 20D-17 20D-18 Sierra Pacific Agreement Typical Mast Arm Streetlight Exhibit 4 20D-19 II 20D-20