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KX2 Holdings Building Technologies Group LP 1 •• i r 2 • CITY OF RANCHO PALOS VERDES DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 17th day of September, 2013, by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY") and KX2 Holdings Building Technologies Group, LP (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as the Citywide Street Light Audit. 1.2 Description of Services CONSULTANT shall prepare and deliver a comprehensive audit d report, as described in the CITY's Request For Proposals,which is attached hereto as Exhibit"A"and incorporated herein by this reference, and in CONSULTANT's Proposal,which is attached hereto as Exhibit"B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B," the terms of Exhibit"A" shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT an amount not to exceed seventy Page 1 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services • eight thousand four hundred ninety six dollars and no cents ($78,496.00) for services, as described in Article 1. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10)days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY, then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULTANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is within Exhibit"B." The Schedule of Hourly Rates in Exhibit"B"shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on September 18, 2013, and shall terminate on September 18, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification, Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, CONSULTANT shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and designated volunteers (collectively, "Indemnitees"),with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not Page 2 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars($1,000,000) per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of Page 3 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services performance of work or services on the CITY's behalf until three (3)years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3)years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance,with minimum of one million dollars($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and Page 4 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services t employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered"works made for hire,"and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. Page 5 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services • CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts Page 6 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 11200, et seq.). 6.3 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSU LTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.4 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that: a) CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve(12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the Page 7 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services 1 other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSU LTANT's direct employ, when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.8 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all Page 8 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers'compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise Page 9 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services f unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Steve Siverson, Vice President KX2 Holdings Building Technologies Group, LP 18022 Cowan Irvine, CA 92614 [Signatures on next page.] Page 10of11 R6876-0001\1625164v2.doc Agreement for Design Professional Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: -2.e/.3 KX2 HOLDINGS BUILDING TECHNOLOGIES GROUP, LP ("CONSULTA ") By: Printed Name: L' Lt�Y�/y' Title: 1�G�,� By: Printed Name: Title: Dated: /0/'5-4.--- CITY OF RANCHO PALOS VERDES ("CITY") By: C� mayor \. ATTEST: APPROVED AS TO FORM: BY: _ _.0119-U,AA City Clerk City Attorney Page 11 of 11 R6876-0001\1625164v2.doc Agreement for Design Professional Services , Exhibit "A": City's Request For Proposals Exhibit"A" R6876-0001\1625164v2.doc 1\.'i^Ci it` OS 4n CrrY OF RANCHO PALOS VERDES August 23, 2013 City of Rancho Palos Verdes Request for Proposal for Citywide Street Light Audit The City of Rancho Palos Verdes requests proposals from selected qualified firms to provide professional services for the Citywide Street Light Audit project. To be considered for this project, please submit your proposal to Nicole Jules, Senior Engineer, Department of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Phone number (310) 544-5252, via email at nicolej(a�rpv.com no later than 4:00 PM, on Monday, August 26, 2013. It is the City's desire to award a contract to begin the work at the September 3, 2013 City Council meeting. Funding for this work will be paid for from the City's landscape and lighting assessment district fund. The scope of work is defined below. SCOPE OF WORK TASK 1: Project Coordination Meeting/Base Data Review • Expectations of the project • Gather all available streetlight data, SCE invoice documents and SCE's electronic spread sheet listing of their existing streetlight inventory that serves as a basis for their invoices/billing • Applicable streetlight facility details, city codes and standards • GIS software and systems TASK 2: Survey Manual, Data Collection and Analysis Planning Prepare a survey manual that clearly shows how digital imaging technologies will be used for this project. Confirm the relevant and critical streetlight infrastructure attribute data, such as streetlight pole number and pole type, that will be tied to each facility collected. , . : ' City of Rancho Palos Verdes Request for Proposal Citywide Street Light Audit 8/23/2013 Page 2 of 5 For the agreed upon streetlight elements that are identified from the images (i.e. streetlight pole, power pole with streetlight, Pole number) a GIS location should be created seamlessly within the software. Additionally, when the streetlight element is located a record table is associated with each streetlight location that allows the City to populate the streetlight attribute database on the fly. All GIS and tabular data shown be compatible with ESRI and Microsoft products. TASK 3: Field Analysis and Data Collection Potential use of Mobile GPS vehicle taking to survey approximately 180 centerline miles within the city of Rancho Palos Verdes' network and 110 miles of collector/residential roadways The quality of the imagery and its GIS / record collecting capabilities within the software provided allows the technician to accurately identify the required infrastructure elements defined by the project. All collected image/GPS data will be post-processed based on City projection and coordinate systems. All GIS and record data associated with each element will be exported to the ESRI based software's that the City is currently using. Identify of all existing streetlight elements that need to be field checked. Street light pole numbers / locations that cannot be identified and/or measured, such as where they are obstructed by parked cars and/or by trees, etc., should be field verified using GPS by our staff to supplement the survey. Items to be collected should include: • Streetlight Pole type (wood, marbelite, etc.) • Streetlight pole number • GPS location of the streetlight pole TASK 4: Data Analysis and Comparison to SCE Invoices Compare the streetlight information against SCE's invoice data (for a 24-month period as provided by SCE/City) to look for discrepancies (including billing for lights that belong to adjacent cities, private homeowner associations, missing lights, potential double billing, etc.). All findings will be presented in a tabular form to assist the sharing of information with SCE. TASK 5: Progress Reports, QA/QC Reviews and City Coordination Submit a monthly status/progress report that describes the work effort performed. • City of Rancho Palos Verdes Request for Proposal Citywide Street Light Audit 8/23/2013 Page 3 of 5 TASK 6: Draft and Final Findings and Recommendation Report Submit a Findings and Recommendations Report in a format that demonstrates all streetlight inventory elements found in the survey process. The report will include a listing of all existing streetlight improvements sorted by location, street, pole type and pole number. The report will include: • Current streetlight inventory shown in tabular format • A summary of findings related to identified discrepancies compared to SCE streetlight location, pole number and count data • Detailed methodology describing all survey procedures, practices and schedules • GIS maps and drawing related to all inventory elements collected Once the City has reviewed the draft report, all associated comments/edits will be addressed and the final report will be generated. Deliverables: submit six copies (one original) of the Draft Report and maps, in binder form, to be reviewed by the City. Six (6) copies of the Final Report and maps will be delivered to the City once all comments and reviews are completed. Submit digital copies of the final report and maps in CD/DVD or flash drive format. Submittal of the GIS data and digital imagery will be in an electronic media format compatible with the City's computer system. TASK 7: Research Streetlight Age Research available plans, maps, and documents to determine the relative age of the SCE owned street lights. This data will be entered into the GIS database for use by the City. In the event documents are not available to demonstrate the relative age of an SCE owned streetlight, consultant will provide an estimated age based on reasonable assumptions, such as the date tract was constructed. FORM OF PROPOSAL The proposal shall include: 1. Qualifications and experience of the firm 2. Qualifications and experience of the key individual assigned to this contract. 3. Project Approach utilizing the outline of required work as listed above 4. Schedule of activities and deliverables 5. Proposed fee • , City of Rancho Palos Verdes Request for Proposal Citywide Street Light Audit 8/23/2013 Page 4 of 5 EVALUATION PROCESS Proposals received will be evaluated on the following criteria: 1. Experience of firm in performing this type of service. 2. Understanding of project as demonstrated by the thoroughness of the proposal, the introduction of innovative or cost-saving ideas and the approach to the study or design. 3. References from clients for whom similar work was performed. 4. Depth of staff available to perform services. 5. Project Schedule. All questions are to be submitted in writing to City of Rancho Palos Verdes Department. of Public Works, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, Attention: Nicole Jules. Questions may be submitted via fax to (310) 544-5292 or e-mail to nicolej@rpv.com . Please note that the responses to this request for proposal are subject to the following conditions: Insurance The City of Rancho Palos Verdes requires the selected firm to have a minimum of $1,000,000.00 of professional errors and omissions insurance and a minimum of $1,000,000.00 of automobile liability insurance prior to entering into an agreement with the City. Acceptance of Terms Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in the RFP unless otherwise expressly stated in the proposal. Right of Rejection by the City Not withstanding any other provisions of this RFP, the City reserves the right to reject any and all proposals and to waive any informality in a proposal. City of Rancho Palos Verdes Request for Proposal Citywide Street Light Audit 8/23/2013 Page 5 of 5 Financial Responsibility The proposer understands and agrees that the City shall have no financial responsibility for any costs incurred by the proposer in responding to this RFP. Award of Contract The selected firm shall be required to enter into a written contract with the City of Rancho Palos Verdes, in a form approved by the City Attorney, to perform the prescribed work. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the contract with the selected consultant. The contract will, in any event, include a maximum "fixed cost" to the City of Rancho Palos Verdes. Conferences During the Proposal Preparation Period As of the issuance date of this RFP and continuing until the time for submitting proposal has expired, the City will provide relevant information and access to City facilities and documents as necessary for all proposers to familiarize themselves with the requirements set forth in the RFP. Access to City facilities shall be during normal business hours and will require at least twenty-four (24) hours advance notice. Proposals must be submitted to Nicole Jules at nicolej@rpv.com by the deadline indicated in this RFP. Exhibit"B": Consultant's Proposal, including Schedule of Hourly Rates Exhibit"B" R6876-0001\1625164v2.doc THE CITY OF RANCHO PALOS VERDFS CITY OF RANCHO PALOS VERDES REQUEST FOR PROPOSAL Citywide Street Light Audit Attention: Nicole Jules, Senior Engineer, Dept. of Public Works Submitted 8/26/2013 3. CLIMATEC 18002 COWAN IRVINE, CA 92614 DIRECT (949) 306-9594 JJ 40 F �h ,„ , .... TENTS SECTION 1 : QUALIFICATIONS AND EXPERIENCE 2 SECTION 2: PROJECT TEAM 7 SECTION 3: PROJECT APPROACH 13 SECTION 4: SCHEULDE OF ACTIVITIES AND DELIVERABLES 15 SECTION 5: PROPOSED FEE 16 City of Rancho Palos Verdes �r included contents produced by Climatec and its project team Street Light RFP CI..IIVIA1"EC are agreed to be oorietar and confide itia'and w l not be p y 1 Page B Utl_O?3NG TECHNOLOG E.S GROUP shared wifn non-City personnel „, , SHCTION 1 : QUALIFICATIONS AND FXPFRIFNCE CLIMATEC DIFFERENCE Climatec has been implementing facility capital improvements and energy conservation measures (ECM's) for over 35 years. Climatec is the recognized leader in all aspects of energy system installations including, design/build, new construction, lighting, and energy retrofits. In addition, Climatec is the authorized distributor for 53 different HVAC manufactures including high efficiency chillers, variable frequency drives, and packaged A/C systems. Climatec's public agency energy savings/ facility improvement projects include: City of Fountain Valley 3, Cityof Escondido City of Laguna Beach 5 y 3 City of Indio 3 Poway Unified School District y T Climatec is fortunate to employ more performance contracting experts, based in the southwest, than any other ESCO. Our performance ft 2 F contracting team's experience includes over $200 Million of installed, financed, and guaranteed installations with guaranteed energy savings exceeding $250 million. zo Climatec has made significant investments to become the leading { performance contracting company in the Southwest USA. With more than 200 years combined experience, Climatec has assembled a team •1 )�S Y ' with the credentials and experience in: • ti xk eves Project Engineering C Design Build Solutions fi) 3 f YF r x Y 3Energy Engineering 5, Sustainable and Renewable energy solutions d< u „ s tµ..4, 3 Measurement and Verification � t yF fifi` l gt F PROJECT TEAM .Y 4 S `yfi 3 1,1 ) Y Our team has clearly defined roles, functions and responsibilities ranging from project director, account manager, project manager, to x v S Y L t 4 ' key team members. Climatec Building Technologies Group is well ) v °Yk positioned and confident in our ability to provide the City with a Sti � comprehensive state-of-the-art street light system improvement project. In addition to the Climatec team, to provide additional resources for • . street lighting project development, the following key subcontractors are s'g included: ', Clanton & Associates Willdan City of Rancho Palos Verdes *CUM/itigrEC All included contents produced by Climatec ar-d its ujec to Street Light RFP are agreed to be proprietary and confident a`and w`1 not ce 2 P a g e BUILDING TECt NOLOGIES GROUP shared iv.-,`n non-City pe-sonnel QUALIFICATIONS AND EXPERIENCE (CONT.) The Climatec team offers unique strengths and benefits that have been the foundation for successful projects: 31/4 Local Resources: 150 CA-based energy lighting service professionals 4, Team experience with similar cities 3 Vendor Neutral 3 Exemplary Savings Track Record 3, Responsiveness & Customer Service 3 Demonstrated flexibility in approach and methodology STREET LIGHTING KNOWLEDGE, SKILLS &ABILITIES Climatec along with key team members have designed, engineered, and delivered numerous street lighting projects for cities, communities, developments, states, universities and colleges by developing guidelines, masterplans, full designs and control strategies. They developed the street lighting criteria for numerous public sector entities & utilities including: 4 City of Santa Monica 5 City of Newport Beach 3, City of Anaheim 4, City of West Covina (including street light GIS/GPS) 3, City of San Jose 3 City of South Gate 3 City of Maywood 5 City of El Monte (including street light GIS/GPS) ' City of Anchorage ' City of Seattle ' Southern California Edison 3, San Diego Gas & Electric ', Los Angeles International Airport 3. 45 other municipalities & public agencies Our team's street lighting specific knowledge, skills and abilities includes the design, engineering & specifications for: 3 Replacement Master Plan 3 Equipment Inventory 5 Equipment Selection 4 Controls Design ' Procurement Support Energy Efficiency Upgrades Commissioning Support ', Series Circuit Conversion -k Long-Term Maintenance Agreements 5,, Additional Revenue Sources from the Systems City of Rancho Palos Verdes Ail incivaed contents produced by Climatec and its project team Street Light RFP CLIMATEC r :eed to be fps:, rieta and confidentio and wi l not be aeag p i, rY BUILDING TECHNOLOGIES GROUP shored wi*H non-City personnel 3 1Page SFCTION 2: PROJECT TFAM TCM TENNEY { PROJECT MANAGER CLIMATEC ENERGY SERVICES RESPONSIBILITIES As project manager, Mr. Tenney primary responsibility is the management of all construction on site. EXPERIENCE Mr. Tenney has over 20 years' experience in the, Energy Services and performance contracting business, and over 25 years' experience in the Lighting industry. Starting at Amtech lighting services in the 1987 were he did estimating lighting design and project management. Mr. Tenney has extensive training in lighting design and application and has attended the Philips lighting Application Center in Summerset NJ and the GE's Lighting Institute at Nela Park Ohio. ROLE WITH PROJECT The role of Mr. Tenny is the Project Manager. In addition to having a hand in project development, Tom will also be managing all aspects of the project from construction to close-out. Tom will be the primary contact for the customer throughout construction and project delivery, and will play an integral role in the overall management of the project. He will also manage all subcontractors an assist in the turnover from sales to operations for a seamless transition. City of Rancho Palos Verdes CUMATEC All included contents produced by Climatec and its project team Street Light RFP are agreed to be proprietary and confident o'and w;!1 not be BUILDING TECHNOLOGIES GROUP shared with non-City pe-sonnel 7 Page FRANK MANN ir ACCOUNT MANAGER CLIMATEC ENERGY SERVICES - ^ --,' . .1 • RESPONSIBILITIES In his current role at Climatec, Frank is one of the leaders of the California Energy Services team. For the last 17 years, Frank has . served as executive in charge of more than $75M in comprehensive energy conservation projects throughout the State. This has included energy savings performance contracts at higher education, K-12, municipal and water/wastewater facilities. Frank's background in capital planning, design, construction and operations for a major school district gives him unique insight into the client's perspective. EXPERIENCE Ed + • In California Municipal projects, he has acted as the primary liaison Cal State University with city officials including business officers and facilities and plant BIOLA University personnel. Frank specializes in assuring the needs and requirements Talbot Graduate School of the campus are met by the project development and implementation team at every stage of the project — from initial Accred itations/ Licenses concept through implementation and ongoing performance Licensed General monitoring. Contractor For ten years Frank owned and operated a commercial/residential construction company. He also has broad experience as an Account Manager for Progress Energy where he was responsible for the start- up and development of the performance contracting sales business group within CA municipal and educational markets. He also worked in Sales of performance contracts at Kinetics Energy Services and recently as President, XC Energy where he developed a successful build, own and operate biogas cogeneration program for California waste water treatment plants. ROLE WITH PROJECT Mr. Mann's primary role for the project is the project account manager. Frank will be the primary contact for City of Rancho Palos Verdes projects and will play an integral role in the project development. City of Rancho Palos Verdes CLIMATEC All included contents produced by Climatec and its projec•teorn Street Light RFP are agreed to be proprietary and cclnfident�a'and��- � 8 BUILDING TECHNOLOGIES GROUP shared with non-City pe-sonnet Page .' , . , , . , _ . GUSTAVO S EVI LLA z ,) PROJECT DEVELOPMENT SPECIALIST , . - CLIMATEC ENERGY SERVICES W 1 1 RESPONSIBILITIES As developer of the Project Development Group (PDG), Mr. Sevilla's primary responsibility is to manage and gather vital project information. His group assembles the energy conservation measures Tit' with budgets, energysavings, rebates and reports of the proposal. Project Development g savg ' p p p He is responsible for projects in the California public sector such as Specialist school districts and municipalities. Years' Experience EXPERIENCE 6 Mr. Sevilla has over 5 years' experience in the Energy Services and Education performance contracting business. Starting as a project engineer he Cal State University Northridge worked his way into the energy engineering division, he worked BS Computer Engineering primarily as a consultant for private commercial business serving as a 3rd party energy engineer for Honeywell and sub consultant with McKi nstry. ROLE WITH PROJECT Mr. Sevilla will consult with members of the team to help make decisions for the project regarding the procedure, scope, and budgeting selection. He will also assist in operations to ensure customer satisfaction and expectations. City of Rancho Palos Verdes a,,,. Aui included contents prodaced by Climatec and its projec*team Street Light R F P CLIMATEC a e agreed to be proprietary and cUnfident'a'and w!I not be 9 P P ry 9 1 Page BUILDING TECHNOLOGIES GROUP shared with non-City pe-sonnet ,. , _ , NANCY CLANTON r,rt F3 s PE, FIES , IALD , LC , LEED AP x 3 -Y ---. PRINCIPAL ENGINEER CLANTON & ASSOC Y S S 3 r RESPONSIBILITIES Ms. Clanton is founder and President of Clanton & Associates, a lighting design firm specializing in sustainable street lighting design and recognized as an industry leader in this field. Her firm's lighting design projects reflect her sustainable philosophy and ten of their President of projects have been named to the AIA Committee on the Clanton &Associates Environment Earth DayTopTen List. Twentytwo projects for which Clanton & Associates designed the lighting are LEED rated. Education BS Architectural Engineering, EXPERIENCE Illumination Emphasis University of Colorado Ms. Clanton obtained her Bachelor of Science degree (Architectural Engineering, Illumination Emphasis) from the University of Colorado, Boulder and is a registered Professional Engineer in the Accreditations/ Licenses states of Colorado and Oregon. She is member of various Professional Engineer (PE) committees including International Association of Lighting Designs 4 * ' 4 ` 00° .* ,i,XS (IALD), Fellow of Illuminating Engineers Society (FIES), chairperson - Fellow of Illuminating of IESNA Outdoor Environmental Lighting Committee and USGBC Engineers Society (HES) LEED Environmental Quality Technical Advisory Group. Nancy was 44404 Ai b# 0av ��s bK Yf4- lighting group leader for Greening of the White House, led the x° b8° a a E '� t.4 9t �t �� op b�o.�S A ,-,e,' >:4; �,:,s F7,. -:-.rA MerF aYs Fi a PiV* - Leadership in Energyand lighting workshops for the C40 conference in Seoul, and was p awarded the IESNA Presidential Award in 1990 and 2006. Environmental Design Accredited Professional LEED AP ROLE WITH PROJECT ik2, vii4 k "spF,4tr',vit. , a 8 r?s,�sx,A'7,; Y 4� oy .)Baa t �affi k ia� �, uL �Nt sYx� 0e„ n,Nf��lax � Ms. Clanton will serve as Climatec's street et lighting key consultant Y� s -44-;,-,...---. a5$4t ift ,d��r i 3tk: ,q�l� � ' xeesa 1qA �t�tin �”4 and principal design engineer for the project. She will assist with , AWii: $,01 s g *,,,,,"04-0-01,0 z v, ,,, ,,,m design and specifications for energy efficiency upgrades, equipment -, International Association selections, replacement masterpla n and the maintenance of Lighting Designs agreement. She will provide procurement and commissioning (IALD) support & develop the masterplan timeline. CUMATEC * City of Rancho Palos Verdes SII included contents prod:.sed by Climates and its prates=team Street Light RFP area eed to be ro rieta and confident a'and v�'ll not be 9 P � ry 0 Page BUILDING TECHNOLOGIES GROUP shared with non-City persornel , N, HERBERT L. GLUESING , J ,, ' ;,,,,,„,.. ,,,, ,.:,,,, , '., "!,), ‘ ,, PE , TE , PTOE ,. ,, , Aoe, goe,_, ',- DIRECTOR OF ENGINEERING WILLDAN k i RESPONSIBILITIES } Herbert L. Gluesing supervises 18 engineers and technicians providing traffic engineering and design and construction survey services throughout California. EXPERIENCE Mr. Gluesing has 44 years of experience in traffic and transportation i` engineering, including traffic circulation, impact and parking BS, Civil Engineering, studies, design and operations, municipal engineering, and CaliforniaState University, g p p g ° y, operational analyses. To date, Mr. Gluesing has supervised the Long Beach completion of more than 10,000 larger and smaller-scale projects. He has personally designed more than 1 ,000 new and modified traffic signal installations, as well as two traffic signal master Accreditations! Licenses computer systems, employing various interconnect and - Professional Engineer (PE) communication facilities. Mr. Gluesing has also supervised the Professional Traffic engineering design service for the cities of Santa Monica, Newport Beach, West Hollywood, and Alhambra. Operation Engineer - City Traffic Engineer ROLE WITH PROJECT - Civil Engineer, Herbert will provide high level engineering support for development California N©. 45729 & implementation of series circuit upgrades and design the p pg 9 - Civil Engineer, Nevada conversions from high voltage series lighting circuits to lower No. 10857 voltage multiple circuits. His role will involve assisting the transition from high energy consumption lighting to more efficient energy saving LED lighting and competitively procuring the field work associated with such upgrades. CILIMATEC City of Rancho Palos Verdes All included contents prod��ced by C imatec and its projecr team Street Light RFP a e a reed to be ro rieto and confident a'and 4�r'!I not be 9 P p rY 1 1 1 Page BUILDING TECHNOLOGIES GROUP shared w1rn non-City pe-sorrel VAN ESSA MuPoz PE, TE , PTOE R DEPUTY DIRECTOR OF ENGINEERING / SENIOR ` DESIGN MANAGER - WILLDAN RESPONSIBILITIES Ms. Vanessa Munoz is a Deputy Director of Engineering at Willdan with 14 years of experience in transportation planning and traffic engineering. Ms. Munoz is an accomplished engineer for multi- discipline and multi-agency traffic and transportation projects and has supervised the completion of more than 1 ,000 projects. She Deputy Director of Engineering understands the importance of meeting schedules and developing the most cost-efficient project in order to meet the City's budgetary Years' Experience constraints. She is responsible for analysis, coordination, and design 14 of various projects, including preparation of plans, specifications and estimates for traffic and street improvement projects. BS Civil Engineering, _;.. EXPERIENCE California Poi technic State Ms. Munoz brings 14 years of experience to the table as Project Engineer and Project Manager for various municipal projects. As - City Traffic Engineers Project Engineer, she provided engineering design, plans, and - American Public Works specifications for street light conversion and energy conservation Association projects for City of Monica, Newport Beach, and South Gate. She - Institute of Transportation was the Project Manager for the Anaheim Redevelopment Agency Engineers Street Lighting Project. Ms. Munoz is a certified Professional Traffic g Operation Engineer, California Traffic and Civil Engineer, and Recent Projects Doppler Traffic Operator. City of Santa Monica - City of Newport Beach ROLE WITH PROJECT - City of Anaheim - City of South Gate Ms. Munoz will design the series circuit upgrades and specifications - City of Maywood for vendor procurement. She may also assist with the design and specifications for the maintenance agreement. City of Rancho Palos Verdes *CUIVIATEC AH included contents produced by C!imatec orb its project team Street Light REP area reed to be proprietary and confidentia and w''I not be g pp " 12 � Page BUILDING TECHNOLOGIES GROUP shared with non-City pe-sonnet , , SECTION 3: PROJECT APPROACH TASK 1: Project Coordination Meeting / Base Data Review Climatec will schedule project coordination meetings based upon a weekly, biweekly, or as needed basis in agreement with the City. We will requested all data from the City regarding the street lighting system including copies of the last 12 months of street light utility bills and any track maps. We will capture from Southern California Edison all available information on the street lighting system including 36 months of utility data. TASK 2: Survey Manual, Data Collection and Analysis Planning Climatec will prepare a survey manual tar the project containing all necessary sections including an inventory database of system assets, photo inventory of each typically structure and luminaire, and provide "pdf" grid maps with street light locations. The inventory database to include: service account number, tariff rate, map grid number, structure number, type of pole, quantity of lamps on pole, energized date, lamp source, lamp wattage, initial lamp lumens, structure location description, NEMA decal, control type, fixture style, distribution feed type, circuit type. TASK 3: Field Analysis and Data Collection Climatec staff, intern, and sub-contractors will "GPS" locate and verify all database information. Following verification, Climatec and sub- contractors will field visit to verify any anomalies. The inventory database will then be updated. TASK 4: Data Analysis and Comparison to SCE Invoices L Climatec lighting and energy engineers will review and compare all inventory data to benchmarked norms. They will also compare it with SCE's data. This is an ongoing process throughout the project. SCE staff has proven to be a helpful and willing source of information on the existing street light systems attributes and a great partner during the field site walks. City of Rancho Palos Verdes uc "' '°' All�.ic uded contents produced by Cirhat L s,r.::its p c ep-tecr. Street Light RFP ��4111)1/4, are agreed to be proprietary and confidentialand will no � P P rY 3 Page BUILDING TECt�ifi�i�.it,(..)6 L S GFOL ' shared with non-City personnel PROJECT APPROACH (CONT.) TASK 5: Progress Reports, QA/QC Reviews and City Coordination Climatec's project manager provides weekly project meeting notes and provides weekly look-ahead emails to the City. The weekly project reports review what was accomplished and the weekly look-ahead appraise where and what will be accomplished in the upcoming week. Climatec will meet regularly with City to review all data and any draft reports. All City input is valued. TASK 6: Draft and Final Findings and Recommendation Report Climatec will produce a draft report of the street light system improvement project to include an executive summary, system description including existing conditions, recommended scope of work, inventory of equipment, street light utility billing information, GIS maps with street light locations, pricing summary, cash flow analysis, funding and financing options, along with a project schedule. After staff review and comment, Climatec will issue a final draft. TASK 7: Research Streetlight Age Climatec will review all data available to determine the approximate age of the structures. Complete data is not always available but between the tract maps the City maintains and the maintenance information from SCE in addition to field verification, approximate age of each structure is established. City of Rancho Palos Verdes -Ak CLIMA'IEC l3dE.c:)E£ t �iareicaugvdedd ctoobtps,oppp'oriceit'areyaanyd Lcoll ifid;iria t,r-w);rn-ot t'b„e r Street Light RFP `EC 1NoLOctES GROUP shared with non-City personnel 14 ! Page SFCTION 4: SCHEULDE OF ACTIVITIES AND DELIVERABLES Scope Task Task Sa Duration Deliverable P Project Coordination Meeting / Base Data 1 week Meeting Review 2 Survey Manual, Data Collection and Analysis 2 weeks Meeting Planning Field Analysis and Data Collection 1 week Site Survey Data Analysis and Comparison to SCE Invoices 1 week Report Progress Reports, QA/QC Reviews and City 1 week Meeting Coordination Draft Findings and Recommendation Report 1 week Draft Finding Final Findings and Recommendation Report 1 week Final Finding Concurrent 7 Research Streetlight Age with Tasks 3 & 4 ^ i >x, srS Fs>F�:�F vi a ;- x � s City of Rancho Palos Verdes All included contents produced by Climates and its projec*team Street Light RFP are ag,eed to be proprietary and cnfident:a and w:!I nog be 15 Page E3& iLoIN TECHNOLOGIES GROUP shared with ion-City pe-sonnel , SFCTION 5: PROPOSED FEE Thank you for an opportunity to submit our cost proposal for the City of Rancho Palos Verdes - Street Light System Improvement study. Climatec's fee for Tasks 1 -7 as listed in the RFP is S 78,496 Included in this scope of work is: 3 Project Coordination Meeting / Base Data Review Survey Manual, Data Collection and Analysis Planning Field Analysis and Data Collection including GPS/GIS Mapping 3 Data Analysis and Comparison to SCE Invoices Progress Reports, QA/QC Reviews and City Coordination ' Draft and Final Findings and Recommendation Report 3 Research Streetlight Age Not included in this scope of work is: 3 Street lighting Replacement Masterplan Street lighting Design and Specifications 3 Street lighting Controls Design 3 Demonstration Projects 3 Procurement Support 3 Commissioning Support ' Development of custom luminaires 3 Development of light art 3 Electrical engineering 3 LE E D documentation 3 Life cycle costs 3 Renderings 3 Structural engineering 3 As-built documentation 3 Mock-ups 3 Commissioning 3 Equipment procurement LAgain, thank you for consideration for the City's energy partner. We look forward to working with you and your team. City of Rancho Palos Verdes a)( All incl:�ded co-rterts produced by Climatec ar:d its pro;eCtte_ Street Light RFP CLIIIILA1EC are agreed to be proprietary and confidential and w'll not be y �Y� y 16 � Page BUILDING.TECHNOLOGIES GROUP shared.s;}n non-City pe-sonnet