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CC SR 20180417 05 - Siemens Streetlight AgreementRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/17/2018 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to award a Professional Services Agreement to Siemens Industry, Inc., to provide Professional Streetlight Program Services for the City of Rancho Palos Verdes Streetlight Program. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Siemens Industry, Inc. (Siemens) for an amount not to exceed $577,120.91, and a 10% contingency of $62,879.09 for a total of $640,000. FISCAL IMPACT: The City Council approved a budget of $800,000 for this project on August 15, 2017. Amount Budgeted: $800,000 Additional Appropriation: N/A Account Number(s): 211-400-8821-8099 ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Professional Services Agreement with Siemens (page A-1) B. Siemens proposal (page B-1) EXECUTIVE SUMMARY: The City of Rancho Palos Verdes has a unique opportunity to purchase eligible streetlights from Southern California Edison (SCE). In recent years, SCE altered its long-standing corporate policy and established a mechanism that allowed local governments the opportunity to purchase SCE-owned streetlights within their jurisdictions. SCE currently owns approximately 2,304 outdated High-Pressure Sodium Vapor (HPSV) streetlights throughout the City, of which 1,799 (78%) are available for purchase. Obtaining ownership of these streetlights allows the City to convert the lamps to energy-efficient Light-Emitting Diodes (LED), resulting in substantial savings in operations and energy costs. City ownership also yields greater responsiveness and timely maintenance, and allows for the use of technological advancements including placement of automated license plate recognition (ALPR) cameras and/or wireless telecommunications facilities. 1 Siemens’ scope of work includes presenting financing options to the City for the streetlight purchase, auditing the streetlight inventory, providing oversight during the acquisition process, conducting streetlight conversion, and assuming maintenance and operation of the City streetlights for three years. BACKGROUND AND DISCUSSION: In September 2014, the City and SCE began discussions about the possibility of the City acquiring SCE-owned streetlights. In May 2015, the City initiated the process of acquiring SCE-owned lights by completing a preliminary audit of the City’s streetlight inventory. The audit, prepared by Climatec, was a study that identified all streetlights in the City, accounted for correct billing and created a database and layer for the City’s GIS system. The audit concluded that of the 2,304 streetlights in the City, 2,254 lights are owned and maintained by SCE, and the remaining 50 are owned by the City. The audit also determined that the City was erroneously paying for 49 lights that either did not exist or were outside of the City’s limits. When corrected, this resulted in an immediate one-time credit to the City in the amount of $44,667.64 and a reduction in monthly billing of approximately $587 or an annual savings of about $7,043. The City currently pays approximately $338,000 annually for the operation and maintenance of all streetlights within the City. Following the City Council’s approval to explore a streetlight purchase program, Staff submitted the required $10,000 payment to SCE in July 2015 to conduct a valuation study and determine the cost of purchasing all eligible streetlights. In September 2016, SCE completed its valuation report and presented the findings to Staff on October 19, 2016. The valuation report concluded that of the 2,304 streetlights in the City, 1,799 are sellable at a not-to-exceed price of $663,348 or $368 per pole. The remaining 505 lights consist of cobra-head luminaires with mast arms attached to the communication utility poles that carry other utilities and cannot be purchased at this time. During the August 15, 2017, City Council meeting, the City Council authorized the Mayor and City Clerk to execute the Purchase and Sale Agreement with SCE for the acquisition of the 1,799 LS-1 streetlights. The City Council further authorized Staff to develop an RFP to solicit proposals from qualified consultants to perform a “turn-key” program for financing, converting and maintaining the City’s streetlights. On September 11, 2017, the City issued the Request for Proposals (RFP) for qualified firms to provide services including but not limited to: professional oversight throughout the acquisition process from SCE, conversion of the existing HPSV lights to LEDs, and assume maintenance and operation of the City streetlights. In addition, prior to purchase of the streetlights, the successful firm was directed to develop and present financing options to the City for the capital purchases and the streetlight conversions. On September 26, 2017, a mandatory “pre-proposal” meeting was conducted at City Hall. During this meeting, questions were answered and the RFP was defined and clarified. Since the pre-proposal meeting was mandatory, firms that did not attend would be deemed “unresponsive” and their proposals would not be accepted. This was 2 done to ensure all firms have the same information and Staff has a complete list of interested parties to whom any addenda would be sent, if necessary. On October 17, 2017, the City received proposals from two firms: Siemens Industry, Inc. (Siemens) and Tanko Lighting (Tanko), both of who attended the mandatory pre-proposal meeting. A panel of three professionals reviewed and ranked the proposals. Both proposals were found to be acceptable. Since there were only two proposals, and the services requested are very specialized and complex, it was decided that interviews with each proposing firm would be conducted for final rankings. On December 8, 2017, a 5-member panel conducted interviews of Siemens and Tanko. Both companies were provided the opportunity to complete a 15- to 20-minute presentation followed by questions from the panel members. Each panel member completed ratings of each company. After the interviews, the panelists discussed each company’s performance and background prior to their final determination. Each panelist then completed rating sheets and the rating sheets were compiled on a spreadsheet for final ranking of the firms. Based upon their scores, Siemens was ranked number one. In compliance with the California Contract Code Quality Based Selection Procedure (QBS), Staff began negotiations with Siemens. Representatives of Siemens negotiated the City Agreement terminology with the City Attorney. The approved Agreement, including the cost for each phase of work, is included for City Council consideration (Attachment A). Siemens’ proposal is also provided (Attachment B). Description of Five Phases of the Agreement The Agreement is segmented into five phases to provide the City with flexibility to end the Agreement after each phase, without the burden of the cost for the entire Agreement if the City Council finds the program to not be financially viable. Initial estimates indicate that the acquisition and conversion will save an estimated $138,242 per year in operations and energy costs. These savings could be used to fund the acquisition, financing and maintenance of the City’s streetlight system. The Agreement will provide a more accurate savings evaluation and various financing options for the City Council’s consideration prior to the purchase and conversion of the streetlights. • Phase I: Identify and present viable financial options/plans for proceeding with the purchase, and LED conversion of the City streetlights. This includes completing an up-to-date and accurate audit of all streetlights being purchased, and a detailed analysis of the cost savings due to purchase and conversion to LEDs. Cost: $48,637.44 • Phase II: Support and guide the City through the purchasing process including negotiations with SCE, identifying and obtaining all available rebates. Cost: $12,419.77 • Phase III: Recommend materials for LED conversions, purchase materials for LED Conversions, and complete all of the conversions of the existing HPSV streetlights to LED streetlights Cost: $438,138.34 3 • Phase IV: Assume the Maintenance and Operations of the City Streetlight System for three years. Cost: $47,925.36 ($0.74/streetlight/month) • Phase V: Complete emergency, weekend, and after-hour work at rates as indicated in the Professional Services Agreement. Cost: $30,000 Analysis of Estimated Savings Streetlight Tariff There are two rates that SCE charges the City for streetlights, the LS-1 monthly tariff rate ($11.28) for streetlights owned by SCE and a LS-2 monthly tariff rate ($5.18) for streetlights owned by the City. The LS-1 rate pays for the energy to power to the lights and the operations and maintenance costs (facilities cost) for the poles themselves. By owning the streetlights, there is an immediate savings to the facilities cost, however, the cost of the energy remains the same. Difference in Tariffs (LS-1 vs. LS-2 Monthly Cost Comparison) Streetlight Acquisition As the City moves forward on the streetlight acquisition, a one-time estimated payment to SCE in the amount of $663,348 will be required to purchase 1,799 streetlights. By purchasing the streetlights, the City will no longer be billed at the LS-1 rate; however, the City will continue to pay the energy costs and the cost of distribution, transmission and usage fees for the poles. When considering savings from SCE’s service fees and the impact of the City’s future maintenance cost, the total annual savings from the tariff rate alone for purchasing 1,799 poles would be approximately $131,686 per year. Total $11.28 Total $5.18 Energy $2.89 Facilities $8.39 Energy $2.89 Facilities $2.29 LS-1 Rate LS-2 Rate 4 Streetlight Conversion to Light-Emitting Diodes (LEDs) By converting the streetlights to LED, there will be a cost associated with upgrading the lighting fixtures. Siemens proposed cost for converting the existing HPSV fixtures to LED is $243.55 per streetlight, which totals $438,138.34 for 1,799 lighting fixtures. However converting the streetlights to LED will result in additional energy savings. The LED energy-efficient lighting is estimated to provide additional potential savings of up to $3,630 per month or $43,560 per year. The City intends to hire another firm to oversee/inspect this conversion operation. Streetlight System Maintenance Ownership of streetlights provides the City with greater control over operations and maintenance costs, and enhanced customer service. The Agreement provides for the required maintenance and operations services, including emergency weekend, holidays, and after-hours work. These costs include administration of the streetlight program and the cost of a contract maintenance crew. The total proposed cost for system maintenance is $0.74/pole/month, totaling $15,975.12 per year. Potential Funding Options: Although Staff is not requesting a funding decision at this point, there are a variety of funding options available to the City should the City Council choose to acquire the SCE streetlights. This decision would be made after the California Public Utilities Commission (PUC) approves the purchase. At present, Staff has not been notified of the tentative PUC hearing date. However, Siemens will provide funding options as part of their contract responsibilities. Additional Areas of Consideration: Additional opportunities for consideration become available to the City once the streetlight infrastructure is owned by the City. They include: • ALPR Cameras – The City’s ownership of the streetlights results in greater opportunities for placement of ALPR cameras at the City’s borders and in other areas recommended by the Lomita Sheriff’s Station. • Smart Pole Technology – Utilizing fiber-optic technology, the City’s streetlights could be used to improve communications by use of cameras, mobile cellular service, Wi-Fi, lighting controls, temperature and/or air quality sensors. This could be a revenue-generating source if the City chooses to convert some of its streetlights to smart poles. • Wireless Telecommunications – The City is currently reviewing 26 applications from Crown Castle for new AT&T cellular facilities proposed on streetlights throughout the City, and an additional 12 applications for new Verizon Wireless 5 facilities. The City could leverage its ownership of the streetlights as an incentive for aesthetically-acceptable designs. CONCLUSION: The City has followed the requirements of the California Government Code for Professional Services through the Quality Based Selection Process. The RFP was issued for approximately one month, providing ample time to receive acceptable proposals. The City also conducted outreach communications to ensure the qualified consultants were aware of the RFP. Two proposals were received from highly-qualified firms that have been completing similar service, both locally and throughout the nation. A diverse 3-member panel reviewed the proposals, and a diverse 5-member panel subsequently interviewed both firms. Staff then negotiated terms with Siemens, the top ranked firm. Siemens and City Attorney negotiated the final Agreement. Lastly, Siemens’ references were checked and they are in compliance with SB 584, as was required in the RFP. ALTERNATIVES: In addition to the Staff recommendation(s), the following alternative action(s) is/are available for the City Council’s consideration: 1. Elect not to move forward with the Contract Services Agreement and forego participation in the SCE Streetlight Purchase Program. Choosing this alternative would result in the City not obtaining ownership of the eligible streetlights and not realizing the benefits of reduced utility rates or energy savings from converting to future LED technology. 2. Do not award the Professional Services Agreement to Siemens, the top ranked firm, and begin negotiations with the second ranked firm, Tanko. This would delay the completion of the Streetlight Facilities Audit, which is needed in the final analysis for the streetlight purchase from SCE. 3. Provide Staff with further direction. 6 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and SIEMENS INDUSTRY, INC. 01203.0006/446622.11 1 A-1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND SIEMENS INDUSTRY, INC. THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of February, 2018 by and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and SIEMENS INDUSTRY, Inc., a Delaware corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes’ Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those 01203.0006/446622.11 2 A-2 standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 01203.0006/446622.11 3 A-3 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Seventy Seven Thousand One Hundred and Twenty Dollars and Ninety-One Cents ($577,120.91) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 01203.0006/446622.11 4 A-4 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01203.0006/446622.11 5 A-5 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principal of Consultant (“Principal”) is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01203.0006/446622.11 6 A-6 Alex Valenti Account Manager (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Elias Sassoon or his/her designee, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing 01203.0006/446622.11 7 A-7 their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. ’ Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: a. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $3,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. b. Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). c. Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this 01203.0006/446622.11 8 A-8 Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. d. Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. e. Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: i. A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; iv. Policies shall “follow form” to the underlying primary policies; and v. Insureds under primary policies shall also be insureds under the umbrella or excess policies. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. g. Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. a. Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 01203.0006/446622.11 9 A-9 b. Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. c. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. d. City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. e. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. f. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. g. Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. h. Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 01203.0006/446622.11 10 A-10 by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. i. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. j. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. k. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. l. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. n. City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. o. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. p. Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 01203.0006/446622.11 11 A-11 q. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The 01203.0006/446622.11 12 A-12 indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the 01203.0006/446622.11 13 A-13 estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. a. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. b. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. c. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. d. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work 01203.0006/446622.11 14 A-14 performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 01203.0006/446622.11 15 A-15 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days ’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to 01203.0006/446622.11 16 A-16 this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, 01203.0006/446622.11 17 A-17 partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 01203.0006/446622.11 18 A-18 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 01203.0006/446622.11 19 A-19 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/446622.11 20 A-20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Susan Brooks, Mayor ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CONSULTANT: SIEMENS INDUSTRY, INC. By: Name: Title: By: Name: Title: Address: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 01203.0006/446622.11 21 A-21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. 01203.0006/446622.11 22 A-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. 01203.0006/446622.11 23 A-23 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services relating to the purchase of SCE’s light poles, conversion to LED lights, and maintenance and operation of streetlights during and following purchase and conversion. The purchase and conversion to LED are one-time Services. The maintenance and operation of the streetlights are continuing Services over the life of the Agreement. Consultant’s Warranty: Consultant warrants that: (i) it will perform the services in a professional and workmanlike manner; and (ii) the labor and materials provided by Consultant are free from defects in material and workmanship for a period of 12 months from initial installation/delivery by Consultant. Additionally, Consultant will assign to the City any manufacturers’ warranties associated with any materials. During the term of Consultant’s 3-year maintenance period, Consultant will provide material warranty claim administration services on behalf of the City related to those materials covered by a manufacturer’s warranty. PURCHASE OF STREETLIGHTS FROM SCE AND CONVERSION TO LED A. Phase I: Streetlight Audit and Financial Feasibility Analysis 1. Consultant will provide financial analysis of the streetlight asset purchase and conversion to LED technology. Consultant will coordinate with City staff and SCE to understand the system valuation of the streetlight assets and obtain all necessary billing information to use in financial models. 2. Consultant will perform a system wide inspection and collect attribute data for the streetlight assets located in the public right-of-ways or easement within the City boundary. The data collected will then allow for an accurate feasibility study to be performed and allow for billing adjustments to be made. a. Data collection and delivery to follow these general steps: i. City will provide Consultant with the City’s current inventory of streetlights. ii Consultant will confirm and update inventory and collect attributes as listed in A.1.d below. iii Consultant will deliver the updated data back to the City in a format able to be imported back into the City’s Geographic Information System (GIS). 01203.0006/446622.11 A-1 A-24 b. GIS System details: Current GIS System: Esri ArcGIS 10.5.1 for Server and ArcGIS 10.5.1 for Desktop Standard c. GIS Coordinate System: Projection: California State Plane Coordinate System Zone 5 Units: U.S. Survey Feet Horizontal Datum: North American Datum of 1983 (NAD83); Epoch: 2007.00 Vertical Datum: North American Vertical Datum of 1988 (NAVD88) d. Streetlight Inspection Description: Contractor will update the City geodatabase containing existing inventory of streetlights. The geodatabase will cross reference various data based on SCE structure number. The following attributes will be confirmed, captured and updated for each streetlight: • GPS Longitude & Latitude coordinates • Location Description • Inspection Date • Pole Type • Pole Condition (Good, Fair, Poor) • Pole Height • Lamp Type • Lamp Size • Wattage • Power Feed • Additional Facility 1 • Additional Facility 2 • Wireless Antennae • Existing Rated Lumens • Service Account • Rate Code • MULT/SER • Structure Number • Energize Date • Comments • Other Attributes As Needed e. Guidelines for data delivery: 01203.0006/446622.11 A-2 A-25 i. At approximately 5% completion (or an amount deemed appropriate by the Contract Managers), Consultant will deliver the City GIS department a sample set of data for verification. City GIS will import data into GIS and verify for accuracy and communicate any potential changes to the Consultant. ii. At final delivery, Consultant will deliver the updated GIS files, shapefiles and/or .csv, back to City GIS to be uploaded into the City’s GIS system. Public Works and GIS staff will verify data for accuracy, any deficiencies will be noted and returned to Consultant for corrections. Consultant will notify the City of any issues that are found during inspection, which require attention by the City, including tree limb interference or recommended clearing. Consultant to provide photo documentation of damaged materials as observed. Consultant will work with City to identify any areas that need special attention or clarification. In addition, Consultant will provide City and SCE list of streetlight facilities that are identified as in need of repair prior to the City purchasing assets. Consultant will conduct a detailed investigation of billing records, maps, and City records to finalize the list of streetlights for replacement and communicate with the City Consultant’s findings and discuss any areas of concern to the City. 3. Consultant will perform various financial models addressing the multiple factors affecting a streetlight program, which may include any or all of the following, as appropriate: • Project costs- both SCE acquisition and LED conversion costs. • Energy cost savings of different system designs and LED materials selection. Consultant will evaluate three material options for the City to consider. • Photometric evaluation of different system designs based on typical roadway configuration identified during the system wide inspection. A representative typical configuration from each roadway type (arterial, collector, and residential) will be examined. Consultant will perform photometric analysis to verify that the specified fixtures will meet or exceed the existing lighting levels. • Maintenance costs- evaluate possible maintenance scenarios. • Finance costs- evaluate loan options from Consultant financial, California Energy Commission and others. • Finance period- evaluate and optimize depending on loan structure. 01203.0006/446622.11 A-3 A-26 • Life cycle cost- include detailed annual and 15 year energy cost, greenhouse gas emissions reduction, and maintenance cost savings models accurately presenting results and cost-effectiveness of project options • Consultant staff will present a summary of findings and coordinate with City staff on finalizing a viable financial plan. B. Phase II: SCE Asset Acquisition Facilitation 1. Cutover Process After the streetlight acquisition has been approved by the CPUC and the City has agreed to purchase these assets, Consultant will coordinate with the City and SCE on the transfer of ownership or “cutover” of the assets to City ownership. The exact schedule of this cutover will depend on the final terms decided between SCE and the City. The cutover process will likely proceed as follows, as it has for other jurisdictions, and Consultant will manage the process as needed: • City agrees to terms and conditions of sale of assets by SCE • SCE submits section 851 advice letter filing to CPUC (should asset valuation be less than $5 million) • SCE receives CPUC approval for sale of assets • SCE initiates final inventory assessment of City assets by SCE contractor • SCE contractor provides SCE and City with final verified sellable inventory • SCE produces Bill of Sale for assets • City pays invoice and once processed, assumes ownership of assets • Consultant begins maintenance of streetlight system The estimated timeframe for the cutover period is based on SCE and SCE contractor’s participation, anticipated at 1-2 months from the beginning of the final inventory assessment, or “fielding” as SCE refers to it. C. Phase III: LED Installation 1. Replacement Plan • Consultant will develop a replacement plan for LED streetlights. The plan will list each existing luminaire type, associated SCE badge number, Facility ID, GIS location, pole height, roadway type, existing wattage, voltage, replacement luminaire model, replacement PE cell model, and 01203.0006/446622.11 A-4 A-27 replacement wattage. Consultant will provide this information in a format acceptable to the City. • Consultant will include applicable product catalog cut sheets and diagrams and verification that all proposed luminaires will meet LED requirements, subject to City approval. • Consultant will identify areas where current streetlight configurations may be considered overlit. Recommendations for removing lights from service will be presented to City for consideration and approval. • Consultant will replace existing HPS fixtures which have house side shields with new LED fixtures with house side shields. New house side shields will be installed with similar orientation as was the existing configuration. Any house side shields that are requested to be installed independently of the LED conversion will be covered under the maintenance scope. • Consultant’s replacement plan will incorporate, as-applicable, LED street lighting guidelines and best practices issued by the International Dark Skies Alliance, the American Medical Association and the Illuminating Society of North America. • Consultant will adhere to the MUTCD (Cal. Edition) provisions for work performed in the right-of-way. Consultant will provide typical traffic control plans for residential and non-residential. • Consultant will work with the City to develop an asset numbering convention (Facility ID) and pole tag design. Consultant will install the new tags at the same time as the LED conversion and update the database accordingly. The database will cross reference various data by the facility ID. • Consultant will work with the City to communicate and finalize the project details and create the final Statement of Work. Consultant will conduct a final review of all energy savings and construction cost estimates with the City to ensure accuracy and compliance with the final project details. Consultant will secure all necessary approvals for project implementation, including but not limited to a Notice to Proceed from the City. 2. LED Installation Consultant will provide all necessary personnel, equipment and materials to safely install the LED streetlights identified in the replacement plan. a. Utility Rebate Processing 01203.0006/446622.11 A-5 A-28 • Consultant will provide all necessary support to maximize the utility rebate for the City. As the utility rebate program is subject to change, Consultant does not guarantee utility rebate funds will be available. Considering the current SCE rebate the City can anticipate nearly $145,000. b. Database update • Consultant will provide City with updated inventory database upon completion of the LED installation. Data will include all attribute data collected with the addition of the LED luminaire model number, wattage, installation date and Facility ID. c. Utility bill update • Consultant will assist the City in updating the utility bill upon completion of LED installation, including any remaining inventory reconciliation. MAINTENANCE OF THE CITY’S STREETLIGHTS D. Phase IV Standard Streetlight Maintenance and Operation Consultant will perform standard streetlight maintenance and operation services on behalf of the City as detailed below. A base monthly fee is established for maintenance of the streetlight system on a per month, per light basis. The fee will reflect the total number of lights being served along with any adjustments for special fixtures/poles as agreed upon by both parties. The fee includes standard services as listed below, with the exceptions being those items identified in Phase IV Extraordinary, Emergency and After-hours Maintenance section. • Streetlight outage response, diagnosis and repair of system components owned by the City and included in the associated scope of this contract. Streetlight system components include LED luminaires, photocells, mast arms, dedicated cables and wires, and all other equipment and materials necessary for the safe and effective functioning of the streetlight system. Maintenance of streetlight poles are not included in Phase IV Standard Streetlight Maintenance scope. • Replacement of faulty equipment, as needed. Consultant will be responsible for pursuing material warranty claims. In the event that a material item is not covered under warranty and needs to be replaced the consultant will bill the City based on the rates in Exhibit C-1. • Cleaning of the streetlight luminaires while completing service requests. 01203.0006/446622.11 A-6 A-29 • Utilization of traffic control and safety equipment as required to protect our technicians and the public. • Consultant call and dispatch center (1-800-229-6090) will be available to the City and the members of the community 24 hours a day, 7 days a week. Access to report an outage will also be available via the internet. • Biannual night inspection of streetlight system • Coordination with city staff, residents, and businesses as needed for difficult to access lights. • GIS map updates when new poles are added. • Monthly outage/failure rate reports. • A comprehensive report will be provided to the city on a quarterly basis. The information provided to the city will capture all outages and suggested repairs observed during a night-run assessment. • Consultant Service Account Manager will provide notification of any major work to be performed in the City. • Consultant will provide a maintenance website for City staff to access. This will provide the city an up to date summary of current and completed tasks. • All inoperable lights that are reported will be resolved and repaired within five (5) working days or less. • Consultant to notify SCE in the event of a power failure to streetlight fixture. • Consultant to notify City if the need for tree trimming is observed during maintenance activities and during the night check. Additional resources • Consultant will be able to receive service requests from the City’s Public Service Request Application through delivery of an email to Consultant’s Service Account Manager. • Consultant will furnish a telephone number and website to receive customer comments and requests regarding the Services required. Consultant has a call and dispatch center (1-800-229-6090) which will be available to staff and the members of the community 24 hours a day, 7 days a week. 01203.0006/446622.11 A-7 A-30 • Consultant offers an online outage reporting webpage for the public and staff to report outages which can be incorporated into the City webpage for ease of access for citizens. • Consultant’s Customer Satisfaction Survey will provide transparency and ongoing communication concerning performance satisfaction. • Consultant shall act as an extension of City staff, and as such, will be available to work nights and weekends if required. E. Phase V Extraordinary, Emergency and After-hours Maintenance For streetlight maintenance issues that fall outside of the standard maintenance scope, listed in Phase IV, the Consultant will provide services billed on a time and materials basis. Items such as traffic accidents, tree fall or power surges may occur, resulting in the streetlights being damaged and needing to be replaced, though the frequency may vary considerably. These items are being defined as Extraordinary, Emergency and after-hours maintenance and not included in the base monthly fee for standard maintenance. Individual costs based on unit costs or base assumptions for the level of work have been included in Exhibit C and will form the basis for a work submittal and approval process to the City. All Extraordinary, Emergency and After-hours Maintenance work must be preapproved by the City prior to the work being completed. The following items have specifically been identified as, but are not limited to, Emergency and after-hours maintenance: • Emergency response- 24 hours and day 7 days a week • Streetlight knockdown repair • Overhead wiring replacement • Pole graffiti abatement • Pole painting entire pole • House side shield purchase and installation 01203.0006/446622.11 A-8 A-31 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) I. Section 1.1, Scope of Services, is amended to read as follows: In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality, and will conform to the requirements of the contract documents as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. II. Section 1.2, Consultant’s Proposal, is amended as follows: 1.2 Consultant’s Proposal and City’s RFP Superseded by Agreement. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of suchThe Consultant’s proposal and the terms and conditions of the City’s request for proposals and this Agreement, the terms of this Agreement shall governare superseded by this Agreement. III. Section 1.8, Additional Services, is amended as follows: 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, plus reasonable overhead and markup, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall 01203.0006/446622.11 B-1 A-32 not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. IV. Section 1.10, Compliance with California Labor Laws, is added as follows: 1.10 Compliance with California Labor Law. This section shall only apply to work under this Agreement, if any, that is a public work for the purposes of the prevailing wage law. (a) Public Work. To the extent that any of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720, that work is subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The public work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all 01203.0006/446622.11 B-2 A-33 apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ________ (i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 01203.0006/446622.11 B-3 A-34 V. Section 2.2, Method of Compensation, is amended as follows: 2.2 Method of Compensation. The method of compensation shall be in accordance with and may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. VI. Section 2.3, Reimbursable Expenses, is amended to read as follows: 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for construction materials, reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. VII. Section 2.4, Invoices, is amended as follows: 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period, but the Parties agree that the City shall pay Consultant in all instances within sixty (60) days after receipt of Consultant’s correct and undisputed invoice. In the event any charges or expenses are 01203.0006/446622.11 B-4 A-35 disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. VIII. Section 3.5 is added as follows: 3.5 Inspection and Final Acceptance. City may inspect and accept or reject any of Consultant’s work under this Agreement either during performance or when completed. City shall reject or finally accept Consultant’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provision of this Agreement including but not limited to Article 5 pertaining to indemnification and insurance, respectively. IX. Section 4.3, Contract Officer, is amended as follows: 4.3 Contract Officer. The Contract Officer shall be Elias Sassoon or his/her designee, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. City will contract with a construction management firm to perform construction administration and oversight for Phase III of the project, LED conversion. Consultant shall fully cooperate with the construction manager. X. Section 4.5, Prohibition Against Subcontracting or Assignment, is amended as follows: 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. However, Consultant may assign this Agreement and its rights, contract proceeds, and obligations thereunder to its affiliates, parent, wholly owned subsidiary, or affiliated successor organization without the City’s consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert 01203.0006/446622.11 B-5 A-36 of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. XI. Subsection (h) of Section 5.2, General Insurance Requirements, is amended as follows: h. Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. XII. Subsection (o), Self-Insured Retentions, of Section 5.2, General Insurance Requirements, is deleted in its entirety. XIII. Subsection (p) of Section 5.2, General Insurance Requirements, is amended as follows: p. Timely notice of claims. Consultant shall give City prompt and timely notice of insurance claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve insurance coverage under any of the required liability policies. XIV. Section 5.5, Performance Bond, is added as follows: 5.5 Performance Bond. Concurrently with execution of this Agreement, Consultant shall deliver to City a performance bond in the sum of the amount of only Phase III of the Scope of Services, i.e., $438,138.34, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Consultant promptly and faithfully performs all terms and conditions of this Agreement. / / / / / / / / / 01203.0006/446622.11 B-6 A-37 XV. Section 6.5, Liquidated Damages, is added as follows: 6.5. Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500) as liquidated damages for each working day of delay that substantial completion of the LED Conversation (Phase III of the Project) extends beyond the 135 working days from notice to proceed, as specified in the Schedule of Performance (Exhibit “D”). Notwithstanding anything else to the contrary, the total aggregate liquidated damages assessable against the Consultant shall not exceed the total aggregate sum of (twenty percent) 20% percent of the total amount due for Phase III of the Project, i.e., 20% of $348,138.34, and in no instance shall the aggregate liquidated damage amount for delay per day exceed $500 per working day of delay under this Agreement. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. XVI. Section 7.7, Termination Prior to Expiration of Term, is amended as follows: 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30)ninety (90) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)one hundred forty (140) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 01203.0006/446622.11 B-7 A-38 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: RATE QUANTITY TIME SUB-BUDGET A. Phase I - Streetlight Audit and Financial Feasibility Analysis N/A N/A 75 days $48,637.44 B. Phase II – SCE Asset Acquisition Facilitation N/A N/A Dependent on SCE schedule $12,419.77 C. Phase III – LED conversion Varies by material type ($277.49/ pole average) 1,799 poles 135 days $438,138.34 D. Phase IV – Standard Streetlight Maintenance and Operation $0.74/streetlight /month 1 1,799 ongoing $47,925.36 [$15,975.12/year] E. Phase V- Extraordinary, Emergency and After-hours Maintenance See Exhibit C-1 as needed as needed $30,000 2 TOTAL CONTRACT SUM $577,120.91 II. As to Phases III, a retention of 5% shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of Phase III is completed. III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the 1 See Exhibit C-1 for rate breakdown. 2 Reflects budget estimate for emergency services. This item to be utilized on an as needed basis. 01203.0006/446622.11 C-1 A-39 Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, the hourly rate, and the percentage of completion of each Phase. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. 01203.0006/446622.11 C-2 A-40 EXHIBIT C-1 MAINTENANCE SERVICE RATES/HOUR 1. Labor Regular Time* Overtime* Premium Time* Streetlight Electrician/Technician $124.00 $153.00 $182.00 Foreman/Lead Tech $134.00 $165.00 $196.00 Laborer $97.00 $141.00 141.00 Energy Engineer $180.00 $180.00 $180.00 2. Equipment Rate per Hour Bucket Truck $28.00 Service Truck $25.00 Material Markup (from actual invoice cost) Streetlight Maintenance Materials 15% *Work Hours are as follows: • Regular Time- 7:30am to 4:00pm, Monday thru Friday, except Holidays • Overtime- Monday thru Friday after 4:00pm, for the first four hours, Saturday for the first 12 hours • Premium Time- Monday thru Saturday, after 12 working hours, Sundays and Holidays all day (24 hours). Holidays are as defined by the California Department of Industrial Relations guidelines. 01203.0006/446622.11 C-3 A-41 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney’s office. II. Consultant shall deliver the following tangible work products to the City by the following dates. Conversion A. Streetlight Audit and Financial Feasibility Analysis: 75 working days from notice to proceed for Phase I. B. LED Conversion: 135 working days from notice to proceed for Phase III 3 *Section 6.5 of the Special Requirements (Liquidated Damages) applies only to the 135 working day LED Conversion period referred to immediately above. No liquidated damages shall be assessed in relation to the maintenance time periods below or for other schedule milestones.* Maintenance C. Routine Maintenance: Maintenance response within 5 days of notification D. Emergency Response: Within 1 hour of notification III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 3 Please note: Schedule is based upon estimated time for SCE cutover process. Schedule dependent on SCE participation. 01203.0006/446622.11 D-1 A-42 Siemens Industry, Inc., Intelligent Traffic Solutions Proposal for Streetlight Acquisition, LED Conversion, Maintenance, and Operations with Financial Options for the City of Rancho Palos Verdes B-1 2 |Page Table of Contents Letter of Transmittal ............................................................................................................................ 4 Qualifications of Contractor and Financial Stability ............................................................................... 7 Project Understanding ...................................................................................................................... 7 Similar Experience .......................................................................................................................... 12 Performance Standards .................................................................................................................. 13 Compliance with RFP Requirements ................................................................................................ 14 Demonstration of Financial Resources ............................................................................................ 15 Qualifications of Staff, Operations, Facility, and Resources ................................................................. 16 Organizational Structure................................................................................................................. 16 Administration and Reporting ......................................................................................................... 17 Operating Policies and Procedures .................................................................................................. 18 Quality and condition of proposed equipment ............................................................................ 23 Management Personnel .................................................................................................................. 24 Other Team Personnel .................................................................................................................... 33 Operating Methodology and Practices ................................................................................................ 35 Industry Best Practices and Competitor Comparison ....................................................................... 35 Best Management Practices ........................................................................................................... 36 Resolution of Unsatisfactory Performance....................................................................................... 37 Transition Management ................................................................................................................. 37 Work Plan ....................................................................................................................................... 38 Project Approach......................................................................................................................... 38 Phase 1: Financial Feasibility Analysis .......................................................................................... 38 Phase 2: SCE Asset Acquisition Facilitation .................................................................................. 39 Phase 3: Project Development and Design ................................................................................... 39 Project Development ...................................................................................................................... 40 B-2 3 |Page LED Installation .............................................................................................................................. 41 Cost Effectiveness .............................................................................................................................. 45 Required Certifications, Forms, and Statement of Insurability ............................................................. 48 Other Required Forms .................................................................................................................... 49 California Acknowledgement Form ............................................................................................. 50 Exhibit B: Agreement Compensation ........................................................................................... 51 Exhibit C: Schedule of Performance ............................................................................................. 52 Exhibit D: Price/Cost Sheet .......................................................................................................... 53 Exhibit I: Non-Collusion Affidavit ................................................................................................. 54 Exhibit J: Certification of Non-Discrimination .............................................................................. 55 Other Attachments ............................................................................................................................ 56 Sample First Report of Injury ........................................................................................................... 57 Sample Accident Investigation Form ............................................................................................... 61 Sample Witness and Injured Person Statements .............................................................................. 66 Sample Customer Complaint Resolution ......................................................................................... 67 Sample Report of Work Performed .................................................................................................. 69 SFS Flyer......................................................................................................................................... 72 Siemens SFS Financial Services Information .................................................................................... 74 Siemens Summary of Financials...................................................................................................... 76 General Insurance Form ................................................................................................................. 77 SL Services Flyers ............................................................................................................................ 78 Siemens Safety Manual .................................................................................................................. 82 B-3 EXHIBIT E STREETLIGHT AGQUISITION FROM SCE, CONVERSION OF EXISTING HPSVLIGHTS TO LEDs, MAINTENANCE AND OPERATIONS OF THE CITY OWNEDSTREETLIGHTS, AND PROVIDE FINANCIAL OPTIONS FOR THE PURCHASE ANDCONVERSION OF THE FACILITIES. LETTER OF TRANSMITTAL City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, California 90275 SUBJECT: STREETLIGHT ACQUISITION FROM SCE, CONVERSION OF EXISTING HPSV LIGHTS TO LEDs, MAINTENANCE AND OPERATIONS OF THE Clry OWNED STREETLIGHTS, AND PROVIDE FINANCIAL OPTIONS FOR THE PURCHASE AND CONVERSION OF THE FACILITIES In response to the subject Request for Proposal (RFP) and in accordance with the accompanying lnstructions to Contractors, the Contractor hereby commits to the City of Rancho Palos Verdes to perform the work in accordance with the provisions in the RFP and any addenda thereto. The Contractor agrees and stipulates that the Proposal constitutes a firm offer that cannot be withdrawn for one hundred eighty (180) calendar days from the proposal submittal or untilthe Contract for the work is fully executed between the City and a third party, whichever is earlier. lf awarded a contract, the Contractor agrees to execute the Agreement in the form included inthe RFP and to deliver the executed Agreement to the City of Rancho Palos Verdes within seven (7) calendar days after receipt of a Letter of Award issued by the City, together with the necessary certificates of insurance and any applicable performance or payment bonds.The Contractor shall proceed with the work upon receipt of a written Notice to Proceed (NTP) from the City. The Contractor certifies that it has: Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto; and Satisfied itself as to the requirements of the Agreement, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the work and/or the cost thereof; and Examined the experience, skill and certification requirements in the Scope of Work/Specifications and that the entities performing the work can fulfill the specified requirements; and 1. 2. 3. 60 B-4 4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto. Therefore, the undersigned hereby agrees that the City of Rancho Palos Verdes will not be responsible for any errors or omissions in the Proposal. The Contractor further certifies that:1. The only persons, firms, corporations, joint ventures/paftnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms; and 2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party. The undersigned acknowledges receipt, understanding and fullconsideration of the following addenda to the Proposal Documents: Addenda No(s) Failure to acknowledge receipt of all addenda responsive to the solicitation. Acknowledged established and included with the offer. Addenda Numbers:-Date-Date Date Date Date .Date contractors Name 5irurus7/) may cause the Proposal to be considered non- receipt of each adilendum must be clearly ?"lr{Business Address 4/4/&/aL Contact Person Phone 415 - EmailAddress Signature of Typed or Printed Name 61 B-5 - giemex.s LfS GPOTitleoM,4 q,oot-r 62 B-6 7 |Page Qualifications of Contractor and Financial Stability Project Understanding Knowledge of the Service Area The City of Rancho Palos Verdes is located in Los Angeles County atop the Palos Verdes Hills and is home to the Point Vicente Lighthouse and the Point Vicente Interpretive Center. As an environmentally conscious community Rancho Palos Verdes is concerned with the quality of life not only of its current residents, but in the quality of life of future residents, businesses, and the surrounding wildlife and its ecosystems. This project, of acquisition, conversion, and maintenance of the streetlights in the community helps to accomplish these objectives. As the City understands this project will: Replace the aged infrastructure, which will provide a higher level of safety to everyone Purchase the existing lighting from SCE, which will allow the City to perform the necessary upgrades Facilitate the conversion of the light fixtures to LED, which will save the City a tremendous amount of money in annual costs Increase the City’s use of clean energy Improve grid performance Enhance safety as LED provides a better lit environment than HPS- helping to reduce crime and motor vehicle accidents at night Provide a more aesthetic light level Allow the City to enter into a maintenance contract with a reputable, experienced firm, which will relieve the City of the burden of ensuring proper lighting is in place at all times The City of Rancho Palos Verdes is well-known for its concern for the environment and the attached wildlife, as evidenced in their commitment to the Pointe Vicente Interpretive Center, which features exhibits on the natural and cultural history of the Peninsula, with a special emphasis on the Pacific Gray Whale. Siemens believes that every project should consider the effect on surrounding wildlife. We have experience not only in street light conversions, but in those specific to coastal areas. Our Energy Engineer for this project, Richard O’Hearn is a specialist in coastal energy projects and the habitats maintained along coastal areas. Siemens has a unique perspective on the needs of Rancho Palos Verdes. From 2004 through 2012, Siemens was the Maintenance Contractor for the traffic signals for the City. We have hands-on knowledge of how the City operates and the special characteristics of the City. Siemens values our relationship with Rancho Palos Verdes and looks forward to renewing that partnership again. a.Service Planning Siemens understands this project to include the following items: B-7 8 |Page Oversight and assistance during the acquisition of the lights from Southern California Edison Inventory and audit of lights within Rancho Palos Verdes Conversion of the existing High Pressure Sodium Vapor fixtures to Light Emitting Diodes All personnel, supplies, materials, and management to complete conversion 3 years of maintenance of lighting system, with 2- 1 year extensions possible (detailed below) Additionally Siemens will provide financing options to the City for review. Siemens is including in this response a proposal for Ongoing Maintenance of the City’s Street Lighting System. Siemens will use a combination of highly qualified personnel, fleets of specially outfitted vehicles, the latest tools and equipment, and our unmatched knowledge, understanding and experience in the streetlight industry to meet the needs of the City. A Siemens street light maintenance program is designed to eliminate and reduce malfunctions, complaints, and potential hazards throughout the community. Through the comprehensive maintenance program, Siemens will be responsible for maintaining approximately 1,799 LED streetlights. Our proposed streetlight maintenance program will include: System monitoring, including regular and proactive review of whether system components are functioning as expected. System components include LED luminaires, photocells, street light (non-utility) poles, mast arms, dedicated cables and wires (including those that may be underground), and all other equipment and materials necessary for the safe and effective functioning of the street light system. Quarterly inspection of each of the city’s streetlights Repair of streetlight outages Cleaning of the lenses while completing service requests Recordkeeping Replacement of faulty equipment, as reported Utilization of traffic control and safety equipment as required to protect our technician and the public Siemens call and dispatch center (1-800-229-6090) will be available to the City and the members of the community 24 hours a day, 7 days a week. For the convenience of your staff, access to report an outage will also be available via the internet Coordination with city staff, residents, and businesses as needed for difficult access to lights Highly qualified and trained personal Fleet of specially outfitted vehicles, which are supplied with the latest tools and equipment Siemens will provide GIS map updates when new poles are added Monthly outage/failure rate reports B-8 9 |Page A comprehensive report will be provided to the city on a quarterly basis. The information provided to the city will capture all outages and suggested repairs observed during night-run assessment In addition to the report, City staff will also have internet access to Siemens live database. This will provide the city an up to date summary of current and completed tasks. Based on severity of the issue, City will be notified of the following: Outages Pole knockdowns Suggested additional repairs All inoperable lights that are reported will be resolved and repaired within three (3) working days or less. Removal of all waste materials in accordance with the appropriate laws Pursuit of warranty replacements and assistance with insurance damage claims where applicable in order to minimize out-of-pocket costs to the City General Maintenance will consist of all operations and repairs starting from the pullbox or bottom of streetlight pole where fuse holder or secondary power starts necessary to keep all streetlights operational, and associated pullboxes within streetlight circuit. Siemens will have available call center 24/7, all equipment, qualified personnel, and the replacement of all components of light fixtures including replacement of LED luminaries approved by City drivers, surge protectors, ballasts, starters, igniters, fuses, lenses, reflectors, connective wiring, fuse holders, photo cells, and shorting caps that have failed due to normal age or deterioration. Also included is general cleaning of general components of the fixture during any repair of the luminaries that may interfere with the illumination of the street. Siemens response times will include: Type Response Time Emergency issues 1 hour Critical during business hours 12 hours Critical after hours, holidays, and on weekends 1 business day Non-critical 2-3 business days b.Contractor’s current operating capacity and how the City could potentially affect its operation. Siemens is a global technology provider, focusing on energy management, healthcare, manufacturing, mobility, and energy generation. Siemens annual revenues are $86 billion worldwide. Siemens US is our largest market with annual revenues of $22 billion. Siemens ITS Energy Services Team is a dedicated organization focused only on LED street light conversion projects. The team which will be assigned to the Rancho Palos Verdes project is composed of experienced street light conversion projects professionals that have completed tens of thousands of streetlight conversions. B-9 10 |Page Siemens has 83 locations in the State of California with 3,474 employees. In Los Angeles County, we have 8 locations.Our primary base of operations for street lighting projects is our Anaheim facility at 1026 E. Lacy Avenue, Anaheim CA, 92805. This facility houses our project staff, administrative staff, logistics personnel, and has a 5,000 sq ft warehouse and is less than 45 minutes from Rancho Palos Verdes. In addition we have multiple field resources that live within 30 miles of the City and will be available to respond to emergency calls, as needed. Siemens has more than sufficient staff to be able to perform the work for this project, exceeding expectations and bringing the project to completion on time and within budget. Our capacity to perform this project is well within acceptable bounds and should Siemens win this project it will not impact our operations adversely. Siemens has the experience, financial strength, and processes to ensure we exceed the City’s expectations in this project. Our unique offer to the City is bring team leaders with national experience in LED streetlight conversions to train and oversee a project constructed by locally hire employees and Rancho Palos Verdes-based businesses. Siemens represents a unique partner as we operate concurrently as a technology manufacturer, an electrical contractor, and an Energy Services Company (ESCO). The Siemens Team offers many unique differentiators that you will not find in other teams: Siemens has delivered nearly 200,000 LED streetlight retrofits around the US, many of which are similar in size to Rancho Palos Verdes. Siemens has installed over 25,000 streetlight control nodes and the gateways/access points that enable communications back to a centralized, cloud-based server. Siemens and CDM Smith have created a web-based GIS tool that can provide the City with real-time dashboards and reporting on the status of the project, management of installation issues, and the basis for a future asset management tool. Siemens has the experience working on large, multi-million dollar projects that entail coordination with numerous stakeholders and smaller city projects involving multiple departments. Siemens has the ability to communicate effectively with all of these involved parties and deliver services that surpass project goals. Siemens has the experience training and developing a local team of newly hired employees and subcontractors to work under our Project Manager and Field Supervisor. This allows the City to take advantage of our national expertise while achieving workforce and economic development opportunities that will provide lasting benefits Siemens consistently completes projects within budget and ahead of our projected timeline, which means the City is able to realize energy savings earlier. Siemens is committed to using Veteran, Minority, and Women owned businesses. Should further subcontracting be needed, we will first attempt to subcontract one of these types of B-10 11 |Page businesses. A priority for Siemens hiring practices is to employ veterans whenever possible to honor the commitment they have made to our country by their service and sacrifice. Global and National presence: Siemens Industry is a division of Siemens AG- our global parent company. Siemens Industry, Inc. (SII) began operations in the United States in November 1972. With over 18,000 employees, this arm of the company is unmatched in the U.S. marketplace with its products, services, and combined solution offerings. Local Presence- Siemens ITS: Siemens ITS Business Segment is headquartered in Austin, Texas at 9225 Bee Cave Rd, Building B, Ste 101. The focus of ITS is traffic management, Connected Vehicle technologies, and the installation and maintenance of streetlighting and traffic signals. Our technicians have extensive experience installing traffic control systems, lighting control systems and many other devices in the right-of-way. We currently employ 90 employees located in our Austin facility with an additional 300 in field offices around the country- including one in nearby Anaheim at 1026 Lacy Ave. Siemens ITS conducts street light retrofit projects as one of our main courses of business. Siemens has implemented thousands of streetlight retrofits and over 1,500 guaranteed energy performance contracts. Our highly relevant experience working in multiple states and with many utility territories, including SCE, will directly benefit your project. Siemens ITS is the leader in the LED street light conversion field. Our staff of professionally certified Engineers, Project Managers, and Electricians has extensive experience executing successful street light conversion projects. As industry recognized leaders, our staff has developed a unique approach to roadway lighting conversions that has earned recognition among the roadway and outdoor lighting industry organizations. One of the hallmarks of our Streetlight Retrofit projects is Siemens’ belief in the local economy and providing as many local jobs as possible. Whether through subcontracting applicable portions of the work to local firms, utilizing existing local Siemens’ employees, or hiring from the local labor union, Siemens is committed to the City of Rancho Palos Verdes. Industry Reputation and Accreditation Below are descriptions of accreditations and pre-qualifications held by Siemens. We are an active member in a number of leading industry associations at the national and local levels, including: Siemens is accredited by the National Association for Energy Service Companies (NAESCO) as an Energy Service Provider, the highest level of accreditation for companies serving the energy market. Siemens Industry, Mobility Division is part of a small, elite group of companies with this accreditation. Of the 100 NAESCO members, only eighteen are accredited, and only eleven of those, including Siemens Industry, have achieved the highest level of accreditation as an Energy Service Provider (ESP). B-11 12 |Page The Energy Services Coalition is a national non-profit organization composed of a local network of experts from a wide range of organizations working together at the state and local level to increase energy efficiency and building upgrades through energy savings performance contracting. Siemens supports the Energy Services Coalition (ESC) at both the national and local levels. Other Organizations: Alliance to Save Energy Association of Energy Engineers Carbon Disclosure Project Dow Jones Sustainability Index Energy Star Federal Energy Management Pro Indoor Air Quality Association US DOE Rebuild America Program Siemens also holds the following California licenses: A: General Engineering Contractor B: General Contractor C-10: Electrical Contractor DIR Registered Similar Experience Customer/Project Name Huntington Beach, CA Street Light Conversion Description ∂Investment Grade Assessment ∂System-wide Field Audit ∂Street light conversion of 11,045 fixtures (In progress) ∂System-wide maintenance of streetlights Contract Amount $3,600,000 Period of Performance 6/2013 to ongoing (Phases I and II completed 8/2015) Customer Contact Bob Stachelski Phone Number 714-536-5523 Email bstachelski@surf-city-hb.org Address 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Customer/Project Name Rialto, CA Street Light Acquisition Consulting & Conversion Description ∂System-wide Field Audit ∂Design, build, operate, and maintain 3,800 cobrahead and decorative fixtures B-12 13 |Page ∂Maintain system Contract Amount $3,600,000 Period of Performance 11/2014 to 3/2017 Customer Contact Robert Eisenbeisz Phone Number 909-421-7221 Email reisenbeisz@rialtoca.gov Address 150 S. Palm Ave Rialto, CA 92376 Customer/Project Name Santa Monica, CA Streetlight Conversion Description ∂ Conversion of 1,271 HPS lights to LED Contract Amount $500,000 Period of Performance 1/2017 to 3/2017 Customer Contact Zach Pollard Phone Number 310-458-8726 Email Zach.pollard@smgov.net Address 1685 Main St. Santa Monica, CA 90401 Customer/Project San Mateo, CA Street Light Conversion Description ∂LED conversion of 3,898 cobrahead fixtures and 1,038 decorative fixtures ∂Utility incentive management ∂GIS database creation and management Contract Amount $3,000,000.00 Period of Performance 3/2016 to 5/2017 Customer Contact Jay Yu Phone Number 650-522-7320 Email jyu@cityofsanmateo.org Address 330 West 20th Ave San Mateo, CA 94403 Performance Standards LED Conversion Siemens performance standards for all projects are encompassed by our PM@Siemens process.It defines the tasks, responsibilities and fundamental processes in project management and for project business. It addresses all important areas of Siemens’ project management and describes the expectations for excellent project business across the entire life cycle, including the mandatory B-13 14 |Page minimum requirements that must be met during acquisition and execution. Many of the mandatory inputs/outputs and the relevant activities originate from proven best practices within Siemens and are referring to international project management standards. Our PM@Siemens process ensures that we analyze, evaluate, and mitigate risk of a project as early as possible. ISO21500 notes that “Project management is the application of methods, tools, techniques, and competencies to an individual project.” To this end Siemens Project Managers begin each project creating a Project Management Plan, which is the instrument that the Project Manager will use to plan and monitor the project, adding detailed requirements, specific milestones, and project objectives based on clear inputs, outputs, and recommended activities. The lifecycle of a project is characterized by as series of phases through which the project passes until the end of warranty. Each phase ends with a milestone that is set as a checkpoint to evaluate the achievement of the defined outputs and to guide the project in a structured and efficient way. Siemens has proven through hundreds of LED Conversion projects our expertise and commitment to excellence. Ongoing Maintenance A Siemens street light maintenance program is designed to eliminate and reduce malfunctions, complaints, and potential hazards throughout the community. Through the comprehensive maintenance program, Siemens will be responsible for maintaining approximately 1,799 LED streetlights. The Siemens maintenance organization utilizes internal controls to ensure excellent customer service. This includes direct management support from our Service Account Managers, ensuring that adequate resources are assigned to each service account. Siemens strives for excellent service for streetlight maintenance and repair. Our standards include not only meeting our listed response times, but providing quality service throughout the life of the contract. Siemens will maintain adequate staff to perform this contract, with dedicated key team members. Compliance with RFP Requirements Siemens will comply with all requirements as laid out in the RFP. The requirements are part of Siemens standard business model and are a type and format that we typically deal with. Siemens does wish to have discussions with the City regarding the following: Liability Siemens has noted that there is no cap on liabilities. We would propose a limit of 100% of the contract value. B-14 15 |Page Liquidated Damages Siemens has noted that there is no cap on Liquidated Damages. We would propose a limit of 15% of the contract value. Fit for Intended Purpose Phrase Siemens request that the following statement in Article 1 Services of Contractor, 1.1 Scope of Services be revised: Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Insurance Siemens would like to discuss the types of copies Siemens provides for our insurance. We do not have an issue with any of the types of insurance or deductibles. Demonstration of Financial Resources Siemens is a global, multi-billion dollar organization with over 400,000 employees. Siemens annual revenues are $86 billion worldwide and Siemens US is our largest market with annual revenues of $22 billion. Siemens has been in operations for 170 years and has been operating as a US firm for over 40 years. Siemens does not have any encumbrances which will affect a contract with the City. We are financially solvent and have operated profitably for over 20 years. We have included a summary of our financials for the previous five years in our Attachments section. Siemens Industry, Inc. has been engaged in the surety program with Federal Insurance Company through Chubb Group of Insurance Companies for the past 20 years. We have had bonds underwritten for single projects up to $250,000,000 within an overall program of $1,500,000,000. Siemens possesses California General Contractor (A), General Engineering (B), and Electrical Contractor (C-10) licenses. B-15 16 |Page Qualifications of Staff, Operations, Facility, and Resources Organizational Structure As a multi-billion dollar organization with over 400,000 employees, Siemens has the depth of staff to ensure this project is fully staffed and highly successful. Siemens has been working with street lighting and energy projects for over 40 years and has been performing LED conversions for 7 years in the United States. Siemens has over 300 employees on staff for the sole purpose of LED and lighting projects and their completion. At Siemens we employ only the finest Project Managers, Engineers, and Field Technicians. We pride ourselves on the high level on training, education and certification of all our team members. Customers expect their projects to be managed in an excellent, innovative and responsible way, and this applies to all of our projects from large multi- million dollar projects, all the way to smaller turnkey projects. Our project management processes and certifications are models for project management and certifications around the globe. Professional project management is a vital success factor for Siemens. We have been a project company since inception. Currently we have over 15,000 certified project managers world-wide. The PM@Siemens process involves the following business processes: µCustomer relationship management µSupply chain management µProduct lifecycle management Siemens complete project management approach involves a strong project manager, directing all aspects of the project, with all team members ultimately reporting to him. From the start of the project, detailed planning, implementation, project controlling, rigorous testing and milestone checks, finishing with customer acceptance and project closure, Siemens works to provide the absolute best solution for each customer, meeting and exceeding expectations. To convert the 1,799, street lights within the City of Rancho Palos Verdes, Siemens proposes 4 technicians for the duration of the project. In addition to technicians, Siemens will also have a field supervisor, project manager, commercial project manager, project coordinator, and warehouse staff supporting the project. On the following page you will find our organizational chart, which details our key staff members and the reporting relationships. B-16 17 |Page Administration and Reporting Siemens staff will use Microsoft Project to track the overall progress of the project and to create overview progress reports, as well as mobile technology that will track progress in real time through the use of tablets in the field. Installation progress will be tracked on a daily basis by the project’s Field Supervisor and Project Manager, and a brief status report that includes project status and any current issues will be provided to the City on a weekly basis. Project team meetings will be held on a regular basis as determined by the City and Siemens. These meetings will includes the Siemens’ project management staff, Siemens’ field supervisor, and City staff. In addition to progress reports, these meetings will ensure that the project is on schedule, any issues are being addressed, and that the work is being done safely and to the satisfaction of all stakeholders. Quality control will be a top priority during the implementation phase of the project. The Siemens project manager and field supervisor will routinely visit the field to perform quality control and identify opportunities for improvement. Siemens staff will routinely perform internal project audits and reviews to ensure the project is being executed correctly and efficiently. In addition, Siemens project management and supervisory staff will communicate on a regular basis with City in relation to any issues found in the field that require attention. B-17 18 |Page Sample Reports are included in our Attachments section. Operating Policies and Procedures Better customer service starts with superior project management. At Siemens, we take pride in our ability to complete jobs on time, within budget, and at the quality you and your constituents deserve. A significant factor in our success is PM@Siemens, which is a disciplined project management process that encompasses the entire project workflow, from project pre-acquisition to final delivery and contract close. PM@Siemens establishes specific requirements for all project executions that are fully aligned national and global organizations, including Project Management Institute (PMI) certification. These guidelines focus on our processes as a roadmap for the successful execution of projects and overall customer satisfaction. When we implement PM@Siemens, we meet project objectives by planning, monitoring and measuring, and taking corrective actions when necessary. Highlights of our methodology include consolidated industry best practices; a 12-module program that is uniformly taught and applied; a vast history in lessons learned; uniform project categorization; and an international project manager database, which ensures that the right project managers are assigned to every project. This means a well executed and cost effective project that meets the City of Rancho Palos Verde’s expectations. Steps of Installation 1.Project Management Project Timeline and Milestones The following is a high level overview of our Project Management Methodology which ensures that our projects are completed on time and in full. ⋅Project Opening & Clarification ƒStructure & create project ƒUpdate Supply Chain/Logistics concept ƒEnter order entry calculation o Milestone PM100 – Order Receipt Clarified ⋅Detailed Planning ƒCreate/release technical realization plan ƒConfirm & evaluate reference selection ƒUpdate supply chain/logistics concept ƒCreate project execution plans ƒFinalize quality plan & hazard analysis ƒCreate/release detailed planning o Milestone PM200 – Approval of Detailed Planning B-18 19 |Page ⋅Procurement ƒPlace purchasing, manufacturing & service orders ƒFinalize supply chain/logistics ƒEnsure fulfillment of orders ƒPrepare dispatch, documentation/stage products o Milestone PM300 – Dispatch Approval ⋅Dispatch ƒPrepare dispatch/stage products ƒPlace logistics service order ƒConduct & monitor supply chain/logistics execution ƒPrepare infrastructure/schedule & request resources ƒReceive & verify products at site o Milestone PM400 – Material & Resources at Site ⋅Implementation ƒPrepare site ƒInstallation of system o Milestone PM550 – Implementation Completed ⋅Project Acceptance and Closure ƒWork off open points ƒClarify open claims with contract partners ƒCreate closing invoice/execute receivables management ƒCreate final customer documentation ƒHand over service-relevant documents ƒClose site including deconstruction of infrastructure and clearing of surplus material o Milestone PM670 –Project Closure ⋅Warranty o Process Step ∂Perform warranty activities ∂Hand over Manufacturer’s warranties to the City ∂Document end of warranty according to contractual requirements (e.g. Final Acceptance Certificate) Milestone PM700 – End of Warranty Quality in Projects Siemens believes the success and quality of a project is everyone’s responsibility. Our global strategy is based on three cornerstones: service, process, and personnel. Without the synergy of all three we would not be able to maintain the quality of our service. The Siemens B-19 20 |Page Quality Control Program is the basis on which we execute all projects, large or small. Siemens’ quality standards incorporate Lean Six Sigma practices, ISO guidelines, and other industry-recognized standards, as well as our globally recognized PM@Siemens process. The program is stringent enough to maintain Siemens quality across all projects, yet flexible enough to meet individual client needs. We believe the success of our business is directly related to our client’s satisfaction and the quality of our performance. As such quality is a multi-directional responsibility. Quality is managed from the top down and implemented, reported, and improved from the bottom up. Quality Management is embedded in our project management approach and ensures that processes are based on proven work procedures and methods (e.g. PM Quality Stage Gates), leading to full transparency, measurability and manageability throughout the project life cycle. Figure 3 shows the Siemens Quality gates. By applying the Siemens Quality Gate principle, negative surprises are avoided and risks are managed. This means that the next process step/milestone can’t be initiated until all the requirements of the prior quality stage gate have been fulfilled. This ensures that at critical points during a project all issues (technical, resources, schedule, commercial, compliance, etc.) that may endanger project success are systematically analyzed and early decisions can be made by the assigned project manager. This process is utilized for all three categories of deliverables - written, software, and non-software deliverables. In addition Siemens utilizes the Triple Constraint Process, which involves the constraints of time, cost and scope to deliver a quality management process and product. These three constraints are often competing constraints: increased scope typically means increased time and increased cost, a tight time constraint could mean increased costs and reduced scope, and a tight budget could mean increased time and reduced scope. The major take-away from the Triple Constraint, being that it is a triangle, is that one cannot adjust or alter one side of it without in effect, altering the other sides. So for example, if there is a request for a scope change mid-way through the execution of the project, the other two attributes (cost and time) will be affected in some manner. How much or how little is dictated by the nature and complexity of the scope change. As an added example, if the schedule appears to be tight and the project manager determines that the scoped requirements cannot be accomplished within the allotted time, both cost AND time are affected. At Siemens we manage the triple constraint by two primary means, detailed planning and communication. Planning up front for the project and changing the plan as details change is critical in adjusting the constraint triangle. Just as critical is communication, both to the City and within the Siemens team. Siemens has successfully completed hundreds of projects using this methodology. We strive to come in on time, and within budget, while delivering a quality project. Ongoing Planning B-20 21 |Page The Siemens’ project manager will stay on top of all the key attributes of the triple constraint thus making the likelihood of project success that much higher. Being cognizant of any fluctuations to the key attributes, whether they are unexpected or requested, and adjusting the project plan as needed to ensure that time and budget constraints are met. Siemens’ method of project planning allows for unanticipated interruptions, resource shortages, and material delays. Rather than create project schedules which are too optimistic in order to impress the client, Siemens believes in an honest look at what it will take to complete the project. We determine our schedule based upon resource production per day, per person- utilizing information gleaned from previous, similar projects and the actual project timelines and deadlines met. The PM closely monitors the installation using a software/iPad program enabling him to track both completed and needed retrofits. Daily, the field supervisor and the PM discuss current issues, resolutions, changes in traffic control requirements, rates of installs, material delivery, and inventory counts (both removed materials and delivered materials to an on-site shed) and time deadlines. At Siemens we believe that communication is one of the best tools to ensure the project is completed on time and in budget, meeting the customer’s requirements and satisfaction. The Project Manager, Bryan Berlin, defines and implements a project and customer specific Quality Plan and will take preventative measures, analyze KPIs, supporting the City and the project team in achieving the project goals- especially customer satisfaction. Mr. Berlin will manage the risk and quality of the project by applying the following risk and opportunity management process, supported by the risk and opportunity register in the following manner: 1.Identify by detecting risks and opportunities as early as possible and from all potential sources, utilizing experiences from the past and expert knowledge, and conducting regular risk workshops. 2.Assess by performing a detailed analysis (qualitative and quantitative) of the risk and evaluating the financial impact. 3.Respond by defining a response strategy for each risk and opportunity and breaking them down into tangible response actions, which are then assigned to individuals. 4.Monitor by regularly reviewing, in line with the reporting frequency, the status of risks and opportunities as well as response actions. 5.Report and escalate the status as part of project performance reviews, escalating if necessary. B-21 22 |Page 6.Sustain and continuously improve within the project and by addressing experts with interfaces to risk and opportunity management. Innovation and Flexibility Siemens is an organization that believes in innovation. Not simply as a trendy catch phrase, but as a standard course of business. This is evidenced in our ground breaking work in Connected Vehicle Solutions, years before any of our competitors, to our selection to for innovative projects for early adopter cities around the world and even in our consistent ability to meet and beat even the most challenging schedules, timelines, and specifications on our streetlight projects. Siemens has proven time and again that we meet and exceed customer expectations. We have worked with multiple agencies and communities in large projects, like the Cape Light Compact and with cities with specific requirements and tight timelines, like Manchester. Siemens has the ability to be flexible, bringing in additional staff to meet the City’s needs, assigning a project specific Quality Manager to ensure requirements are met, and aligning with industry leaders, like our own Richard O’Hearn to provide expert guidance in various phases of the project. Siemens has a large repository of experienced managers and experts at our disposal to tackle any question, concern of challenge. Siemens does not back away from a challenge. Our Project Managers and their staff, in particular Bryan Berlin, have a long history of uncovering project risk, and fully mitigating it without compromising the budget or timeline. Project Communication with Stakeholders Siemens has a history of meeting and exceeding project qualifications and this project for the City of Rancho Palos Verdes will be no exception. Beginning with complete transparency and communication with the City and their stakeholders, our goal is to make the process as trouble free and easy to understand as possible. At Siemens, we understand that any time there is a change to people’s environment there are questions and concerns. To this end we establish a web portal that gives the stakeholders and the public an opportunity to monitor statuses and report issues, as well as ask questions. Our stance on communication and transparency will continue throughout the life of the project with weekly status updates and bi-weekly meetings with the City and their selected stakeholders. The conversion of the City’s streetlights to LED technology is a “good news story” that the City can and should share with its residents throughout the course of the project. This information can be posted on the City’s website, sent out as a press release, or distributed via a City e-newsletter or by social media. In addition, we have coordinated ceremonial project kick-off (“first light”) ribbon- cutting installations as a press event as well as utility rebate check presentations. Once the project B-22 23 |Page begins, Siemens-CDM Smith’s web-based audit tool can provide “dashboard” displays that will indicate in real-time the progress of the project under various metrics as selected by the City: fixtures audited or converted, energy savings realized to date, etc. We have found these tools to be extremely helpful in similar projects we have completed where our customers were interested in both monitoring the project in real-time and pushing information out to the public in a proactive fashion. As a large multi-national company Siemens has a long track record of providing community outreach, public relations and education on projects and services. Siemens dedicated support staff is available to develop and execute an outreach program to demonstrate the benefits of the LED conversion to the citizens of Manchester. Siemens can also conduct briefings and round-table discussions with City Stakeholders to educate them on the LED conversion process so they may respond to citizen inquiries. Two examples of news coverage, Siemens assisted the city of New Bedford and the Cape Light Compact Cities, see links below. http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20140906/NEWS/409060317/- 1/ARCHIVE http://www.mvtimes.com/2013/06/26/edgartown-oak-bluffs-see-savings-led-street-lights-16035/ Quality and condition of proposed equipment Illumination – a turnkey project is more than an opportunity for the customer to save money on energy and system related costs, it is a chance to improve the light levels throughout the City. This doesn’t mean more light, it means better light. As the systems infrastructure has aged, inconsistencies have been introduced into the system for countless reasons. Once our GIS audit is complete, Siemens will review the field data to identify where improved continuity could help the community. There will be instances where an entire roadway is lit with 100W HPS street lights; however there are spot areas where a 250W or even a 400W might be in the current system. Rather than simply apply a one-for- one approach to these locations, Siemens will look at each of them individually and ask “does this make sense?” In some instances – an intersection for example – there may be a great reason for this variance in wattage. These locations will be highlighted for the customer to review with Siemens or with anyone else who may have valuable input. In Siemens’ experience, this step alone has brought additional savings to our customers in the amount of 5%, on top of the calculated savings achieved via a one-for-one measure. Financial – the proposed package is not just a quality lighting solution, but a competitively priced one. Siemens uses their world-wide presence in energy efficiency and traffic solutions to leverage the best price for the customer. Having a dedicated procurement manager take the lead on material, and in some cases the labor, costs can take years of a simple payback period. B-23 24 |Page Other Project Objectives ∂Installing new LED fixtures that comply with the International Darksky Association (IDA) is an important objective for both the City and Siemens. Being a technology company on the forefront of infrastructure and smart cities, maintaining a well lit environment – not an over- lit one – is a core objective in our turnkey solutions. ∂All LED equivalent fixtures in the Siemens solution are available with a correlated color temperature (CCT) of 3000K, which is in line with the International Darksky Association (IDA) approval specifications. The light from a 3000K source scatters throughout the atmosphere less than higher color temperature sources. This results in less sky glow, which inhibits the human eye from being able to perceive the night sky in its truest form. ∂In addition to color temperature, one attribute that can also be attributed to high levels of sky glow is the amount of uplight from a luminaire. Uplight is a component of the B-U-G luminaire classification system, which replaced the cutoff classification system several years ago. In every project Siemens attempts to identify LED luminaires that have a minimum Uplight rating of 0. For cobra head style fixtures this is easily achieved. ∂100% of the cobra head replacements proposed in the Siemens packages have a 0 Uplight rating, when installed with zero tilt or roll. ∂Illumination in most common configurations in the City while minimizing power requirements - the first step in proper fixture selection is identifying the LED equivalent with regards to lumen output. ∂B-U-G rating – All fixtures in our proposed solution have 0-uplight in their B-U-G rating (Backlight-Uplight-Glare) which helps to minimize LED light from going up into the atmosphere and scattering to create light pollution. Furthermore, this is a 3000K Correlated Color Temperature (CCT) solution, which the International Darksky Association (IDA) and American Medical Association (AMA) recommend for exterior lighting. Management Personnel For this project, Siemens Senior Project Manager will be Bryan Berlin. Mr. Berlin has over 10 years of project management experience within the street lighting and ITS industries. In his current role, he manages all phases of project implementation including the creation of the project plan and design, schedule and budget, procurement, supervision of Siemens ITS field personnel and project administrative staff, oversight of any project partners/vendors, and stakeholder communications. Mr. Berlin is a certified Project Management Professional (PMP) through the Project Management Institute (PMI) and adheres strictly to their project management principles with a primary focus on the triple constraints of scope-schedule-cost and achieving customer/stakeholder goals. Mr. Berlin has been involved in many streetlight retrofit and design projects during his time at Siemens. B-24 25 |Page Siemens also believes in utilizing the local workforce and creating local jobs whenever possible. Siemens will not only hire subcontractors from the area, using M/W/DBE contractors wherever possible, we will utilize electricians from the local labor union that are currently not working on a consistent basis. The management team for this project will include: Name Role Responsibilities Bryan Berlin Senior Project Manager Total Project Oversight including personnel, budget, procurement, subcontractors, stakeholder communications, issue resolution Sabine Andrikos Commercial Project Manager Management of financial responsibilities including project budget and contract requirements Alex Valenti Account Manager Interface with City,coordination with SCE, support the project team, confirming project requirements Richard O’Hearn, CEM Lead Energy Engineer Oversight of audit team, calculation of energy savings, billing adjustments and rebates,fixture selection, utility analysis Noureann Mitchell Procurement Manager Oversight of Procurement of fixtures and supplies, manage deliveries and contracts Shenoa Townsend Service Account Manager Manage maintenance service contract, interface to City for maintenance contract Eric Pescatore CDM Smith Audit PM Develop the GIS installation map, manage the audit crews, perform quality checks Management Team Resumes Resumes for our Management Team follow on the next pages: B-25 Siemens Industry, Inc. Intelligent Traffic Systems Bryan Berlin Senior Project Manager Currently Mr. Berlin serves as a senior project manager and construction and street lighting subject matter expert for Siemens Industry. His primary focus is LED Streetlight Conversion and Intelligent Traffic Systems (ITS) projects. Mr. Berlin has over 10 years of project management experience within the street lighting and ITS industries. In his current role, he manages all phases of project implementation including the creation of the project plan, schedule and budget, procurement, supervision of Siemens ITS field personnel and project administrative staff, oversight of any project partners/vendors, and stakeholder communications. Mr. Berlin is a certified Project Management Professional (PMP) through the Project Management Institute (PMI) and adheres strictly to their project management principles with a primary focus on the triple constraints of scope-schedule-cost and achieving customer/stakeholder goals. In previous employment Mr. Berlin worked as a Project Manager for Service 1st Lighting and Tri-County Lighting as a Project Manager. He primarily managed the construction of new street light systems, public right of way lighting systems and energy efficient retrofits. Customers included Southern California municipalities. Project Experience City of San Diego Street Lighting General Requirements Contact Mr. Berlin was the Project Manager for this project. Using in-house resources Siemens successfully completed the City of San Diego General Requirements Contract (GRC) T11 Street Lighting and Traffic Signals. Under this contract, Siemens installed ground-up street lighting systems, modified intersections and installed lighted cross walks throughout San Diego. The contract was divided into (13) task orders throughout the City of San Diego in neighborhoods including Stockton, Northpark, Del Cerro, La Jolla, Paradise Hills, Southcrest, Bay Ho, Sherman Heights, Del Mar and other neighborhoods within the City. Huntington Beach, CA Street Light Retrofit Mr. Berlin was the Project Manager for this project. This project was a street light retrofit that involved approximately 12,000 fixtures. We performed an IGA and were able to reduce electricity and maintenance costs, while ensuring aesthetic and public safety needs were met. San Mateo, CA Street Light Conversion Mr. Berlin was the Project Manager for this project. Siemens performed a street light conversion for 5,000 cobrahead and decorative fixtures to reduce electricity and maintenance costs, while providing a greener solution with better illumination for the citizens. Siemens also created and managed the GIS database. Siemens ensured aesthetic and public safety needs were met, as well as provided oversight on billing adjustments and rebate/incentive procedures. Education ∂Bachelor of Science, Business Administration, California State Polytechnic University ∂Professional Management, Project Management Institute Registrations ∂Project Management Certified ∂Certified Senior Lighting Technician Years of Experience 10 Core Competencies ∂Project Management and Oversight ∂Street Light Retrofit ∂Scheduling and Budget monitoring and management Affiliations ∂Project Management Institute B-26 Siemens Industry, Inc. Intelligent Traffic Systems | Sabine Andrikos Commercial Project Manager Financial Analyst Mrs. Andrikos has been involved in commercial management with Siemens for over 15 years. She has shown herself to be adept at managing the financial aspects of projects, especially in areas of risk management and maintaining project budgets. Mrs. Andrikos is an invaluable member of the Siemens ITS team with her long history of understanding contract terms and conditions and the related requirements. She has shown time and again outstanding leadership skills and a passion for project excellence. Mrs. Andrikos is responsible for the commercial management of projects on the West Coast. Project Experience Huntington Beach, CA- Street Light LED Conversion Mrs. Andrikos was the Commercial Project Manager for this project which entailed the conversion of over 11,000 street lights. This included a system wide GIS field audit, a design of the LED system, assisting in obtaining loans for financing, and managing the budget and requirements of the contract, ensuring a well completed project coming in on time and within budget. Siemens is currently in Phase 3 of this project; consistently being awarded each phase in a competitive environment. Santa Monica, CA- Street Light Acquisition and Conversion Mrs. Andrikos was the Commercial Project Manager for this project which entailed the conversion of nearly 1.300 street lights. This included a design of the LED system, as well as managing the budget and requirements of the contract. San Mateo, CA Street Light Conversion Mrs. Andrikos was the Commercial Project Manager for this project, where she worked with the project team and the City to ensure fiscal excellence and contract acceptance. Siemens performed a street light conversion for 5,000 cobrahead and decorative fixtures to reduce electricity and maintenance costs, while providing a greener solution with better illumination for the citizens. Siemens also created and managed the GIS database. Siemens ensured aesthetic and public safety needs were met, as well as provided oversight on billing adjustments and rebate/incentive procedures. Education ∂Bachelor of Arts, Wirschaftsakademie Pflaz, Ludwigshafen, Germany, 2006 Certifications ∂Certified Economic Assistant, 1999 Years of Experience 15 Core Competencies ∂Fiscal Responsibility ∂Risk Management ∂Project Excellence B-27 Siemens Industry, Inc. Intelligent Traffic Systems | 1 Alex Valenti Account Manager and Senior Energy Engineer Currently Mr. Valenti serves as the Western US Account Manager and technical expert for LED street light conversion programs for Siemens. This involves developing Investment Grade Assessments (IGA) for large municipal street light conversion programs, performing energy analysis, and material specification, as well as working closely with our clients to ensure they are receiving the best possible LED installation service. In previous employment, Mr. Valenti worked as a Project Manager for Energy Solutions coordinating energy efficiency rebate programs and developing California energy efficiency building codes. This included managing large scale commercial lighting conversions and facilitating the participation of California Investor Owned Utilities in building code development. Prior to Energy Solutions, Mr. Valenti worked as a Researcher at Lawrence Berkeley National Laboratory assisting in the development of Federal lighting standards, and detailed economic, technical and market based analysis. Mr. Valenti also has four years experience as an Environmental Consultant for Commercial and Residential construction projects. Project Experience San Mateo, CA- LED Street Light Conversion Mr. Valenti is the Account Manager for this project. Siemens is currently assisting the City of San Mateo in the LED conversion of approximately 4,000 cobrahead and 1,100 decorative street lights. This project included a GIS field audit of the street light system, specification of a variety of decorative street light types and providing utility rebate and billing adjustments throughout implementation. Huntington Beach, CA- Street Light Acquisition and Conversion Mr. Valenti provided the City of Huntington Beach an Investment Grade Assessment for the acquisition and conversion of over 11,000 street lights. This included a system wide GIS field audit, a design of the LED system, assisting in obtaining loans for financing and supporting City staff in negotiations with the utility, Southern California Edison. Rialto, CA- Street Light Acquisition and Conversion Mr. Valenti provided the City of Rialto an Investment Grade Assessment for the acquisition and conversion of nearly 4,000 street lights. This included a system wide GIS field audit, a design of the LED system, and supporting City staff in negotiations with the utility, Southern California Edison. College Station, TX – Street Light Conversion and Networked Controls Mr. Valenti is assisting in the conversion of over 5,000 street lights to LED. This project includes the installation of LED fixtures, a wireless networked control system and the upgrade of the existing communication system. Education Bachelor of Science, Environmental Science, University of California Berkeley Bachelor of Science Minor, Energy and Resources, University of California Berkeley Years of Experience 8 Core Competencies Client communication Street lighting design Project management EH&S Certifications Professional Certification, Project Management, San Francisco State University Affiliations Association of Energy Engineers California Street Light Association Publications Alstone, Andrea, Atkinson, Barbara, Garbesi, Karina, Gerke, Brian, Valenti, Alex & Vossos, Vagelis (Sept. 2015). Energy Efficient Lighting Technologies and Their Applications in the Residential and Commercial Sectors: Energy Efficiency and Renewable Energy Handbook, Second Edition Ng Eng Seng, Pang Terrance, Valenti Alex, & Young, Daniel (2014). Wireless Control and Communication of LED Streetlights and Other Devices: San Francisco Public Utilities Evaluation Report B-28 Siemens Industry, Inc. Intelligent Traffic Systems Richard O’Hearn, Jr., CEM Senior Energy Engineer Mr.O’Hearn has over 9 years in the roadway lighting industry,focusing on turnkey & energy efficiency projects on the national level. He has acted as a consultant for a joint venture between the U.S. Dept. of Energy & the National Renewable Energy Labs, as the industry expert in roadway lighting data collection. Since joining Siemens Mr. O’Hearn has been involved in numerous energy analysis projects and has added rich value and expertise to each opportunity he has been assigned. Involved in overseeing the GIS Inventory Audit, fixture selection, utility analysis, energy calculations, energy assessments, Investment Grade Audits, guaranteed energy savings analysis and management, and the overall project energy management, Mr. O’Hearn is a critical team member. Project Experience Huntington Beach, CA Street Light Retrofit Mr. O’Hearn was the Energy Engineer for this project. This project was a street light retrofit that involved approximately 12,000 fixtures. We performed an IGA and were able to reduce electricity and maintenance costs, while ensuring aesthetic and public safety needs were met. San Mateo, CA Street Light Conversion Mr. O’Hearn was the Energy Engineer for this project. Siemens performed a street light conversion for 5,000 cobrahead and decorative fixtures to reduce electricity and maintenance costs, while providing a greener solution with better illumination for the citizens. Siemens also created and managed the GIS database. Siemens ensured aesthetic and public safety needs were met, as well as provided oversight on billing adjustments and rebate/incentive procedures. Cape Light Compact LED Streetlight Conversion Mr. O’Hearn was the Energy Engineer for this project. Siemens performed a LED streetlight changeover of 17,000 fixtures. We completed this on time, with a tight timeline- to be ready for the summer tourist season. This was performed while meeting the local needs for the area’s 21 communities. Financing was completed via a guaranteed energy savings contract. Ongoing maintenance is being provided to this client. Education ∂Bachelor of Science, International Business, Massachusetts Maritime Academy ∂Post-Bachelors Program, Accounting, University of Massachusetts Dartmouth Registrations ∂Certified Energy Manager (CEM), Association of Energy Engineers; 3/2013 ∂AGi32: Emphasis on Roadway Lighting & Design, Lighting Analysis; 3/2010 Years of Experience 9 Core Competencies ∂Energy Savings ∂Energy Analysis ∂Audit: GIS and IGA Affiliations ∂Plymouth Energy Committee (Plymouth, MA) B-29 Siemens Industry, Inc. Intelligent Traffic Systems | 1 Noureann Mitchell Procurement Manager Ms. Mitchell joined the Siemens team in 2016 and has proved to be a valuable resource. With expertise in Process Improvement, Six Sigma, Project Management, CAS Material System, ETQ Reliance, Operations Research and Oracle, she ensures that Siemens ITS can discover the best possible materials and services for our projects. Ms. Mitchell coordinates, implements, and communicates project procurement strategy and activities in alignment with project management prioritization and requirements. Her previous work experience included Quality Advisor and Indirect Sourcing for General Electric. This experience and her drive to succeed make her a rising star in our team. Project Experience Huntington Beach, CA- Street Light Acquisition and Conversion Ms. Mitchell was the Procurement Specialist for this project, working to secure the best possible pricing for the City of Huntington Beach, as well as Audit Services and conversion of over 11,000 street lights. College Station, TX – Street Light Conversion and Networked Controls Ms. Mitchell worked with the project team and the City to obtain some of the best pricing in the industry for a project of this size. This project entailed assisting in the conversion of over 5,000 street lights to LED. This project includes the installation of LED fixtures, a wireless networked control system and the upgrade of the existing communication system. MassDOT Highway Lighting Maintenance Ms. Mitchell was the Procurement Specialist for this project and obtained third party materials and supplies to enable this project to come in on time and under budget. Fresno, CA Energy/Streetlight Conversion Project As the Procurement Specialist for this project, Ms. Mitchell found subcontractors to assist in the performance of this project, as well as the materials, recycling contractor, and warehouse facilities. The LED fixtures were outfitted with photometric control devices. Education ∂BS, Industrial and Systems Engineering, North Caroline A&T State University, Greensboro Certifications ∂Six Sigma Green Belt ∂Quality Management Certified Years of Experience 4 Core Competencies ∂Quality Planning ∂Procurement ∂Material Management ∂Negotiation Affiliations ∂PMI, 2012 B-30 Siemens Industry, Inc. Intelligent Traffic Systems | Shenoa Townsend Service Account Manager Mrs. Townsend has 17 years of experience in service coordinating and contract management related to streetlight and traffic signal maintenance. She has proven to be an invaluable member of the Siemens team, providing extraordinary leadership within the project team. With roles in project coordination and management, Mrs. Townsend brings a level of experience and expertise to the team in the administration and management of the contract, ensuring all maintenance activities are performed in line with the City’s scope of work. Mrs. Townsend is accountable for overall contract performance for all projects in Los Angeles and Ventura Counties. She will be the primary point of contact for maintenance issues following the LED conversion. Project Experience Huntington Beach LED Retrofit and Maintenance Project Mrs. Townsend is the Service Account Manager for this maintenance project. She manages the contract and maintenance activities, ensuring response times and resolution objectives are met according to guidelines laid out in the contract. Glendale IINS Replacement Program Phase 1 Mrs. Townsend is the Service Account Manager for this replacement program. She manages the multiple contracts that Siemens ITS has with the City of Glendale, ensuring the maintenance and replacement work occurs according to schedule and within budget. Santa Ana Countdown Heads and Push Buttons Project Mrs. Townsend is the Service Account Manager for this replacement project. She manages the project and contract to secure appropriate deliverables and outcomes for the City of Santa Ana. Years of Experience 17 Core Competencies ∂Project Coordination ∂Contract Management ∂Client interaction ∂MS Project ∂SAP (ERP System) B-31 B-32 33 |Page Other Team Personnel Siemens prides itself on the quality of its employees for this project and subsequent maintenance contract we have selected Christopher Franco as the Team Lead. The field technicians will be selected based upon time of execution. As is evidenced in our chart on the next page, we have a wealth of experienced crew members in Los Angeles County. B-33 Area Employee Name Position/Title Workzone Safety Level I Technician Level II Technician Level III Technician Level III Bench Inspector NEC Minh Tran Specialist Matthew Hullin Specialist Steven Teal Director of Service Michael Hutchens Area Operations Manager Ben Lokken Technician Gerardo Anguiano Technician Emigdio Cervantes Technician Linda Mcneill Technician Micheal Ortega Technician Dennis Kyle Technician Yolanda Bejarano Technician Christopher Slocum Field Supervisor Christopher Franco Lead Technician Colin Landis Technician Son Le Technician Jeff Willis Technician Timothy Kosman Crane Operator Hugo Munoz Crane Operator Chad Newton Groundsman Johnathon Burgess Groundsman Jose Robles Herrera Groundsman Olsen Garcia Groundsman Casey Garcia USA Locator Mark Medina Groundsman Technical Support Los Angeles County Field Technicians Other positions B-34 35 |Page Operating Methodology and Practices Industry Best Practices and Competitor Comparison The Illumination Engineering Society of North America (IESNA) is the lighting authority for North America, consisting of industry professionals, including some personnel from Siemens. Siemens has developed an accurate methodology for design and efficient project implementation, which results in customers saving energy earlier, while minimizing the impact to the local community. Being vendor neutral means Siemens works with the best manufacturers in the industry to find the best package to balance energy savings with equal or improved light levels, and cost. Design: the first step to design is to identify the LED equivalent luminance (initial lumen output) for all existing HID fixtures, based on nominal wattage and lamp type. The Siemens’ baseline fixture selection approach is based on the perceived lumen methods, created by the Lawrence Berkley National Laboratory in July 19951. This approach has allowed Siemens to maximize energy savings for customers without sacrificing the quality of the lit environment. While energy savings is a driving factor for a system conversion, Siemens believes that a properly lit environment is as equally important as the energy & cost savings LED brings to the customer. After a GIS audit of the existing system and extensive research in community characteristics, Siemens will work with the City to make sure the lumens leaving the fixture are going where they should be. This includes typicals of commonly found scenarios, photometric layouts of specific locations including public rights of way, parks, parking facilities, intersections, and other areas of interest. Identifying how many lumens are required to create an energy efficient version of the existing scenario, Siemens then takes the necessary steps to identify where to put those lumens. Starting with the baseline LED equivalents identified in the step above, Siemens will then begin testing the baseline fixture to the existing scenarios found in the major road plan (see table below) through a set of calculations using AGi32, the leading lighting analysis software, called “typicals”. Siemens will use these typicals to assure that the customer is not over- or under-lighting their environment simply for project cost or energy savings. Comparing the typicals’ results to the proper IESNA recommended practices or design guidelines, Siemens will confidently illustrate where and why the baseline fixtures – in many cases with multiple light distribution patterns on a single BOM – provides the best lit environment. Lastly in the design stage, Siemens reaches out to local law enforcement and government to review crime, traffic, and vandalism figures over the last 5 years. Locations where there is a statistically significant amount of incidents, Siemens will review under a full photometric analysis, in comparison with IESNA recommended practices or guidelines. Siemens will continually convey that these areas 1 Reengineering of Lighting Photometry, S.M. Berman, LBNL-42327-L-213 B-35 36 |Page may not be corrected 100% with improved lighting, but it we are there to support the customer and it is a good idea to complete this stage while industry experts are present. In some instances, the baseline fixture may not have been the correct selection. Siemens will create a master lighting plan for the City as a final deliverable. The master lighting plan can then be used for all projects going forward. Siemens is considered an industry leader in streetlight conversions and maintenance. Our processes and customer communication make us the logical choice. Our experience with thousands of streetlight conversions allow us to accurately and efficiently perform the conversion. Our experience with maintenance contract, with satisfied customers, is a testament to our exemplarily customer service. Best Management Practices There are several areas within the project that require the implementation of Best Management Practices. Among the most relevant are, safety, traffic control in the ride of way, quality control, environmental considerations and general project management. Many of these have also been detailed in other sections of our proposal. Safety – All Siemens installers are trained in proper handling of electrical equipment through Siemens as well as through the International Brotherhood of Electrical Workers (IBEW). Siemens has also developed a thorough Environmental Health and Safety (EHS) document that details proper protocol for installations, handling of equipment, incident reporting, jobsite hazard analysis, tailgate meetings…etc. Siemens’ Field Supervisors and Project Managers play an important role in overseeing and auditing our activities as they relate to safety and accept no deviation from Siemens and OSHA practices. Traffic Control – Siemens’ installations in the ride of way are completed in adherence with the MUTCD requirements. Installations typically fall under the short term or rolling lane closure designation, allowing for installers to operate efficiently and safely utilizing flashing beacons on the truck, a rear mounted arrow-strip on the rear of the truck and MUTCD compliant cones. Quality Control – For every project, the Siemens Quality Manager in Project (QMiP) produces a comprehensive quality control plan. This plan outlines how Siemens controls its material suppliers’ quality and installation quality. Typically these are comprised of a review of the manufacturing quality control process, and guidelines for ensuring all fixtures are installed correctly. The foreman will drive all installations that occurred on a given day and check that the fixture is the correct type and is level. The field supervisor will perform periodic night time inspections to ensure all fixtures are functioning as intended. B-36 37 |Page Environmental Considerations – Best Management Practices for disposing of fixtures dictates that all applicable fixture components will be recycled. Lamps are removed from the fixture for special handling and proper discharging of hazardous gasses prior to disposal. General Project Management – Siemens follows project management procedures as dictated by PM@Siemens and the Project Management Institute. These procedures encompass a project management plan that focuses on the triple constraints, “iron triangle” of Scope, Budget and Schedule. Key to the customer is communication and planning, which ensures all stakeholders have the proper involvement and are well informed throughout the project process. Resolution of Unsatisfactory Performance Siemens works with its clients to ensure satisfaction. At the completion of the conversion project, we perform a nighttime drive inspection with City appointed staff to review the locations in operation. A punchlist is created of any open items, which are then promptly addressed. An example of our resolution of an unsatisfactory performance would be the resolution of a project done for the State of California Department of Transportation (Caltrans), District 4. The scope of this project included installing numerous traffic detection loops on freeway on-ramps and off-ramps. In order to keep customer costs low, Siemens elected to utilize much of the existing infrastructure rather than installing all new infrastructures. Over the period of 1-2 years, much of this infrastructure failed. Rather than abandon the project, Siemens partnered with its customer and extended the warranty period to encompass system-wide repairs at no expense to Caltrans. The result was a fully functioning system and a formal project acceptance that satisfied the expectations of both Siemens and Caltrans. Transition Management Siemens has extensive experience in the SCE asset transition process, having assisted both Rialto and Huntington Beach throughout the acquisition from SCE and the transition to City-owned poles. Our process is simple: we facilitate the communication with SCE representatives and field crews and ensure that all information is clear to the customer throughout the process. The entire Siemens team, including the Account Manager and Project Manager, are on a first name basis with the SCE point of contact, John King, and are able to leverage previous experience to ensure this transition process is smooth. The asset transition process is outlined below: ∂City agrees to terms and conditions of sale of assets by SCE ∂SCE submits section 851 advice letter filing to CPUC (should asset valuation be less than $5 Million) ∂SCE receives CPUC approval for sale of assets ∂SCE initiates final inventory assessment of City assets by SCE contractor ∂SCE contractor provides SCE and City with final verified sellable inventory ∂SCE produces invoice for sale of assets and generates bill of sale ∂City pays invoice and once processed, City assumes ownership of assets B-37 38 |Page ∂Siemens begins maintenance of streetlight system and begins LED conversion and pole tagging Work Plan Project Approach Siemens approach to the work of this project will be one that provides not only the best solution for the City of Rancho Palos Verdes, but also one that benefits the near and long-term goals of the City. Communication with the City and the City appointed Stake-holders is considered a key value of this project. We value the stance the City is taking to reduce its carbon footprint, use innovative technologies, meet the needs of its constituents, and become a leader in sustainability. Siemens approach to this project will reflect these common held goals. Siemens has calculated this project to be able to reach completion in approximately 6 months from the beginning of Acquisition to Project Completion and Acceptance, not including Maintenance. We believe with this expedited timeline, the City will be able to realize energy savings more quickly, which translates into additional money in the City’s budget. This timeline of course is dependent upon the date of the notice to proceed, the time involved for the acquisition, and the schedule of the utility provider who currently owns the poles. With our years of experience we know what it takes to get a project of this size and scope completed. We have ensured that adequate staff and equipment is at our disposal to meet this timeline and have discussed our needs with our subcontractors. Siemens is committed to making this project successful for Rancho Palos Verdes. Phase 1: Financial Feasibility Analysis Siemens will provide financial analysis of the street light asset purchase and conversion to LED technology. Siemens will coordinate with City staff and SCE to understand the system valuation of the street light assets and obtain all necessary billing information to use in financial models. Siemens will perform various financial models addressing the multiple factors affecting a street light program. Some of the main items to consider are: ∂Project costs- include both SCE acquisition and LED conversion costs ∂Energy cost savings- varies with system design and material selection. ∂Maintenance costs- evaluate possible maintenance scenarios. ∂Finance costs- evaluate loan options from Siemens Financial, California Energy Commission and others. ∂Finance period- evaluate and optimize depending on loan structure. Siemens staff with present a summary of findings and coordinate with City staff on finalizing a viable financial plan. B-38 39 |Page Phase 2: SCE Asset Acquisition Facilitation After the street light acquisition has been approved by the CPUC and the contract to purchase these assets has been executed, Siemens will coordinate with the City and SCE on the transfer of ownership or “cutover” of the assets to City ownership. The exact schedule of this cutover will depend on the final terms decided between SCE and the City. Siemens has experience coordinating with SCE on the cutover process for the Cities of Huntington Beach and Rialto. The cutover process in both instances was as follows: ∂City agrees to terms and conditions of sale of assets by SCE ∂SCE submits section 851 advice letter filing to CPUC (should asset valuation be less than $5 Million) ∂SCE receives CPUC approval for sale of assets ∂SCE initiates final inventory assessment of City assets by SCE contractor ∂SCE contractor provides SCE and City with final verified sellable inventory ∂SCE produces Bill of Sale for assets ∂City pays invoice and once processed, assumes ownership of assets ∂Siemens begins maintenance of streetlight system ∂ The estimated timeframe for the cutover period is based on SCE and SCE contractor’s participation. In our experience for a City the size of Rancho Palos Verde, it is anticipated the cutover period could take 1-2 months from the beginning of the final inventory assessment, or “fielding” as SCE refers to it. As laid out in the RFP, Siemens will work with the City to determine if the existing SCE pole tags can be incorporated or if new pole tags will need to be created and affixed to the assets. Siemens can install the new tags at the same time as the LED conversion. Based on our experience, it has proven to be the most efficient and cost effective. By doing it this way, the resources for the LED installation will already be in place at the pole being converted, and able to perform the tag replacement in parallel with the conversion. This will save the City money as there will not be a need for a dedicated resource performing only tag exchanges. If the City should elect to have Siemens affix the tags independent of the LED conversion than additional fees will apply. The SCE pole tags will remain on the poles until SCE has processed all assets in a City. At that point SCE’s contractor will go back out and remove each pole tag. Phase 3: Project Development and Design Siemens divides the Project Implementation Phase into two distinct steps- Project Development and LED Installation. The sections below provide further detail: B-39 40 |Page Project Development 1.Review and update current streetlight inventory Siemens will conduct a detailed investigation of billing records, maps, and City records to finalize the list of street lights for replacement. We will conduct an inspection of street lights for final verification. We will communicate with the City our findings and discuss any areas they feel may be an issue. Siemens has included the cost of conducting an onsite, physical inspection of the 2,304 lights located in the City. Siemens will notify the City of any issues that are found during inspection, which require attention by the City, including tree limb interference or recommended clearing. We will work with the City to identify any areas that need special attention or clarification. 2.Rebate Eligibility Siemens will provide all necessary support to maximize the rebate potential for the City. At this time SCE offers rebates for LED street lights through the Express Solutions program. Once the LED fixtures are installed a rebate application can be submitted with the associated information needed and SCE issues the rebate to the customer. Considering the current SCE rebate program the City can anticipate nearly $145,000. 3.Billing Siemens will determine any rate schedule/billing revision data required, so they can proceed with timely billing reductions, including inventory reconciliation from the luminaries’ adjusted inventory. 4.Replacement Plan Based upon the replacements for lighting layout configurations, photometric analysis, and the mapping data, Siemens will develop a replacement plan for targeted luminaires that will meet or exceed current lighting levels, taking into considerations any areas that the City considers “overlit.” The plan will list each fixture, associated KUB badge number, City facility ID, GIS location, street address, pole height, roadway type, physical fixture type, existing luminaire type, existing wattage, voltage, replacement luminaire model, replacement PE cell model, and replacement wattage. Our plan will include applicable product catalog cut sheets and diagrams and verification that all proposed luminaires will meet LED requirements. The replacement plan may include the removal of poles and luminaries in areas that are deemed overlit, based on the photometric analysis. The plan will also take into consideration the existing shielding of lights and will accommodate additional shielding as appropriate or requested by the City. These considerations will be based upon Siemens evaluation, but more importantly the opinions of the City stake-holders as ascertained through joint meetings between Siemens project personnel and the City. Siemens recognizes that this is your City and the opinions and values of the City should be paramount. B-40 41 |Page Siemens’ replacement plan will follow as applicable LED street lighting guidelines and best practices issued by the International Dark Skies Alliance, the American Medical Association and the Illuminating Society of North America. Our replacement plan will include detailed pricing estimates representing all project options under consideration, and shall include detailed annual and 15 year energy cost, greenhouse gas, and maintenance cost savings models accurately presenting results and cost- effectiveness of project options. 5.Confirm Replacement Plan Siemens will work with the City to communicate and finalize the project details and create the final Statement of Work. Our Energy Engineer, Richard O’Hearn, and our Audit Team from CDM Smith will conduct a final review of all energy savings and construction cost estimates with the City to ensure accuracy and compliance with the final project details. Siemens will perform a photometric analysis for the final replacement plan to verify that the plan will meet or exceed the existing lighting levels. Siemens will secure all necessary approvals to proceed with project implementation, including a Notice to Proceed from the City. LED Installation Siemens has currently installed over 200,000 LED fixtures across the United States. Our experience means we understand the issues, requirements, and challenge that can face a LED conversion. Steps of Installation ⋅Project Opening & Clarification o Structure & create project o Update Supply Chain/Logistics concept o Enter order entry calculation Milestone PM100 – Order Receipt Clarified ⋅Detailed Planning o Create/release technical realization plan o Confirm & evaluate reference selection o Update supply chain/logistics concept o Create project execution plans o Finalize quality plan & hazard analysis o Create/release detailed planning Milestone PM200 – Approval of Detailed Planning ⋅Procurement o Place purchasing, manufacturing & service orders o Finalize supply chain/logistics o Ensure fulfillment of orders o Prepare dispatch, documentation/stage B-41 42 |Page products Milestone PM300 – Dispatch Approval ⋅Dispatch o Prepare dispatch/stage products o Place logistics service order o Conduct & monitor supply chain/logistics execution o Prepare infrastructure/schedule & request resources o Receive & verify products at site Milestone PM400 – Material & Resources at Site ⋅Implementation o Prepare site o Installation of system Milestone PM550 – Implementation Completed ⋅Project Acceptance and Closure o Work off open points o Clarify open claims with contract partners o Create closing invoice/execute receivables management o Create final customer documentation o Hand over service-relevant documents o Close site including deconstruction of infrastructure and clearing of surplus material Milestone PM670 –Project Closure ⋅Warranty o Perform warranty activities o Hand over Manufacturer’s warranties to the City o Final Acceptance Certificate Approaches/Methods to Accomplish Tasks Accomplishing tasks within a project (requirements) first requires the identification of all relevant project requirements. To accomplish this, the Siemens’ project team prepares a requirements traceability matrix. Requirements are identified from the customer RFP, Siemens’ extensive experience in SCE Acquisition/LED conversion projects, and industry best practices (IESNA, OSHA, IMSA…etc). Once requirements are identified and validated they are added into the requirements tractability matrix. Each requirement has a resource assigned, due date, required output for completion, next actions, and how to validate its completion. This list is constantly reviewed and updated by the project team. Following the identification of all requirements, a project plan and schedule is developed in Microsoft Project. Using this tool, the project manager ensures all tasks are completed on time, within budget and with strict adherence to the agreed upon scope. Project Timeline Our project timeline follows on the next page. B-42 B-43 44 |Page Work Schedule Siemens will furnish a telephone number to receive customer comments and requests regarding the Services required. Siemens has a call and dispatch center (1-800-229-6090) which will be available to staff and the members of the community 24 hours a day, 7 days a week. Siemens also offers an online outage reporting webpage for the public and staff to report outages in an easy to use fashion. https://partners.sea.siemens.com/Siemens.Ind ustry.Mobility.CS.Web/CreateNewRequestAno nymousUser.aspx Our Customer Satisfaction Survey will provide transparency and ongoing communication concerning performance satisfaction. http://www.industry.usa.siemens.com/mobilit y/us/en/urban-mobility/road- solutions/intelligent-transportation- systems/Pages/cs-customer-survey.aspx Siemens understand that we and our team members are to act as an extension of City staff, and as such, must be available to work nights and weekends if required. Siemens Project Manager, Account Manager or Operations Manager will update the City weekly to discuss and establish the work schedule and priorities for the week. The work schedule may be adjusted throughout the week to meet changing demands and budget B-44 45 |Page Cost Effectiveness SFS Financing Siemens offers the distinct advantage of being able to offer in-house assistance to the City of Rancho Palos Verdes in regard to financing. The Siemens team is dedicated to offering the most comprehensive and competitive financing arrangements to meet the City’s requirements. Lenders are very interested in performance contracting projects or non-PC projects with similar cost/benefit ratios, especially when they are backed by a guarantee from a stable and strong ESCO. Siemens has been successful even during these recent times of tight credit markets in helping our clients secure funding for their projects. The obvious goal of financing these types of projects is to minimize the total cost to the City. Please note that the City’s decision on financing through Siemens has no impact on the price, scope, or our execution of any tasks related to this project. Siemens motivation is simple; by finding the lowest cost of financing, the City will be able to fund the work. If the City has a preferred financing source, we will work closely with that funding source to insure the financing terms meet your requirements. Within Siemens, financial considerations are integrated alongside other aspects of the project development through our financing arm,Siemens Financial Services (SFS). SFS is a provider of advisory and financing solutions for business-to-business customers. Leveraging Siemens’ global footprint, SFS finances infrastructure, equipment, working capital needs and acts as a manager of financial risks within Siemens. With more than 2,600 employees, financing experts worldwide, and a financing supported project volume of approximately of than $50 billion, SFS considers itself well- prepared to address our customers’ financing needs. The combination of financial and industry know-how forms the basis of our knowledge in both Siemens’ core markets and related industries. We offer a comprehensive range of customized, needs-driven asset financing and leasing solutions to organizations of all sizes requiring financing for equipment from Siemens or third-party providers. Siemens SFS customers range from large international corporations, municipalities, and public-sector entities to small, privately owned firms. In particular,SFS has executed more than $1.5 billion in performance contracts and helps our partners execute hundreds of millions of dollars in performance contracts each year. We have substantial experience in arranging financing for our partners' projects, either through their own balance sheet or through our large network of relationships with banks and capital market investors. This experience, as well as our knowledge of the markets, has enabled our partners to entertain a broader scope of financing options. Siemens began providing financing for street lighting projects in 2002 and has provided such funding for numerous communities in the United States. A streetlight conversion project can be financed through the savings using tax exempt municipal lease financing via private lending institutions or SFS. There is no cost to the City to establish lease-financing arrangements. If the municipality selects a lease option, the full amount of the project will be funded into an escrow account to lock in the interest rate. The municipality will not incur any expense to establish the escrow account. Interest B-45 46 |Page 10% 83% 1% 6% 0% Pop.: HID Wattage 50 100 150 200 250 earnings on all funds placed in the escrow account are for the full benefit of the municipality. Traditionally, equipment ownership will pass with a one-dollar buyout at the end of the lease term. The advantage of the tax-exempt lease is that it offers a funding vehicle subject to annual appropriation operates within the approved budget and, as such, does not affect the debt levy limit or bond rating of the City/Town. Often times when the upfront costs are taken into account, the total cost of a lease is less than a bond. Lease purchase financing can also be used as a bridge to another funding source. Some municipalities will enter into a 5-10 year municipal lease with the intent of rolling the lease into a future bond issuance. This allows them to obtain the funds they needed immediately to begin enjoying the project savings and then pay off the lease in a future year in conjunction with their normal bonding cycle or anticipated large capital project. Details of SFS Financing for this project are included in our Attachments section. California Energy Commission Financing The California Energy Commission has a low interest loan program for energy efficiency projects. LED street lighting conversions are eligible projects and Siemens can assist the City in evaluating this finance mechanism. A brief overview of the program is below: The maximum loan amount is $3 million. There is no minimum loan amount. The interest rate is fixed at 1% for the term of the loan. A loan applicant with an existing ECAA loan may apply for an additional loan if additional funding becomes available, and when the applicant’s existing loan project is complete. Approximately $7 Million in loan funding is expected during Fiscal Year 2017-18. Energy Savings Details The primary benefits the City converting their existing lighting technology is directly related to the energy savings achieved by converting their existing lighting technology from HID to LED. For every customer these energy savings will vary, driven by the fixture population, LED fixture selection methods, and optimizations of the tariff structures built into the SCE system. As shown in the chart on the right, the current fixture population is heavily weighted by 100W HPS (9500L) wattages, which – based on Siemens methodology for fixture selection – will result in more energy savings than those whose populations are primarily smaller wattages. B-46 47 |Page The existing system, under the SCE tariff structure, currently consumes 893,830 kWh under the all night service. By assuring the selection of LED technologies with high efficacies, the new proposed system can reduce annual kilowatt-hours (kWh) without sacrificing the lit environment. The proposed LED system, as shown in the table below, can achieve over 70% energy savings without sacrificing the lit environment, by taking advantage of SCE’s bracketed mid-point tariff structure for LED streetlights. EXISTING: Annual kWh PROPOSED: Annual kWh Annual Energy Savings (kWh) Energy Savings % Rancho Palos Verdes 893,830 255,974 637,856 71% Total 893,830 255,974 637,856 71% ANNUAL COST OF OWNERSHIP Rancho Palo Verdes, CA Utility Costs Maintenance Costs Total Annual Costs Vendor A $69,946.14 $15,975.12 $85,921.26 Vendor B $70,015.06 $15,975.12 $85,990.18 Vendor C $70,289.03 $15,975.12 $86,264.15 Vendor A Vendor B Vendor C SCE Valuation $667,216.00 $667,216.00 $667,216.00 LED Retrofit $499,195.55 $484,177.60 $497,824.06 Current Rebates ($143,000.00) ($143,000.00) ($143,000.00) Net Project Cost $1,023,411.55 $1,008,393.60 $1,022,040.06 B-47 48 |Page Required Certifications, Forms, and Statement of Insurability Fair Employment Practices Siemens does not discriminate in its recruitment, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, gender, age, or physical disability in the performance of any contract, including the Agreement with the City of Rancho Palos Verdes and shall comply with the provisions of the State Fair Employment Practices Act, the Federal Rights Act of 1964 and all amendments thereto, and the Americans with Disabilities Act of 1990. Siemens takes great pride in its diversity in all its forms and is deeply committed to respecting and protecting the equal rights of all of our employees. Our company reflects all the communities we serve and the many people with whom we do business. Having a workforce drawn from all segments of society is both the right thing to do and a core part of our business strategy. It is inextricably linked to our productivity, product quality, revenue, and commercial success. Our goal is to create value on a daily basis for customers and society and the diversity of our employees is one of our greatest assets in achieving this goal. Our hiring and employment policies provide equal opportunity to all employees and prospective employees without regard to race, color, creed, religion, national origin, ancestry, sex, age, physical or mental disability, marital status, family responsibilities, pregnancy, genetic information, sexual orientation, gender identity, and protected veteran or military status. Siemens supports efforts at the state and local level to enshrine diversity as a core value. This furthers reinforces our belief that diversity and inclusion are critical to establishing and sustaining the competitive workforce required to maintain leadership in the global marketplace and creating an environment where people from all walks of life can feel good about developing a life-long career in a community that values their contributions. Further, Siemens will not knowingly contract with another organization that does not hold to the same values of equality that we hold. Safety and Training At Siemens, we give high priority to achieving excellence in Environmental Protection, Health Management and Safety. This forward-looking commitment strengthens the competitiveness of our customers and lays the foundation for our successful future. Environmental Protection, Health Management and Safety contribute to the long-term protection of people’s health, natural resources and company assets. We actively encourage our business partners to proceed under an equivalent policy. B-48 49 |Page Siemens ITS administers a comprehensive company- wide safety program to ensure that safety on all job sites is the top priority. Our employees are required to read and understand “Safety Rules for the Outside Electrical Industry,” by the National Electrical Certified Association (NECA). We have a zero tolerance policy on all safety violations and will provide copies of any safety history documentation upon request. Siemens’ employees are trained using a variety of resources and methods. The IBEW provides professional competence and safety training to our field staff. Our employees are trained in basic safety including proper lifting techniques. They have safety weekly tailgate meetings that address items such as electrical safety and current industry safety practices. Siemens is a proponent of formal training as well. Our electricians and technicians are also IMSA and IBEW trained. Prior to being sent out to work on their own, each electrician spends time with a number of senior staff members to learn the procedures and protocols we follow and must pass a series of tests before the area superintendents permit them to work independently. We have also included our Safety Manual in the Attachments section for your review. This document is mandatory for all Siemens employees. Statement of Insurability Siemens carries $1,000,000 per occurrence/$7,500,000 aggregate coverage for General Liability insurance and $1,000,000 Errors and Omissions insurance. We also carry a $10,000,000 umbrella policy. Our carriers, Liberty Mutual and HDI-Gerling, have a rating of A+XV and AX+III, respectively. Our bonding capacity is $15,000,000 / $50,000,000 aggregate. A sample of our General Insurance Form is included in the Attachments section. Other Required Forms The forms required by the RFP follow this page. B-49 GALIFORNIA ALL-PU RPOSE ACKNOWLEDGMENT STATE OF TEXAS COUNTYOF TRAVIS o. r0lqlrl -, berore me personally appeared R&LYE}/,i tgtWvl, proved ) is/are subscribed to theto me on the basis of satisfactory evidence to be the person(s) whose names within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF paragraph is true and correct. PERJURY under the laws of the State of California that the foregoing Signatu IIIGHELE WLKINSOI'I MY COMMISSION EXPIBES DecemberCIZOIE OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form , CAPAGITY CLAIMED BY SIGNER tr INDIVIDUALN CORPORATEOFFICER DESGRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENTnrlE(s) tr trtrn PARTNER(S) trtrATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL NUMBER OF PAGES GUARDIAN/CONSERVATOR DATE OF DOCUMENTOTHER SIGNER(S) OTHER THAN NAMED ABOVE I SIGNERIS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(|ES)) 55 B-50 51 |Page Exhibit B: Agreement Compensation B-51 EXHIBIT “B” TO AGREEMENT COMPENSATION I. Contractor’s proposed costs: A. Phase I - Identifying and present viable financial plans for proceeding with the purchase and complete a more accurate and detailed analysis of the cost savings of purchasing and converting the system to LEDs…........................... $ B. Phase II - Guide the City through the purchasing process including negotiations with SCE and obtain available rebates……..$ C. Phase III - Purchase the materials and complete the conversion of the existing HPSV Streetlights to LED Streetlights LED Conversion of 1,799 streetlights @$ /streetlight = …..$ D. Phase IV - Assume the Maintenance and Operations of the Streetlight System, 1,799 streetlights@ $ /streetlight/month= $ /month=………….$ (Annually) E. Phase V - Emergency, weekend, and after-hour Rates……….$ II.The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice shall include: A.Line items for all the service provided and the amount of work done multiplied by the applicable rate. B. Line items for all materials properly charged to the Services. C. Description of work completed including location, type of work, and man-hours III.The total compensation for the Services (A, B, C,&D) shall not exceed $_ ____, as provided in Section 2.1 of this Agreement. IV.The City reserves the right to award any one, combination of Items, or all whatever suits the best interest of the City. 57 0* 0* Option A: Acuity Fixtures 0.74 1,331.26 15,975.12 See table attached (Based on provided information.) 277.49 499,195.55 515,170.67 *This price is only valid if Item C is purchased. *This price is only valid if Item C is purchased. B-52 EXHIBIT “B” TO AGREEMENT COMPENSATION I. Contractor’s proposed costs: A. Phase I - Identifying and present viable financial plans for proceeding with the purchase and complete a more accurate and detailed analysis of the cost savings of purchasing and converting the system to LEDs…........................... $ B. Phase II - Guide the City through the purchasing process including negotiations with SCE and obtain available rebates……..$ C. Phase III - Purchase the materials and complete the conversion of the existing HPSV Streetlights to LED Streetlights LED Conversion of 1,799 streetlights @$ 269.14streetlight = …..$ D. Phase IV - Assume the Maintenance and Operations of the Streetlight System, 1,799 streetlights@ $ /streetlight/month= $ /month=………….$ (Annually) E. Phase V - Emergency, weekend, and after-hour Rates……….$ II.The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice shall include: A.Line items for all the service provided and the amount of work done multiplied by the applicable rate. B. Line items for all materials properly charged to the Services. C. Description of work completed including location, type of work, and man-hours III.The total compensation for the Services (A, B, C,&D) shall not exceed $_ 500,152.72 as provided in Section 2.1 of this Agreement. IV.The City reserves the right to award any one, combination of Items, or all whatever suits the best interest of the City. 57 0* 0* Option B: Leotek Fixtures 0.74 1,331.26 15,975.12 See table attached (Based on provided information.) 484,177.60 *This price is only valid if Item C is purchased. *This price is only valid if Item C is purchased. B-53 EXHIBIT “B” TO AGREEMENT COMPENSATION I. Contractor’s proposed costs: A. Phase I - Identifying and present viable financial plans for proceeding with the purchase and complete a more accurate and detailed analysis of the cost savings of purchasing and converting the system to LEDs…........................... $ B. Phase II - Guide the City through the purchasing process including negotiations with SCE and obtain available rebates……..$ C. Phase III - Purchase the materials and complete the conversion of the existing HPSV Streetlights to LED Streetlights LED Conversion of 1,799 streetlights @$ 276.72 streetlight = …..$ D. Phase IV - Assume the Maintenance and Operations of the Streetlight System, 1,799 streetlights@ $ /streetlight/month= $ /month=………….$ (Annually) E. Phase V - Emergency, weekend, and after-hour Rates……….$ II.The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice shall include: A.Line items for all the service provided and the amount of work done multiplied by the applicable rate. B. Line items for all materials properly charged to the Services. C. Description of work completed including location, type of work, and man-hours III.The total compensation for the Services (A, B, C,&D) shall not exceed $_ 513,799.18 as provided in Section 2.1 of this Agreement. IV.The City reserves the right to award any one, combination of Items, or all whatever suits the best interest of the City. 57 0* 0* Option C: GE Fixtures 0.74 1,331.26 15,975.12 See table attached (Based on provided information.) 497,824.06 *This price is only valid if Item C is purchased. *This price is only valid if Item C is purchased. B-54 Maintenance Table Hourly Rates 1.Labor Regular Time*Overtime*Premium Time* Streetlight Electrician/Technician $124.00 $153.00 $182.00 Foreman/Lead Tech $134.00 $165.00 $196.00 Laborer $97.00 $141.00 141.00 Energy Engineer $180.00 $180.00 $180.00 2.Equipment Rate per Hour Bucket Truck $28.00 Service Truck $25.00 Material Markup (from actual invoice cost) Streetlight Maintenance Materials 15% *Work Hours are as follows: Regular Time- 7:30am to 4:00pm, Monday thru Friday, except Holidays Overtime- Monday thru Friday after 4:00pm, for the first four hours, Saturday for the first 12 hours Premium Time- Monday thru Saturday, after 12 working hours, Sundays and Holidays all day (24 hours) B-55 EXHIBIT "C" TO AGREEMENT SCHEDULE OF PERFORMANCE To Be Completed based on the Contractors Plans and Schedules I. Contractor shall perform all services timely in accordance with the following schedule: Days to Perform Deadline Date A. LED Conversions B. Maintenance C. Emergency Response 58 within 1 hour 135*dependent on start date 3-5 days from notification N/A *Please note: Schedule is based upon estimated time for SCE cutover process. Schedule dependent on SCE participation. B-56 53 |Page Exhibit D: Price/Cost Sheet B-57 EXHIBIT D Option A: Acuiry Fixtures STREETLIGHT ACQUISITION FROM SCE, GONVERSION OF EXISTING HPSV LIGHTS TOLEDs, MAINTENANCE AND OPERATIONS OF THE CITY OWNED STREETLIGHTS, AND PROVIDE FINANCIAL OPTIONS FOR THE PURCHASE AND GOHVERSION OF THEFACILITIES. PRICE'COST SHEET SERVICE UN!T PRICE Quantity TohlAnnual Costs LED Conversions Pole $277.49 PerPole 1,799 $ j99;195t5_ Maintenance and Operations Pole $-0JA-Pet Pole/month 1,799 $ rss7s.n After HouriEmergency Services Man- Hours $-See-tablesEached As Directed Company:Sn*rn, sig Drt , //)?(!T(tr 59 B-58 EXHIBIT D Option B: Leotek Fixtures STREETLIGHT ACQUISITION FROM SCE, CONVERSION OF EXISTING HPSV LIGHTS TOLEDs, MAINTENANCE AND OPERATIONS OF THE CITY OWNED STREETLIGHTS, AND PROVIDE FINANCIAL OPTIONS FOR THE PURCHASE AND CONVERSION OF THEFACILITIES. PRICE/COST SHEET Company: Signature: SERVICE UNIT PRICE Quantity Total Annual Gosts LED Conversions Pole $269J4 Per Pole 1,799 $_484.177.60 | Maintenance and Operations Pole $_0J4 Per Pole/month 1,799 $ t5.97s.n_ After HourlEmergency Services Man- Hours $ JcelahlE-aIlached As Directed $ 59 B-59 B-60 Maintenance Table Hourly Rates 1.Labor Regular Time*Overtime*Premium Time* Streetlight Electrician/Technician $124.00 $153.00 $182.00 Foreman/Lead Tech $134.00 $165.00 $196.00 Laborer $97.00 $141.00 141.00 Energy Engineer $180.00 $180.00 $180.00 2.Equipment Rate per Hour Bucket Truck $28.00 Service Truck $25.00 Material Markup (from actual invoice cost) Streetlight Maintenance Materials 15% *Work Hours are as follows: Regular Time- 7:30am to 4:00pm, Monday thru Friday, except Holidays Overtime- Monday thru Friday after 4:00pm, for the first four hours, Saturday for the first 12 hours Premium Time- Monday thru Saturday, after 12 working hours, Sundays and Holidays all day (24 hours) B-61 EXHIBIT I STREETLIGHT ACQUISITION FROM SCE, CONVERSION OF EXISTING HPSV LIGHTS TO LEDS, MAINiENANCE AND OPiNATIbTS OT THE CITY OWNED STREETLIGHTS' AND PROVIDE TIT'IEUCNL OPTIONS FOR THE PURGHASE AND CONVERSION OF THE FACILITIES. NON.COLLUSION AFFIDAVIT To: The CitY of Rancho Palos Verdes: State of California ss. CountY of Los Angeles atK^i ?h , b"ingfirst duly sworn, dengSes-and says that he or she is ffilTSthepartymakingtheforegoi.9!i1,jl,.]!i1l:off,.rtot,anyundisclosedperSon,partnership,company, association, organizaiion. or. corporation; that the bid-is genuine and not tollr.:Y:^ro*l lf.Ii,tlSlJi?;irT:l'il::';;ili,:::iii ;'",.;;J;,ii''JorrrJ"o, conspired-, connived , or asreed with anv bidder or anyone else to put in i sham bid, or tlan anv6ne snltt refrain from bidding; that the bidder has not in any manner, directly oi inO'i""tfy,'sougftt by igreement,-communication, or conference with anyone to fix the bid price of the UIOO"I. oirny otn"i[,iOi"r, or to fix any overhead, proflt' or cost element of the bid price, or of that of any other bidder, or to secure any advintage against the pubfic body awarding the contract of anyone inierested in the proposed contract; that alistatements contained in the bid are true; and, further, that the bidder has nlt, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents tnereoi or Oivulgea information 1d'lil:l?1'.Y:^h"I*^?j-?,1: il:oreaKqowrl ltlEteul, I will not pay, any fee to any "orpoirtion, partiership, company, association' organization' bid depository, or to any rnember oi agent thereof to efferctuate a collusive or sham bid' State of California County of LosAngeles ) SS. subscribed and sworn to before me yris 4{4 o ,v a W(W 20& Notary Public in and for the County of Travis ' State of Texas' My commission expir u" \el-gfi\fu,( ffi , 20 l( MlCHEtf WLKII'EOil MY COMMISSION EXPIRES DecsrberS0'ZOIB 72 B-62 EXHIBIT J STREETLIGHT AGQUISITION FROM SCE, CONVERSION OF EXISTING HPSV LIGHTS TO LEDs, MAINTENANCE AND OPERATIONS OF THE GITY OWNED STREETLIGHTS,AND PROVIDE FINANGIAL OPTIONS FOR THE PURCHASE AND CONVERSION OF THE FACILITIES. CERTIFICATION OF NON.DISGRIMINATION (To be submitted with Proposal Form) On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that allfederal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. Irs c+o749 (Name and title of person making certification) 73 B-63 56 |Page Other Attachments Included in our attachments are the following: 1.Sample Incident/accident reporting forms a.Sample First Report of Injury b.Sample Accident Investigation Form c.Sample Witness and Injured Person Statements 2.Sample Customer complaint resolution 3.Sample Reports of work performed 4.SFS Flyer 5.Siemens SFS Financing 6.Siemens Summary of Financials 7.General Insurance Form 8.SL Services Flyers 9.Safety Manual B-64 Page 1 of 4 Siemens ITS Circle which office applies: Austin Other Office Write in name of home office employee works out of:RA Office Write in name of home office employee works out of: First Report of Employee Accident, Incident, Injury, Illness, or Environmental Release This report must be completed by the SUPERVISOR within 24 hours of any Incident or REPORT of Incident Instructions:Please print.Fill in all blanks . If a blank does not pertain to your accident, incident, injury, illness or environmental release, write “N/A” in that blank. When completed, a copy of this report must remain with the OSHA 300 Log. ATTACH EMPLOYEE/WITNESS STATEMENTS, EXPOSURE INCIDENT INVESTIGATION (if applicable) and provide a copy of all medicals. At Completion of Report: EMAIL or FAX REPORT(S), ALL MEDICAL DOCUMENTS AND UPDATES TO:mol.safety.sii@Siemens.com or (866)-820-7526 Section 1: Siemens RCM Relationship Siemens ITS Employee Contract Employee Sub-Contractor Employee Vendor Visitor Siemens Employee Division Name of Contract Agency Name of Sub-Contractor Name of Vendor Name of Company Section 2: Incident Type; Check All That Apply Death Injury Illness Damage to Company Property Environmental Related Work Related Section 3: Personal Information of Injured Employee (or Employee Involved With Incident) Name (print)Clock #Date of Hire Shift 1 2 3 Employee’s Supervisor/ Phone Number Male Female Married Single Divorced Employee’s Dept./ Work Area Employee works out of office.Date of Birth Date Hired State Hired or Recruited in Social Security Number (if available) Time in Present Job Employment Status Full Time Part Time Not an Employee Home Street Address City State Home Phone Zip Code Cell Phone Spouse’s Name (print)Spouse’s Phone Number Normal Work Schedule 5 Days, 40 Hrs/ Week Other, explain Number of Dependants (if available) Wages / Hour (if available)Was Employee Paid For Day of Incident Yes No Total Number of Hours Worked, Out of the Previous 48 Section 4: Incident Details Date of Incident Job Site Location of Accident/ Incident Street Address City State Zip Code Time of Incident am pm FIRST Reported to Is this an OCIP Site? Yes No Job Being Performed Is This Employee’s Regular Job Yes No Date Initially Reported Employee Was Working Regular Hrs O.T Employee Started Shift on day of incident at am pm If No, What Is Regular Job? Number of Consecutive Days Without A Day Off (Exclude Incident Date) Was Blood or Other Potentially Infectious Material Involved Yes No If Yes, Complete Form 720 -00081 Also Were there any Witnesses? Yes No Names of Witnesses (if witnesses, witness statements required) Number of Other Individuals Involved Names of Other Individuals B-65 Page 2 of 4 Was employee wearing required PPE? Yes No If Yes, Check All that Apply Hard Hat Approved Protective Footwear Approved Protective Eyewear With Side Shields Approved Respirator Other, explain Approved Reflective vest Tools / Equipment and Chemicals Involved in Incident; None List Was Employee Sent Off-Site for Treatment? No Yes, if Yes fill out Section 5 Section 5: Hospital/ Clinic Information Facility Name Street Address City State Zip Code Was Employee Treated in Emergency Room? Yes No Was Employee Treated in Out-Patient Clinic? Yes No Is Employee Losing Time From Work? Yes No (Lost Time) If Yes, Starting When Was Employee Hospitalized Overnight as an In-Patient? Yes No Name of Treating Physician Has Employee Returned to Work With Restrictions? Yes No (With Restrictions) If Yes, Starting When Did Employee Take a Drug Test? Yes No Did Employee Take an Alcohol Test? Yes No Phone Number of Clinic or Hospital Has Employee Returned to Work Without Restrictions? Yes No (Without Restrictions) If Yes, Starting When Attach all medical documents when sending this paperwork. Section 6: Injury No Injury Injury: If Injured Check All That Apply 6A : Injury Body Part R L R L R L Abdomen Foot Neck Ankle Forearm Nose Arm – Lower Genitals Shoulder Arm –Upper Groin Teeth Back –Lower Hand Thigh Back –Upper Head Throat Ear Internal Toes Elbow Knee Torso Eye Leg –Upper Wrist Face Leg –Lower Other (Explain Below) Fingers Mouth 6B : Nature of Injury Abrasion Dermatitis Repetitive Motion Amputation Dislocation Splinter Bite/ Sting Foreign Objective in Eye Sprain Blister Fracture –Break Strain Bruise/ Contusion Fracture –Compound Swelling Burn –Chemical Hearing Other (Explain Below) Burn –Electrical Loss of Consciousness Burn -Thermal Numbness Crushed Pain Cut/ Laceration Puncture Section 7: Potential Cause of Incident Condition(s)Action(s) Exposed electrical wiring Bypassed safety device (guard or interlock) Defective tools or equipment Equipment, failure to secure or inspect Hazardous arrangement Equipment, improper positioning Insufficient Illumination Equipment, inappropriate use Improper PPE Failure to use Lockout (lockout/ tagout) Misplaced object Failure to use required PPE Object in motion Failure to inspect PPE prior to use Slip, trip or fall –Same Level Improper lifting techniques Slip, trip or fall –Elevated Level Operating equipment without training Hazardous atmosphere Failure to perform required Job Hazard Analysis (JHA) B-66 Page 3 of 4 Disregard of safety program Failure to barricade or post signage Housekeeping Poor Housekeeping Other (Explain)Other (Explain) 7A: List Other Potential Conditions or Actions That May Have Contributed to the Incident: N/A 7B: What was Employee Doing Just Before The Incident Occurred? 7C: What was Employee Doing When Injured (Be Specific … If Employee Was Using Tools or Equipment or Handling Material, Name Them And Tell What the Employee Was Doing With Them)? 7D: How Did the Accident Occur? (Be Specific … Describing Fully the Events That Resulted in Injury, Occupational Illness, or Environmental Release)? 7E: Note Any Damage To Company Property. 7F: Describe Injury (Be Descriptive … Right Hand Laceration Requiring Stitches). 7G: Was First Aid Rendered On -site? By whom? 7H: What Object or Substance Directly Harmed the Employee and/or Environmental Release? 7I: List and Describe Corrective Actions Taken To Ensure That This Incident or Hazardous Condition Will Not Occur Again … (Engineering, Administrative, Training, PPE): Was the Employee Given an Employee Warning? Yes No Was Employee Issued a Written Warning for Failure to Follow Company Policies and Procedures? Yes No Will the Employee Be Given Additional Training? Yes No Will the Incident Be the Topic For A Special Tool Box Talk With All Employees On Site? Yes No Will a Formal Accident Investigation Be Performed Yes No If No, Please Explain Why Not: B-67 Page 4 of 4 By signing below I am stating: Based upon my knowledge of the above described incident, all is true and correct according the information available to me at the time I was completing the report. I understand that providing false information and/or purposely omitting information on this form and forms related to this incident, I am subject to termination of my employee with Siemens. Preparer’s Name and Title Signature Date (please print if filling out by hand) Injured Employee’s Name and Title Signature Date (please print if filling out by hand) 8: Additional Signatures and Acknowledgements: Safety Representative/Safety Coordinator Signature Date (please print if filling out by hand) Plant Manager /Site Superintendant Signature Date (please print if filling out by hand) Corporate Safety Manger Signature Date (please print if filling out by hand) 9: Comments or Recommendations From Safety Committee Members Review: Safety Committee Representative Signature Date (please print if filling out by hand) 10: Classification (Completed by MOL Safety Manager) Incident Involved: Property Damage Environmental Release Description of Property Damage/ Environmental Release: Cost (if applicable): Injury Classification (if applicable): Recordable 1st Aid Only Near Miss Not Work Related Recordable: Medical Only Restricted Lost Workdays OSHA Log # # of lost work days # restricted duty days Notes: B-68 Page 1 of 5 Siemens ITS Circle which office applies: Austin Other Office Write in name of home office employee works out of:RA Office Write in name of home office employee works out of: Investigation Accident/ Near Miss/ Environmental Release This report must be completed by the SUPERVISOR within 24 hours of any Accident/ Near Miss/ Environmental Release or REPORT of Instructions:Please print.Fill in all blanks . If a blank does not pertain to your Accident/ Near Miss/ Environmental Release, write “N/A” in that blank. At Completion of Report: EMAIL or FAX REPORT(S), ALL MEDICAL DOCUMENTS AND UPDATES TO:mol.safety.sii@Siemens.com or (866)-820-7526 Month Day Year Accident Near Miss Environmental Release ARLN DFW E 2 Installation/ O&M Job Site Location/ City Street Address Section 1: Siemens Relationship Siemens ITS Employee Contract Employee Sub -Contractor Employee Vendor Visitor Siemens Employee (not in our Division) Division Name Name of Contract Agency Name of Sub- Contractor Name of Vendor Name of Company Person’s name involved in the incident Section 2: Type of accident/ near miss/ environmental release Accident – Death Near Mss –no employee injury/ no damage to company property Environmental Release – Death Accident –employee injury/ no damage to company property Accident – no employee injury/ damage to company property Environmental Release – employee injury/ no damage to company property Accident –employee injury/ damage to company property Environmental Release – employee injury/ damage to company property Accident –no employee injury/ damage to company property Environmental Release –no employee injury/ damage to company property Accident: events which interrupt the smooth flow of profitable production or service; an unforeseen and unplanned event or circumstance; accidents and injuries are not the same Injury:hurt, damage, or loss sustained Near Miss:a miss close enough to cause damage; a near collision; close call Section 3: Relevant Information Male Female Shift 1 2 3 Employee’s Supervisor/ Phone Number Normal Work Schedule 5 Days, 40 Hrs/ Week Other, explain Employee’s Dept./ Work Area Total Number of Hours Worked, Out of the Previous 48 Employee Was Working Regular Hrs O.T Time of Incident am pm FIRST Reported to Employee Started Shift on day of incident at am pm Job Being Performed Is This Employee’s Regular Job Yes No If No, What Is Regular Job? Number of Consecutive Days Without A Day Off (Exclude Incident Date) How long has employee been doing this job? Number of Other Individuals Involved Names of Other Individuals Were there any Witnesses? Yes No Names of Witnesses (if witnesses, witness statements required) B-69 Page 2 of 5 Section 4: PPE Was employee wearing required PPE? Yes No If Yes, Check All that Apply Hard Hat Approved Protective Footwear Approved Protective Eyewear With Side Shields Approved Respirator Other, explain Approved Reflective vest Tools / Equipment and Chemicals Involved in Incident; None List Section 5: Injury No Injury Injury: If Injured Check All That Apply 5A : Injury Body Part R L R L R L Abdomen Foot Neck Ankle Forearm Nose Arm – Lower Genitals Shoulder Arm –Upper Groin Teeth Back –Lower Hand Thigh Back –Upper Head Throat Ear Internal Toes Elbow Knee Torso Eye Leg –Upper Wrist Face Leg –Lower Other (Explain Below) Fingers Mouth 5B : Nature of Injury Abrasion Dermatitis Repetitive Motion Amputation Dislocation Splinter Bite/ Sting Foreign Objective in Eye Sprain Blister Fracture –Break Strain Bruise/ Contusion Fracture –Compound Swelling Burn –Chemical Hearing Other (Explain Below) Burn –Electrical Loss of Consciousness Burn -Thermal Numbness Crushed Pain Cut/ Laceration Puncture Section 6: Potential Cause of Incident Condition(s)Action(s) Exposed electrical wiring Bypassed safety device (guard or interlock) Defective tools or equipment Equipment, failure to secure or inspect Hazardous arrangement Equipment, improper positioning Insufficient Illumination Equipment, inappropriate use Improper PPE Failure to use Lockout (lockout/ tagout) Misplaced object Failure to use required PPE Object in motion Failure to inspect PPE prior to use Slip, trip or fall –Same Level Improper lifting techniques Slip, trip or fall –Elevated Level Operating equipment without training Hazardous atmosphere Failure to perform required Job Hazard Analysis (JHA) Disregard of safety program Failure to barricade or post signage Housekeeping Poor Housekeeping Lack of or excess floor space Supervision or lack of supervision Other (Explain)Other (Explain) B-70 Page 3 of 5 Sketch of incident area? 6a: Why did this happen? 6b: What factors led up to the incident? 6c: List Other Potential Conditions or Actions That May Have Contributed to the Incident: 6d: What was Employee Doing Just Before The Incident Occurred? 6e: What was Employee Doing When Incident Occurred (Be Specific … If Employee Was Using Tools or Equipment or Handling Material, Name Them And Tell What the Employee Was Doing With Them)? B-71 Page 4 of 5 6f: How Did the Accident Occur? (Be Specific … Describing Fully the Events That Resulted in Injury, Occupational Illness, or Environmental Release)? 6g: Note Any Damage To Company Property. 6h: Describe Injury, If Applicable (Be Descriptive … Right Hand Laceration Requiring Stitches). 6i: Was First Aid Rendered On-site? By whom? 6j: What Object or Substance Directly Harmed the Employee and/or Environmental Release? 6k: List and Describe Corrective Actions Taken To Ensure That This Incident or Hazardous Condition Will Not Occur Again … (Engineering, Administrative, Training, PPE): 6l: What is the cost associated with the incident? (Material Damaged, Company Property Damaged, Cost (Time) To Repair, Lost Time Because of Incident, Cost To Clean Up, Etc…) Was the Employee Given a documented Employee Warning? Yes No Was Employee Issued a Written Warning for Failure to Follow Company Policies and Procedures? Yes No Will the Employee Be Given Additional Training? Yes No Will the Incident Be the Topic For A Special Tool Box Talk With All Employees On Site? Yes No Does documented evidence of employee training exists with regard to incident and/ or job being performed … inspection, proper use, how to do job safely, etc … Yes No If yes, where do documents reside? B-72 Page 5 of 5 By signing below I am stating: Based upon my knowledge of the above described incident, all is true and correct according the information available to me at the time I was completing the report. I understand that providing false information and/or purposely omitting information on this form and forms related to this incident, I am subject to termination of my employee with Siemens. Preparer’s Name and Title Signature Date (please print if filling out by hand) Injured Employee’s Name and Title Signature Date (please print if filling out by hand) 8: Additional Signatures and Acknowledgements: Safety Representative/Safety Coordinator Signature Date (please print if filling out by hand) Plant Manager /Site Superintendant Signature Date (please print if filling out by hand) Corporate Safety Manger Signature Date (please print if filling out by hand) 9: Comments or Recommendations From Safety Committee Members Review: Safety Committee Representative Signature Date (please print if filling out by hand) 10: Classification (Completed by MOL Safety Manager) Incident Involved: Property Damage Environmental Release Description of Property Damage/ Environmental Release: Cost (if applicable): Injury Classification (if applicable): Recordable 1 st Aid Only Near Miss Not Work Related Recordable: Medical Only Restricted Lost Workdays OSHA Log # # of lost work days # restricted duty days Notes: B-73 Page 1 of 1 Siemens ITS Witness / Injured Person Statement Circle which office applies: Check which statement applies; Austin Other Office Write in name of home office employee works out of:RA Office Write in name of home office employee works out of: INJURED PERSON STATEMENT Witness Statement Person with knowledge of the incident Statement A separate form is to be completed by ∂ the injured person ∂ every employee working in the crew in the vicinity of the injured employee ∂ every employee with knowledge of events or circumstances involved in the accident. This is to be completed within 24 hours of the reported incident. This information is being solicited from you so that Siemens IC Mobility and Logistics Division can accurately assess the reported incident to prevent similar occurrences in the future. Describe only the facts for which you have personal knowledge – If you have no knowledge of the incident, write “No Knowledge.” Email scanned copy to mol.safety.sii@siemens.com or fax to (866)-820-7526 this report and all Medical Documents and Updates. Injured Person:Location of Incident: Date of incident ____________________________ Time________________________am/pm Statement Date ___________________ ________ Time________________________am/pm Name of Person completing Form (PRINT CLEARLY): ________________________________________________________________ Phone number_________________________ Address ___________________________________________________________________ City_________________________________________________ State ________________ Zip Code ____________________________ Damage to Company Property?NO YES; If yes describe If a witness: Were you in the vicinity of the accident?Yes No Did you see the accident?Yes No Describe the exact time and manner in which you learned of the incident: use back of form if necessary Name all employees working on your crew or employees with information concerning the accident: use back of form if necessary Describe the requirements for equipment or personal protective equipment required for the job: use back of form if necessary Describe the conditions and events leading up to the accident in detail: use back of form if necessary Describe the incident in detail: use back of form if necessary Was equipment or scaffolding involved in the accident? Describe the equipment/scaffolding in detail: use back of form if necessary Signature of Person Making Statement: _________________________________________ Date_______________________ Phone Number of Person Making Statement: _______________________________________ B-74 Date:9/24/2017 Prepared for:The City of Huntington Beach Project Name:Streetlight Retrofit Scope Summary:Convert approx. 10,810 Streetlight Poles from HPS to LED Current Status Project Issues Status Date:9/22/2017 Zone 1 Fixtures Installed:1393 Percent Complete:51% Fixtures Remaining:1328 Est. Comp Date:10/6/2017 Total Conversion Fixtures Installed:1393 Percent Complete:13% Fixtures Remaining:9607 Est. Comp Date:12/22/2017 Prepared by: Bryan Berlin bryan.berlin@siemens.com Project Status Summary Week 2: As of Friday, September 22nd, Siemens crews have converted 1,393 street light fixtures in Zone 1, and have 1,328 streetlights remaining to convert. The audit team has surveyed approximately 1,105 poles in Zone 4 (Final Zone). Issue List attached. Progress Summary 72 2 67 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 1000 1500 2000 2500 3000 9/ 1 5 / 2 0 1 7 9/ 2 2 / 2 0 1 7 9/ 2 9 / 2 0 1 7 10 / 6 / 2 0 1 7 10 / 1 3 / 2 0 1 7 10 / 2 0 / 2 0 1 7 10 / 2 7 / 2 0 1 7 11 / 3 / 2 0 1 7 11 / 1 0 / 2 0 1 7 11 / 1 7 / 2 0 1 7 11 / 2 4 / 2 0 1 7 12 / 1 / 2 0 1 7 12 / 8 / 2 0 1 7 12 / 1 5 / 2 0 1 7 12 / 2 2 / 2 0 1 7 12 / 2 9 / 2 0 1 7 1/ 5 / 2 0 1 8 1/ 1 2 / 2 0 1 8 1/ 1 9 / 2 0 1 8 1/ 2 6 / 2 0 1 8 LED Conversion Progress - Huntington Beach, CA Weekly Completed Total Cumulative % Complete Siemens Mobility | Intelligent Traffic Solutions 2200 W. Orangewood | Suite 210 | Orange, CA 92868 B-75 Tag Number Location Description Conversion Status Conversion Comments Feed Point Resolution 476118HB BUSHARD ST. E/S, 65' N/O RAMBLER DR. C/L Converted with Issue No tag number on pole CDM To Resolve 464101HB HAMILTON AVE N/S 50' W/O C/L SEAFORTH Converted with Issue Pole is very loose needs attention Forwarded to Maintenance 464108HB N/S HAMILTON AVE 550' W/O MAGNOLIA ST Converted with Issue Wrong number on pole 464107 CDM To Resolve 464107HB HAMILTON N/S 1095' E/O SEAFORTH LN Converted with Issue No tag number on pole CDM To Resolve 434031HB ALBATROSS DR. 330' W/O WESTWINDS LN. HB Unconverted with Issue Wasp nest Siemens to Resolve 435074HB CAPE COD DR. N/S, 200' W/O POTOMAC, HUNT BCH Converted with Issue The mast arm to the pole has a huge offset pitch. Adjusted the light as much as possible. Unable to make it level. Siemens to Investigate 424031HB NAPLES DR S/S 495' E/O SAUSALITO, H.B. Converted with Issue Wrong number Attatched CDM To Resolve 425013HB HEATHERTEN CIRCLE N/S 460' E/O RANDI LANE C/L, HB Converted with Issue There is no HB number located on the pole CDM To Resolve B-76 Traffic Signal Maintenance for CITY OF HUNTINGTON BEACH Work Order Completion Period: 09/01/2017 to 09/30/2017 City of Huntington Beach - Generic Date Completed:Thu, SEP/07/2017 13:30 Work Order #: 5003202517 Debit Memo Req. 3801390593 Description:8181 SAN ANGELO POLE #253020HB Response: INSTALLED 70 WATT LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per HR $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Thu, SEP/07/2017 13:00 Work Order #: 5003200090 Debit Memo Req. 3801391676 Description:511 22ND ST / PECAN ST/L B/O COBRA + + CONCRETE CYCLING - TURNS ON AND OF Response: INSTALLED NEW 100 WATT LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per HR $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Wed, SEP/20/2017 03:00 Work Order #: 5003203189 Debit Memo Req. 3801391713 Description:9550 RALEIGH DR POLE#436138HB B/O + + WOOD LIGHT IS COMPLETELY OUT STREET LIGHT OUT IN FRONT OF 9550 RALEIGH DRIVE IN HUNTINGTON BEACH. Response: REPLACE 50 WATT HPS LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per EA $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Tue, SEP/12/2017 04:00 Work Order #: 5003202584 Debit Memo Req. 3801391796 Description:10432 SAMOA/ BIKINI ST/L B/O COBRA + + CONCRETE LIGHT IS COMPLETELY OUT Response: REPLACE 70 WATT HPS LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per PC $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Wed, SEP/13/2017 08:00 Work Order #: 5003202540 Debit Memo Req. 3801393010 Description:SB GOLDENWEST 1ST LT S/O TALBERT #199049 Response: REPLACE 100 WATT HPS LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per PC $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Siemens RCM CS Page 1 of 25 B-77 Traffic Signal Maintenance for CITY OF HUNTINGTON BEACH Work Order Completion Period: 09/01/2017 to 09/30/2017 Date Completed:Fri, SEP/15/2017 07:00 Work Order #: 5003202572 Debit Memo Req. 3801393011 Description:WB ELLIS 1ST E/O GOODWIN ST #4380808E Response: LOCATION THE SAFETY LIGHT BELONGS TO EDISON IT'S ON EDISON POWER POLE Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per HR $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Fri, SEP/15/2017 06:00 Work Order #: 5003203190 Debit Memo Req. 3801393020 Description:8871 LAUDERDALE CT / GREENFIELD LANE B/O + + WOOD LIGHT IS COMPLETELY OUT STREET LIGHT ON THE GREENFIELD LANE SIDE OF 8871 LAUDERDALE COURT IN HUNTINGTON BEACH. Response: REPLACE 100 WATT HPS LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per PC $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Sat, SEP/16/2017 11:00 Work Order #: 5003204485 Debit Memo Req. 3801394659 Description:16332 DAGNY/ BRADBURY LANE ST/L CYCLING COBRA + WHITE + METAL CYCLING - TURNS ON AND OF Response: REPLACE 50 WATT HPS LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per PC $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Wed, SEP/13/2017 05:00 Work Order #: 5003205250 Debit Memo Req. 3801394660 Description:15422 HANOVER/ MCFADDEN ST/L CYCLING COBRA + + CONCRETE CYCLING - TURNS ON AND OF TWO STREET LIGHTS CYCLING OFF/ON. ONE IN FRONT OF 15422 HANOVER LN AND SECOND ONE ACROSS THE STREET FROM 6651/6671 MELBOURNE DR. Item:Qty and Unit Cost Extra Charges Routine Maint. CONTRACT REPAIR 1 PC @ 0.00 per HR $ 0.00 $ 0.00 Visit Total $ 0.00 $ 0.00 Date Completed:Thu, SEP/07/2017 12:30 Work Order #: 5003199809 Debit Memo Req. 3801394843 Description:6592 GLEN DR ST/L B/O COBRA + YELLOW + CONCRETE LIGHT IS COMPLETELY OUT THIS IS MY THIRD REQUEST. PLEASE FIX IT. IT IS DARK AT NIGHT AND A SAFETY HAZARD Response: INSTALLED NEW 70 WATT LAMP Item:Qty and Unit Cost Extra Charges Routine Maint. Siemens RCM CS Page 2 of 25 B-78 B-79 B-80 B-81 October 13, 2017 City of Rancho Palo Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Re:TAX EXEMPT LEASE FINANCING FOR STREET LIGHT CONVERSIONS, POLE BUYBACKS, AND TRAFFIC CONTROLS Dear Sir or Madam: Siemens Financial Services, Inc. (“SFS”) as agent for Siemens Public, Inc., is interested in proposing a tax-exempt financing solution to the City of Rancho Palos Verdes (“ The City”) for the financing for the proposed street lighting energy efficiency measures. Siemens Financial Services, Inc. (“SFS”) is a leading international provider of business-to-business financial solutions. SFS is a legal entity licensed by local and federal authorities to provide leasing and lending offerings to customers in the U.S. Employing more than 3,153 employees worldwide, SFS supports over 14,000 customers across 14 countries. As of September 30, 2015, the total managed assets of SFS amounted to $25 Billion worldwide and $11 Billion in the U.S. The company, based in Iselin, NJ, enables private and public sector investment for thousands of customers in the energy, industrial, and municipal sectors by providing customized solutions that range from equipment financing and working capital to project and energy finance solutions. We have provided tax exempt financing solutions for municipal energy/lighting projects from $10 - $80MM in size. In addition, our leadership team is centrally located in the U.S. allowing us to execute on large and challenging transactions. Some examples of 2016 projects include customers, such as: Florida Institute of Technology (FIT), Kay County, OK, and Orem City, UT. In addition to our experience and financial know-how, the relationship we have with our sister company, Siemens Industry, Inc., provides a unique insight into leasing street light conversions and energy savings projects This allows us to quickly deliver the best financing structure specific to our customer’s needs. SFS has a well regarded policy of being fair and equitable when it comes to extension options, whole life costs and the return of equipment. We believe we set the benchmark when it comes to process efficiency and outstanding customer service. State and local governmental entities can, generally, issue tax exempt obligations. With that said, obligations are not tax exempt just because a tax exempt entity is involved in the transaction. There are many complicated rules and requirements that must be followed, both when the transaction is structured and after the transaction is funded. To name a few, there are restrictions on the use and investment of funds, deadlines for using funds in escrow, restrictions on recourse against governmental entities and recordkeeping and reporting requirements. Some of these rules and requirements can vary based upon the states and localities involved. As well, there may be different or additional rules applicable to different types of entities. SFS will provide a Tax Exempt Lease Agreement solution where we can recognize the interest revenue on a tax exempt basis allowing us to pass the benefits onto The City in the form of a lower interest rate. Outside of fees associated with an escrow account, assume a $1,200.00 setup fee and a $120.00 monthly servicing fee, The City would have to obtain a letter of opinion from outside council. Costs associated with the letter of opinion will vary depending on The City’s representation. There are no additional costs or fees associated with our offering. B-82 SFS will also consult Outside Municipal Counsel, at our expense, in connection with prospective tax exempt transactions at any time that it may be necessary or advisable, including, without limitation, as follows: (i) to clarify questions or issues raised by a potential customer; (ii) for any prospective transaction that involves an entity not clearly able to enter into tax exempt obligations, or an otherwise unfamiliar entity type; (iii) for any prospective transaction that involves a jurisdiction in which SFS has not recently concluded a tax exempt transaction; or (iv) for any prospective transaction that is non-standard or that contains elements that could create issues for a tax exempt transaction. As used herein, “Outside Municipal Counsel” shall mean the firm of Gilmore & Bell, P.C. Use of any different counsel requires prior approval of the SFS. Again, any costs SFS incurs from consulting Outside Counsel will be at our expense. Our financing terms extend up to 15 years and we typically include a construction period on energy savings projects. Fixed rates for tax-exempt purchase agreements are typically in the 2.8% - 3.2% range using today’s benchmarks. In addition to movement in the benchmark rates, the financing term will have an impact on the interest rate. At your request, Siemens Financial Services would be pleased to provide you a detailed proposal, outlining the specific terms of this transaction. As with all financing proposals, final terms and conditions would be subject to formal review and approval by both the borrower and lender. Please feel free to contact me if you have any questions, or would like to discuss this proposal in greater detail. Thank you again for allowing us the opportunity to provide financing for your Siemens Building Technologies project. Sincerely, Chase Dougherty Siemens Financial Services, Inc. Neither Siemens Public, Inc. (“SPI”) nor its agent Siemens Financial Services, Inc. (“SFS”) is recommending any action. SPI is acting for its own interests. Neither SPI nor SFS is a registered municipal advisor and neither is subject to any of the fiduciary duties imposed on municipal advisors. Without limiting the generality of the foregoing, neither SPI nor SFS is an advisor to, or fiduciary of, any obligor or prospective obligor with respect to any transaction or any of the discussions, undertakings and procedures leading thereto. Or any information or material provided in connection therewith. Obligors and prospective obligors should consult their own legal, financial and other advisors, as deemed appropriate, before taking any action regarding any transaction, all matters related thereto, and any information or material provided in connection therewith. The terms and conditions outlined herein are not all-inclusive and are based upon information provided to date. This letter does not represent an offer or commitment by SPI to enter into a lease transaction or to purchase the Equipment described in this proposal, and does not create any obligation for SPI. Closing of this transaction will be subject to, among other things, there having occurred no material adverse change in the District’s financial condition or business operations or in the economic and/or regulatory conditions existing prior to the closing and, subject further, to the execution by District and SPI, and delivery to SPI, of all documents required by SPI, all in form and substance acceptable to SPI. This letter may be withdrawn or modified by SPI at any time prior to a definitive written commitment letter to enter into a lease transaction with District being issued by SPI and accepted by District. SPI shall have the sole right to assign this letter, any future commitment letter or any lease between District and SPI. District shall not assign any commitment letter or any lease between SPI and District. All rates stated herein are based upon current money cost, tax rates and tax law assumptions. Should any changes occur, the rates will be adjusted accordingly B-83 76 |Page Siemens Summary of Financials B-84 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 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 BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, 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 endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1,000,000 10/01/2017 N/A GLD1110108 Manashi Mukherjee X TWXJUB7440L33816 (OH & WA) NYC-007207055-08 1,000,000 TRKUB7440L28316 (AZ, MA, OR & WI) X 25658 of Marsh USA Inc. N X INCL. 10/01/2016 10/01/2017 N/A N/A TC2JCAP7440L34A16 C 10,000,000 1,000,000 X '''''''$500K LIMIT / $500K SIR''''''' 25674 The Travelers Indemnity Company 1,000,000 X X 09/21/2016 MOBI 10/01/2016 10/01/2016 EVIDENCE OF COVERAGE X 10/01/2016 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 SIEMENS INDUSTRY INC. A C Travelers Property Casualty Co. of America 100129-MOBI--16/17 100,000 10/01/2017 2,000,000 B 41343 1,000,000 1,000,000 X TC2JUB7440L27116 (AOS) 445 SOUTH STREET MARSH USA, INC. MORRISTOWN, NJ 07960-6454 MOBILITY DIVISION SIEMENS INDUSTRY, INC. BUFFALO GROVE, IL 60089-45131000 DEERFIELD PARKWAY 10/01/2016 MOBILITY DIVISION C 10/01/2017 10/01/2017 HDI Global Insurance Company B-85 B-86 B-87 B-88 B-89 82 |Page Siemens Safety Manual B-90 B-91 B-92 B-93 B-94 B-95 B-96 B-97 B-98 B-99 B-100 B-101 B-102 B-103 B-104 B-105 B-106 B-107 B-108 B-109