The URL can be used to link to this page

17-0718_SIEMENS INDUSTRY, INC._D2_Agenda Report7t18t2017 D2 City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council Æ"Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director ./ørt t- TO FROM PREPARED BY: DATE SUBJECT Tom Toman, Assistant Public Works O*""to¿f July 18,2017 Consideration of a Contract with Siemens lndustry lnc. for Converting City Street Lights from High Pressure Sodium to Light Emitting Diode Technology RECOMMENDATION: 1. Open the public hearing, take public testimony, and close the public hearing; and, 2. Approve and authorize the City Manager to execute a contract with Siemens lndustry lnc. to complete the initial analysis required for converting City street lights from high pressure sodium to light emitting diode (LED) technology where the anticipated cost to the City for the energy efficiency services provided will be less than the anticipated cost savings resulting from the implementation of the energy efficiency measures. EXECUTIVE SUMMARY: The City Council last considered an item to convert City street lights to light emitting diode (LED) technology on April 18, 2017, at which time the Council received presentations from three contractors and viewed a street light LED demonstration on Paseo Adelanto. Based on four technical proposals submitted, staff ranked the proposal by Siemens lndustry Inc. (Attachment 1) the highest based on qualifications, experience, references, proposed cost savings, and other relevant factors. After considering the competitive proposals and demonstrations by the proposers, the City Council selected Siemens lndustry lnc. for the conversion project and directed the City Manager to return to the Council with a proposed project schedule, contract with City Council Agenda Report July 18,2017 Page 2 of 7 Siemens lndustry lnc. for the conversions, and with a financing agreement with Siemens Financial Services. Staff recommends that the City Council approve a contract (Attachment 2) with Siemens lndustry lnc. to conduct the initial lnvestment Grade Audit (lGA) and associated analysis required to carry out the conversion of City street lights from high pressure sodium to LED technology in a manner that will ensure that the anticipated cost to the City for the energy efficiency services provided will be less than the anticipated cost savings resulting from the implementation of the energy efficiency measures. Once this analysis is complete, staff will return to the City Council for consideration of the agreements required to acquire, install and finance the new street lighting technology. DISCUSSION/ANALYSIS: 1. Background The City currently owns and maintains 1,583 street lights. Of these, 1,158 are traditional high pressure sodium (HPS) lamps and 425 are induction lamps. The City spends roughly $100,000 annually for electricity for the street lighting and pays Excel Electric $65,000 annually to maintain the street lights. The prevalent competing street lighting technologies are HPS, induction, and LED. Developments in LED technology over the past 10 years now make LED lighting a significantly more cost effective technology than HPS lighting because of energy savings and the much longer service life of LED lights. The existing 425 induction street lights should last another 10 years while providing energy efficiency nearly comparable to LED lights. These induction lights could be considered for conversion after the current lights begin to reach the end of their service life. LED lighting offers the following benefits when compared to our existing HPS lighting: Reduced enerqv consumption: LEDs achieve equivalent illumination while using approximately 50% less electrical energy than HPS lights a Lower maintenance costs: LEDs last a pproximately 20 years compared to about four years for HPS lmproved liqhtinq qualitv: LEDs provide more uniform light and color rendering Reduced liqht trespass: LEDs reduce the amount of light in unwanted directions, minimizing light pollution. Staff released a Request for Proposals for converting City street lights from HPS to LED technology on December 1, 2016. The City received four technical proposals and four separate fee proposals on January 26,2017. Staff reviewed and evaluated the technical proposals and ranked each one based on the firm's qualifications, experience, project understanding and approach, proposed schedule, and references. Staff met with the top ranked firm, Siemens lndustry lnc., to review the scope and proposed fees. A check of the references for Siemens also indicated that they are well qualified to do this work. a a a City Council Agenda Report July 18,2017 Paqe 3 of 7 2. Vendor Qualifications Siemens lndustry lnc. is one of the world's largest producers of energy-efficient, resource saving technologies. The Siemens ITS branch of the company has conducted thousands of street light retrofits and over 1,500 guaranteed energy performance contracts. They are a leader in the LED street light conversion field and utilize professionally certified engineers, project managers, and electricians to execute conversion projects. Some key benefits of partnering with Siemens on this project include their in-house installation staff, highly-qualified project management staff, and project financing through Siemens Financial Services. Following is the proposed conversion process and implementation program. 3. Project Overview Siemens will utilize the Energy Services Contract (ESCO) implementation approach for this project. This approach allows the City to implement a citywide LED street light conversion without the need to pay up front capital costs. Specifically, this project would be funded using the resulting energy and operating cost savings to pay for the project over a 1O-year period. Siemens' approach includes conducting a comprehensive energy audit and system design that identifies improvements to save energy. ln consultation with the City, Siemens designs the project and subsequently secures financing through Siemens Financial Services. Once expected energy saving are verified and financing is in place, the project installation is executed with a system warranty. After the 1O-year contract ends, all energy and maintenance cost savings are retained by the City. A general overview of the proposed project approach is outlined below: Project Development: lncludes a system-wide field audit with GIS data collection, photometric design, LED selection, lnvestment Grade Assessment report, SDG&E billing audit and rebate advocacy from Siemens, and project financing. lm mentation Includes material procurement, installation planning and GIS installation tool, and recycling and disposing of materials o Proiect Comoletion: lncludes de livery of final as-built documentation, GIS database, and utility rebate submittals. Warranty and Maintenance: lncludes 10 years material and one year labor The contract to be considered by the Council at this meeting covers the first phase of this project: Project Development, as described above. This work will be done in order to fully define the technology to be used and the savings that will be generated by the conversion. When the financing agreement and the specific system design come forward to the Council, the cost of this first phase will be incorporated into the overall financing. a o o City Council Agenda Report July '18,2017 Page 4of7 4. Photometric Analysis Siemens will determine existing streetlight placement, height, and street width, and will conduct an analysis of the proposed replacement lights to illustrate improved lighting levels that will provide safe and adequate light on City streets. During this process, Siemens will assist City staff in reviewing and determining the appropriate balance between lighting levels and energy savings. During this phase of the project the City's overall goals and site specific variations will be taken into consideration, such as school areas, crosswalks, and public safety considerations. The Siemens design team will meet with City staff to gain an understanding of project goals and objectives and will discuss lessons learned from other municipalities' previous experiences with LED street lighting. The design team will review the current street light system to assess lighting levels and associated factors regarding route classification, adjoining land uses, pedestrian activity, and any special considerations the City determines to be relevant. Siemens staff will also perform field measurements and computer modeling of representative areas to determine current lighting levels during the Photometric Analysis phase of the project. Utilizing City approved LED fixtures and associated test data from prospective manufacturers, the design team will use the photometric computer modeling to estimate the illumination of City specified LED fixtures ensuring that City approved lighting levels are met and maintained. Additionally, Siemens provides a supplementary design step called a geographical assessment. This process involves a visual map that identifies each location based on style, wattage, and lamp type. A map with this data helps to identify locations that have a different wattage of lamp than surrounding fixtures. This will allow the designers and City staff to determine whether to continue with the one-for-one retrofit approach based on the existing system, or whether to modify individual locations to better match the surrounding environment. 5. Next Steps & Project Schedule The ESCO implementation approach allows the City to negotiate a contract with a single entity that will implement energy efficiency measures that can be paid for through the cost savings from those measures, rather than following more traditional public bidding procedures that would require the City to pay up-front capital costs. ln order to utilize the ESCO approach, the City must hold a public hearing and find that the anticipated cost to the City for the energy efficiency services provided will be less than the anticipated cost savings resulting from the implementation of the energy efficiency measures. The 'anticipated cost savings' are outlined in in the FISCAL IMPACT section of this report. As noted above, the proposed initial professional services agreement provides that Siemens will conduct the initial project development and IGA work that is necessary to determine the specific technology that will best achieve the City's goals. Once this work is completed, the City would enter into a lease-purchase financing arrangement with Siemens Financial Services whereby the City makes lease payments to Siemens over a 1O-year term that are less than the energy savings derived from the LED street light City Council Agenda Report July 18,2017 Page 5of7 conversion. At the end of the term, the City will own the LED light fixtures. This financing structure will require a separate approval by the City Council. In order to advance this project, staff recommends that the City Council approve a professional services agreement with Siemens lndustry lnc. for the project development work required to convert City street lights from high pressure sodium to LED technology where the anticipated cost to the City for the energy efficiency services provided will be less than the anticipated cost savings resulting from the implementation of the energy efficiency measures. lt is anticipated that the system evaluation, design, and conversion will take approximately five to six months. Siemens will convert the existing fixtures with LED products that are qualified by the Design Lights Consortium, are listed by a nationally recognized testing laboratory as suitable for wet location applications, have a minimum 10 year warranty, and are eligible for utility rebates. The cost proposal received by Siemens is based on selected materials approved for retrofit kits for City street lights; however, should staff recommend another fixture type based on certain goals and objectives or findings identified during the photometric analysis phase of the project, the cost may increase or decrease. Therefore, once staff has made that determination (i.e. photometric analysis, review of fixtures, rates, and savings from proposed lighting), this item will return to the City Council in Fall 2017 for approval of the specific products being purchased, the number of replacement lights, and the lease-purchase agreement financing structure. FISCAL IMPACT: There would be no up-front cost to the City for the conversion of the City's HPS street lights to LED technology. The cost of the initial phase of work covered in the proposed professional services agreement is $33,315.10. lf the City Council decided not to approve the final project implementation and lease purchase financing when the item comes back to the Council in Fall 2017, then the City would pay Siemens for the work completed on project development. lf the City Council does approve the project implementation, then the costs set forth in the professional services agreement would be incorporated into the lease purchase costs. The overall project would provide costs savings through reduced energy and maintenance costs. Based on the initial response to the RFP, staff estimates that the City would pay Siemens $60,200 annually from the energy savings for 10 years as compensation forthe conversion work. The net annual savings for the City is projected to be $44,800 as outlined in the table below. Table of Current and Pro Annual Costs Item Current Proiected Difference Enerqv Cost $100,000 $ 45,000 $55,000 Maintenance Cost $ 65,000 $ 15,000 $50,000 Payment to Siemens $0 $ 60,200 ($60,200) Totals $165,000 $120,200 $44,800 City Council Agenda Report July 18,2017 Paqe 6 of 7 The attached agreement provides a scope of work for the project development phase and compensation for that work. Specific financing terms will be included in the subsequent lease-purchase agreement, which will be presented to the City Council in Fall 2017. As noted above, if Siemens presents a replacement plan and financing for the proposed project that meets the objectives set forth in the Scope of Services and are satisfactory to the City, and the parties do not execute it within sixty (60) days after completion of the draft performance contracting agreement, then the City is obligated to pay Siemens a fee of $33,315.19 for the project development phase of this project. Alternatively, if Siemens provides a performance contracting agreement and financing arrangement that meets the objectives set forth in the scope of services, and the parties execute the agreement, then the costs associated with this Agreement will be incorporated into the price of the lease-purchase agreement. ENVIRONMENTAL IMPACT: ln accordance with the California Environmental Quality Act (CEQA), the recommended action is exemptfrom CEQA per Section 15061(bX3), the general rule that the CEQA applies only to projects that would have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Authorizing the City Manager to negotiate and execute a contract with the highest ranking firm, Siemens lndustry lnc. for converting City street lights from high pressure sodium to LED technology would not be an activity with potential to cause significant effect on the environment, and therefore is exempt from CEQA. CITY COUNCIL REVIEW: o a On March 6, 2012, the City Council approved lnduction as the preferred energy efficient street lighting for conversion of street lights in the city. On August 18, 2015, the City Council received a presentation from Marc Franz, Stratatron ATC, on a Mission Bell LED conversion kit, and directed staff to prepare bids/proposals for a citywide street light conversion project once they receive recommendations from a Mayoral Subcommittee. On August 16,2016, the City Council directed staff to conduct a full assessment of the various types of street light technology available that could achieve cost and energy savings, such as the goals of LED conversion, and to provide an estimated timeline for City Council consideration, along with options and cost ranges in November 2016. On November 15, 2016, the City Council received staff's presentation regarding street light conversion options and directed staff to request proposals for an LED conversion project and to return to the Council with recommendations for award of a contract. On March 7, 2017, the City Council received a staff report with proposals from four firms, at which time the Council continued the item to a meeting in April and directed a a a City Council Agenda Report July 18, 2017 Page 7 of 7 staff to arrange for presentations by one or more of the four proposers and demonstrations by proposers of their capabilities for installing LED street lights.  On April 18, 2017, the City Council received a staff report for citywide street light conversion and received presentations from proposers regarding their proposals and capabilities. The Council viewed a demonstration of LED technology and authorized the City Manager to negotiate a contract with Siemens Industry Inc. for converting the City’s street lights from high pressure sodium to LED technology: The Council also directed the City Manager to return to the City Council by June 20, 2017, with a proposed project schedule and recommendations for consideration of a contract with Siemens Industry Inc. for LED street light conversion and consideration of financing agreements with Siemens Financial Services. This item was delayed to accommodate the schedules of Siemens representatives. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission review. NOTIFICATIONS: Jon-Eric Santanello, South Coast Lighting & Design Marc Franz, SCS Lighting Solutions David McCormick, All Green Lighting Clinton Hanf, The StressCrete Group Harrison Taylor, WESCO Distribution Inc. Bob Semerau, EarthlightLED John Pewtress, California Electric Supply Chris Wiehl, Utility Cost Management LLC Jason Newman, Lead Generation Manager/Sales Brian Berlin, Siemens Industry Inc. Alex Valenti, Siemens Industry Inc. Tim Hatamian, PLEMCo Thomas Hamar, RTK Energy Jamie Moir, California Electric Supply Alex Wurzel, Tanko Streetlighting ATTACHMENTS: 1. Siemens Industry Inc. Proposal 2. Draft Professional Services Agreement SIEMENS la6ø'.u,17{..U(. usa.sieme ns.com/intel I igenttraff ic ATTACHMENT 1 Page 1 of 28 SIEMENS la¡u,-rÉy{'.t"(z City of San Juan Capistrano Attn: Tom Toman Assistant Public Works Director Public Works and Utilities Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 lntelligent Traffic Systems Address: Telephone: FaX: E-mail: Date: Dimitrios Andrikos, Director BPM Craig Debevoise, Director Finance I ntell igent Traffic Systems 9225Bee Cave Rd, Building B, Ste 101 Austin, TX 78733 (512) 837-8300 (512) 421-6617 Dimitrios.Andrikos@siemens.com Craig. Debevoise@siemens.com January 26,2017 Mr. Tom Toman; Siemens is pleased to offer our response to your RFP, Converting City Street Lights from High Pressure Sodium to LED Technology. Below please find the information required for this cover letter: ldentification of Consultant Headquarters Siemens lndustry, lnc., lntell¡gent Traffic Systems 9225 Bee Cave Rd, Building B, Ste 1 01, Austin, Texas 78733 s1 2-837-8300 Local Office that will run proiect 2200W. Orangewood Ave Orange, CA 92868 Contact Person Alex Valenti, Account Manager 8045 Terrace Dr, El Cerrito. CA 94530 415-246-7257 Validity This proposal will remain valid for 120 days from date of opening Summa of Factors ATTACHMENT 1 Page 2 of 28 Experience Siemens 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. Over the past five years, Siemens has successfully completed LED street light conversion projects in 80 communities, totaling over 110.000 LED street lights installed over this period. Siemens is currently in contract negotiation for 10 additional street light projects. The key benefits of partnering with Siemens are: pointing n ho se project g ghnanthrou Sieme Fi na n Servicesuficinsn The project manager for this project will be Bryan Berlin who resides in San Clemente, CA, and has over 10 years of project management experience withint the street lighting industry. The account .manager for this project will be Alex Valenti, who resides in El Cerrito, CA, and has 8 years of experience in street lighting and energy services. Project U ndersta nd i ng Photometric Anolysis Determine existing streetl¡ght placement, height and street width and conduct analysis of the proposed replacement lights to illustrate improved lighting levels that provide safe and adequate light. All LED products selected by Siemens are DLC listed. lJnderstonding of This Project Siemens understands this project to include the conversion of the 1,158, street lights to LED within the City of San Juan Capistrano, Siemens proposes 4 technicians for the duration of the project. ln addition to technicians, Siemens will also have a field supervisor, project manager, commercial project manager, project coordinator, and warehouse staff supporting the project. 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. Records ond Rebotes Siemens will conduct a detailed investigation of San Diego Gas and Electric (SDGE) billing records, maps and City records to establish the list of street lights for replacement/upgrade, which are eligible for rebates from various sources. Onsite Physicol lnventory Siemens will conduct an on-site physical inspection/inventory of all street lights for final verification of GPS coordinates (Latitude/Longitude within 5ft.), location (closest address), wattage, luminaire physicalattributes, pole and or light number, luminaire type, pole type, pole and or bracket height, pole condition (identification of light poles at risk for failure, etc.). City Approvol of Finql Project Detoi/s Siemens will submit the final project details and scope of work to the City for approval prior to implementation. Project lmplementation Communication Siemens will carry out instructions from the City and will communicate fully throughout the project. Materiols Siemens will purchase qualified luminaires and all needed equipment to complete the install. Siemens will also follow proper waste disposal procedures and assist the City in applying for rebates. Progress Tracking lnstallation 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. Construction Phose During the construction phase, the project is installed per schedule, scope, and price. Progress billings are processed based on completed schedule items. Punch list items are corrected on an ongoing basis. The Siemens enerqv enqineer and other individuals that were involved in the ATTACHMENT 1 Page 3 of 28 design of the job walk the construction site to confirm that construction is being installed according to the intended scope and design. Construction meetings are conducted and chaired by the Siemens project manager to assess progress, report on status of activities, discuss modifications and/or proposed changes, as necessary, and maintain the air of partnering throughout the term of the project. Final Acceptonce Siemens will: needed. preparation of the "punch list" of work to be completed for acceptance. Troining Siemens will train City personnel in all aspects of routine operation, maintenance and safety of LED luminaires and or retrofit kits. Workmonship Worronty Siemens will warrant all labor and workmanship and replace defective luminaires and or retrofit kits and parts thereof for a period of one (1) year from the date of project acceptânce. Siemens will also provide representative samples of spare luminaires stored for future use (in stock) for maintena nce and wa rra nty pu rposes. References Siemens has provided 3 references in our response, as well as a list of street light retrofit proiects that have been completed in the last 5 vears. Declaration Only the person, persons, company or parties interested in the proposal as principals, are named therein. This proposal is made without collusion with any other person, persons, company, or parties submitting a proposal and it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the principal proposer. Ag reement Modification Siemens proposes the following modifications to the terms and conditions as laid out in the RFP: lnsurance Terms On page 27-28,ltem 11. lnsurance. Sub item Commercial Liability. Commercial General Liability lnsurance must include coverage for the following: (1) Bodily lnjury and Property Damage (2) Personal lnjury/Advertising lnjury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) lndependent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) productsicompleted operations lia bility; ATTACHMENT 1 Page 4 of28 (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles er previde eeverage exgess ef a self ,andprovidedthatsuchdeductiblesshallnot apply to the City as anadditional insured. As o globol, multi-billion dollor orgonizotion, Siemens corries stondord insuronce ond deductible for o firm of our size ond for this type of project. While our deductibles might be lorger thon smoller, Iess finonciolly secure componies, Siemens has never failed to, nor defoulted on o fee. On oaqe 28, ltem 1 1. lnsurance. Sub item Automobile Liabilitv. l (iv) SHbje€t te written eppreyel by the City' the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additionalinsured, but not a self- insured retention. As a global, mutti-bittion dollar organization, Siemens carrles standard insurance and deductible for a firm of our size and for this type of project. While our deductibles might be larger than smaller, less financially secure companies, Siemens has never failed to, nor defaulted on a fee. On page 31, ltem 1 1 . lnsurance. Sub item Additional lnsurance Provisions @ Siemens shatt provide lnsurance certificates, as ls cusforïary in such projects, which shall list the City, as an additional insured. With kind regards, Dimitrios Andrikos Director, Bid and Project Management Siemens lndustry, lnc. lntelligent Traffic systems 9225 Bee Cave Rd Bldg B, Ste 101 Austin, fX78733 Craig Debevoise Director, Finance ATTACHMENT 1 Page 5of28 IJæ"- Table of Contents Cover Letter STATEMENT OF QUALIFICATIONS ... Firm and Personnel Experience ...... Experience Overview... Siemens Street Light Experience ......... CDM Smith: Street Light Audit Subconsultant.. San Juan Capistrano Project Team........ Key Project Teom Members .......... Project Understa nding Statement. Project Requirements ............ Project Planning a nd Coordination..... Project lmplementation........... Post lnstallation ........... Assumptions ............... Exceptions Schedule... Releva nt Project Experience References General lnsurance Certificate ..2 ..7 ..8 ..8 10 11 ..12 .. 13 .. 15 15 19 21 22 22 22 23 24 26 27 Page | 6 ATTACHMENT 1 Page 6 of 28 srATE M ENT OF QUALI FICATIONS It ! Page | 7 ATTACHMENT 1 Page 7 of 28 Firm and Personnel Experience Experience Overview Founded in Germany in 1847, Siemens has been at the forefront of electrical technology since inception. Síemens is a global powerhouse focusing on the areas of electrification, automation and digitalization. One of the world's largest producers of energy-efficient, resource- saving technologies, Siemens is a leading supplier of systems for power generation and transmission as well as medical dia.gnosis. ln infrastructure and industry solutions the company plays a pioneering role. ln 1881, a Siemens AC Alternator, driven by a watermill, was used to power the world's first electric street lighting, introducing to the world a new way to make nighttime streets safer and useful. Fast forwarding to today, Síemens can look back on almost 170 years of experience in the implementation of pioneering technologies. Siemens has expanded its markets to include vehicles for rail traffic, road traffic control and information systems, turnkey mobility systems, and integrated mobility solutions, a few in our vast portfolio. As of September 30,2O16, Siemens had approximately 350,000 employees in more than 200 countries, and revenues of over $86 billion. National presence: Siemens lndustry is a division of Siemens AG. Siemens lndustry, lnc. (Sll) 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. Siemens acquired Automatic Signal/Eagle Signal Corporation in 1997 , Gardner Transportation Systems in 2000, and Republic lTS, a U.S. leader in streetlight equipment installation, maintenance, and service in 2010 to enhance its presence in the US market. 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 managmenet, 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 200 in field offices around the country. 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 utility territories 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. Page | 8 ATTACHMENT 1 Page I of 28 SlEMils l|Irrri+ Siemens has successfully completed LED street light conversion projects in 80 communities, totaling over 11O,0OO LED street lights installed overthis period. Siemens is currently in contract negotiation for 10 additionalstreet light projects. The key benefits of partnering with Siemens are: Page | 9 ATTACHMENT 1 Page I of 28 Who we are and what we do: ' Siemens Moblllty- ¡TS Buslness Portfollo slEMEfi¡s re ^a3 a t? \,1$ ô ¡ .9 Scrviccs gtr,{rlffi Effilre Energy Services ¡.¡¡ Tr.offic Signol Conlrols Trol{ic Signol Moinlenonce T¡otlic Monogemenl Congeslion Miligolion tïs lntegrotion Slreetlight (-onversiotts Engineering ond Consulling Services I Repoir Services I lnslollqlion ond Commissioning I Moinlenonce lProjecl Monogemenl I tions Volue-Added Services Connected Vehicle and Connected Signal Technology Local presence: Siemens has multiple locations across the state of California, including our office in Orange, from which we wil! manage this project. Siemens was the previous traffic signal maintenance provider for the City as well and is intimately familiar with the City. ln addition,our Project Manager, Bryan Berlin, lives 15 minutes from San Juan Capistrano City Hall as well. West Coast City State No. of Lights Merced CA 7,000 Ca rlsbad CA 6,700 San Mateo CA 3,898 Manteca CA 2,900 Novato CA 2,104 Figure 1 Gurrent Maintenance Customers East Coast City State No. of Liqhts Providence RI 16,780 Cape Liqht MA 16,089 New Bedford MA 10,051 Ma nchester NH 9.000 Newton MA 8,440 'ü.'v, ai o t ;T1''"' 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 community of San Juan Capistrano. ?? h Siemens has a strong presence in California, particularly in the streetlight maintenance field. The map shows the locations of Siemens 108 current service customers. Figure 1 shows the current traffic signal and street light maintenance contracts currently held in Southern California; the red flags represent customers ín Orange County, the blue Riverside County, and the green those in San Diego County. Siemens Street Light Experience The Siemens ITS Energy Services team is a dedicated organization within Siemens ITS who works exclusively with local agencies to assist in the development of LED street light conversion projects. To date, the Siemens ITS Energy Services team has completed over $60 million in street light conversion projects. We specialize in maintenance, and therefore have a long term view in selecting a lighting solution that will meet the cities needs over many years. Nationally, Siemens has completed:n LED conversion of over 1 10,000 street lights . Over 5OO,0OO traffic signal LED conversions. Over 300 street and traffic light maintenance contracts with public agencies in the US. A snapshot of our projects wlth 2,000 fixtures or more follows: ?? .t ?'1" s j t Ii "i?i9'.r"I?Y "h;' Page | 10 ATTACHMENT 1 Page 10 of 28 FF¡F- lnd ustry Reputotion and Accreditotion Below are descriptions of accreditations and pre-qualifications held by Siemens. active member in a number of leading industry associations at the national and including: Other Organizations: . Alliance to Save Energy We are an local levels, . Carbo n Disclosure Proiect Energy Star lndoor Air, Oualitv Association Association of Energy Engineers Dow Jones Sustainabilitv lndex Federal Energy Management Pro US DOE Rebuild America Program a a a a a a CDM Smith: Street Light Audit Subconsultant Siemens has chosen CDM Smith as out subcontractor for the audit portion of this project. The Siemens-CDM Smith partnership is not a new collaboration; recently Siemens and CDM Smith have worked together on many streetling conversion projects. The Siemens-CDM Smith team has developed a customized, cloud-based ArcGlS online (AGO) program that gives accurate information of the city's current streetlight system and fixtures, and is updated in real time by field personnel during auditing and retrofitting work. CDM Smith is a global water, environment, transportation, energy and facilities firm helping public and private clients improve the environment and infrastructure. Founded in 1947 as a three-person firm, the company has grown and diversified into a multidisciplinary staff of 5,000 Page | 11 ATTACHMENT 1 Page 11 of28 HHirh National Agsoc¡ation of Energy Sorvlce Companier I\AESCO Nl' Siemens ís 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 lndustry, Mobility Division is part of a small, elite group of companies with this accreditation. Of the 100 NAESCO members, only eighteen are accredited, and onlv eleven of those, includinq Siemens lndustrv. hrrro rr hieved the hi at hest level nf ¡rrradif¡tinn âc 1n Fnornrr Qarrriro Provider (ESP) 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 contractlng. Siemens supports the Energy Services Coalition (ESC) at both the national and local levels. in over 125 offices worldwide, including local offices in lrvine, and Carlsbad. CDM Sm¡th's project office for this effort would be located in lrvine, CA. CDM Smith offers expertise and flexibility, from initial concept through design, construction, commissioning, and operations for a variety of environmental engineering services to federal, regional, state and municipal agencies; industries, public, and private organizations; and individuals. Their services have supported projects ranging from small pilot-scale studies and specialized consultation to complex national studies requiring a multidisciplinary approach. CDM Smith has grown from a New England-based firm to a global Engineering News-Record (ENR) top 100 design-build firm generating more than $l billion in annual revenues. They have the resources required to meet any need that arises during the life of a project. As a full-service engineering and construction firm, they deliver exceptional client service, quality results and enduring value across the entire project lifecycle. San Juan Capistrano Project Team Page | 12 ATTACHMENT 1 Page 12 of 28 Alcr Vsle¡rti âccornt filrn¡ûer 'l0¡b d h¡s lirE torttrc dur¡lion of he p¡oiect RichÐrd O'Hc¡tñ Ette¡W En0¡ne€f 2$95% af hh limeforüe ùr8lf'fi otttlatroiËrt- dependent on tlågc al pn9¡cst CIt¡l Smiür å*¡dit Subconf¡ctor Tim Ko¡rn¡n Fbld Superviror 1009å of hÈ üme hr the durstbn ût lhe ¡nstdlsl¡on- Eric PeeEatore ffXl%, of histlme T¡¡ft lnçtallstion Techncisn lnstallalion Technici¡r¡ lnstallstiort Technician Cador'lletrin AuditTeam Laad Itl{l¡$ of his li¡ne dwing the Ardit Phaso lnstallation Techncianlnstallation Technician FÇ'Þ Key Project Teom Members Siemens ITS Brvan Berlin. Seni r Proiect Manaoer Responsibilities: Residing in San Clemente, Mr. Berlin will be responsible for the overall project, maintaining the project budget, resources, and managing material purchasing. Mr. Berlin will build a detailed project plan, provide key management/supervisory responsibilities at the work site to coordinate, schedule, monitor, and report the work throughout the lifecycle of the project. Mr. Berlin will communicate on a continual basis to City personnel and anyone impacted by the project and authorized by the City to obtain such updates. Experience: Mr. Berlin has over 10 years of project management experience within the street lighting and ITS industries. ln 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 lnstitute (PMl) 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. ln prevÌous employment Mr. Berlin worked as a Project Manager for Service 1't 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. Alex Valenti, Account Manaqer Responsibilities: Mr. Valenti will be the primary interface for all elements of the street light project. The responsibilities of the Account Manager include coordination with the project team, confirming project requirements with the City, monitoring milestones, and providing open communication with the customer. The Account Manager will address legal issues including all contract- related documents, assist in the transition from one phase of the project to the next, and ensure that all documentation is in order Experience: Currently Mr. Valenti serves as the Western US Account Manager and technical expert for LED street light conversion programs for Siemens. This involves developing lnvestment Grade Assessments (lGA) 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. Mr. Valenti has led Siemens in several streetlight design and LED conversion projects. ln previous employment, Mr. Valenti worked as a Project Manager for Energy Solutions coordinating energy efficiency rebate programs and developing California Title 24 energy efficiency building codes. This included managing large scale commercial lighting conversions and facilitating the participation of California lnvestor Owned Utilit¡es in building code development. Prior to Energy Solutions, Mr. Valentiworked as a Researcher at Lawrence Berkeley Page | 13 ATTACHMENT 1 Page 13 of 28 - l,J * Fçt*q' National Laboratory assisting in the development of Federal lighting standards, and detailed economic, technical and market based analysis. Richard O'Hearn,ior Enerov Enoineer Responsibilities: Mr. O'Hearn serves as the lead technical resource for street light design, energy analysis, tasks associated with billing adjustment requests and utility rebate applications. He also completes technical assessments of the various vendor options on the custome/s behalf to provide objective analyses to inform the customer concerning tradeoffs between the upfront fixture cost and eff iciency. Experience: 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 value and expertise to each opportunity he has been assigned. lnvolved in overseeing the GIS lnventory Audit, fixture selection, utility analysís, energy calculations, energy assessments, lnvestment Grade Audits, guaranteed energy savings analysis and management, and the overall project energy management, Mr. O'Hearn is a critical team member. As a Certified Energy Manager, Mr. O'Hearn has ensured Siemens success in meeting timelines, budgets, and clíents'expectations across the United States, and has special expertise in design projects. Tim Kosma Field Su so Responsibilities: Mr. Kosman's duties include the supervision of field technicians, overseeing warehouse operations, communicating issues with scope and ensuring safety protocols, as well as project team lead in the absence of Mr. Berlin. Mr. Kosman may also perform outdoor lighting installation work, dependant on the scope of the individual project. Experience: Mr. Kosman has been with Siemens for 6 years and has over 27 years of extensive experience ín construction, specifically street lighting projects and traffic signal and street light maintenance. Mr. Kosman is adept at managing field personnel for LED conversions. Mr. Kosman has been involved in many street light projects in California, including the San Diego Street Lighting General Requirements Contract. ln previous employment Mr. Kosman worked as a foreman for several electrical contractors. cDM Sm¡th Eric Pescatore, GIS Manaqer Responsibilities: Mr. Pescatore serves as the manager of street light GIS audit services for CDM Smith. Mr. Pescatore will develop the GIS installation map, manage the audit crews, perform quality checks, and be the point of contact for audit services. Experience: Mr. Pescatore has over 13 years of experience developing GIS data and applications for municipal clients. Eric is proficient with ESRI's ArcGlS suite of programs, ArcGlS Desktop, ArcGlS Pro, ArcServer, ArcGlS Portal, various ESRI extensions and Web API developer environments, and is well versed in the development of ArcGlS Online (AGOL) solutions. Mr Pescatore has overseen and implemented street light audit and conversion programs in over 20 Page | '14 ATTACHMENT 1 Page 14 of28 ¡'F-' communities throughout New England, with a cumulative fixture total of over 70,000 street lights. Carlos Melvin, Environmental Enqineer . Responsibilities: Mr. Melvin will be the audit team lead for CDM Smith, working closely with Mr. Pescatore to ensure a complete and accurate audit. Experience: With over 10 years of project management experience, Mr. Melvin represents the outstanding quality of CDM Smith's engineering staff, that clients across the county have come to expect. He is an environmental and civil engineer with experience in the areas of water, wastewater, construction, quality control inspection, solids, soil, and hazardous waste management. Mr. Melvin has certifications in NAVFAV Construction Quality Control Management and First Aid/CPR, as well as being bilingual (Spanish). References for our Project Teom can be provided upon request, os we were not oble to ínclude due to the poge limit. Project U ndersta ndi ng Statement Project Requirements Photometric Analysis Siemens will determine existing streetlight placement, height and street width and conduct analysis of the proposed replacement lights to illustrate ímproved lighting levels that provide safe and adequate light. Siemens' design philosophy is to assist our customers in determining the appropriate balance between lighting levels and energy savings. This is a collaborative process which utilizes relevant design guidelines, such as the llluminating Engineering Society of North America (IESNA) RP-B guidelines. RP-8 recommends illuminance/luminance levels based on route classif ication and level of pedestrian conflict. Some roads may transition from commercial to residential and the lighting levels adjust accordingly. Additionally, the community's goals and site- specific variations are taken into account, such as school areas, crosswalks, or public safety/crime issues. i ;.j ) lll i ìl' r The Siemens design team will first meet with City staff to gain an understanding of project goals and objectives and discuss any previous experiences with LED street lighting. The design team will review the current Page | 15 ATTACHMENT 1 Page 15 of 28 :r:-::a-ì:---- _ rlFF- streetlight system to assess lighting levels and associated factors regarding route class¡fication, adjoining land use, pedestrian activity and any special considerations the City deems relevant. Siemens staff will then perform field measurements and perform computer modeling of representative areas to determine current lighting levels. Utilizing City-approved LED fixtures and associated test data from the manufacturer, the design team will then use computer modeling to estimate the illumination of City specified LED fixtures to show that appropriate standards are met. This process will ensure that final specification for street light fixtures meets the energy efficiency goals while ensuring City approved lighting levels are maintain:ed. An example photometric modeling design is shown The Siemens design team provides an additional design step called a geographical assessment. This process involves a visual inspection of a map that identífies each location based on style, wattage, and lamp type. A map of this data provides a more recognizable visual element to this exercise than a spreadsheet, and helps in identifying locations that have a different wattage or lamp than their surrounding fixtures. ln these instances, the community will be able to decide whether or not they want to continue with the one-for-one approach based on the existing system, or if they want to modífy these indívidual locations to better match the surrounding environment. Historically, this step can bring an additional 2-3o/o in energy savings to the customer, which, over time, can translate into considerable energy and cost savings on top of the qualitative benefits of having a consistent system. Removal and Disposal Siemens will remove and dispose existing luminaires heads and any other discarded materials including all necessary and appropriate temporary traffic control devices/measures. Siemens utilizes Laurel Environmental a woman owned business that specializes in street light recycling. The selection of Laurel Environmental by Siemens will help the City to meet their M/W/DBE goals. Replacement Materials Siemens will convert the existing fixtures with LED products that are qualified by the Design Lights Consortium, are listed by a nationally recognized testing laboratory as suitable for wet location applications, have a minimum 10 year warranty, and be eligible for utility rebates. We understand that the City desires to approve retrofit kits prior to procurement, however our pricing is based upon our selected materials, should another fixture be preferred, the cost may increase. All LED products selected by Siemens are DLC listed. With the objective of a one-for-one energy conservat¡on measure under the assumption that the customer is generally satisfied w¡th existing light levels, a community-wide street light conversion project is executed under the primary ¡ntent of providing an optimal energy savings opportunity without sacrificing the lit environment. Page | 16 ATTACHMENT 1 Page 16 of 28 M!!!F!æ'.']1'';''' lnstallation Siemens provides a "turnkey" approach to project delivery- minimizing risk, staff-time, and inconvenience on the part of the client. The turnkey approach encompasses the full scope of energy project services, including energy audit, construction management, implementation, measurement and verification, training, and when requested, savings guarantees, and arranging financing. Following completion of final planning, the project manager mobilizes the project. Project scheduling, coordination of the project delivery team, material acquisition and storage, and site needs are discussed in detail with the City to ensure smooth project implementation without disruption to the occupants. Before construction begins, an internal review takes place that reconciles all project details. Materials are then ordered and the personnel are coordinated. Pre-construction meetings include Siemens, the customer, project personnel, and suppliers- and are conducted at the earliest opportunity to ensure that all parties understand the goals, objectives, time frames, contract stipulations, and conditions involved. Training program roll-out is planned/scheduled relative to project completion. To convert the 1,158, street lights within the City of San Juan Capistrano, Siemens proposes 4 technicians for the duration of the project. ln addition to technicians, Siemens will also have a field supervisor, project manager, commercial project manager, project coordinator, and warehouse staff supporting the project. 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. lnstallation 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. ln 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. ln addition, Siemens project management and supervisory staff will communicate on a regular basis with City staff and City existing street light maintenance contractor in relation to any issues found in the field that require attention. Page | 17 ATTACHMENT 1 Page 17 ol 28 E*_ ..,1r : : -:i=:t:+t*!gFj.: All materials removed that are able to be recycled will be recycled appropriately. Resulting hazardous waste and general refuse will be handled in accordance with allapplicable regulations and best practices. To facilitate the recycling effort, Siemens is partnering with Laurel Environmental, a WBE company specializing in streetlight recycling. Laurel Environmental will supply all applicable recycling certificates. Additionally Laurel Environmental will advise Siemens of any increase in scrap values, which will be passed along to the City. During the construct¡on phase, the project is ínstalled per schedule, scope, and price. Progress billings are processed based on completed schedule items. Punch list items are corrected on an ongoing basis. The Siemens energy engineer and other individuals that were involved in the design of the job walk the construction site to confirm that construction is being installed according to the intended scope and design. Construction meetings are conducted and chaired by the Siemens project manager to assess progress, report on status of activities, discuss modif ications and/or proposed changes, as necessary, and maintain the air of partnering throughout the term of the project. Meetings may be conducted weekly, evolving to "as agreed" once the project is underway. Owner meetings are conducted weekly, or periodica lly as def ined by the customer, to discuss issues such as payment, invoicing, access, progress, and "look ahead." Prior to filing a notice of completion, Siemens performs an inspection of the entire installation and develops an internal punch list to be addressed. Any issues found during the punch list review are addressed and signed off by the customer. Punch lists are not complete until both the customer and Siemens are satisfied with the completion of the construction phase of the job, per the scope of work. Our goal is to ensure quality results through a project management approach that closely manages all aspects of the project and ensure projects are completed on time and within budget. We have a wealth of experience managing and executing large construction projects, particularly energy efficiency lig hting retrofits. Notifications and Related Work Siemens will provide notifications, process paperwork, GPS and inventory existing street lighting to update the City's and SDGE's GIS inventories, revise the rates schedule for the new lights and apply for appropriate rebates and related work as necessary. Síemens believes thatcommunication is one of the keyfactors in a successful project and will regularly communicate with the City concerning status updates, any issues encountered and weekly progress meetings. Record Documents Siemens will provide As-Built documentation of installed LED luminaries, GIS data, and any applicable warranties, servíce maintenance and operations manuals. Page | 18 ATTACHMENT 1 Page 18 of 28 l:IF¡., % Compliance with Laws Siemens will comply with all laws and regulations including wage and labor (prevailing wage rate), DIR Registration, OSHA requirements and any safety measures. Project Financíng Siemens Financial Services can facílitate your municipality's investments in energy efficiency. You already recognize that investing in energy efficient street light equipment makes sound business and environmental sense. Siemens Financial Services (SFS) can help finance your investment in green energy efficient solutions from Siemens lTS. We are offering 2 options to the City, one with controls and one without. ln our investigation of this project, we came to the conclusion that a Retrofit with Controls could not be contained within a 10 year financing program, while the LED Retrofit without Controls would easily make the loan feasible within a ten year finanicing program. Documentotìon, detøÍls, and figures concernìng the financing are included in our Fee Proposol. Project Planning and Coordination Records and Rebates Siemens will conduct a detailed investigation of San Diego Gas and Electric (SDGE) billing records, maps and City records to establish the list of street lights for replacement/upgrade, which are eligible for rebates from various sources. Onsite Physical Inventory Siemens will conduct an on-site physical inspection/inventory of all street lights for final verification of GPS coordinates (Latitude/Longitude within 5ft.), location (closest address), wattage, lumínaire physical attributes, pole and or light number, luminaire type, pole type, pole and or bracket height, pole condition (identification of light poles at risk for failure, etc.). Siemens believes GIS technology is crucial to a successful outdoor lighting conversion project and recommends that all projects include a pre installation GIS field assessment. A field collected GIS database allows for successful project design, implementation and utility billing and tariff adjustments. Siemens engineers, field staff and subcontractors are experienced in the use of GIS software systems, such as ESRI ArcGlS. Siemens staff utilizes GIS technologies and software in 7 different steps throughout the project: 1. lnitial System Design a. lnitial G lS field data collection application designed and configured to meet unique characteristics of the City. b. Creation of field audit, LED conversion and Siemens management maps. c. Web based project dashboard developed to report on projects status and metrics, and then, at the end of this phase, provide a preliminary review of existing municipality and utility data. 2. Field Data Collection a. Pole-by-pole f ield assessment b. Asset attribute data collection Page | 19 ATTACHMENT 1 Page 19 of 28 lFç' c. GIS location assignment 3. Data Reconciliation a. Utility bill reconciliation with field audit data b. Finalization of GIS map and associated attributes 4. Data Analysis a. Analyze the City's street light infrastructure data b. create a benchmark for current energy consumption c. Develop lighting design and Energy Conservation Measure (ECM) d. Generate final installation map 5. Final Data Deliverable a. IGA report b. GIS database for implementation 6. lmplementation Monitoring a. lnstallation scheduling, monitoring and report generation b. Field issue identification and resolution c. Realtime citizen facing installation monitoring map 7. Utility Data Management a. Utility billing adjustment b. Utility tariff adjustment c. Final installation database Reconciliation of City Records Siemens will reconcile City records and inspection/inventory results with SDGE records to confirm ownership of targeted replacements and eligibility for rebates and lower cost tariffs. Siemens will also develop and submit required paperwork to reconcile street light billing records. Replacement Plan Siemens will prepare a Replacement Plan based on the replacement for typical lighting configurations, photometric analysis and the mapping data, for the target luminaíres. The plan will list each fixture, associated pole number, meter number (if applicable), GIS location and the existing and proposed items for each of the parameters collected during the inspection. Detailed Analysis Siemens will perform a detailed analysis which compares energy consumption and fíxture longevity between existing and proposed luminaires. We will develop a 15-year energy (Kwh and cost) maintenance cost and greenhouse gas (GHS) savings projection(s) to ensure results and cost effectiveness of project options. lnitial energy costs shall be based on the most current and applicable SDGE tariff schedule. We wíll include the assumed annual increase in electricity rates and justify the assumed rate increase. Page | 20 ATTACHMENT 1 Page 20 of 28 :] i t ara'p.e' City Approval of Final Project Details Siemens will submit the final project details and scope of work to the City for approval prior to implementation. Project I mplementation Communicat¡on w¡th the City Siemens will: other involved agencies. the work. Coordinated Project Development Process Siemens will ensure an efficient and coordinated project development process, the delivery of a high quality product, and development of the project components within budget and on schedule. Materials Siemens will: equipment, hardware, adapters, and any other materials necessary for a quality installation. may be necessary. luminaires and any potential hazardous materials. All excess property for this project shall become the property of the Contractor and shall be disposed in a manner that meets City, State, and Federal requirements. receive the applicable rebates and SDGE's reduced tariff schedule. Traffic Control Siemens will provide Traffic Control plans to be reviewed and approved by the City's Public Works Department. Permits Siemens will obtain necessary encroachments permits. Siemens assumes such permits will be "no fee" permits. Final Acceptance Siemens will: where repairs are needed. project and the preparation of the "punch list" of work to be completed for acceptance. Page | 21 ATTACHMENT 1 Page 21 of 28 ø ø ø --\ rl;rrF.e-s¡-- Training Siemens will train City personnel in all aspects of routine operation, maintenance and safety of LED luminaires and or retrofit kits. Workmanship Warranty Siemens will warrant all labor and workmanship and replace defective luminaires and or retrofit kits and parts thereof for a period of one (1) year from the date of project acceptance. Siemens will also provide representative samples of spare lumínaires stored for future use (in stock) for maintenance and warranty purposes. Post lnstallation Final Reports Following City acceptance of the ínstallation, Síemens will provide final report(s) to the City per CEC or Vendor including financing requirements. Rebates Siemens will prepare all documentation required to receive rebates and reimbursement funds from the CEC, SDGE, or others as applicable, on behalf of the City. Siemens will collaborate with SDGE to process the tariff change an amend billing records with SDGE. --_kFr,---" GIS Records Siemens will provide electronic post-installation GIS records for all street lights. GIS records are to include all parameters collected in the inventory. Loan Repayment Siemens will determine loan repayment amounts for the life of the loan and communícate these to the City. Assumptions 1 . Siemens' pricing is based upon the fixture counts and types provided in the RFP, should these counts or types vary, our pricing will also change. 2. "Other" fixtures removed per Addendum 5. These fixtures may be added by the City after the Audit at an additional cost. 3. Siemens has included the first year of the Software Service fee in our pricing. 4. Siemens secured financing for the "Uknown Wattages" in the inventory as a reference point. Siemens assumed that the these fixtures were 250W HPS, in order to secure the most f unds for the project. Exceptions Siemens exceptions to the Terms and Conditions were included in our Cover Letter. No further exceptions or modifications are needed. Page 122 ATTACHMENT 1 Page 22 of 28 F; (o o o: E Nñ Oz J N) l Oo r Fi n i s h Ta s k Sp l i t M¡ l e s t o n e Su m m ã r y Pr c j e c t Su m m a r y Ma n u a l Su m m a r y Ro l l u p - Mâ n u a l su m m a r y ¡ r St a r t - o n l y E Fi n i s h - o n ! l Ex t e r n a l Ta s k s Ex t e m a l Mi l e s t o n e Þe a d l i n e Pr o g r e s s Ma n u a l Pr o g r e s s I + -- ln a c t i v e Su m m a r y Ma n u a l Ta s k Du r a t i o n - o n l y åg W f f i ln a c t i v e T a s k , In a c t i v e M¡ l e s t o n e Pr o j e c t : SJ C LE D Sc h e d u l e Da t e : We d !/ 2 5 / 1 7 Pa g e 1 l- 523 ì 4 i 6, 10 11 t2 13 L4 16 Ju a n Ca p i s t r a n o LE D St r e e t l ¡ g h t Re p l a c e m e n t Co n t r a c t Ex e c u t ¡ o n No t i c e to Pr o c e e d Ki c k o f f Me e t i n g Si t e ln s p e c t i o n SD G E Bi l l i n g ln v e s t i g a t i o n Up d a t e GI S ln v e n t o r y / A u d i t Ph o t o m e t r i c An a l y s i s Fi n a l i z e Fi x t u r e De s i g n an d Pr o j e c t Co s t s Pr o c u r e m e n t of Fi x t u r e s Fi x t u r e Re p l a c e m e n t Mi s s i o n Be l l - 70 Wa t t (6 0 6 Fi x t u r e s ) Mi s s i o n Be l l - 10 0 Wa t t (2 7 9 Fi x t u r e s ) Mi s s i o n Be l l - 17 5 Wa t t (1 6 Fi x t u r e s ) Mi s s i o n Be l l - 20 0 Wa t t (7 6 Fi x t u r e s ) Mi s s i o n Be l l - 25 0 Wa t t (5 8 Fi x t u r e s ) Mi s s i o n Be l l - Un k n o w n Wa t t (5 9 Fi x t u r e s ) Ot h e r - 10 0 Wa t t (1 9 Fi x t u r e s ) Ot h e r - 17 5 Wa t t (9 Fi x t u r e s ) Ot h e r - Un k n o w n Wa t t (3 6 Fi x t u r e s ) Qu a l i t y Co n t r o l ln s p e c t i o n s Fi x t u r e Re c y c l i n g / D i s p o s a I Pr o j e c t Co m p l e t i o n Ta s k s Su b s t a n t i a l Co m p l e t i o n of ln s t a l l a t i o n C¡ t y ln s p e c t i o n Ad d r e s s Pu n c h l i s t lt e m s Pr o v i d e As - B u i l t Do c u m e n t a t i o n Pr o v i d e Fi n a l GI S Re c o r d s Pr o j e c t Cl o s u r e Mo n 6/ 1 9 / 1 7 w ed 7 | L9 | Li t t Mo n 6/ 7 9 / 7 7 F r i 6/ 3 0 / 7 7 1 Mo n T / 3 h 7 Fr i 7 l 7 l 7 7 i Mo n T / 7 0 h 7 M o n 7 h l l L 7 j I 1 ue 7 / tl ' l L7 w ed 7 / t2 / 77 1 l th u T / 1 3 1 t 7 Th u 7 h 3 / 1 7 Fr i T / t 4 / 7 7 tr i T l t 4 l l T Mo n 7 / L7 / !7 Mo n 7 | L7 / I7 i 1 ue 7 / 78 / 17 r ue 7 / !8 1 77 l¡ w ed 7 / 19 / t7 w ed 7 / 7s / Ll i I Mo n 6 1 1 9 h 7 W e d 7 / t 9 h 7 Mo n 6/ t e h 7 w e d 7 / 7 s a 7 i I we d T l t g h 7 M o n T l s t l L i i /t s , 1 l l /2 6 h 7 i ) 10 5 da y s 0 da y s 0 da y s 1 da y 3 da y s 5 da y s 10 da y s 5 da y s 5 da y s 40 da y s 23 da y s 10 da y s 5 da y s 1 da y 2 da y s 1 da y 1 da y 1 da y 1 da y 1 da y 23 da y s 23 da y s 8 da y s 0 da y s 5 da y s 2 da y s 1 da y 1 da y 0 da y s fu e 3 l 7 l l 7 Mo n T l S t l L Tu e 3 / 7 h 7 Tu e 3 / 7 / 1 7 Mo n 3/ 2 0 / 7 7 Mo n 31 2 0 / L 31 2 0 fu e 3 / 2 U t 7 Tu e 3 l 2 t / 7 7 we d 31 2 2 / 1 7 t¡ i 3/ 2 4 1 1 7 Mo n 3/ 2 7 /7 7 Fr i 3/ 3 U L 7 Mo n 3 1 2 7 /! 7 F r i 4/ 7 1 t 7 Mo n 4h 0 h 7 F r i 4h 4 / L 7 Mo n 4/ I 7 /t 7 tr i 4/ 2 U t 7 Sm i t h , C i t y of SJ Ç S i e m e n s PM Si e m e n s In s t a l l e r l, S i e m e n s PM Si e m e n s En e r g y En g i n e e r Sm i t h , S i e m e n s En e r g y En g i n e e r En e r g y En g i n e e r , F i x t u r e Su p p l y Pa r t n e r Ci t y of SJ G , S i e m e n s En e r g y En g i n e e r , S i e m e n s PM Mo n 4/ 2 4 h 7 F r i 6/ 7 6 1 t 7 PM J' , 8 9 - tl - - Si e m e n s In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s In s t a l l e r In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s In s t a l l e r In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s In s t a l l e r In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s ln s t a l l e r l, S i e m e n s ln s t a l l e r 2, S i e m e n s Si e m e n s In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s In s t a l l e r l, S i e m e n s In s t a l l e r 2, S i e m e n s PM l¡ u r e l En v i r o n m e n t a l of SJ C , S i e m e n s PM In s t a l l e r l. S i e m e n s In s t a l l e r 2, S i e m e n s PM , C D M Sm i t h CD M Sm i t h , S i e m e n s PM 7l 3 L 18 t9 20 2t 2422-- - - i 23 ì 25 , 26 we d T / 1 9 / t 7 W e d 7 fh u T / 2 0 / 7 7 We d T 't h u 7 /2 7 / L7 Fr i 7 /2 8 1 7 7 Mo n T / 3 L / t 7 M o n 7 Mo n T / 3 1 / t 7 M o n 7 Mo n T / 3 U 7 7 M o n 7 27 28 29 lF¡-' Releva nt Project Experience We have listed below street I ht retrofit ects that have been com leted in the last 5 Arlington Ashland Benicia Calexico Cape Light Compact Chelsea County of Marin County of San Luis Obispo Dartmouth Derry El Paso del Robles Fairhaven Fremont Galt Gloucester Hamilton Hercules Huntington Beach La Mesa Lafayette Larkspur Lexington Loomis sL Retrofit sL Retrofit 5L Retrofit sL Retrofit 5L Retrofit sL Retrofit sL Rerrofit SL Retrofit sL Retrofit sL Retrofit sL Retrofit SL Retrofit sL Retrofit SL Retrofit SL Retrofit sL Retrofit SL Retrofit SL Retrofit SL Retrofit sL Retrofit SL Retrofit SL Retrofit sL Rerrofir Mike Rademacher Doug Small Graham Wadsworth City Engineer Kevin Galligan Joe Foti Tho Do David Grim Tim Barber Alan Cote Ditas Esperanza John Charbonneau Hans Larsen Mark Clarkson Matt Coogan Victoria Masone Jeff Brown Bob Stachelski Gregory Humora Mike Moran Julian Skinner David Pinsonneault Britton Snipes rs 781-316- 31 01 508-881 - 01 20 707-746- 4240 760-768- 21 00 508-375- 6444 617-466- 4200 413-473- 4329 805-781 - 5252 s08-999- 0740 603-84s- 5457 80s-2377- 3861 508-979- 4030 510-494- 4745 209-366- 7260 978-281- 9781 978-853- 5112 510-799- 8252 714-536- 5523 619-667- 1450 925-934- 3908 415-927- 5017 781-274- 8300 916-652- 1840ext17 MA MA CA CA MA MA CA CA MA NH CA MA CA CA MA MA CA CA CA CA CA MA CA 2,137 20 215 26 16,089 1,639 1,670 57 1,589 924 346 468 266 156 2,855 588 161 12,000 1,200 239 146 2,381 34 2013 2013 2012 2011 2016 2013 2012 201 1 2013 2016 201 1 2013 2011 2011 2016 2015 201 1 2016 2011 2011 2012 2012 2011 Page | 24 ATTACHMENT 1 Page 24 of 28 Agency I stut" I oescription I ri*trr",Complete Contact person Phone # F:F.-' Los Gatos Manchester Manteca Medway Melrose Mission Viejo Modesto Natick New Bedford Novato Novato Piedmont Pittsburg Providence Salem San Anselmo San Mateo San Pablo San Ramon Turlock Watertown Vallejo Wenham Winthrop Woburn sL Retrofit sL Retrofit sL Retrofit SL Retrofit SL Retrofit SL Retrofit sL Retrofit sL Retrofit SL Retrofit SL Retrofit SL Retrofit SL Retrofit SL Retrofit SL Retrofit SL Retrofit sL Retrofit SL Retrofit sL Retrofit sL Retrofit SL Retrofit SL Retrofit SL Retrofit sL Retrofit SL Retrofit SL Retrofit Lisa Petersen Chris Prolx Mark Houghton Robert Weiss Martha Grover Mark Chagnon BillSandhu Jeremy Marsette Scott Durkee RussellThompson RussellThompson Chester Nakahara Kalyn Karczewski Alan Sepe Jeffrey Elie AJ Shaw Jay Yu Barbara Hawkins Jennifer Dye Engineering Services Matthew Shuman Jill Mercurio Bill Tyank Joseph Domelowicz Tucker Quinn 408-399- s770 603-624- 6444 209-456- 8400 508-32 1 - 4871 781-979- 4195 949-470- 3056 209-341- 2934 508-647- 6552 508-961 - 301 4 415-899- 8246 415-899- 8246 510-420- 3061 412-350- 3576 401-421- 7740 978-619- s693 415-258- 4601 650-522- 7320 51 0-2 1 5- 3061 925-973- 2500 209-668- 5520 617-972- 6420 707-648- 4433 978-490- 7036 617-846- 1852 781-897- s800 CA NH CA MA MA CA CA MA MA CA CA CA PA RI MA CA CA CA CA CA MA CA MA MA MA 2,137 20 215 26 16,089 1,400 1,670 57 16,000 924 346 163 3,144 16,800 266 156 4936 2,855 588 161 1,269 1,200 239 2,381 2,000 2011 2016 2012 2014 2016 2011 201 1 2013 2016 2011 2012 2011 2012 2016 2016 2012 2016 2011 2011 2011 2012 201 1 2015 2015 2013 Page | 25 ATTACHMENT 1 Page 25 of 28 æB-+ References Customer/Proiect San Mateo, CA Street Liqht Conversion Description o LED conversion of 3,898 cobrahead fixtures and 1,038 decorative f ixtures. Ut¡lity incentive managemento GIS database creation and manaqement TotalValue $3.000.000.00 Customer Contact Jav Yu Phone Number 650-522-7320 Email ivu@citvofsa nmateo. orq Address 330 West 20th Ave San Mateo. C494403 Customer/Proiect Name Huntinqton Beach, CA Street Liqht Conversion Description . lnvestment Grade Assessment . System-wide Field Audit. Street liqht conversion of 11,045 fixtures (ln proqress) TotalValue $3.600.000 Customer Contact Bob Stachelski Phone Number 714-536-5523 Email bstachelski@su rf-citv-h b.orq Address 2000 Main Street P.O. Box 190 Huntinqton Beach, CA 92648 Customer/Proiect Cape Liqht Compact LED Streetliqht Conversion Description LED streetlight changeover of 14,000 streetlights. Completed during a tight timeline, to be ready in time for the summer tourist season, while meeting the local needs the area's 21 communities. Financing was completed via a guaranteed energy savings performance contract. lmplemented products and services:. Field service for LED streetlight changeover. Ongoing maintenance contract for streetlights. Cloud-based tool built to provide an inventory of all streetlights on the Cape & Vinevard TotalValue $6.000.000.00 Customer Contact Kevin Galliqan Phone Number 508-375-6444 Email kqa lliqan@qa lliqa nenerqv.com Add ress 3195 Main Street Barnstable, MA 02630 Page | 26 ATTACHMENT 1 Page 26 of 28 DATE (MM/DD/YYYY} 09t21t2016 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. TH|S CERTTFTCATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDIT¡ONAL INSURED, the policy(ies) must be endorsed. ¡f SUBROGATION lS 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). PRODUCER MARSH USA, INC, 445 SOUTH STREET MORRISTOWN, NJ 07960-6454 1 001 29-M0Br--1 ô/'l 7 MOBI rNsuRERtst aFFoRDtNG covEócE NAIC Í HDI Global lnsurance Company 11343 INSURED The Travelers lndemnity SIEMENS INDUSTRY, INC. MOBILITY DIVISION lOOO DEERFIELD PARKWAY BUFFALO GROVE, IL 600B9-4513 INSURER Travelers INSTJRER D : INSURER E : UMBE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY TO THE INSURED POLICY PERIOD TO WHICH THISOR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE DESCRIBED HEREIN IS TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NIIMBER LIMITS A X COMMERCIAL GENERAL LIABILIIY CLAIMS.MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X "o.,." f--l 5F.oi fl ro" X 11 $1,000,000 1,000,000 EXP onê $100,000 Eenso¡¡¡l a ¡ov rr.¡¡unv $1,000,000 GENERAL AGGREGATE $10,000,000 PRODUCTS - COMP/OP AGG $INCL, $ c AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOSXX ( ,OT ) 10Mt2017 $2,000,000 BODILY INJURY (Per person)$N/A BOÞlLY INJURY (P€r acc¡dent)$N/A $N/A $ UMBRELLA LIAB EXCESS LIAB OCCUR CUff,,lS-ft¡l \-\- EACH OCCURRENCE s AGGREGATE $ nFn $ B c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOFYPARTNEFYEXECUTIVE OFFICERYMÉMBER EXCLUDED? (Mandatory ¡n NH)t \ :! ^/ MA, OR & WI) 6 (0H & wA) "$500K LtMtT / $500K StR'-* 'ru/u1/2u'r0 1 0/01/201 6 1 0/01/201 6 10n1t2017 10t01t2017 10t01t2017 X PER STATI ITF E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 7 E.L. DISEASE - POLICY LIMIT $1,000,000 \ \Iffi*'1aCıno tOl, lOalrlonal R€marks Schsdulo, may bs attached lf more spâca is rsqulred) ES CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:NYC-007207055-08 CERTIFI CANCELLATION @'1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 1 Page 27 of 28 SIEMENS INDUSTRY INC. MOBILITY DIVISION lOOO DEERFIELD PARKWAY BUFFALO GROVE, IL 60089.4513 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED RËPRESENTATIVE of Marsh USA lnc, Manashi Mukherjee ACORD 25 (20't4l01l Siemens lndustry, lnc. 9225 Bee Cave Road Building B, Suite 101 Austin, TX78733 1.512.837.8300 usa.s¡emens.com/intel ligenttraffic ATTACHMENT 1 Page 28 of 28 CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of 2017 by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Siemens lndustry, lnc., a Delaware corporation with its principal place of business at9225 Bee Cave Road Building B, Suite 101 Austin, TX 78733 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Proiect Development for the Conversion of Citv Street Liqhts from Hiqh Pressure Sodium to LED Technoloqv (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "8." b. ln no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $33,315.19. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. AdditionalWork. lf changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant Attachment 2 1 of16 with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Consultant shall complete the services required hereunder within @9,. The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. lf required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. lf applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Attachment 2 2of16 9. Assiqnment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. lndeoendentConsultant Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. lnsurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. ln addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liabilitv (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability lnsurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) lnsurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or functional equivalent. (i¡i) Commercial General Liability lnsurance must include coverage for the following (1)Bodily lnjury and Property Damage Personal lnjury/Advertising lnjury Prem ises/Operations Liability Products/Completed Operations Liability Explosion, Collapse and Underground (UCX) exclusion deleted Contractual Liability with respect to this Contract Broad Form Property Damage lndependent Consultants Coverage (2) (3) (4) (s) (7) (8) (e) (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. Attachment 2 3of16 (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize deductibles and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liabilitv (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability lnsurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as lnsurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers'Compensation/Emplover's Liabilitv (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and lnsurance Act," Division lV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. d. Professional Liabilitv (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agrgement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The Attachment 2 4of16 policy must "pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policv Limits Required (i) The following insurance limits are required for the Agreement: Combined Sinqle Limit Commercial General Liability $5,000,000 per occurrence/ $9,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (i¡) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional lnsured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include Certificate of lnsurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. lf any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional lnsured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any Attachment 2 5 of 16 insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (¡v) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, 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 subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifuinq lnsurers (i) All policies required shall be issued by acceptable insurance companies, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the business of insurance in the State of California, or othen¡rise allowed to place insurance through surplus line brokers under applicable provisions of the California lnsurance Code or any federal law. i. Additional lnsurance Provisions (¡) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations othenryise.assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) lf at any time during the life of the Agreement, 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. ln the alternative, City may cancel this Agreement. Attachment 2 6of16 (lii) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant lnsurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. lf requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsu ltants. 12. lndemnification. a. To the fullest extent permitted by law, Consultant shall defend, with counsel of its choosing, satisfactory to the City, and at Consultant's own cost, indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all expert witness fees and attorneys' fees and other direct costs and expenses actually incurred. lf the incident to any alleged acts, errors or omissions, or willful misconduct of is caused by the parties' joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of negligence. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. b. Additional lndemnitv Obliqations. Consultant shall defend, with counsel of its choosing, satisfactory to the City, and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. Attachment 2 7of16 c. Conditions to I Oblioations The Consultant's indemnification obligations set forth herein are conditioned upon the following: (i) City gives prompt written notice to Consultant of the claim(s), (ii) City promptly and in writing grants to Consultant sole control over defenses and settlement of the claim, (ii¡) City provides all timely assistance in defense of the claims, and (iv) City does not admit liability or fault. 13. California Labor Code Requirements a. Consultant is aware of the requirements of California Labor Code Sections 1720 el seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. lf the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. lt shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. lf the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of lndustrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of lndustrial Relations. lt shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 14. Verification of Emplovment Elioibilitv By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the lmmigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. lf any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. ln such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion Attachment 2 I of 16 of the work completed and/or being abandoned. City shall pay Consultant the agreed-upon value of services rendered for any portion of the work completed prior to termination. lf said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs otherthan the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to consequential or indirect damages except for reasonable amount of direct costs not recovered due to such pre-mature termination like demobilization costs, re-stocking fees for un-installed fixtures, project related costs which are apportioned on a per unit basis and recovered from the overall quantity of fixtures installed. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Oroanization Consultant shall assign Bryan Berlin as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Aqreement This Agreement is limited to and includes only the work included in the Project described above Except for indemnity obligations under Section 12, the total aggregate liability of either Party is limited to the amount(s) payable to Consultant under this Agreement. NEITHER PARTY SHALL BE LIABLE, UNDER ANY THEORY OF LIABILITYFOR BUSINESS INTERRUPTION OR LOST REVENUE, LOSS OF PROFITS OR SALES, COST OF CAPITAL, FOR ANY LOSS OF USE, FOR ANY LOSS OR CORRUPTION OF DATA FINANCING COSTS IN CASE OF DELAYED SAVINGS OR FOR ANY OTHER LOSS, COSTS OR EXPENSES OF A SIMILAR TYPE; EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: Attachment 2 9 of 16 CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Tom Toman, Assistant Public Works Director CONSULTANT: Siemens lndustry lnc. 9225 Bee Cave Road Building B, Suite 101 Austin, TX 78733 Attn: Alex Valenti and shall be effective upon receipt thereof 22. Third Partv Riqhts Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunitv Emolovment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Aqreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severabilitv The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assiqns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. Attachment 2 10 of 16 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. Citv's Riqht to Emplov Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited lnterests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. ISTGNATURES ON FOLLOWING PAGE] Attachment 2 11of 16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SIEMENS lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO SIEMENS By By: Its: Ben Siegel City Manager ATTEST By: City Clerk APPROVED AS TO FORM By: City Attorney Printed Name Attachment 2 12 of 16 EXHIBIT A _ SCOPE OF SERVICES SCOPE OF WORK General Description of Project Improvements Siemens Industry, Inc. will make lighting recommendations, including wireless control and management, andproposedfinancingsforthecostsofprovidingaturnkeyprojecttoreplacealloftheCity's 1,158high pressure sodium (HPS) street lights with more energy efficient and cost effective LED lights. The main deliverable of this project a Photometric Analysis will be an upgraded street light system with reduced energy and maintenance costs. The Scope of Services is outlined as follows: PROJECT REQUIREMENTS 1.1 . Photometric Analysis - Determine existing streetlight placement, height and street width and conduct analysis of the proposed replacement lights to illustrate improved lighting levels that provide safe and adequate light (See Exhibit "C"). 1.2. Compliance with Laws - Compliance with all laws and regulations including wage and labor (prevailing wage rate), DIR Registration, OSHA requirements and any safety measures. 1.3. Provide Project Financing - The cost of the project shall be the gross cost before rebates. Financing shall be for a term not to exceed ten (10) years and the amount of the payment shall not change over the term of the loan. The financing shall be structured to meet the City's financial objective i.e. annual debt service payments (vendor loan and California Energy Commission (CEC) loan, if applicable) to not exceed energy cost savings in any given year after project completion. 2. PROJECT PLANNING AND COORDINATION 2.1. Conduct a detailed investigation of San Diego Gas and Electric (SDGE) billing records, maps and City records to establish the list of street lights for replacement/upgrade, which are eligible for rebates from various sources. 2.2. Conduct an on-site physical inspection/inventory of all street lights for final verification of GPS coordinates (Latitude/Longitude within 5ft.), location (closest address), wattage, luminaire physical attributes, pole and or light number, luminaire type, pole type, pole and or bracket height, pole condition (identification oflight poles at risk for failure, etc.). 2.3. Reconcile City records and inspectior/inventory results with SDGE records to confirm ownership of targeted replacements and eligibility for rebates and lower cost tarifß. 2.4. Develop and submit required paperwork to reconcile street light billing records. 2.5. Based on the replacement for typical lighting configurations, photometric analysis and the mapping data, prepare a Replacement Plan for the target luminaires. The plan shall list each Attachment 2 13 of 16 fixture, associated pole number, meter number (if applicable), GIS location and the existing and proposed items for each of the parameters collected during the inspection. 2.6. Perform a detailed analysis which compares energy consumption and fixture longevity between existing and proposed luminaires. Develop a 15-year energy (Kwh and cost) maintenance cost and greenhouse gas (GHS) savings projection(s) to ensure results and cost effectiveness of project options. Initial energy costs shall be based on the most current and applicable SDGE tariff schedule. Proposers shall include their assumed annual increase in electricity rates and justify the assumed rate increase. 2.7. The City must review and approve the final project details and Scope of V/ork. 3. PROJECTIMPLEMENTATION 3.1. Based on the Project Planning described in Section 2 of this Scope, Consultant will submit the detailed project, including the Replacement Plan and proposed project financing that is consistent with the photometric analysis and the requirements for project financing as set forth in this Scope. 3.2. The annual combined savings and revenue generation from the proposed project must at a minimum cover the total annual cost to the City of the implementation of the Replacement Plan in debt service and/or cost of the required improvements, as applicable. 3.3. Carry out the instructions received from the City and shall co-operate with the City and other involved agencies. 3.4. Provide the City with the Project Schedule. 3.5. City and Consultant will cooperate to finalize the technical, legal and financial components of the Project, using the Replacement Plan and the proposed project financing, as the basis for a draft Performance Contracting Agreement ("Agreement") and associated frnancing documents to be negotiated by the City and Siemens. 4. GENERAL REQUIREMENTS 4.1. Consultant shall perform all work in conformance with the latest City policies and procedures, and Caltrans' Standards. 4.2. Consultant shall carry out the instructions received from the City and shall co-operate with the City and other involved agencies. 4.3. Consultant has total responsibility for the accuracy and completeness of all submittal documents and plans and shall quality check all such materials in advance of submittal. The City staff will review plans for conformity with the requirements of the Agreement. City reviews of Consultant submittals do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely with the Consultant. Attachment 2 14 of 16 4.4.The documents and plans furnished under the Agreement and this Scope of Work shall be of a quality acceptable to the City. The criteria for acceptance shall be: aproduct of neat appearance, well organized, technically and grammatically correct, checked and dated and having the maker and checker identified. 4.5. The Consultant shall have a quality control plan (QA/QC) in effect during the entire time work is performed under the Agreement. The quality control plan shall establish a process which includes checking procedures for PS&E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City reserves the right to request proof of said documentation. 4.6. The Consultant's work is subject to inspections by representatives of the City 5. CITY RESPONSIBILITIES The City shall provide the following: 5.1. All construction inspection work and contract administration. 5.2. Available City "as-built" or record drawings, and existing information in the possession of the City as applicable to complete the design. 5.3. Project administration items such as environmental review and permits including Right- to-Enter / temporary or perrnanent construction easements if necessary. 6. CONSULTANT AND/OR SUB CONTRACTORS RESPONSIBILITIES The City desires to enter a contract with the selected Consultant and sub consultant(s) that will be responsible for all work, products, and services. This scope of work and related services shall be performed by the original Consultant and sub consultant originally disclosed on the Proposal and approved by the City. Re-assignment of any aspect of this Project to other consultants / sub consultants is not allowed without the prior written authorization of the City. If the consultant plans on using consultants and/or subcontractors as part of its implementation plan, then the consultant shall: 6.1. Provide the company profile, name, address, and telephone for all consultants and/or subcontractors providing support during the term ofthis project. 6.2. Define the responsibilities and give a description of services to be provided by consultants and/ or subcontractors. 6.3. Describe the Consultant's business and reporting relationship with any consultants and/or subcontractors. 6.4. Include references and resumes for all third party Consultants in your proposal. The City has the right to accept or reject any changes made to the proposed project team members, including the use of consultants and/or sub-contractors. Attachment 2 15 of 16 EXHIBIT B Payment lf Consultant is unable to produce Replacement Plan and financing for the proposed project that meets the objectives set forth in the Scope of Services set forth in this Agreement, then Consultant shall receive no payment for its work performed pursuant to this Agreement. However, if Consultant presents a Replacement Plan and financing for the proposed project that does meet the objectives set forth in the Scope of Services on terms and conditions that are satisfactory to the City, and the parties do not execute it within sixty (60) days after completion of the draft Performance Contracting Agreement, then the City agrees to pay Consultant a fee of $33.315.19 (Exhibit B: Tasks 1.2.3,10) within thirty (30) days of invoice from Consultant. All work products would then become the sole property of the City and the City may utilize such work product in any manner at its sole discretion, including but not limited to implementing the FlMs recommended in the Audit. Alternatively, if Consultant provides a Performance Contracting Agreement and financing arrangement which meets the objectives set forth in the Scope of Services, and the parties execute the Agreement, then the costs associated with this Agreement will be incorporated into the price of the Performance Contracting Agreement. Attachment 2 16 of 16