HomeMy WebLinkAbout2021-11-09 - AGENDA REPORTS - ENERGY EFFICIENCY AUDIT CONTRO
Agenda Item: 6
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44_1)
DATE: November 9, 2021
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE
DEVELOPMENT OF AN INVESTMENT GRADE AUDIT OF CITY
FACILITIES FOR FUTURE CONSIDERATION OF ENERGY
EFFICIENCY UPGRADES
DEPARTMENT: Neighborhood Services
PRESENTER: Darin Seegmiller
RECOMMENDED ACTION
City Council:
1. Award a professional services agreement to Climatec, LLC, at no cost to the City of Santa
Clarita.
2. Authorize the City Manager or designee to execute all contract documents, subject to City
Attorney approval.
BACKGROUND
As part of the Santa Clarita 2025 Strategic Plan, the City Council identified a goal of completing
energy efficiency upgrades to all City of Santa Clarita (City) facilities. The intent of completing
these upgrades is to save money, reduce greenhouse gas emissions, and meet growing energy
demand. By investing in efficient infrastructure, the City will achieve substantial long-term
energy cost savings and demonstrate environmental leadership.
To achieve this objective, a Request for Proposals (RFP) was posted on BidNet on June 14,
2021, seeking a qualified energy services company capable of developing and implementing
projects that are consistent with the City's desire to deliver the best and most cost-efficient
municipal services. The RFP asked firms to identify their relevant experience in similar projects,
and demonstrate their implementation approach to the project.
Fifty-three consulting firms downloaded the RFP, and the City received proposals from five
consultants on July 29, 2021. An evaluation team consisting of five City staff members,
representing divisions across the organization, reviewed the proposals and scored the firms.
Page 1
Packet Pg. 23
O
The scoring system was based on a 100-point scale with the following criteria:
• Cost
• Projected savings with guarantees
• Qualifications
• Project overview and approach
• Experience with similar projects
• References
• Interviews
The interviews, along with extensive reference checks, resulted in the following final scores:
Rank
Company
Location
Score
1
Climatec, LLC
Anaheim, CA
91.6
2
Willdan Engineering
Anaheim, CA
89.2
3
Ameresco
Portland, OR
64.6
4
CEG Solutions, LLC
Arlington, VA
62.8
5
Trane
Brea, CA
61.4
Following the evaluation process, staff elected to interview the two highest -scoring proposers,
Climatec, LLC (Climatec), and Willdan Engineering. The goal of the evaluation process was to
select a consultant that provides services aligning with the City's best interests, per Government
Code 4217.10 - 4217.18, specific to energy conservation contracts for local governments.
Climatec's proposal, interview, and references demonstrated their reputable qualifications for the
project. Furthermore, Climatec demonstrated that it can provide quality service, sustained
efficiencies, and energy cost savings expected by the City.
Upon approval of this no -cost professional services agreement, Climatec will develop an
Investment Grade Audit (IGA) inclusive of a viable comprehensive energy conservation plan
that meets the City's needs while saving energy and water. Consistent with the areas of priority
listed in the RFP, Climatec will focus its efforts on evaluating priorities in these areas:
• Battery and energy storage
• Building automation system
• Heating ventilation and air conditioning
• Irrigation controllers
• Lighting (Interior, Exterior, Sports)
• Microgrid solutions
• Pool pump variable frequency devices
• Solar photovoltaic
• Transformers
• Water metering and conservation measures
• Other associated infrastructure improvements
Page 2
Packet Pg. 24
O
Also included in the development of the IGA, Climatec will explore options for funding sources,
including state programs, local utility rebates and incentives, grants, federal monies, and private
sector funding. All aspects of the development of the IGA, inclusive of the preliminary scope
and funding plan, will be completed by Climatec at no cost to the City.
Once finalized, the scope of work and funding plan will be presented to City Council
for consideration. If approved, Climatec would then begin the program implementation phase of
the project.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact as a result of this action. Development of the investment grade audit
will be completed at no cost to the City. Projects identified in the audit will be brought to the
City Council for consideration at a future meeting.
ATTACHMENTS
ES-20-21-39 Citywide Energy Efficiency Upgrades RFP (available in the City Clerk's Reading
File)
Climatec, LLC Proposal (available in the City Clerk's Reading File)
Page 3
Packet Pg. 25
r�rl►
Y� r �'�AF r � �i 1 tlF F.11iYaAllii
iYl�._-•4�"7ltia. �
r
Y
Citywide Energy Efficiency
Upgrades
PROPOSAL # ES-20-21-39
TABLE OF CONTENTS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
SECTION A
NOTICE INVITING PROPOSALS
SCOPE OF WORK
RESPONSE FORMAT AND SELECTION CRITERIA
SECTION B
PROPOSAL INSTRUCTIONS
BID/PROPOSAL CLAUSES
SUBCONTRACTOR CLAUSES
SECTION C
PROPOSAL FORM
NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
CERTIFICATIONS
NON -COLLUSION AFFIDAVIT
IRAN CONTRACTING ACT CERTIFICATION
SECTION D
SAMPLE PROFESSIONAL SERVICES AGREEMENT
PROVISION C— FEDERAL CLAUSES
SAMPLE FEDERAL CAPITAL IMPROVEMENTS PROJECT CONTRACT
ATTACHMENTS
APPENDIX A— PROJECT SITES (CITY FACILITIES AND PARKS)
APPENDIX B— CLIMATE ACTION PLAN
SECTION A
Scope of Work & Response Requirements
CITY OF SANTA CLARITA NOTICE INVITING PROPOSALS
Project Name: Citywide Energy Efficiency Upgrades
Proposal #: ES-20-21-39
Pre -Proposal Webinar: July 6, 2021 at 9:30 a.m.
Last day for questions: July 16, 2021 before 11:00 a.m.
Proposal Closing: July 29, 2021 before 11:00 a.m.
License(s) Required: Holds active Class B General Contractor's license in CA for a minimum of 24 months
Project Description: The City of Santa Clarita is requesting proposals from experienced and qualified Energy
Service Companies (ESCO) for the development and implementation of Citywide energy
efficiency upgrades consistent with the provisions of CA Government Code sections 4217.10
— 4217.18 that will provide sustained efficiencies and energy cost savings. The City will work
with a single entity/proposer in a phased approach to the entire project.
Prevailing Wage: Yes (per State of California Labor Code Sections 1720-1815)
Bond Requirements: Payment and Performance Bonds will be required for any construction work performed by
the selected ESCO. See paragraph 4.4 of the Scope of Work.
Contact Information: Andrew Adams
(661) 286-4188
aadams@santa-clarita.com
Specifications for this request for proposals (RFP) may be downloaded from the City's Purchasing website at:
www.bidnetdirect.com//cityofsantaclarita. Please refer to specifications for complete details and RFP requirements.
The specifications in this notice shall be considered a part of any contract made pursuant thereto. A paper copy of the
RFP documents is available upon request in the City Clerk's office, Suite 120.
CITY will host a non -mandatory pre -proposal webinar on, July 6, 2021 at 9:30 a.m. Pacific time for ESCO's that plan to
submit proposals. The webinar will answer attendees' questions about the RFP and the proposal process. The webinar
will be recorded and available to interested potential proposers. Zoom link and details for the webinar will be provided
to prospective proposers via BidNet 72 hours prior to the event.
RFP Questions must be submitted electronically via the BidNet "Question and Answer" tab.
Addenda, if issued by the CITY, will be transmitted on BidNet. Addenda must be digitally acknowledged via BidNet in
addition to a printed and signed version submitted with the proposal response. If addenda are not signed and
submitted with the proposal response, the submission may be deemed non -responsive and rejected.
Date Published: June 14, 2021
SCOPE OF WORK
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. INTRODUCTION
The City of Santa Clarita (City) requests proposals from a qualified Energy Service Company (ESCO) for the
development and implementation of Citywide energy efficiency upgrades consistent with the provisions of
California Government Code sections 4217.10 — 4217.18 that will provide sustained efficiencies and energy cost
savings.
In preparation of this Request for Proposals (RFP) the words "ESCO", "Contractor", and "Vendor" are used
interchangeably.
2. BACKGROUND
The City is located approximately 35 miles northwest of Los Angeles. Currently the third largest city in Los Angeles
County, the City is home to approximately 220,000 residents, with an additional 75,000 in the surrounding
unincorporated areas of Los Angeles County, and spans over 70 square miles. The City incorporated in 1987 and
has a mix of new and aging infrastructure, varying in size and design.
The City currently has 12 facilities and 35 parks Citywide, as outlined in Appendix A, which would be subject to this
RFP.
3. PHASED APPROACH
The City anticipates a phased procurement approach in accordance with Government Code Section 4217 broadly
summarized as outlined below:
3.1. RFP closes, the City implements its best value evaluation process in accordance with Government Code
Section 4217.13 concludes, and recommends that the City Council award a Professional Services Agreement
to an ESCO.
3.2. As part of the scope of the Professional Services Agreement, the selected ESCO conducts a Citywide Facility
Audit (Investment -Grade Audit) identifying prospective energy efficiency improvement projects. Design,
financing, price per project, projected design and construction timelines, ongoing operational costs, and any
other pertinent analysis to be presented/provided to the City for consideration.
3.3. City determines what projects to proceed with and presents findings and recommendation to City Council for
award of construction contract to ESCO. The City reserves the right to award the construction projects in
phases and is not required to award any or all of the projects recommended by the ESCO. All work performed
in preparation for the construction phase shall be performed under a Professional Services Agreement (see
Section D for a sample template). Any awarded construction work shall be performed under a CIP agreement
(see Section D for a sample template). Both templates are subject to change based on negotiation and scope
of work complexities.
4. MINIMUM REQUIREMENTS
Respondents must meet the following minimum requirements to participate in the City's RFP process:
4.1. Current accreditation by the National Association of Energy Services Companies (NAESCO)
4.2. Included on the U.S. Department of Energy's (DOE) Qualified List of Energy Services Companies
4.3. Holds an Active Class B General Contractor's License in the State of California for a minimum of twenty-four
months, with a proven ability to provide a team of California -licensed and DIR-registered mechanical, electrical,
structural, and civil engineers, as may be deemed necessary
4.4. Minimum bonding capacity of $15 million
4.5. Local office within a one -hundred (100) mile radius of the City of Santa Clarita. Trained staff, including
technicians, engineers, and project managers also within the aforementioned radius.
4.6. Successful implementation of similar projects, including the design and construction of a minimum of three (3)
comprehensive energy efficiency projects with public sector entities in the last five (5) years
4.6.1.Three (3) current public sector references, with contact information, from similar, relevant projects that
included:
4.6.1.1. Energy saving, renewable generation, and/or water saving measures
4.6.1.2. Strategic and transparent cost and financing approach
4.6.1.3. Other relevant benefits, including, but not limited to, Climate Action Plan implementation,
economic development workforce training and development, smart city initiatives, and related
marketing/public relations.
4.7. Demonstrated experience in the successful development of energy efficiency measures and clean energy
systems including design specification, project finance development, construction oversight, operations (and
ongoing operations), maintenance (and ongoing maintenance) and asset management
4.8. Demonstrated experience in securing necessary project financing, as well as credits and incentives available
through Federal, State, local, and utility company programs
4.9. Savings methodology based on bill to bill comparisons — International Performance Measurement and
verification protocol (IPMVP) Option C and include examples of measurement and verification (M&V) reports
4.10. No pending or recent litigation within the last thirty-six (36) months in relation to the firm's efficiency
improvement project performances and/or M&V of a guaranteed energy savings project
4.11. Experience with municipality infrastructure in terms of energy consumption
5. DELIVERABLES AND RESPONSIBILTIES
Investment -Grade Audit (IGA):
5.1. Conduct a comprehensive IGA on all City facilities and park sites listed in Appendix A of this RFP for energy and
water cost savings
5.1.1. The IGA shall include, but not be limited to, the optimization, installation, retrofit, upgrade, adjustment,
and/or replacement of:
5.1.1.1. Battery and Energy Storage
5.1.1.2. Building Automation System (BAS)
5.1.1.3. Heating Ventilation & Air Conditioning (HVAC)
5.1.1.4. Irrigation Controllers
5.1.1.5. Lighting (Interior, Exterior, Sports)
5.1.1.6. Microgrid Solutions
5.1.1.7. Pool Pump Variable Frequency Devices (VFDs)
5.1.1.8. Solar Photovoltaic (PV)
5.1.1.9. Transformers
5.1.1.10. Water Metering and Conservation Measures
5.1.1.11. Other associated infrastructure improvements
5.2. Analyze the information gathered and determine whether improvements can be implemented to reduce
energy and water consumption and/or increase efficiency to generate cost savings. ESCO must and outline and
commit to realizing specific cost savings with incentives and guarantees
5.3. Identify suitable enterprise software programs that could be used for monitoring and reporting the energy
consumption and greenhouse gas emissions
5.4. Prepare a detailed report summarizing the results of the IGA, which should include:
5.4.1.Recommendations for viable energy and water projects for City facilities and infrastructure, including all
costs and benefits of each individual measure analyzed
5.4.2. Project descriptions, job creation and/or retention as a result of this project, greenhouse gas reduction
benefits, any restrictions or limitations, and permits required, with a cost/benefit analysis prepared for all
potential energy/water efficiency projects proposed for implementation
5.4.3.A comprehensive list of potential revenue and funding sources, grants, and incentive programs or rebates,
including regional programs, that could result in revenue to the City offset rising energy and water costs,
including a description of the funding source and/or program, the method for applying for those funds,
any requirements or limitations such as matching funds from the City, and the estimated funds the City
could receive
5.4.4.For all proposed recommendations, provide a full lifecycle economic assessment with and without
available federal, state, or utility company rebates, including estimated installation cost, cost of
maintenance, insurance, and all other costs
5.5. Undertake responsibility for CEQA compliance and for implementing any identified mitigation measures in
connection with any project undertaken at any site
N
5.6. For any construction projects undertaken, provide in advance to the CITY the CONTRACTOR's Safety Program
for each such construction project.
5.7. Prepare and conduct presentations to City staff, and provide support to City staff for presentation to the City
Council, summarizing activities, analyses, and recommendations
The City retains the right to all final decisions related to final project scope, prioritization, and implementation. The
City further retains the exclusive right to modify the project list prioritization and whether a potential project is
ultimately contracted for implementation. The City has the right to select any or all equipment used for the
project(s) by manufacturer and/or brand.
Design and Construction:
5.8. Develop an overall project delivery approach that is completed in consultation with key City staff and
stakeholders
5.9. Comply with the Public Contract Code, Government Code, Labor Code, all applicable City codes, regulations,
specifications and design standards
5.10. When hiring sub -contractors, place a priority on qualified local contractors
5.11. Manage and administer all sub -contractors' work and provide on -site construction management
5.12. Obtain all permits deemed necessary by the City's Building and Safety Division
5.13. Include in all project scope deliverables adequate opportunity for review and approval by City and other
authorities with jurisdiction prior to finalizing relevant deliverables and prior to issuance of any Notice to
Proceed with construction
5.14. ECSO shall work with City to develop procedures to maximize City's receipt of sales and use taxes
resulting from design and construction of the Project (Taxable Purchasing Procedures). Taxable Purchasing
Procedures must include, without limitation:
5.14.1. According to the California Department of Tax and Fee Administration (CDTFA), the jobsite is considered
the place of business of a construction contractor or subcontractor. As such, District Taxes must be paid
based on the City of Santa Clarita address of the site. If a contractor or subcontractor paid a lower rate at
the location where the items were purchased that the rate where the items were installed (City of Santa
Clarita), then the contractor or subcontractor owes the difference.
5.14.2. Local tax is a portion of the state tax that is allocated to the local city or county. CONTRACTOR and
subcontractors must allocate the local tax on their sales tax and use returns based on the job location.
5.14.3. Requirements that ECSO, and Subcontractors and Engineers of all tiers that perform a significant
portion of their Project Work or Services on the Project Site or within any portion of the City of Santa
Clarita, use an address within the City of Santa Clarita, for purchases and leases of Project -related tangible
personal property (goods, materials, fixtures, equipment, tools, supplies, etc.) (Project Personal Property),
to the greatest reasonably feasible extent.
5.14.4. To the greatest reasonably feasible extent, sellers and lessors of Project Personal Property either:
5.14.4.1. have a physical presence within California; or
s
5.14.4.2. if located out of state, collect and pay California use tax.
5.15. Taxable Purchasing Procedures must also include periodic ECSO reporting (on behalf of itself and its
Subcontractors and Engineers), and City monitoring, audit and enforcement rights.
Financing
5.16. Identify and secure the lowest -cost financing available to the City, including, but not limited to, on -bill
financing, low -interest financing offered by the California Energy Commission, and grants and rebates by local
utility companies such as Southern California Edison and Southern California Gas Company
5.17. Work with the City's Administrative Services Department to explore other financing options and
provide information and data, as requested
6. CITY RESPONSIBILITIES
6.1. Provide the ESCO with needed data, including but not limited to, annual energy costs, bills, utility reports, and
as-builts and/or geotechnical data and existing site conditions data, among other items deemed necessary to
evaluate the success of this project
6.2. Provide access to City facilities and park sites, as needed, to the successful respondent
7. SCHEDULE OF EVENTS (PROPOSED & ANTICIPATED)
RFP Released
June 14, 2021
Preproposal Webinar
July 6, 2021 at 9:30 a.m.
Preproposal Requests for Clarification & Questions
Due
July 16, 2021 before 11:00 a.m.
Proposal Due Date
July 29, 2021 before 11:00 a.m.
Interviews
August 9, 2021— August 13, 2021
Final Selection
August 19, 2021
City Council Approval
September 14, 2021
Unless otherwise specified, all deadlines listed above are before 11:00 a.m. Pacific Standard Time on the stated date.
The City will not consider or accept any late submittals. All dates are subject to change.
The City may elect to forego the oral interview process and select a firm to negotiate with based solely on the review
of proposals and reference checks. If the City chooses to conduct interviews, it will notify the selected respondent(s)
after the RFP response deadline to arrange a time for the interviews.
8. CONTRACT TERMS
Contract terms (contained in both the Professional Services Agreement and the CIP Agreement as applicable) may
include, but will not be limited to:
A
8.1. Life -cycle pro -forma of proposed energy improvements, including reasonable and fully documented annual
energy, water, and operations and maintenance costs and savings. The City may choose to require a form of
security from the successful proposer as a cost savings guarantee
8.2. Full documentation of project labor and materials costs, by measure, with negotiated and agreed -upon ESCO
mark-ups, fees and profit clearly presented in an open -book pricing/cost structure. Payment and
Performance Bonds will be required for construction
8.3. Timetables for completing engineering and construction work
8.4. Detailed description of services to be provided
8.5. Project key staffing assignments and guarantee of availability of assigned key staff to work on the project,
including terms for liquidated damages in lieu of damages caused by unauthorized substitution or removal or
change in role or level of effort of key personnel
8.6. Specific financing arrangements and terms
8.7. Reasonable guarantees of water and energy savings in annual and life -cycle kwh, kW, therms, gallons, acre-
feet or other appropriate units
8.8. A detailed description of, and plan for, ongoing measurement and verification to quantify and document
project water and energy and cost savings and performance;
8.9. A requirement for a performance bond and/or decommissioning security guaranteeing that the facility will be
either completed as planned or restored to the original condition in the event of default;
8.10. A clause specifying who will be responsible for operating and maintaining the equipment to ensure
cost savings and continued equipment optimal performance.
REPORTS AND MEETINGS
Once the successful ESCO is on board and has completed a comprehensive IGA, the following shall occur:
9.1. Project Kick -Off Meeting: Introduce staff, provide any background information/data needs of the Consultant,
confirm work order and tasks to be performed, prioritize the facilities, and discuss expectations, reporting
requirements and the communications process.
9.2. Present the complete IGA report on current and potential City energy and water efficiencies, including all
information as outlined in sections 4.1— 4.5 of this RFP
9.3. Analyze and report on energy efficiency (electricity and natural gas) and water usage at all City facilities and
park sites, providing an analysis of building systems, equipment, operations, and operational procedures for
optimal performance
9.4. Assess City usage and policies as they affect energy and water usage and cost
9.5. Identify suitable enterprise software programs that could be used for monitoring and reporting the energy
consumption and GHG emissions
itt
9.6. Develop and provide a template/matrix that can subsequently be used by the City for future facility
energy/water evaluations and audits
9.7. Summarize pre-existing energy/water conditions at City facilities and quantify energy/water savings that are
projected to be realized as a result of future projects and projects that may be in progress
is
RESPONSE FORMAT AND SELECTION CRITERIA
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. RESPONSE FILE
Proposers must submit one (1) complete hard -copy Proposal and a complete digital copy on a thumb
drive in addition to uploading proposals to BidNet. Proposals shall be organized, tabbed, and
numbered in the order presented below.
In compliance with Resolution 93-9, proposals must be submitted on recycled paper and shall not
exceed 50 pages (double -sided), excluding CV's. Pages submitted in excess of the limitations
specified in this provision will not be evaluated.
Please see item #1 of the Proposal Instructions for details on how to submit.
1.1 Transmittal Cover Letter
1.2 Executive Summary
1.2.1 Summarize the content of your proposal
1.3 Identification of Proposer
1.3.1 Proposer's legal name
1.3.2 Proposer background
1.3.3 Contact person: name, telephone, & email
1.3.4 Corporate and local office address(es)
1.3.5 Proof Respondent meets Minimum Requirements (Section 4 in SOW)
1.3.6 Listing of subconsultants, if any, and their role in completing the scope of work
1.4 Proposed Scope of Services
1.4.1 Reflect the scope of work section of this RFP and any suggested deviations (in a separate
deviation section)
1.4.2 Itemize any service within the scope of the project that are not listed in the Scope of Work
(optional)
1.4.3 Proposer's methodology to develop the City's energy conservation plan. Include the
process of benchmarking, energy audit, leveraging additional money for projects, and
developing a list of priority projects
1.4.4 Proposer's approach to managing the project
1.4.5 Proposer's approach to researching and identifying funding sources such as grants, rebates,
and loans. Describe grant writing experience
1.5 Proiect Benefits and Added Value
1.5.1 Describe benefits resulting from the Project and describe the Proposal's added value in
accomplishing the project's objectives
IV:
1.6 Savings and Measurement Verification (M&V) Approach
1.6.1 Describe Respondent's approach to projecting, proving, and guaranteeing energy savings
1.6.2 Describe methodologies, formulas, and associated International Performance
Measurement & Verification Protocol options used to quantify savings
1.6.3 Describe monitoring services post-implementation/installation
1.7 Personnel
1.7.1 Provide names and specific qualifications, experience, skill set, and appropriate license
held by primary staff assigned to the project. Include information regarding primary office
location.
1.8 Work Plan
1.8.1 Provide a detailed work plan summary of how the Proposer will address the City's
objectives and Project requirements.
1.9 List of Representative Projects/References
1.9.1 Provide a list of representative projects undertaken by the Proposer in the last three (3)
years demonstrating experience in each category of the project
1.9.2 Provide a minimum of three (3) professional public -sector references regarding the
Proposer's experience performing related work within the past three (3) years. Include
organization name, contact, phone number, and email address, as well as project size and
description
1.10 Financial
1.10.1 Provide three (3) most recent audited financial reports. The audited financial report must
be for the business entity that would provide a guarantee of performance
1.10.2 Demonstrate the Proposer's financial capacity to carry out this project
1.10.3 Provide a letter from bonding company stating Proposer's bonding limits and bond rating
and confirming Proposer has the bonding capacity required by paragraph 4.4
1.10.4 Provide a letter from insurer confirming Proposer's insurer will provide insurance
coverages required by sample agreements in Section D
1.10.5 Provide a sample of the proposed guarantee document to be used for this project
1.11 Funding Proposal
1.11.1 Include a detailed cost proposal to accomplish the first phase of auditing City facilities
and providing the "list of potential projects" for review
1.12 Deviations from RFP
1.12.1 Detail any proposed deviations from the scope of services or any other requirements
specified in this RFP. In submitting a proposal in response to this RFP, Proposer is
certifying that it takes no exceptions to this RFP and that it will accept the terms and
13
conditions of the template Professional Services Agreement, and the template CIP
Contract (both in Section D). If any exceptions are taken, such exceptions must be clearly
noted in the proposal and may be reason for rejection of the Proposal. As such, Proposer
is directed to carefully review the proposed template Professional Services Agreement
and CIP Contract and, in particular, the insurance and indemnification provisions therein,
which will not be modified
1.13 Letter of Intent
1.13.1 Proposers must include a Letter of Intent, which includes the Proposer's name, address,
telephone number, fax number, and identify a contact person during the proposal
evaluation period. The Letter of Intent must include a statement indicating that the
Proposal shall remain valid for a period of not less than one hundred twenty (120) days
from the date of submittal.
2. EVALUATION PROCESS & SELECTION CRITERIA
2.1 Evaluation Criteria
Proposals that meet the submittal requirements will be selected for further evaluation and
negotiations by the City. Selection of the top proposals shall be based on the following criteria:
2.1.1 Cost
2.1.2 Projected savings (with guarantees) as described in Government Code Section 4217.13
2.1.3 Qualifications, including personnel/staff
2.1.4
Project overview and approach
2.1.5
Experience with similar projects
2.1.6
References
2.1.7
Interview with top Proposers
At the conclusion of the Proposal solicitation period, the City will review each submission, and
then rank the Proposals according to evaluation criteria. Upon determination of the highest
ranked Proposer, the City will endeavor to negotiate a mutually agreeable fee with the selected
Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its
sole discretion, to negotiate with the next Proposer selected by the City. Proposers should note
that the cost is not the sole evaluation criterion in the final selection.
2.2 Award of Contract
If awarded, the contract will be awarded on the basis of the evaluation criteria listed above. The City
reserves the right to reject all proposals and to contract for services in the manner that most benefits
the City including awarding more than one contract if desired.
14
SECTION B
RFP Instructions
PROPOSAL INSTRUCTIONS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. SUBMITTING PROPOSALS.
1.1. The response must be submitted on this form and include all forms provided or information
requested or required by the scope of work or specifications, (uploaded via BidNet):
www.bidnetdirect.com//cityofsantaclarita
1.2. Proposals/corrections received after the Proposal deadline will not be accepted. The City will
not be responsible for proposals not properly or timely, uploaded. Upon award, all submissions
become a matter of public record.
1.3. Notarized Non -Collusion Affidavit, hard -copy proposal, and a complete digital copy on a thumb
drive must be received at the address specified below no later than the Proposal deadline in
order to be considered responsive. Please refer to the Response Format & Selection Criteria
section of this RFP for details.
City of Santa Clarita
ATTN: Purchasing
23920 Valencia Blvd, Suite 120
Santa Clarita, CA 91355
2. ADDENDA. The City will not accept responsibility for incomplete packages or missing addenda. It is
the vendor's responsibility to monitor BidNet for release of the addenda prior to submission of the
quote to make certain the package is complete and all required addenda are included and
acknowledged. This information will be available via BidNet. Proposers are cautioned against relying
on verbal information in the preparation of proposal responses. All official information and
guidance will be provided as part of this solicitation or written addenda. Addenda, if issued by the
Agency, will be transmitted via BidNet. Addenda must be digitally acknowledged through BidNet in
addition to a printed and signed version submitted with the proposal. If addenda are not signed and
submitted with the proposal response, the proposal may be deemed non -responsive and rejected.
3. AWARDS.
3.1. The City reserves the right to waive any minor irregularity in any proposal.
3.2. This RFP does not commit the City to award a contract, or to pay any amount incurred in the
preparation of the proposal. The City reserves the right to accept or reject all proposals received
as a result of this request, to negotiate with any qualified consultant, or to cancel this RFP in part
or in its entirety. The City may require the selected consultant to participate in negotiations and
to submit such technical, pricing, or other revisions to their proposal as may result from such
negotiations. The City reserves the right to extend the time allotted for the proposal, and to
request a best and final offer, should it be in its best interest to do so.
3.3. The proposal may be awarded in its entirety as proposed; however, the City reserves the right to
award elements of the work, independently, and to perform portions "in-house." Additionally,
the City reserves the right to award subsequent work on this project based on information
presented in this proposal, without recourse to a separate or subsequent RFP process, should it
i6
be in its best interest to do so.
3.4. Where detailed specifications and/or standards are provided, the City considers them to be
material and may accept or reject deviations. The list of proposals submitted will be posted on
BidNet, normally within 24 hours.
4. INVOICES. Invoices will be forwarded to:
City of Santa Clarita
NS - Environmental Services
Attn: Darin Seegmiller
23920 Valencia Blvd. Ste. 295
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms
of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later.
DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS. No proposer or subcontractor/
subconsultant may be listed on a bid proposal for a public works project (submitted on or after
March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor
Code Section 1725.5 [with limited exceptions from this requirement for proposal purposes only
under Labor Code Section 1771.1(a)]. No proposer or subcontractor/subconsultant may be awarded
a contract for public work on a public works project (awarded on or after April 1, 2015) unless
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This
project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
6. REJECTION. The City reserves the right to reject any or all proposals and to waive any informality in
any proposal. The City may reject the proposal of any vendor who has previously failed to perform
properly, or complete on time, contracts of a similar nature, or to reject the proposal of a vendor who
is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any
vendor who is in default of the payment of taxes, licenses or other monies due to the City of Santa
Clarita.
7. CONTRACTOR'S LICENSE. Unless otherwise noted elsewhere in this RFP, if requested and in
accordance with the provisions of California Public Contract Code Section 3300, the successful vendor
shall submit proof of a Class B General Contractor's License with proposal response. Failure to possess
the specified license shall render the proposal as non -responsive and shall act as a bar to award the
contract to any proposer not possessing said license at the time of award. As provided for in Section
22300 of the California Public Contract Code, the Contractor may substitute securities for monies
withheld by the City to ensure performance under the contract.
8. PREVAILING WAGES. This contract is subject to the State prevailing wage and apprenticeship
requirements of the California Labor Code including, but not limited to, Sections 1770, 1771.5, 1773,
1776 and 1777.5. CONTRACTOR shall comply with California prevailing wage laws including, to the
extent applicable, Labor Code Section 1720.9. Pursuant to Section 1773 of the Labor Code, the
general prevailing wage rates in the county, or counties, in which the work is to be done have been
determined by the Director of the California Department of Industrial Relations. These wages are set
17
forth in the General Prevailing Wage Rates for this project, available from the California Department
of Industrial Relations' Internet web site at
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Future effective general prevailing wage
rates which have been predetermined and are on file with the California Department of Industrial
Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing
rate of per diem wages shall be posted at the job site. CONTRACTOR is responsible for obtaining a
current edition of all California statutes and regulations, and adhering to the latest editions of such.
All public works projects valued at $30,000 or more must include an obligation to hire apprentices,
unless the craft or trade does not require the use of apprentices, as indicated in the corresponding
prevailing wage determination. This duty applies to all contractors and subcontractors on a project,
even if their part of the project is less than $30,000.
9. FEDERAL PREVAILING WAGE. If this is a federally funded project, the Davis Bacon Act will be enforced.
The current General Decision of wage determinations issued by the United States Department of
Labor is set forth at the following website address: https://beta.sam.gov/. If there is a difference
between the prevailing wage rate determined by the Department of Labor and the prevailing wage
rate predetermined by the Director of Industrial Relations for similar classifications of labor, the
Contractor and its Subcontractors shall pay not less than the higher prevailing wage rate. The Agency
will not accept lower State prevailing wage rates not specifically included in the Federal prevailing
wage determinations. This includes "helper" (or other classifications based on hours of experience) or
any other classification not appearing in the Federal prevailing wage determinations. Where Federal
prevailing wage determinations do not contain the State prevailing wage rate determination
otherwise available for use by the Contractor and Subcontractors, the Contractor and Subcontractors
shall pay not less than the Federal prevailing wage rate which most closely approximates the duties
of the employee(s) in question. The prevailing wage rate for any classification not listed by the
Department of Labor or the Director of Industrial Relations, but which may be required to execute the
Contract, shall be in accord with specified rates for similar or comparable classifications or for those
performing similar or comparable duties, within the Agency's determinations.
10. TERMINATION. The City may terminate any purchase, service or contract with or without cause either
verbally or in writing at any time without penalty.
The City of Santa Clarita's "Terms and Conditions" is found on a separate attachment in BidNet.
18
BID/PROPOSAL CLAUSES
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. DEBARMENT AND SUSPENSION. Certification Regarding Debarment, Suspension, and Other
Responsibility Matters- Lower Tier Covered Transactions. Instructions for certification:
1.1.1.13y signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below.
1.1.2.The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, City of Santa Clarita may pursue available
remedies, including suspension and/or debarment.
1.1.3.The prospective lower tier participant shall provide immediate written notice to City of
Santa Clarita if at any time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed
circumstances.
1.1.4.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "persons," "lower tier covered transaction," "principal,"
"proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in
the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR
Part 29]. You may contact the City of Santa Clarita for assistance in obtaining a copy of those
regulations.
1.1.5.The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in
writing by City of Santa Clarita.
1.1.6.The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
1.1.7.A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines
`K
the eligibility of its principals. Each participant may, but is not required to, check the Non -
procurement List issued by U.S. General Service Administration.
1.1.8.Nothing contained in the foregoing shall be construed to require establishment of system
of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
1.1.9.Except for transactions authorized under Paragraph 5 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to all remedies available to the Federal government, City of
Santa Clarita may pursue available remedies including suspension and/or debarment.
1.2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction
1.2.1.The prospective lower tier participant certifies, by submission of this bid or proposal, that
neither it nor its "principals" as defined at 49 C.F.R suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
1.2.2.When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
2. LEGAL RESPONSIBILITIES. Proposals must be submitted, filed, made, and executed in accordance with
State and Federal laws relating to bids for contracts of this nature, whether the same are expressly
referred to herein or not. bidders submitting a proposal shall, by such action thereby, agree to each
and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred
to in the plans, specifications, and other contract documents, and to full compliance therewith.
2.1. Additionally, bidders submitting a proposal shall, by such action thereby, agree to pay at least
the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code
for each craft, classification, or type of workman required, as set forth by the Director of
Industrial Relations of the State of California. Attention is directed to the Federal minimum wage
rate requirements in the books entitled "Proposal and Contract". If there is a difference between
the Federal minimum wage rates predetermined by the Sectary of Labor and the State general
prevailing wage rate determined by the Director of the California Department of Industrial
Relations for similar classifications of labor, the bidder and subcontractors shall pay not less than
the higher wage rate.
3. UNFAIR BUSINESS PRACTICES CLAIMS: ASSIGNMENT TO AWARDING BODY. Pursuant to Section 7103
of the Public Contracts Code, the contract to be awarded will be defined as a "public works contract."
In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the bidder or subcontractor offers and agrees to assign to the
W
awarding body all rights, title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2 commencing with B-12
Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, services, or materials pursuant to the public works contract or the subcontract. This
assignment shall be made and become effective at the time the awarding body tenders final payment
to the bidder, without further acknowledgment by the parties.
4. NONDISCRIMINATION. In the performance of this Contract, bidder shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious
creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the
provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et
seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order
No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant
to said Acts and Order. The contractor shall carry out applicable requirements of Title 49 CFR (Code
of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts.
Bidder shall likewise require each subcontractor to comply with this paragraph and shall include in
each such subcontract language similar to this paragraph. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy, as the recipient deems appropriate.
`A
SUBCONTRACTOR CLAUSES
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay
to any subcontractor, not later than seven days after receipt of each progress payment, unless
otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work
performed by the subcontractors, to the extent of each subcontractor's interest therein in accordance
with the provision in Section 7108.5 of the California Business and Professions Code concerning
prompt payment to subcontractors. In the event that there is a good faith dispute over all or any
portion of the amount due on a progress payment from the prime contractor or subcontractor to a
subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the
disputed amount. Any violation of this section shall constitute a cause for disciplinary action and shall
subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per
month for every month that payment is not made. In any action for the collection of funds wrongfully
withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions
authorized under this section shall be separate from, and in addition to, all other remedies, either
civil, administrative, or criminal. This provision applies to both DBE and non -DBE subcontractors.
2. CALIFORNIA DEBARRED CONTRACTORS AND SUBCONTRACTORS. Sections 1720 et seq. of the Labor
Code and Section 6109 of the Public Contract Code apply to the Contract, and each potential bidder
and Subcontractor is responsible to be in full compliance with those laws. If a potential bidder or
subcontractor has been found by the California Labor Commissioner to be in violation of Section 1720
et seq. of the Labor Code, in accordance with Section 1777.1 of the Labor Code, the potential bidder
shall be ineligible to bid or be awarded a contract or to perform work on any City public works project.
In accordance with Section 6109 of the Public Contract Code any subcontractor who is ineligible to
perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is
prohibited from performing work on any City public works project. Pursuant to Section 6109(b) of the
Public Contract Code, any contract on a City public works project entered into between a bidder and
a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any
City money for performing work as a subcontractor on a City public works contract, and any City
money that may have been paid to a debarred subcontractor by a bidder on the project shall be
returned to the City. The bidder shall be responsible for the payment of wages to workers of a
debarred subcontractor who has been allowed to work on the City project.
`��
SECTION C
Forms
NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. SUMMARY OF CONTRACT REQUIREMENTS
a. A contract is required for any service performed on behalf of the City. Contract
language will be negotiated upon acceptance of proposal and prior to commencement
of work. Work cannot begin until the contract has been fully executed by both parties.
2. SUMMARY OF INSURANCE REQUIREMENTS
a. These are the Insurance Requirements for Contractors providing services or supplies to
the City. By agreeing to perform the work or submitting a proposal, you verify that you
comply with and agree to be bound by these requirements. When Contract documents
are executed, the actual Contract language and Insurance Requirements may include
additional provisions as deemed appropriate by City's Risk Manager.
b. You should check with your Insurance advisors to verify compliance and determine if
additional coverage or limits may be needed to adequately insure your obligations
under this agreement. These are the minimum required and do not in any way
represent or imply that such coverage is sufficient to adequately cover the Contractor's
liability under this agreement. The full coverage and limits afforded under Contractor's
policies of Insurance shall be available to Buyer and these Insurance Requirements shall
not in any way act to reduce coverage that is broader or includes higher limits than
those required. The Insurance obligations under this agreement shall be: 1—all the
Insurance coverage and limits carried by or available to the Contractor; or 2—the
minimum Insurance requirements shown in this agreement, whichever is greater. Any
insurance proceeds in excess of the specified minimum limits and coverage required,
which are applicable to a given loss, shall be available to City.
c. Contractor shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements and a copy of the Declarations and Endorsement
Page of the CGL policy listing all policy endorsements to City before work begins. City
reserves the right to require full -certified copies of all Insurance policies in their entirety
evidencing required coverage and endorsements.
3. INSURANCE
a. General Insurance Requirements
i. All insurance shall be primary insurance and shall name City of Santa Clarita as
an additional insured. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under the policy if
not named as an additional insured, and an additional insured shall not be held
24
liable for any premium or expense of any nature on the policy or any extension
thereof solely because they are an additional insured thereon.
If the operation under this Agreement results in an increased or decreased risk
in the opinion of the City's Risk Manager, then Consultant agrees that the
minimum limits hereinabove designated shall be changed accordingly upon
written request by the Risk Manager.
iii. Consultant agrees that provisions of this Section as to maintenance of insurance
shall not be construed as limiting in any way the extent to which Consultant may
be held responsible for the payment of damages to persons or property
resulting from Consultant's activities, the activities of its subconsultants, or the
activities of any person or persons for which Consultant is otherwise
responsible.
iv. A Certificate of Insurance, and an additional insured endorsement (for general
and automobile liability), evidencing the above insurance coverage with a
company acceptable to the City's Risk Manager shall be submitted to City prior
to execution of this Agreement on behalf of the City.
v. The terms of the insurance policy or policies issued to provide the above
insurance coverage shall provide that said insurance may not be amended or
canceled by the carrier, for nonpayment of premiums otherwise, without 30
days prior written notice of amendment or cancellation to City. In the event the
said insurance is canceled, Consultant shall, prior to the cancellation date,
submit new evidence of insurance in the amounts heretofore established.
vi. All required insurance must be in effect prior to awarding this Agreement, and it
or a successor policy must be in effect for the duration of this Agreement.
Maintenance of proper insurance coverage is a material requirement of this
Agreement, and the failure to maintain and renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
If Consultant, at any time during the term of this Agreement, should fail to
secure or maintain any insurance required under this Agreement, City shall be
permitted to obtain such insurance in Consultant's name at Consultant's sole
cost and expense, or may terminate this Agreement for material breach.
vii. Without limiting any other Consultant obligation regarding insurance, should
Consultant's insurance required by this Agreement be cancelled at any point
prior to expiration of the policy, Consultant must notify City within 24 hours of
receipt of notice of cancellation. Furthermore, Consultant must obtain
replacement coverage that meets all contractual requirements within 10 days of
the prior insurer's issuance of notice of cancellation. Consultant must ensure
that there is no lapse in coverage.
W
b. General Liability and Property Damage Insurance
i. Consultant agrees to procure and maintain general liability and property
damage insurance at its sole expense to protect against loss from liability
imposed by law for damages on account of bodily injury, including death
therefrom, and property damage, suffered or alleged to be suffered by any
person or persons whomsoever, resulting directly from any act or activities of
Consultant, its subconsultants, or any person acting for Consultant or under its
control or direction, and also to protect against loss from liability imposed by
law for damages to any property of any person caused directly or indirectly by
or from acts or activities of Consultant, or its subconsultants, or any person
acting for Consultant, or under its control or direction. Such public liability and
property damage insurance shall also provide for and protect City against
incurring any legal cost in defending claims for alleged loss. Such general
liability and property damage insurance shall be maintained in the following
minimum limits: A combined single -limit policy with coverage limits in the
amount of $1,000,000 per occurrence will be considered equivalent to the
required minimum limits.
c. Automotive Insurance
i. Consultant shall procure and maintain public liability and property damage
insurance coverage for automotive equipment with coverage limits of not less
than $1,000,000 combined single limit. If Consultant does not use automobiles
in performing its work under this Agreement, Consultant shall provide a waiver
releasing City from all liability resulting from Consultant's use of personal
vehicles under this Agreement.
d. Worker's Compensation Insurance
i. Consultant shall procure and maintain Worker's Compensation Insurance in the
amount of $1,000,000 per occurrence or as will fully comply with the laws of the
State of California and which shall indemnify, insure, and provide legal defense
for both Consultant and City against any loss, claim, or damage arising from any
injuries or occupational diseases happening to any worker employed by
Consultant in the course of carrying out this Agreement.
ii. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation
against City, its elected or appointed officers, officials, agents, volunteers and
employees for losses paid under the terms of the workers compensation policy
which arise from work performed by Consultant for City.
e. Updates to Insurance
Commencing after the fifth (5th) year of the Contract term, and no more than
once every five (5) years, City may provide to Consultant reasonable, updated
insurance requirements consistent with the City of Santa Clarita's then -current
insurance requirements and Consultant shall comply with any such updated
`,
requirements, provided, however, that Consultant's failure to obtain any
additional or modified coverage consistent with such updated requirements will
not be an Event of Default under this Agreement and Consultant's satisfaction of
the original insurance requirements shall suffice unless the updated insurance
requirements are required by a Governmental Authority other than the City of
Santa Clarita and are specific to Energy Efficiency upgrades such as those
contemplated by this Agreement.
Questions and requests for modification of these terms must be negotiated and approved prior to
contract execution and are at the full discretion of the Citv.
I have read and understand the above requirements and agree to be bound by them for any work performed for the City.
Authorized Signature:
Printed Name:
Date:
27
CERTIFICATIONS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
TO BE EXECUTED BY ALL PROPOSERS AND SUBMITTED WITH PROPOSAL
The undersigned Proposer certifies to City as set forth in sections 1 through 8, below.
1. STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final,
unappealable finding of contempt of court by a Federal Court has been issued against Proposer within
the past two years because of failure to comply with an order of a Federal Court or to comply with an
order of the National Labor Relations Board.
2. CERTIFICATION OF WORKER'S COMPENSATION INSURANCE
By my signature hereunder, I certify that I am aware of the Labor Code Section 3700, which requires
every employer to be insured against liability for worker's compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this Contract.
CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, I certify that I am aware of Labor Code Section 1773, which requires the
payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor
shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5
regarding the employment and training of apprentices. Contractor is responsible to ensure compliance
by any and all subcontractors performing work under this Contract.
4. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE
By my signature hereunder, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code,
and Contractor and Subcontractors are eligible to bid and work on public works projects.
CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, I certify that there will be no discrimination in employment with regard to
race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local
directives and executive orders regarding non-discrimination in employment will be complied with; and
that the principal of equal opportunity in employment will be demonstrated positively and aggressively.
6. CERTIFICATION OF NON -DISQUALIFICATION
By my signature hereunder, I swear, under penalty of perjury, that the below indicated Proposer, any
officer of Proposer, or any employee of Proposer who has a proprietary interest in such Proposer, has
never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal,
State, or local government project because of a violation of law or safety regulation, except as indicated
28
on the separate sheet attached hereto entitled "Previous Disqualifications." If a statement of "Previous
Disqualifications" is attached, please explain the circumstances.
7. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, pursuant to Labor Code Section 2810(a), I certify that, if awarded the
Contract based on the undersigned's Proposal, the Contract will include funds sufficient to allow the
Proposer to comply with all applicable local, state, and federal laws or regulations governing the labor or
services to be provided. I understand that City will be relying on this certification if it awards the
Contract to the undersigned.
8. CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR REGISTRATION
By my signature hereunder, I certify that any Contractor, and all Subcontractors utilized in carrying out
the Contract shall be the subject of current and active contractor registrations pursuant to Division 2,
Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.
PROPOSER:
Authorized Signature:
Printed Name:
Title:
Date:
`A
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
To the CITY OF SANTA CLARITA:
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, the
Bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder
to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that
the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, bid depository, or to any member or agent thereof to effectuate
a collusive or sham bid.
THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE "BIDDER'S CERTIFICATION" SHALL
ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH FORM A
PART OF THE PROPOSAL. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICATION MAY
SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION.
NON -COLLUSION AFFIDAVIT
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
being first duly sworn deposes and says that he/she is
the (sole owner, a partner, president, etc.) of
the party making the foregoing bid; that such
bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association,
organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not
directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall
refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements,
communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to
fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any
advantage against the public body awarding the Contract or anyone interested in the proposed Contract;
that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly,
submitted its bid price, or any breakdown thereof, or the contents thereof, or divulged information or date
relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership,
company, association, organization, bid depository, or to any member or CITY thereof, or to any other
individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to
any corporation, partnership, company association, organization, bid depository, or to any member or CITY
thereof, or to any other individual, except to such person or persons as have a partnership or other financial
interest with said BIDDER in his general business.
Bidder:
Signature
Title
This document must be notarized prior to submittal.
1911
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Sections 2200 et seq.)
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
Project Name: Energy Efficiency Upgrades
As required by California Public Contract Code section 2204, Proposer certifies that the option checked
below relating to Proposer's status in regard to the Iran Contracting Act of 2010 (Public Contract Code
sections 2200 et seq.) is true and correct:
❑ Proposer is not:
(i) identified on the current list of persons and entities engaging in investment activities in
Iran prepared by the California Department of General Services in accordance with
subdivision (b) of Public Contract Code section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000
or more to any other person or entity identified on the current list of persons and entities
engaging in investment activities in Iran prepared by the California Department of General
Services in accordance with subdivision (b) of Public Contract Code section 2203, if that
person or entity uses or will use the credit to provide goods or services in the energy sector
in Iran.
❑ Los Angeles County has exempted Proposer from the requirements of the Iran Contracting Act of
2010 after making a public finding that, absent the exemption, Los Angeles County will be unable
to obtain the goods and/or services to be provided pursuant to the Contract.
❑ The amount of the Contract payable to Proposer for the Project is less than $1,000,000.
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally
bind the Proposer to the above selected option. This certification is made under the laws of the State of
California.
Contractor
Firm
Date
Signed
Name/Title
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be
reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000
or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three
years.
END OF DOCUMENT
Ky:
SECTION D
Sample Contract
SAMPLE ONLY
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
FOR
LM
This AGREEMENT by and between the CITY OF SANTA
and general law city ("CITY") and
is dated
1. CONSIDERATION.
CON-6
Council Approval Date:
-%0 Agenda Item:
Contract Amount:
7N&I
A, a municipal corporation
a
("CONSULTANT"), and
(A) As partial consideration, CONSULTANT agrees to perform the Services listed in
the SCOPE OF SERVICES, below; and
(B) As additional consideration, CONSULTANT and CITY agree to abide by the terms
and conditions contained in this Agreement; and
(C) As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed
dollars ($ ) for CONSULTANT's Services. CITY may modify this
amount as set forth below. Unless otherwise specified by written amendment to this Agreement,
CITY will pay this sum as specified in the attached Exhibit(s) " " which is/are
incorporated by reference.
2. SCOPE OF SERVICES.
(A) CONSULTANT will perform Services listed in the attached Exhibit(s)
which is/are incorporated by reference.
(B) CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment, printing,
vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation,
and all other means whatsoever, except as herein otherwise expressly specified to be furnished by
CITY, necessary or proper to perform and complete the Services and provide the professional
Services required of CONSULTANT by this Agreement.
34
3. PERFORMANCE STANDARDS.
(A) By executing this Agreement, CONSULTANT represents that it has demonstrated
trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a
manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and
insurance experience, service experience, completion ability, personnel, current workload,
experience in dealing with private consultants, and experience in dealing with public agencies all
suggest that CONSULTANT is capable of performing the proposed contract and has a
demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
(B) CONSULTANT will perform its Services in a skillful manner, comply fully with
all City established criteria, and with all applicable federal, state, and local laws, codes, and
professional standards.
(C) CONSULTANT agrees to comply with all applicable federal and state employment
laws regulations and rules including those that relate to minimum hours and wages, occupational
health and safety, workers compensation insurance and state, county and local orders.
(D) CONSULTANT will staff this Agreement with personnel qualified to adequately
and professionally perform the Services.
(i) CONSULTANT acknowledges that the quality and qualifications of the key
personnel are important factors in this Agreement. CONSULTANT and CITY agree that the
services of the key personnel are a material term of this Agreement. CONSULTANT and CITY
agree further that the substitution or removal or change in role or level of effort of such key
personnel would result in damages to the CITY, the measure of which would be impractical or
extremely difficult to fix. In lieu such damages, CITY and CONSULTANT have agreed to
liquidated damages as described below:
(a) For any substitution of any key personnel individual before the end
of the individual's Project commitment period provided in CONSULTANT'S key personnel
staffing schedule, CITY may assess once, and CONSULTANT shall accept, liquidated damages
in the amount of six (6) times the gross monthly salary for each substituted key personnel.
(ii) Liquidated damages for substitution of key personnel shall be deducted
from the next applicable Application for Payment or, if insufficient, shall be paid by
CONSULTANT upon CITY's written demand
(iii) No liquidated damages shall be due under this section D for any substitution
required due to death, incapacity or employment termination of a key personnel.
(E) CONSULTANT will not subcontract any portion of these Services without the
CITY's prior written approval.
(F) CITY's approval of any payment, or conducting of any inspection, reviews,
approvals, or oral statements, or any governmental entity's certification, will in no way limit the
911
CONSULTANT's obligations under this Agreement or CONSULTANT's complete responsibility
for all Services hereunder.
4. PAYMENTS.
(A) For CITY to pay CONSULTANT as specified by this Agreement and as provided
in attached Exhibit(s) " CONSULTANT must submit a detailed invoice to CITY
which lists the hours worked and hourly rates for each personnel category and reimbursable costs
(all as set forth in Exhibit(s) " " ) the tasks performed, the percentage of the task
completed during the billing period, the cumulative percentage completed for each task, the total
cost of that Services during the preceding billing month and a cumulative cash flow curve showing
projected and actual expenditures versus time to date.
(B) CITY may withhold all or a portion of payment otherwise due in the event that
Services are either improperly or not performed.
5. PROJECT COORDINATION AND SUPERVISION.
(A) CONSULTANT will assign as CONSULTANT's
Project Manager and will be responsible for job performance, negotiations, contractual matters,
and coordination with CITY's Project Manager. CONSULTANT may change its Project Manager
only with CITY consent.
(B) CITY will assign as CITY's Project Manager, will
be personally in charge of and personally supervise or perform the technical execution of the
project on a day-to-day basis on behalf of CITY, and will maintain direct communication with
CONSULTANT's Project Manager. CITY may change its Project Manager at any time with
notice to CONSULTANT.
6. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT
for current Services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT Services beyond the current fiscal year, this Agreement will
cover only those costs incurred up to the conclusion of the current fiscal year.
7. FAMILIARITY WITH SERVICES AND SITE.
1
(A) By executing this Agreement, CONSULTANT represents that it has:
(i) Carefully investigated and considered the scope of Services to be
performed; and
(ii) Carefully considered how the Services should be performed; and
(iii) Understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement.
(B) If the Services under this Agreement are to be performed upon any site, or otherwise
require CONSULTANT to access a site, by executing this Agreement CONSULTANT represents
that it has or will investigate the site and is or will be fully acquainted with the conditions there
existing, before commencing the Services under this Agreement.
8. TERM.
(A) The term of this Agreement will be from _ to
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances: (1) Completion of the Services specified in Exhibit(s)
" ", or (2) Termination pursuant to Section 17 TERMINATION.
(B) Except as otherwise separately and expressly p vide by the CITY in writing, the
provisions of this Agreement shall survive any expira ' n, bre o�ermination of this
Agreement, and any completion of the Services.
9. TIME FOR PERFORMANCE.
CONSULTANT will not perform any Services under this Agreement until:
.r
(A) CONSULTANT furnishes proof of insurance as required under Section 24
INSURANCE; and
(B) CITY gives CONSULTANT a written notice to proceed.
Should CONSULTANT begin Services on any phase in advance of receiving written authorization
to proceed, any such professional Services are at CONSULTANT's own risk.
10. SCHEDULE OF PERFORMANCE AND EXTENSIONS.
(A) Should the progress of the Services under this Agreement at any time fall behind
schedule for any reason other than excusable delays CONSULTANT shall apply such additional
manpower and resources as necessary to bring progress of the Services under this Agreement back
on schedule and consistent with the standard of professional skill and care required by this
Agreement. Time is of the essence in the performance of this Agreement.
(B) Should CONSULTANT be delayed by causes beyond CONSULTANT's control,
CITY may grant a time extension for the completion of the contracted Services. If delay occurs,
CONSULTANT must notify the CITY's designated representative within forty-eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The CITY will extend the completion time, when appropriate, for the
completion of the racted Services.
11. CHANGES. CITY may order changes in the Services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
KrA
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the
Services will be determined in accordance with written agreement between the parties.
12. ADDITIONAL SERVICES.
(A) The CITY may request CONSULTANT to provide Services in addition to Scope
of Services, called "Additional Services". Additional Services that incur additional costs
(contingency) of up to 15% of the total contract amount must be authorized by CITY by change
order or other documented means. Costs beyond this amount must first be approved by CITY in
accordance with applicable thresholds and procedures. Additional Services must be authorized by
CITY in writing prior to performance. CONSULTANT shall be compensated for Additional
Services as set forth in Exhibit(s) " " or as specified in the written authorization.
(B) If CONSULTANT believes Additional Services are needed to complete the Scope
of Services, CONSULTANT will provide the CITY with written notification that contains a
specific description of the proposed additional Services, reasons for § +t- dditional Services, and
a detailed proposal regarding cost. CITY is under no obligation toapproveany increase in the
agreed -upon costs for the performance of this Agreement.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary, permits, licenses, and certificates that
may be required in connection with the performance of Services under this Agreement.
14. SITE INSPECTION; DISCOVERY OF HAZARDOUS MATERIALS OR LATENT
CONDITIONS. The discovery, presence, handling or removal of hazardous substances is outside
of CONSULTANT's expertise, unless otherwise specified in Exhibit(s) " and is not
included in the scope of Services. Should CONSULTANT discover any hazardous material, or
latent or unknown conditions that may materially affect the performance of the Services,
CONSULTANT will immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
15. PREVAILING WAGES. CONSULTANT shall comply with the California Prevailing
Wage Law to the extent it applies to work performed under this Agreement. If applicable,
CONSULTANT shall pay prevailing wages to its employees and shall comply with the additional
provisions set forth below:
(A) CONSULTANT shall pay prevailing wages to its employees on any agreement
when required by applicable law. Copies of the general prevailing rates of per diem wages for
each craft, classification, or type of worker needed to execute the Agreement, as determined by
the Director of the Mate of California Department of Industrial Relations, are on file at the
County's Capital Projects Office and may be obtained from the California Department of Industrial
Relations website http://www.dir.ca.gov/OPRL/DPreWageDetennination.htm. CONSULTANT
shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for
all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants
shall keep and maintain accurate employee payroll records for Work performed under the
Agreement. The payroll records shall be certified and submitted as required by law, including
Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no
38
less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5
in the hiring of apprentices for work relating to the Agreement including but not limited to the
requirement that all public works projects valued at $30,000 or more must include an obligation
to hire apprentices, unless the craft or trade does not require the use of apprentices, as indicated in
the corresponding prevailing wage determination. This duty applies to all contractors and
subcontractors on a project, even if their part of the project is less than $30,000.
(B) CONSULTANT acknowledges and agrees that it will comply with AB 1768
(effective January 1, 2020), which amended and expanded the definition of "construction" for
which prevailing wages must be paid to include "work performed during the design, site
assessment, feasibility study, and other pre -construction phases of construction ... regardless of
whether any further construction work is conducted... "
(C) CONSULTANT shall forfeit, as a penalty to Owner, the penalty or penalties as
provided by the California Labor Code, for each laborer, workman, or mechanic employed in
performing labor in and about the Work provided for in the Agreement for each day, or portion
thereof, that such laborer, workman or mechanic is paid less than the said stipulated rates for any
work done under the Agreement by him or her or by any Subconsultant under him or her, in
violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The
sums and amounts which shall be forfeited pursuant to this Paragraph and the terms of the
California Labor Code shall be withheld and retained from payments due to CONSULTANT the
California Labor Code, but no sum shall be so withheld, retained or forfeited except from the final
payment without a full investigation by either the State Department of Industrial Relations or by
Owner. The Labor Commissioner pursuant to California Labor Code § 1775 shall determine the
final amount of forfeiture.
(D) CONSULTANT shall insert in every subcontract or other arrangement which
CONSULTANT may make for performance of Work or labor on Work provided for in the
Agreement provision that Subconsultant shall pay persons performing labor or rendering service
under subcontract or other arrangement not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the Work is performed, and not less than
the general prevailing rate of per diem wages for holiday and overtime work fixed in the California
Labor Code..
(E) CONSULTANT and Subconsultants must keep accurate payroll records, showing
the name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with the Work of the Agreement
Documents. Each payroll record shall contain or be verified by a written declaration as required
by Labor Code Section 1776. The payroll records enumerated above must be certified and shall
be available for inspection at all reasonable hours at the principal office of CONSULTANT as
required by Labor Code Section 1776. This Project is subject to prevailing wage compliance
monitoring and enforcement by the Department of Industrial Relations.
16. WAIVER. CITY's review or acceptance of, or payment for, Services or product prepared
by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
39
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
17. TERMINATION.
(A) Termination for Convenience. CITY may terminate this Agreement at any time
with or without cause by written notice to CONSULTANT.
(i) CONSULTANT will be entitled to recover its costs expended up to the
termination plus reasonable profit thereon to the termination date not to exceed the total costs
under Section 1(C), but may recover no other loss, cost, damage, or expense.
(B) Termination for Cause. CITY may terminate this Agreement in whole or part for
default should CONSULTANT commit a material breach of this Agreement, and such breach has
not been cured within fifteen (15) calendar days of the date of CITY's written notice to
CONSULTANT demanding such cure. In the event CITY terminates this Agreement for default,
CONSULTANT will be liable to CITY for all costs to cure the deficiencies, and all loss, cost,
expense, damage, and liability resulting from such breach and termination. In the event CITY
wrongfully terminates any contract for default, that termination shall automatically convert to a
termination for convenience.
(C) Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination notice. Except as
otherwise provided in the termination notice, any Services performed by CONSULTANT after
receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be
obligated to compensate CONSULTANT for such Services.
(D) Upon a termination, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by CONSULTANT will become CITY's
property and CONSULTANT will delivery any such items in its possession to CITY within thirty
(30) days of termination.
(E) Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms Services similar to those terminated.
18. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but will
deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's Services for purposes other than identified in this Agreement is at CITY's own
ri sk.
19. PUBLICATION OF DOCUMENTS. Except as necessary for performance under this
Agreement, CONSULTANT will not release copies, sketches, or graphs of materials, including
40
graphic art services, prepared pursuant to this Agreement to any other person or public entity
without CITY's prior written approval. All press releases, including graphic display information
to be published in newspapers or magazines, will be approved and distributed solely by CITY,
unless otherwise provided by written agreement between the parties.
20. INDEMNIFICATION AND LIABILITY.
(A) To the fullest extent permitted by law, CONSULTANT shall defend (with legal
counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and its officers,
agents, departments, officials, representatives and employees (collectively "Indemnitees") from
and against any and all claims, loss, cost, damage, injury (including, without limitation, economic
harm, injury to or death of an employee of CONSULTANT or its sub consultants), expense and
liability of every kind, nature and description that arise from or relate to (including, without
limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses
and fees of expert consultants or expert witnesses incurred in connection therewith and costs of
investigation) that arise from or relate to, directly or indirectly, in whole or in part, from: (1)
CONSULTANT's performance of Services under this Agreement, or any part thereof, (including
any additional services authorized by CITY in writing) (2) any negligent act or omission of
CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone
that they control; (3) any actual or alleged infringement of the patent rights, copyright, trade secret,
trade name, trademark, service mark or any other intellectual or proprietary right of any person or
persons in consequence of the use by CITY, or any other Indemnitee, of articles or Services to be
supplied in the performance of this Agreement; or (4) any breach of this Agreement (collectively
"Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not
apply to the extent such Liabilities are caused by the sole negligence or willful misconduct of such
Indemnitee, but shall apply to all other Liabilities. The foregoing shall be subject to the limitations
of California Civil Code section 2782.8 as to any design professional services performed by
CONSULTANT and in particular the limitation on CONSULTANT's duty to defend whereby
such duty only arises for claims relating to the negligence, recklessness or willful misconduct of
CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only
bear such cost in proportion to CONSULTANT's proportionate percentage of fault (except as
otherwise provided in section 2782.8).
(B) The foregoing indemnification provisions will not reduce or affect other rights or
obligations which would otherwise exist in favor of the CITY and other Indemnitees.
(C) CONSULTANT shall place in its subconsulting agreements and cause its
subconsultants to agree to indemnities and insurance obligations in favor of CITY and other
Indemnitees in the exact form and substance of those contained in this Agreement.
21. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT or zany subconsultant's attempts to assign the benefits or burdens of this
Agreement without CITY's written approval are prohibited and will be null and void.
22. INDEPENDENT CONTRACTOR. CONSULTANT shall at all times be deemed an
independent contractor wholly responsible for the manner in which it performs the Services, and
fully liable for the acts and omissions of its employees, subconsultants and agents. Under no
41
circumstances shall this Agreement be construed as creating an employment, agency, joint venture
or partnership relationship between CITY and CONSULTANT, and no such relationship shall be
implied from performance of this Agreement. Terms in this Agreement referring to direction from
CITY shall be construed as providing for direction as to policy and the result of Services only, and
not as to means and methods by which such a result is obtained. CONSULTANT shall pay all
taxes (including California sales and use taxes) levied upon this Agreement, the transaction, or the
Services and/or goods delivered pursuant hereto without additional compensation, regardless of
which party has liability for such tax under applicable law, and any deficiency, interest or penalty
asserted with respect thereto. CONSULTANT shall pay all other taxes including but not limited
to any applicable City business tax, not explicitly assumed in writing by CITY hereunder.
CONSULTANT shall comply with all valid administrative regulations respecting the assumption
of liability for the payment of payroll taxes and contributions as ibove described and to provide
any necessary information with respect thereto to proper authorities. CONSULTANT has no
authority to bind the CITY.
23. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all Services and matters covered under this Agreement. Those records include, without
limitation, correspondence, internal memoranda, calculations, books and accounts, accounting
records documenting its services under its Agreement, and invoices, payrolls, records and all other
data related to matters covered by this Agreement. CITY and its designees will have free access
at all reasonable times to such records, including the right to audit, examine, and make copies,
excerpts, and transcripts from such records, and to inspect all program data, documents,
proceedings and activities. If CITY receives funds from another governmental entity for the
payment in whole or part of the Services, that governmental entity will have all rights the CITY
has under this Section. CONSULTANT will retain all records subject to this Section for at least
three (3) years after termination or final payment under this Agreement.
24. INSURANCE. [All insurance terms subject to review and approval of City Risk
Manager]
(A) Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Professional liability
B iness automobile liability
Workers compensation
Limits
$1,000,000
$1,000,000
$1,000,000
Statutory requirement
(B) Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a
combined single limit per occurrence for bodily injury, personal injury, and property damage for
ty:
the policy coverage. Automobile coverage will be written on ISO Business Auto Coverage
Form CA 00 01 06 92, including symbol 1 (Any Auto). Liability policies will be endorsed to
name CITY, its officials, and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any other insurance that may
be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form
No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30)
days prior written notice to CITY.
(C) Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is provided on a
"claims made basis," CONSULTANT will continue to renew the insurance for a period of at
least three (3) years after this Agreement expires or is terminated. Such insurance will have the
same coverage and limits as the policy that was in effect during the term of this Agreement, and
will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of
CONSULTANT, or its officers, employees or agents during the time this Agreement was in
effect.
(D) CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, including
endorsements, and such other evidence of insurance or copies of policies as may be reasonably
required by CITY from time to time. Insurance must be placed with California -admitted insurers
with (other than workers compensation) a current A.M. Best Company Rating of at least
"A: VII."
(E) Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation
against CITY, its elected or appointed officers, officials, agents, volunteers and employees for
losses paid under the terms of the workers compensation policy which arise from work
performed by CONSULTANT for CITY.
(F) Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and
deduct the cost of such insurance from payments due to CONSULTANT under this Agreement
or terminate pursuant to contract language. In the alternative, should CONSULTANT fail to
meet any of the insurance requirements under the Agreement, City may terminate this
Agreement immediately with no penalty.
(G) Should CONSULTANT'S insurance required by this Agreement be cancelled at
any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of
receipt of notice of vicellation. Furthermore, CONSULTANT must obtain replacement
coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of
notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage.
(H) The CITY shall be entitled to any coverage in excess of the minimums required
herein.
43
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the Services, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the Services remaining and a
description of the Services to be done before the next schedule update.
26. DISPUTE RESOLUTION.
(A) In the event of any dispute between CONSULTANT and CITY regarding any
claim, demand or request by CONSULTANT for time, money, or additional compensation for any
reason whatsoever CONSULTANT shall submit to CITY, within 21 days of CONSULTANT's
first knowledge of the dispute, a written description of CONSULTANT's claim, demand or request
that provides a narrative of the pertinent events, the contractual basis of the CONSULTANT's
position, pricing calculations (if applicable) and attaches supporting documentation. CITY will
then review the issue and make a decision thereon. If CONSULTANT shall fail to provide timely
notice of any such claim, demand or request, then CONSULTANT shall waive is rights to such
claim, demand or request, unless CONSULTANT can demonstrate a manifest lack of prejudice to
CITY resulting from such late notice. CONSULTANT shall continue its work throughout the
course of any dispute, and CONSULTANT's failure to continue work during a dispute shall be a
material breach of this Agreement.
(B) If the CITY denies CONSULTANT's claim, demand, or request in whole or part
and CONSULTANT disagrees, and the claim, demand or request exceeds $50,000 then the parties
shall, as a precondition to initiating litigation, submit the dispute claim, demand, or request to the
Los Angeles JAMS office for non -binding mediation under the appropriate rules. The parties may
agree to any other dispute resolution process. Nothing herein will limit CONSULTANT's
obligation to timely submit to CITY a statutory Government Code Claim, in accordance with
Government Code sections 910 et seq.
27. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT: If to CITY
City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
ATTN: �' Santa Clarita, CA 91355
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three days after deposit thereof in the United States mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the time
of actual delivery. Changes may be made in the names or addresses of persons to whom notices
are to be given by giving notice in the manner prescribed in this Section.
28. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the
44
City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify
the CITY pursuant to Section 27 NOTICES of any staff changes relating to this Agreement.
(A) In accomplishing the Scope of Services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection (B), will be performing a
very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest
arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT,
except as indicated in Subsection (B).
Initials of Consultant
(B) In accomplishing the Scope of Services of this Agreement, CONSULTANT will
be performing a specialized or general service for the CITY, and there is substantial likelihood that
the CONSULTANT's Services product will be presented, either written or orally, for the purpose
of influencing a governmental decision. As a result, the following CONSULTANT personnel shall
be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code:
FAM
U
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, 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 CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
30. THIRD PARTY BENEFICIARIES. CONSULTANT's subconsultants shall agree to be
bound to the terms of the Agreement to the extent of their scope of services, including but not
limited to, terms regarding indemnity and dispute resolution, and shall agree that CITY is deemed
an express third party beneficiaries of their subconsultant agreement. Nothing in this Agreement,
however, shall operate to confer such or similar rights or benefits on persons or entities not party
to this Agreement.
31. INTERPRETATION. ..;This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California. The exclusive venue for any action involving
this Agreement will be in Los Angeles County.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties with respect to the subject matter hereof. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
There is/are ( ) Exhibits (s) to this Agreement. To the extent of a conflict between this
Agreement and one of the Exhibits, the terms of the Agreement shall take precedence. This
Ell
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
33. RULES OF CONSTRUCTION. Each party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a
whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against
either party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent
necessary in the opinion of the court to render such portion enforceable and, as so modified, such
portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary
action has been taken by the parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. To the extent of any contingency above the original
Agreement amount previously approved by the CITY's City Council, additional Services may be
added to this Agreement by an additional authorization executed by both parties. This Agreement
may be otherwise modified by written amendment, which generally requires approval of the
CITY's City Council. CITY's City Manager, or designee, may execute any such authorization or
amendment on behalf of CITY.
36. CAPTIONS. The captions of the sections and paragraphs of this Agreement are for
convenience of reference only and will not affect the interpretation of this Agreement.
37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. "Force Majeure Event" means any act or event that prevents the
affected Party from performing its obligations in accordance with the Agreement, if such act or
event is beyond the reasonable control, and not the result of the fault or negligence, of the affected
Party and such Party had been unable to overcome such act or event with the exercise of due
diligence (including the expenditure of reasonable sums). Subject to the foregoing conditions,
"Force Majeure Event" shall include without limitation the following acts or events: (i) natural
phenomena, such as storms, hurricanes, floods, lightning, volcanic eruptions, wildfires directly
affecting Purchaser (except in connection with public safety power shutoffs caused by the threat
of wildfires) as further discussed below in this provision) or Provider, and earthquakes; (ii)
explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the
Party seeking to be excused from performance; (iii) acts of war or public disorders, civil
disturbances, riots, insurrection, sabotage, epidemic (other than COVID-19), terrorist acts, or
rebellion; (iv) strikes or labor disputes (except strikes or labor disputes caused solely by employees
of Provider or as a result of such party's failure to comply with a collective bargaining agreement);
(v) action or inaction by a Governmental Authority (unless Purchaser is a Governmental Authority
and Purchaser is the Party whose performance is affected by such action nor inaction). A Force
Majeure Event shall not be based on the economic hardship of either Party, nor Purchaser Acts or
public safety power shutoffs by Purchaser (including, without limitation, those caused by the threat
of wildfires). A Force Majeure Event does not include economic conditions that render a Party's
performance of this Agreement at the Contract Price unprofitable or otherwise uneconomic
Purchaser's ability to buy electric energy at a lower price, or Provider's ability to sell electric
energy at a higher price than stated under this Agreement, (2) Provider's inability to obtain permits
or approvals of any type for the construction, operation or maintenance of the System, extent to
the extent that such inability is caused by a Force Majeure Event, (3) the inability of either Party
to make payments when due under this agreement, unless the cause of such an inability is a Force
Majeure Event, (4) Provider's inability to obtain sufficient labor, equipment, materials or other
resources to build or operate the System, except to the extent such inability is caused by a Force
Majeure Event, or (5) any equipment failure or Provider's inability to achieve Commercial
Operation, except if such equipment failure or inability to achieve Commercial Operation is due
to a Force Maj eure Event.
Except as otherwise specifically provided in the Agreement, neither Party shall be considered in
breach of the Agreement or liable for any delay or failure to comply with the Agreement, if and to
the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event;
provided that the Party claiming relief under this Article 10 shall as soon as practicable after
becoming aware of the circumstances constituting Force Majeure (i) notify the other Party in
writing of the existence of the Force Majeure Event, including the nature, cause, estimated date of
commencement thereof, and the anticipated extent of any delay or interruption of performance, all
as known or estimated in good faith by the affected Party; provided, however, that a Party's failure
to give timely Notice shall not affect such Party's ability to assert that a Force Majeure Event has
occurred unless the delay in giving Notice materially prejudices the other Party. In such an event,
the Party that failed to give timely Notice shall bear the burden of demonstrating that no material
prejudice to the other Party has arisen from its failure to give timely Notice, (ii) exercise all
reasonable efforts necessary to minimize the duration, and impact of such Force Majeure Event,
(iii) notify the other Party in writing of the cessation or termination of said Force Majeure Event
and (iv) resume performance of its obligations hereunder as soon as practicable thereafter;
provided, however, that Purchaser shall not be excused from making any payments and paying
any unpaid amounts due in respect of Solar Services delivered to Purchaser prior to the Force
Maj eure Event performance interruption. -Aqq%
If a Force Majeure Event shall have occurred that has affected Provider's performance of its
obligations hereunder and that has continued for a continuous period of one hundred eighty (180)
days, then Purchaser shall be entitled to terminate the Agreement upon ninety (90) days' prior
written notice to Provider. If at the end of such one hundred eighty (180) day period such Force
Majeure Event shall still continue, the Party not claiming Force Majeure shall have the right to
terminate this Agreement. Upon such termination for a Force Majeure Event, neither Party shall
have any liability to the other (other than any such liabilities that have accrued prior to such
termination).
38. DELAY. CONSULTANT shall complete all Services required by this Agreement within
the times specified in the Agreement, except where (1) an event outside of CONSULTANT's
reasonable control causes a delay and (2) CONSULTANT promptly advises CITY of such delay
(such prompt notice to occur no more than 15 days after the first occurrence of the delay). Such
events shall be limited to: acts of neglect by CITY or CITY's agents or by consultants when acting
at CITY's direction; breaches of this Agreement by CITY; Acts of God such as fire and flood;
HFA
explosion, acts of terrorism, war and embargo; and other similar causes beyond the Parties'
reasonable control. In the event of an excusable delay the City may elect whether to terminate this
Agreement or extend the time for performance.
39. PROTECTION OF RESIDENT WORKERS. The CITY actively supports the
Immigration and Nationality Act (INA) which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire
only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.,
and aliens authorized to work in the U. S.). The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment Eligibility
Verification Form (Form I-9), reviewing required proofs of both identify and employment
authorization, and retaining the Form I-9 for the required period. Updated form I-9 information is
available at www.uscis.gov. The CONSULTANT shall establish appropriate procedures and
controls so no Services or products under the Agreement will be performed or manufactured by
any worker who is not legally eligible to perform such Services or employment.
40. FACSIMILE OR ELECTRONIC TRANSMISSION OF CONTRACT AND
SIGNATURE. The parties agree that this Agreement may be transmitted and signed by facsimile
or electronic mail by either/any or both/all parties, and that such signatures shall have the same
force and effect as original signatures, in accordance with California Government Code section
16.5 and Civil Code section 1633.7.
41. STANDARD SUPPLEMENTAL PROVISIONS. Notwithstanding Section 32 ENTIRE
AGREEMENT above, the following Standard Supplemental Provision(s), attached to this
Agreement, is(are) incorporated herein by this reference and takes precedence over any conflicting
provision of this Agreement: [Insert name of any applicable SSP(s), and attach only that
SSP(s)—omit remaining SSP(s). Insert "None" if applicable.]
[SIGNATURES ON NEXT PAGE]
48
IN WITNESS WHEREOF, the parties hereto have executed this contract on the date set forth
below.
FOR CONSULTANT:
M.
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANA
By:
City Manager
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
M.
City Attorney
Date:
IF CORPORATION:
Print Name & Title
Date:
49
STANDARD SUPPLEMENTAL PROVISION CREQUIRED FEDERAL PROVISIONS
[Omit f r�om all other Agreements]
This STANDARD SUPPLEMENTAL PROVISION supplements that certain Professional
Services Agreement between the CITY OF SANTA CLARITA ("CITY") and
("CONSULTANT"), dated , 20
("AGREEMENT")
I. PERFORMANCE
A. This contract shall go into effect on (DATE), contingent upon approval by CITY, and
CONSULTANT shall commence work after notification to proceed by CITY' S Project Manager.
The contract shall end on (DATE), unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on CITY
until the contract is fully executed and approved by CITY.
C. [This paragraph C. applies only to on -call contracts] The period of performance for each specific
project shall be in accordance with the Task Order for that project. If work on a Task Order is in
progress on the expiration date of this contract, the terms of the contract shall be extended by con
ALLOWABLE COSTS AND PAYMENTS tract amendment.
II. ALLOWABLE COSTS AND PAYMENTS
[If the contract is lump sum arm fixed price), the following paragraphs A. E. apply.]
A. The method of payment for this contract will be based on lump sum. The total lump sum
price paid to CONSULTANT will include compensation for all work and deliverables, including
travel and equipment described in Article II Statement of Work of this contract. No additional
compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or
the scope of the project. In the instance of a change in the scope of work or scope of the project,
adjustment to the total lump sum compensation will be negotiated between CONSULTANT and
CITY. Adjustment in the total lump sum compensation will not be effective until authorized by
contract amendment and approved by CITY.
B. Progress payments may be made monthly in arrears based on the percentage of work
completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items
according to the schedule set forth in the Statement of Work, CITY shall have the right to delay
payment or terminate this Contract in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this contract
has been approved by CITY and notification to proceed has been issued by CITY'S Project Manager.
No payment will be made prior to approval of any work, or for any work performed prior to approval
of this contract.
D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon
receipt by CITY' S Project Manager of itemized invoices in triplicate. Invoices shall be submitted no
later than 45 calendar days after the performance of work for which CONSULTANT is billing.
50
Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices
shall follow the format stipulated for the Cost Proposal and shall reference this contract number and
project title. Final invoice must contain the final cost and all credits due CITY that include any
equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The
final invoice should be submitted within 60-calendar days after completion of CONSULTANT's
work. Invoices shall be mailed to CITY's Project Manager at the following address:
City of Santa Clarita
Attn: [Project Manager/
23920 Valencia Blvd.
Valencia, CA 91355
E. The total amount payable by CITY shall not exceed $
[If the contract is for Specific Rates of Compensation, the following paragraphs A. P. apply.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in
CONSULTANTS Cost Proposal (Attachment Number). The specified hourly rates shall include
direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the
performance period set forth in this Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other
than salary costs that are in the cost proposal and identified in the cost proposal and in the executed
Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this contract is identified by CITY, CITY will
prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of
services, expected results, project deliverables, period of performance, project schedule and will
designate a CITY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for
review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a
Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person,
any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement
has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by
both CITY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of
compensation, both of which must be based on the labor and other rates set forth in
CONSULTANT's Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as
specified in the approved Cost Proposal.
G. When milestone cost estimates are included in the approved Cost Proposal,
CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the
Project Manager before exceeding such estimate.
51
H. Progress payments for each Task Order will be made monthly in arrears based on services
provided and actual costs incurred.
L CONSULTANT shall not commence performance of work or services until this contract
has been approved by CITY, and notification to proceed has been issued by CITY'S Project
Manager. No payment will be made prior to approval or for any work performed prior to approval of
this contract.
J. A Task Order is of no force or effect until returned to CITY and signed by an authorized
representative of CITY. No expenditures are authorized on a project and work shall not commence
until a Task Order for that project has been executed by CITY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon
receipt by CITY' S Project Manager of itemized invoices in triplicate. Separate invoices itemizing all
costs are required for all work performed under each Task Order. Invoices shall be submitted no later
than 45 calendar days after the performance of work for which CONSULTANT is billing, or upon
completion of the Task Order. Invoices shall detail the work performed on each milestone, on each
project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and
shall reference this contract number, project title and Task Order number. Credits due CITY that
include any equipment purchased under the provisions of Article XI Equipment Purchase of this
contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this
contract. Invoices shall be mailed to CITY's Project Manager at the following address:
City of Santa Clarita
Attn: [Project Manager]
23920 Valencia Blvd.
Valencia, CA 91355
L. The period of performance for Task Orders shall be in accordance with dates specified in
the Task Order. No Task Order will be written which extends beyond the expiration date of this
Contract.
M. The total amount payable by CITY for an individual Task Order shall not exceed the
amount agreed to in the Task Order, unless authorized by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set
forth in a Task Order, no payment will be made until the deliverable has been satisfactorily
completed.
O. Task Orders may not be used to amend this Agreement and may not exceed the scope of
work under this Agreement.
P. The total amount payable by CITY for all Task Orders resulting from this contract shall
not exceed $ . It is understood and agreed that there is no guarantee, either
expressed or implied that this dollar amount will be authorized under this contract through Task
Orders.
WA
III. TERMINATION
A. CITY reserves the right to terminate this contract upon thirty (30) calendar days written
notice to CONSULTANT with the reasons for termination stated in the notice.
B. CITY may terminate this contract with CONSULTANT should CONSULTANT fail to
perform the covenants herein contained at the time and in the manner herein provided. In the event of
such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY
terminates this contract with CONSULTANT, CITY shall pay CONSULTANT the sum due to
CONSULTANT under this contract prior to termination, unless the cost of completion to CITY
exceeds the funds remaining in the contract. In which case the overage shall be deducted from any
sum due CONSULTANT under this contract and the balance, if any, shall be paid to
CONSULTANT upon demand.
C. The maximum amount for which the CITY shall be liable if this contract is terminated is
dollars.
IV. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 3 1. 000 et seq., shall be used to determine the cost
allowability of individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 49
CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
C. Any costs for which payment has been made to CONSULTANT that are determined by
subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 3 1. 000 et seq., are subject to repayment by CONSULTANT to
CITY.
V. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21,
California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters
connected with the performance of the contract pursuant to Government Code 8546.7;
CONSULTANT, subconsultants, and CITY shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the performance of
the contract, including but not limited to, the costs of administering the contract. All parties shall
make such materials available at their respective offices at all reasonable times during the contract
period and for three years from the date of final payment under the contract. The state, State Auditor,
CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to
any books, records, and documents of CONSULTANT and it's certified public accountants (CPA)
work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations,
excerpts, and transactions, and copies thereof shall be furnished if requested.
53
VI. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this
contract that is not disposed of by agreement, shall be reviewed by CITY' S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request
a review by CITY' S Chief Financial Officer of unresolved audit issues. The request for review will
be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse
CONSULTANT from full and timely performance, in accordance with the terms of this contract.
D. [This paragraph D. applies only to contracts of $150, 000 or greater] CONSULTANT and
subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as,
but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work
paper review. If selected for audit or review, the contract, cost proposal and ICR and related work
papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related
laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's
responsibility to ensure federal, state, or local government officials are allowed full access to the
CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall
be adjusted by CONSULTANT and approved by CITY contract manager to conform to the audit or
review recommendations. CONSULTANT agrees that individual terms of costs identified in the
audit report shall be incorporated into the contract by this reference if directed by CITY at its sole
discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure
that the federal, state or local governments have access to CPA work papers, will be considered a
breach of contract terms and cause for termination of the contract and disallowance of prior
reimbursed costs.
E. [This paragraph E. applies only to contracts of $3, 500, 000 or greater]
CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans'
Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and
approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT
and approved by the CITY Project Manager to conform to the Work Paper Review recommendations
included in the management letter or audit recommendations included in the audit report. Refusal by
the CONSULTANT to incorporate the Work Paper Review recommendations included in the
management letter or audit recommendations included in the audit report will be considered a breach
of the contract terms and cause for termination of the contract and disallowance of prior reimbursed
costs.
1. During a Caltrans' review of the ICR audit work papers created by the CONSULTANT's
independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of
issues that arise during the review. Each party agrees to use its best efforts to resolve any audit
disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable
to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at a provisional ICR
until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing
Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and
guidelines of the American Association of State Highways and Transportation Officials Audit Guide;
54
and other applicable procedures and guidelines }is received and approved by A&I. Provisional rates
will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90%
of the proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85%
of the proposed rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the
proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require
CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3)
months of the effective date of the management letter. Caltrans will then have up to six (6) months to
review the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still
unable to issue a cognizant approval letter after the revised independent CPA -audited ICR is
submitted, overhead cost reimbursement will be limited to the provisional ICR that was established
upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In
this event, this provisional ICR will become the actual and final ICR for reimbursement purposes
under this contract.
4. CONSULTANT may submit to CITY final invoice only when all of the following items have
occurred: (1) Caltrans approves or rejects the original or revised independent CPA -audited ICR; (2)
all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3)
Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL
INVOICE TO local agency no later than 60 days after occurrence of the last of these items. The
provisional ICR will apply to this contract and all other contracts executed between CITY and the
CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
VII. SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation
between CITY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its
responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to CITY
for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly
employed by any of them as it is for the acts and omissions of persons directly employed by
CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent
obligation from CITY' S obligation to make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its
own organization and no portion of the work pertinent to this contract shall be subcontracted without
written authorization by CITY's Project Manager, except that, which is expressly identified in the
approved Cost Proposal.
C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of
each payment made to CONSULTANT by CITY.
61..1
D. All subcontracts entered into as a result of this contract shall contain all the provisions
stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by CITY's Project
Manager prior to the start of work by the subconsultant(s).
VIII. EQUIPMENT PURCHASE
A. Prior authorization in writing, by CITY's Project Manager shall be required before
CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for
supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the
necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT's
Cost Proposal and exceeding $5,000 prior authorization by CITY's Project Manager; three
competitive quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following:
"CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable
property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or
more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a
proper refund or credit at the conclusion of the contract, or if the contract is terminated,
CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair
market value, or sell such equipment at the best price obtainable at a public or private sale, in
accordance with established CITY procedures; and credit CITY in an amount equal to the sales price.
If CONSULTANT elects to keep the equipment, fair market value shall be determined at
CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment.
Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT,
if it is determined to sell the equipment, the terms and conditions of such sale must be approved in
advance by CITY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000 is credited to the project.
IX. STATE PREVAILING WAGE RATES
[If the contract includes work to be performed by crafts affected by state labor laws, the
following paragraphs A. and B. apply.]
A. CONSULTANT shall comply with the State of California's General Prevailing Wage
Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State,
and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for
public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance
of public works, shall contain all of the provisions of this Article, unless the awarding agency has an
approved labor compliance program by the Director of Industrial Relations.
6'Sy
C. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department
of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See
http://www.dir.ca.gov.
[If the contract does not include any work to be performed by crafts affected by state labor
laws, the following paragraph A. applies.]
A. The State of California's General Prevailing Wage Rates are not applicable to this
contract.
X. CONFLICT OF INTEREST
A. CONSULTANT shall disclose any financial, business, or other relationship with CITY
that may have an impact upon the outcome of this contract, or any ensuing CITY construction
project. CONSULTANT shall also list current clients who may have a financial interest in the
outcome of this contract, or any ensuing CITY construction project, which will follow.
B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any
financial or business interest that would conflict with the performance of services under this contract.
[If the contract is for preparation of plans, specifications or estimates, the following paragraphs C.
and D. apply]
C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with
CONSULTANT will bid on any construction contract, or on any contract to provide construction
inspection for any construction project resulting from this contract. An affiliated firm is one, which is
subject to the control of the same persons through joint -ownership, or otherwise.
D. Except for subconsultants whose services are limited to providing surveying or materials testing
information, no subconsultant who has provided design services in connection with this contract shall
be eligible to bid on any construction contract, or on any contract to provide construction inspection
for any construction project resulting from this contract.
[If the contract is for Construction Administration Services, the following paragraphs C., D.
and E. apply]
C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any firm
affiliated with CONSULTANT providing services on this project prepared the Plans, Specifications,
and Estimate for any construction project included within this contract. An affiliated firm is one,
which is subject to the control of the same persons through joint- ownership, or otherwise.
D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with
CONSULTANT, will bid on any construction subcontracts included within the construction contract.
Additionally, CONSULTANT certifies that no person working under this contract is also employed
by the construction contractor for any project included within this contract.
E. Except for subconsultants whose services are limited to materials testing, no subconsultant
who is providing service on this contract shall have provided services on the design of any project
included within this contract.
6'fl
XI. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or
other unlawful consideration, either promised or paid to any CITY employee. For breach or violation
of this warranty, CITY shall have the right in its discretion; to terminate the contract without liability;
to pay only for the value of the work actually performed; or to deduct from the contract price; or
otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
XIL PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR
LOBBYING
[This Article applies only where federal funding for this contract will exceed $150, 0001
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid
by -or -on behalf of CONSULTANT to any person for influencing or attempting to influence
an officer or employee of any state or federal agency; a Member of the State Legislature or
United States Congress; an officer or employee of the Legislature or Congress; or any
employee of a Member of the Legislature or Congress, in connection with the awarding of
any state or federal contract; the making of any state or federal grant; the making of any state
or federal loan; the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any state or federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid
to any person for influencing or attempting to influence an officer or employee of any federal
agency; a Member of Congress; an officer or employee of Congress, or an employee of a
Member of Congress; in connection with this federal contract, grant, loan, or cooperative
agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the
language of this certification be included in all lower -tier subcontracts, which exceed $100,000 and
that all such sub recipients shall certify and disclose accordingly.
XIIL STATEMENT OF COMPLIANCE
A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under
penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt,
complied with, the nondiscrimination program requirements of Government Code Section 12990 and
Title 2, California Administrative Code, Section 8103.
58
B. During the performance of this Contract, Consultant and its subconsultants shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, physical disability
(including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital
status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation
and treatment of their employees and applicants for employment are free from such discrimination
and harassment. Consultant and subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing Government
Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Contract by reference and
made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of
their obligations under this clause to labor organizations with which they have a collective bargaining
or other Agreement.
C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -
assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part
21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
federal assistance will implement and maintain a policy of nondiscrimination in which no person in
the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability,
be excluded from participation in, denied the benefits of or subject to discrimination under any
program or activity by the recipients of federal assistance or their assignees and successors in
interest.
D. The Consultant, with regard to the work performed by it during the Agreement shall act in
accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race,
color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants,
including procurement of materials and leases of equipment. The Consultant shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S
Regulations, including employment practices when the Agreement covers a program whose goal is
employment.
XIV. DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of
perjury under the laws of the State of California, that CONSULTANT has complied with Title 2
CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension
(nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of
owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary
exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred,
voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil
judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or
official misconduct within the past three (3) years. Any exceptions to this certification must be
disclosed to CITY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be
considered in determining CONSULTANT responsibility. Disclosures must indicate to whom
exceptions apply, initiating agency, and dates of action.
ti
C. Exceptions to the Federal Government Excluded Parties List System maintained by the
General Services Administration are to be determined by the Federal highway Administration.
XV. ARTICLE XVIII FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written
before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both
parties, in order to avoid program and fiscal delays that would occur if the contract were executed
after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to CITY
for the purpose of this contract. In addition, this contract is subject to any additional restrictions,
limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing
board that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be
amended to reflect any reduction in funds.
D. CITY has the option to void the contract under the 30-day termination clause pursuant to
Article III, or by mutual agreement to amend the contract to reflect any reduction of funds.
XVL CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the
parties.
B. CONSULTANT shall only commence work covered by an amendment after the
amendment is executed and notification to proceed has been provided by CITY's Project Manager.
C. There shall be no change in CONSULTANT's Project Manager or members of the project
team, as listed in the approved Cost Proposal, which is a part of this contract without prior written
approval by CITY's Project Manager.
XVIL DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants
who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated
statewide overall DBE goal.
B. The goal for DBE participation for this contract is %. Participation by DBE
consultant or subconsultants shall be in accordance with information contained in the Consultant
Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information
(Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is
unable to perform, CONSULTANT must make a good faith effort to replace him/her with another
DBE subconsultant, if the goal is not otherwise met.
60
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to
participate in the performance of contracts financed in whole or in part with federal funds.
CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49
CFR, Part 26 in the award and administration of US DOT -assisted agreements. Failure by
CONSULTANT to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as CITY deems appropriate.
D. Any subcontract entered into as a result of this contract shall contain all of the provisions
of this section.
E. A DBE firm may be terminated only with prior written approval from CITY and only for
the reasons specified in 49 CFR 26.53(f). Prior to requesting CITY consent for the termination,
CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for
execution of the work of the contract and is carrying out its responsibilities by actually performing,
managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible
with respect to materials and supplies used on the contract, for negotiating price, determining quality
and quantity, ordering the material, and installing (where applicable) and paying for the material
itself. To determine whether a DBE is performing a CUF, evaluate the amount of work
subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is
commensurate with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a
transaction, contract, or project through which funds are passed in order to obtain the appearance of
DBE participation. In determining whether a DBE is such an extra participant, examine similar
transactions, particularly those in which DBEs do not participate.
H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of
the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the
work of the contract than would be expected on the basis of normal industry practice for the type of
work involved, it will be presumed that it is not performing a CUR
L CONSULTANT shall maintain records of materials purchased or supplied from all
subcontracts entered into with certified DBEs. The records shall show the name and business address
of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of
tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE
prime consultants shall also show the date of work performed by their own forces along with the
corresponding dollar value of the work.
J. Upon completion of the Contract, a summary of these records shall be prepared and
submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprise
(DBE), First -Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by
CONSULTANT or CONSULTANT's authorized representative and shall be furnished to the Project
Manager with the final invoice. Failure to provide the summary of DBE payments with the final
invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld
61
from payment until the form is submitted. The amount will be returned to CONSULTANT when a
satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier
Subconsultants" is submitted to the Project Manager.
K. If a DBE subconsultant is decertified during the life of the contract, the decertified
subconsultant shall notify CONSULTANT in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify
CONSULTANT in writing with the date of certification. Any changes should be reported to CITY's
Project Manager within 30 days.
XVIILCONTINGENT FEE
CONSULTANT warrants, by execution of this contract that no person or selling agency has been
employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide
established commercial or selling agencies maintained by CONSULTANT for the purpose of
securing business. For breach or violation of this warranty, CITY has the right to annul this contract
without liability; pay only for the value of the work actually performed, or in its discretion to deduct
from the contract price or consideration, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee.
XIX. DISPUTES
[If the contract is not for preparation of plans, specifications or estimates, the following
paragraphs A. - C. apply]
A. Any dispute, other than audit, concerning a question of fact arising under this contract that
is not disposed of by agreement shall be decided by a committee consisting of CITY's Contract
Administrator and ( Department Head or Official), who may consider written or verbal information
submitted by CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, CONSULTANT
may request review by CITY Governing Board of unresolved claims or disputes, other than audit.
The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse
CONSULTANT from full and timely performance in accordance with the terms of this contract.
[If the contract requires submission of plans, specifications or estimates, replace the above
paragraph B. with the following]
B. Not later than 30 days after completion of all deliverables necessary to complete the plans,
specifications and estimates, CONSULTANT may request review by CITY Governing Board of
unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
XX. INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the state, and the FHWA if federal
participating funds are used in this contract; to review and inspect the project activities and files at all
62
reasonable times during the performance period of this contract including review and inspection on a
daily basis.
XXI. SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT
regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety
instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT
personnel shall wear hard hats and safety vests at all times while working on the construction project
site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, CITY has
determined that such areas are within the limits of the project and are open to public traffic.
CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and
15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe
operation of its vehicles and the protection of the traveling public from injury and damage from such
vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions
of this Article.
XXII. INSURANCE
[The following provisions only apply if the contract scope of services may require the consultant or
subconsultant to work within the operating state or Local Agency Highway Right of Way; where
there would be exposure to public traffic or construction operations,]
A. Prior to commencement of the work described herein, CONSULTANT shall furnish CITY
a Certificate of Insurance stating that there is general comprehensive liability insurance presently in
effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars
($1,000,000) per occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured's coverage without 30 days prior
written notice to CITY.
2. That CITY, its officers, agents, employees, and servants are included as additional
insureds, but only insofar as the operations under this contract are concerned.
That CITY will not be responsible for any premiums or assessments on the policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall
be in effect at all times during the term of this contract. In the event said insurance coverage expires
at any time or times during the term of this contract, CONSULTANT agrees to provide at least thirty
(30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing
insurance coverage as provided for herein, for not less than either the remainder of the term of the
contract, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the
63
approval of CITY. In the event CONSULTANT fails to keep in effect at all times insurance coverage
as herein provided, CITY may, in addition to any other remedies it may have, terminate this contract
upon occurrence of such event.
XXIII.OWNERSHIP OF DATA
A. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produce as part of this contract will automatically be
vested in CITY; and no further agreement will be necessary to transfer ownership to CITY.
CONSULTANT shall furnish CITY all necessary copies of data needed to complete the review and
approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine-readable form, are intended for one-time use in the construction of the project
for which this contract has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected
with the modification, or misuse by CITY of the machine-readable information and data provided by
CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or
losses arising out of, or connected with any use by CITY of the project documentation on other
projects for additions to this project, or for the completion of this project by others, except only such
use as many be authorized in writing by CONSULTANT.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the
contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for
federal -aid contracts).
E. CITY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and
irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for
government purposes.
XXIV. CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR
A. If claims are filed by CITY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional information or assistance from CONSULTANT's
personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to
make its personnel available for consultation with CITY' S construction contract administration and
legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that CITY considers essential to assist in defending against
construction contractor claims will be made available on reasonable notice from CITY. Consultation
or testimony will be reimbursed at the same rates, including travel costs that are being paid for
CONSULTANT's personnel services under this contract.
C. Services of CONSULTANT's personnel in connection with CITY's construction
contractor claims will be performed pursuant to a written contract amendment, if necessary,
extending the termination date of this contract in order to resolve the construction claims.
64
XXV. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to
CITY's operations, which are designated confidential by CITY and made available to
CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from
unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY
relating to the contract, shall not authorize CONSULTANT to further disclose such information, or
disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the
contract or CITY's actions on the same, except to CITY's staff, CONSULTANT's own personnel
involved in the performance of this contract, at public hearings or in response to questions from a
Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature,
whatsoever, regarding work performed or to be performed under this contract without prior review of
the contents thereof by CITY, and receipt of CITY' S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions
of this Article.
[The following paragraph F. applies to PS&E contracts]
F. All information related to the construction estimate is confidential, and shall not be
disclosed by CONSULTANT to any entity other than CITY.
XXVI. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under
penalty of perjury that no more than one final unappealable finding of contempt of court by a federal
court has been issued against CONSULTANT within the immediately preceding two-year period,
because of CONSULTANT's failure to comply with an order of a federal court that orders
CONSULTANT to comply with an order of the National Labor Relations Board.
XXVII. EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to
CONSULTANT for comments. The evaluation together with the comments shall be retained as part
of the contract record.
XXVIIL RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions
of this section.
65
B. No retainage will be withheld by the Agency from progress payments due the prime
consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will
be held by the prime consultant from progress due subconsultants. Any violation of this provision
shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other
remedies specified in Section 7108.5 of the California Business and Professions Code. This
requirement shall not be construed to limit or impair any contractual, administrative, or judicial
remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute
involving late payment or nonpayment by the prime consultant or deficient subconsultant
performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -
DBE prime consultants and subconsultants.
XXIX. NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract and
changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt
requested, postage prepaid, and addressed as provided in the contract.
XXX.CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named
CITY, hereby agree that this contract constitutes the entire agreement which is made and concluded
in duplicate between the two parties. Both of these parties for and in consideration of the payments to
be made, conditions mentioned, and work to be performed; each agree to diligently perform in
accordance with the terms and conditions of this contract as evidenced by the signatures in the
contract.
66
SAMPLE
CAPITAL IMPROVEMENT PROJECT AGREEMENT
PROJECT NAME HERE (FEDERALLY FUNDED PROJECT)
This AGREEMENT is made and entered into BY AND BETWEEN the City of Santa Clarita, as
CITY, and *ENTER CONTRACTOR HERE* , as CONTRACTOR.
CITY and CONTRACTOR have mutually agreed as follows:
ARTIC LF I
That contract documents for the aforesaid project shall consist of the Notice Inviting Bids,
Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special
Provisions, Plans, and all referenced specifications, details, standard drawings, special drawings,
appendices, and City's Labor Compliance Program; together with this AGREEMENT and all
required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all
addenda or supplemental agreements clarifying or extending the work contemplated as may be
required to insure its completion in an acceptable manner. All of the provisions of said
AGREEMENT documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY,
CONTRACTOR agrees to furnish all materials and perform all work required for the above -stated
project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out of the nature
of the work during its progress or prior to its acceptance including those for well and faithfully
completing the work and the whole thereof in the manner and time specified in the aforesaid contract
documents; and also including those arising from actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the work, suspension or discontinuance of the work,
and all other unknowns or risks of any description connected with the work.
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide
the materials, do the work, and fulfill the obligations according to the terms and conditions herein
contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time,
in the manner, and upon the conditions set forth in the contract documents.
67
ARTICIN V
City and its respective elected and appointed boards, officials, officers, agents, employees, and
volunteers (individually and collectively, "Indemnitees") shall have no liability to
CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend, protect,
and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of
action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever
nature, including reasonable attorney's fees and disbursements (collectively, "Claims"), which
Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or
arising out of any injury to or death of any person(s), damage to property, loss of use of property,
economic loss, or otherwise occurring as a result of or allegedly caused by the CONTRACTOR'S
performance of or failure to perform any services under this Agreement, or by the negligent or
willful acts or omissions of CONTRACTOR, its agents, officers, directors, or employees,
committed in performing any of the services under this Agreement.
If any action or proceeding is brought against Indemnitees by reason of any of the matters against
which CONTRACTOR has agreed to indemnify Indemnitees as provided above, CONTRACTOR,
upon notice from City, shall defend Indemnitees at its expense by counsel acceptable to City, such
acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the
matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The
limits of the insurance required to be maintained by CONTRACTOR in this Agreement shall not
limit the liability of CONTRACTOR hereunder. The provisions of this section shall survive the
expiration or earlier termination of this agreement.
The provisions of this section do not apply to Claims occurring as a result of the City's active
negligence or acts of omission.
ARTICLE VI
The provisions of this this section are provided in compliance with Public Contract Code Section
9204; they provide the procedures for any claims related to the Work performed under this
Agreement.
1. Claim Definition. "Claim" means a separate demand by CONTRACTOR sent by registered mail
or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by CITY.
(B) Payment by CITY of money or damages arising from the Services performed by, or on behalf
of, CONTRACTOR pursuant to the Agreement and payment for which is not otherwise expressly
provided or to which CONTRACTOR is not otherwise entitled.
(C) Payment of an amount that is disputed by CITY.
68
2. Claim Process.
(A) Timing. Any Claim must be submitted to CITY in compliance with the requirements of this
section no later than fourteen (14) days following the event or occurrence giving rise to the Claim.
This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result
in its being deemed waived.
(B) Submission. The Claim must be submitted to CITY in writing, clearly identified as a "Claim"
submitted pursuant to this Article VI and must include reasonable documentation substantiating the
Claim. The Claim must clearly identify and describe the dispute, including relevant references to
applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional
payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and
subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices,
or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time
or delay costs must be substantiated with schedule analysis and narrative depicting and explaining
claimed time impacts.
(C) Review. Upon receipt of a Claim in compliance with this Article VI, CITY shall conduct a
reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide
CONTRACTOR a written statement identifying what portion of the Claim is disputed and what
portion is undisputed. Upon receipt of a Claim, CITY and CONTRACTOR may, by mutual
agreement, extend the time period provided in this paragraph 2.
(D) If CITY Approval Required. If CITY needs approval from its governing body to provide
CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of
the Claim, and CITY' S governing body does not meet within the 45 days or within the mutually
agreed to extension of time following receipt of a Claim sent by registered mail or certified mail,
return receipt requested, CITY shall have up to three days following the next duly publicly noticed
meeting of CITY after the 45-day period, or extension, expires to provide CONTRACTOR a written
statement identifying the disputed portion and the undisputed portion.
(E) Payment. Any payment due on an undisputed portion of the Claim shall be processed and made
within 60 days after CITY issues its written statement. If CITY fails to issue a written statement,
paragraph 3, below, shall apply.
3. Disputed Claims
(A) Meet and Confer. If CONTRACTOR disputes CITY' S written response, or if CITY fails to
respond to a Claim submitted pursuant to this Article within the time prescribed, CONTRACTOR
may demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt
requested, CITY shall schedule a meet and confer conference within 30 days for settlement of the
dispute. Within 10 business days following the conclusion of the meet and confer conference, if the
69
Claim or any portion of the Claim remains in dispute, CITY shall provide CONTRACTOR a written
statement identifying the portion of the Claim that remains in dispute and the portion that is
undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made
within 60 days after CITY issues its written statement.
(B) Mediation. Any remaining disputed portion of the Claim, as identified by CONTRACTOR in
writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the
associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10
business days after the disputed portion of the Claim has been identified in writing by
CONTRACTOR. If the parties cannot agree upon a mediator, each party shall select a mediator and
those mediators shall select a qualified neutral third party to mediate the disputed portion of the
Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with
the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining
in dispute shall be subject to any other remedies authorized by the Agreement and laws.
(i) For purposes of this paragraph 3.13, mediation includes any nonbinding process, including, but
not limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(ii) Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted
pursuant to this section shall excuse any further obligation, if any, under Public Contract Code
Section 20104.4 to mediate after litigation has been commenced.
4. CITY' S Failure to Respond. Failure by CITY to respond to a Claim from CONTRACTOR within
the time periods described in this Article or to otherwise meet the time requirements of this Article
shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of
CITY' S failure to have responded to a Claim, or its failure to otherwise meet the time requirements
of this Article, shall not constitute an adverse finding with regard to the merits of the Claim or the
responsibility or qualifications of CONTRACTOR.
5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at
seven (7) percent per annum.
6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks
legal standing to assert a Claim against CITY because privity of contract does not exist,
CONTRACTOR may present to CITY a Claim on behalf of a subcontractor or lower tier
subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf
of a lower tier subcontractor, that CONTRACTOR present a Claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The
subcontractor requesting that the Claim be presented to CITY shall furnish reasonable
documentation to support the Claim. Within 45 days of receipt of this written request,
CONTRACTOR shall notify the subcontractor in writing as to whether CONTRACTOR presented
the claim to CITY and, if CONTRACTOR did not present the claim, provide the subcontractor with
a statement of the reasons for not having done so.
70
7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is
void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties
may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a
civil action or binding arbitration, as applicable; and (2) CITY may prescribe reasonable change
order, claim, and dispute resolution procedures and requirements in addition to the provisions of
Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this Article.
ARTICLE VII
CONTRACTOR affirms that the signatures set forth hereinafter in execution of this AGREEMENT
represent all individuals, firm members, partners, joint ventures, or corporate officers having
principal interest herein.
ARTICLE VIII
Nature of Relationshi
CONTRACTOR shall not be subject to day-to-day supervision and control by CITY employees or
officials. CONTRACTOR shall perform services in accordance with the rules, regulations and
policies of CITY respecting such services, and in accordance with appropriate standards of
professional conduct, if any, applicable to the services provided. CITY shall not be responsible for
withholding any payroll or other taxes on behalf of CONTRACTOR. It is understood and agreed
that the CONTRACTOR is, and at all times shall be, an independent CONTRACTOR and nothing
contained herein shall be construed as making the CONTRACTOR, or any individual whose
compensation for services is paid by the CONTRACTOR, an agent or employee of the CITY, or
authorizing the CONTRACTOR to create or assume any obligation of liability for or on behalf of
the CITY.
ARTICLE IX
CONTRACTOR shall maintain and submit certificates of all applicable insurance including, but not
limited to, the following and as otherwise required by law. The terms of the insurance policy or
policies issued to provide the above insurance coverage shall provide that said insurance may not be
amended or canceled by the carrier, for non-payment of premiums or otherwise, without thirty (30)
days prior written notice of amendment or cancellation to the CITY.
Liability Insurance
During the entire term of this agreement, the CONTRACTOR agrees to procure and maintain
General Liability insurance at its sole expense to protect against loss from liability imposed by law
for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered
by any person or persons whomsoever, resulting directly or indirectly from any act or activities,
errors or omissions, of the CITY, or CONTRACTOR or any person acting for the CITY, or under
its control or direction, and also to protect against loss from liability imposed by law for damages to
any property of any person caused directly or indirectly by or from acts or activities of the CITY, or
71
CONTRACTOR or any person acting for the CITY, or under its control or direction.
Such public liability and property damage insurance shall also provide for and protect the CITY
against incurring any legal cost in defending claims for alleged loss.
Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this
Agreement, City may obtain coverage at CONTARCTOR' S expense and deduct the cost of such
insurance from payments due to CONTRACTOR under this Agreement or terminate. In the
alternative, should CONTRACTOR fail to meet any of the insurance requirements under this
agreement, City may cancel the Agreement immediately with no penalty.
Should CONTRACTOR's insurance required by this Agreement be cancelled at any point prior to
expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of
cancellation. Furthermore, CONTRACTOR must obtain replacement coverage that meets all
contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation.
CONTRACTOR must ensure that there is no lapse in coverage.
Such General, Public and Professional liability, and property damage insurance shall be maintained
in full force and effect throughout the term of the AGREEMENT and any extension thereof in the
amount indicated above or the following minimum limits:
A combined single limit liability policy in the amount of $2,000,000 or a commercial general liability
policy with a $2,000,000 occurrence limit and a $4,000,000 aggregate limit will be considered
equivalent to the required minimum limits.
All policies of insurance shall be placed with insurers acceptable to CITY. The insurance
underwriter(s) for all insurance policies except Workers' Compensation shall have an A. M. Best
Company rating of [A-, VIII] or better, unless otherwise specified in Contract Documents.
All of such insurance shall be primary insurance and, shall name the City of Santa Clarita, its
officers, directors, officials, agents, employees and volunteers as additional insured. A Certificate
of Insurance and an additional insured endorsement (for general and automobile liability),
evidencing the above insurance coverage with a company acceptable to the City's Risk Manager
shall be submitted to City prior to execution of this Agreement on behalf of the City.
If the operation under this Agreement results in an increased or decreased risk in the opinion of the
City Manager, then the CONTRACTOR agrees that the minimum limits herein above designated
shall be changed accordingly upon request by the City Manager.
The CONTRACTOR agrees that provisions of this paragraph as to maintenance of insurance shall
not be construed as limiting in any way the extent to which the CONTRACTOR may be held
responsible for the payment of damages to persons or property resulting from the CONTRACTOR's
activities or the activities of any person or persons for which the CONTRACTOR is otherwise
responsible.
All Subcontractors shall maintain the same insurance required to be maintained by CONTRACTOR
with respect to their portions of the Work unless otherwise indicated in Contract Documents, and
r`a
CONTRACTOR shall cause the Subcontractors to furnish proof thereof to CITY within ten Days of
CITY' S request.
Worker's Compensation Insurance
The CONTRACTOR shall procure and maintain, at its sole expense, Worker's Compensation
Insurance in the amount of $1,000,000 per occurrence or in such amount as will fully comply with
the laws of the State of California and which shall indemnify, insure and provide legal defense for
both the CONTRACTOR and the CITY against any loss, claim or damage arising from any
injuries or occupational diseases happening to any worker employed by the CONTRACTOR in the
course of carrying out the work within the AGREEMENT. Such insurance shall also contain a
waiver of subrogation naming the City of Santa Clarita, its officers, directors, officials, agents, and
employees.
Automotive Insurance
The CONTRACTOR shall procure and maintain, at its sole expense, throughout the term of this
AGREEMENT, and any extension thereof, public liability and property damage insurance coverage
for automotive equipment with coverage limits of not less than $1,000,000 combined single limit.
All such insurance shall be primary insurance and shall name the City of Santa Clarita as an
additional insured.
Fire and Extended Coverage Insurance (Services involving real property only)
CONTRACTOR also agrees to procure and maintain, at its sole expense, during the term of this
Agreement, and any extension thereof, a policy of fire, extended coverage and vandalism insurance.
All -Risk Course of Construction Insurance including damage to property owned by CITY,
CONTRACTOR or third parties caused by fire. Insurance shall be in the amount of 100 percent of
the completed value of the Work to be performed under this Contract. Deductible shall not exceed
[$25,000.00]. Each loss shall be borne by CONTRACTOR.
COVID-19: CONTRACTOR shall ensure its insurance coverages cover claims and/or losses
related to the COVID-19 pandemic to the extent such insurance coverage is available. If such
insurance is unavailable, but becomes available during the life of the contract, CONTRACTOR
procure a policy and name the City as additionally insured.
ARTICLE X
Pursuant to Senate Bill 542, chaptered in 1999, the Employment Development Department (EDD)
of the State of California requires that a W-9 Form be filed by all vendors for all AGREEMENTS
entered into with the City. CONTRACTOR agrees to complete all required forms necessary to
comply with EDD regulations.
73
ARTICLE XI
Term
This AGREEMENT shall be effective for a period beginning on the date shown in the Notice to
Proceed, and ending on 35 days after the date of recordation of the Notice of Completion unless
sooner terminated.
Liquidated Damages
A. Time is of the essence. Execution of this CIP Agreement by CONTRACTOR shall constitute
acknowledgement by CONTRACTOR that CONTRACTOR understands, has ascertained and
agrees that CITY will actually sustain damages in the amount fixed in the Contract Documents for
each and every Day during which completion of Work required is delayed beyond expiration of time
fixed for completion or extensions of time allowed pursuant to provisions hereof. CONTRACTOR
and CITY agree that specified measures of liquidated damages shall be presumed to be the damages
actually sustained by CITY as defined below, and that because of the nature of the Project, it would
be impracticable or extremely difficult to fix the actual damages.
B. Liquidated damages shall be considered not as a penalty but as agreed monetary damage
sustained by CITY for increased Project administration expenses, including extra inspection,
construction management and architectural and engineering expenses related to the Project and
Contract Documents because CONTRACTOR failed to perform and complete Work within time
fixed for completion or extensions of time allowed pursuant to provisions hereof. Liquidated
damages shall not be deemed to include within their scope additional damages or administrative
costs arising from Defective Work, lost revenues, interest expenses, cost of completion of the Work,
cost of substitute facilities, claims and fines of regulatory agencies, damages suffered by others or
other forms of liability claimed against CITY as a result of delay (e.g., delay or delay related claims
of other contractors, subcontractors or tenants), and defense costs thereof. CONTRACTOR shall be
fully responsible for the actual amount of any such damages it causes, in addition to the liquidated
damages otherwise due CITY.
C. CITY in its sole discretion may deduct from any money due or to become due to
CONTRACTOR subsequent to time for completion of entire Work and extensions of time allowed
pursuant to provisions hereof, a sum representing then -accrued liquidated damages. Should
CONTRACTOR fall behind the approved Progress Schedule, CITY may deduct liquidated damages
based on its estimated period of late completion. CITY need not wait until Final Completion to
withhold liquidated damages from CONTRACTOR's progress payments. Should money due or to
become due to CONTRACTOR be insufficient to cover aggregate liquidated damages due, then
CONTRACTOR forthwith shall pay the remainder of the assessed liquidated damages to CITY.
D. CONTRACTOR acknowledges that the quality and qualifications of the key personnel are
important factors in this Agreement. CONTRACTOR and CITY agree that the services of the key
personnel are a material term of this Agreement. CONTRACTOR and CITY agree further that the
substitution or removal or change in role or level of effort of such key personnel would result in
damages to the CITY, the measure of which would be impractical or extremely difficult to fix. In
lieu such damages, CITY and CONTRACTOR have agreed to liquidated damages as described
below:
74
i. For any substitution of any key personnel individual before the end of the individual's Project
commitment period provided in CONTRACTOR'S key personnel staffing schedule, CITY may
assess once, and CONTRACTOR shall accept, liquidated damages in the amount of six (6) times
the gross monthly salary for each substituted key personnel.
ii. Liquidated damages for substitution of key personnel shall be deducted from the next
applicable Application for Payment or, if insufficient, shall be paid by CONTRACTOR upon
CITY's written demand
iii. No liquidated damages shall be due under this section for any substitution required due to
death, incapacity or employment termination of a key personnel.
C nvm-10
Prior to execution of the Agreement, the State of California declared a state of emergency and
issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los
Angeles ("County") issued numerous orders relating to COVID-19, including without limitation
an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and
amended, including after the date of the Agreement, the "County Order"). In no event shall
CONTRACTOR be entitled to any additional compensation in connection with any delay or
costs associated with the COVID 19 pandemic, the County Order, or any other governmental
requirements or regulations in connection therewith, whether currently existing or hereinafter
enacted. In the event of any conflict between the terms of this Section and any other provision of
the Agreement, in all events, the terms of this Section shall control.
CONTRACTOR's safety and logistics plans prepared in connection with this Contract
specifically takes into account the COVID-19 Pandemic, the County Order, and all other
governmental requirements or regulations regarding COVID-19 as of the date of the Contract,
including without limitation all safety measures required.
Safety of Persons and Property. CONTRACTOR shall comply with, and give notices required by
applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public
authorities, bearing on safety of persons or property or their protection from damage, injury, or
loss, including without limitation the County Order and all other governmental requirements or
regulations regarding COVID-19, all as may be amended from time to time.
Modification/Termination
No modification, amendment or other change in this AGREEMENT or any provision hereof shall
be effective for any purpose unless specifically set forth in writing and signed by duly authorized
representatives of the parties hereto. This AGREEMENT may be terminated with or without cause
by CITY giving CONTRACTOR thirty (30) days advance written notice. Any reduction of services
shall require thirty (30) days advance written notice unless otherwise agreed in writing between
CONTRACTOR and CITY. In the event of termination, CONTRACTOR shall be entitled to
compensation for all satisfactory services completed and materials provided to the date of the notice
of termination.
Non -Effect Waiver
r0.
CONTRACTOR's or CITY's failure to insist upon the performance of any or all of the terms,
covenants, or conditions of this Agreement, or failure to exercise any rights or remedies hereunder,
shall not be construed as a waiver or relinquishment of the future performance of any such terms,
covenants, or conditions, or of future exercise of such rights or remedies, unless otherwise provided
for herein.
Severabili1y
In the event that any one or more of the provisions contained in this AGREEMENT shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding
shall not affect any other provisions of this AGREEMENT, and the AGREEMENT shall then be
construed as if such unenforceable provisions are not a part hereof.
Governing Law
This AGREEMENT shall be construed and interpreted and the legal relations created thereby shall
be determined in accordance with the laws of the State of California.
Compliance with Law
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the
federal, state, and local government, including City's Labor Compliance Program (LCP).
CONTRACTOR shall comply with all aspects of the National Pollutant Discharge Elimination
System (NPDES) in order to prevent pollution to local waterways. Failure to implement NPDES
Requirements shall result in project delays through City issued Stop Work Notices and/or fines
levied against the CONTRACTOR.
CONTRACTOR represents that the CONTRACTOR agrees to comply with all applicable federal
and state workplace and employment laws including those that relate to minimum hours and wages,
occupational health and safety, workers compensation insurance and state, county and local orders.
Conflict of Interest
CONSULTANT will comply with all conflict of interest laws and regulations including, without
limitation, CITY's conflict of interest regulations.
Prevailing_ Wages
As required by applicable state law including, without limitation Labor Code §§ 1720 (as amended
by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing
wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage
requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a
rcy
violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the
prevailing rate of per diem wages are available upon request from CITY's Engineering Division
or the website for State of California prevailing wage determination at
www.dir.ca.gov/DLSR/PWD. A copy of the prevailing rate of per diem wages must be posted at
the job site.
This contract is subj ect to both federal and state prevailing wage requirements of the California Labor
Code including Sections 1770 and 1773, the Davis -Bacon and Related Acts and the City's California
Department of Industrial Relations (DIR) approved Labor Compliance Program. All covered work
classifications required in performance of this contract will be subj ect to prevailing wage provisions.
If there is a difference between the federal and state wage rates, the Contract and its subcontractors
shall pay not less than the higher wage rate. Contractor shall further adhere to the requirements
contained in the City's Labor Compliance Program. A copy of the Labor Compliance Program is
available for review upon request at the Office of the City Clerk. All pertinent federal and State of
California statutes and regulations, including, but not limited to those referred to in this contract and
in the City's Labor Compliance Program, are incorporated herein as though set forth in their entirety.
Additionally, the Contractor is responsible for obtaining a current edition of all applicable federal
and State of California statues and regulations and adhering to the latest editions of such.
Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which
includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Under the INA, employers may hire only persons who may legally work in
the United States (i.e., citizens and nationals of the U. S.) and aliens authorized to work in the U. S.
The employer must verify the identity and employment eligibility of anyone to be hired, which
includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall
establish appropriate procedures and controls so no services or products under the Contract
Documents will be performed or manufactured by any worker who is not legally eligible to
perform such services or employment.
Federal Prevailing Wages
The work being done pursuant to this Contract is paid for in part by the United States of America.
Therefore, pursuant to the provisions applicable to such federal assistance, Contractor acknowledges
and agrees that the services, construction, and maintenance pursuant to this Contract is, or may
become, subject to certain federal laws and regulations, including, but not limited to, provisions of
the Davis -Bacon Act, and particularly 29 Code of Federal Regulations Section 5.5 in part as follows:
(a) The Agency head shall cause or require the contracting officer to insert in full in any contract in
excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including
painting and decorating, of a public building or public work, or building or work financed in whole
or in part from federal funds or in accordance with guarantees of a federal agency or financed from
funds obtained by pledge of any contract of a federal agency to make a loan, grant or annual
contribution (except where a different meaning is expressly indicated), and which is subject to the
labor standards provisions of any of the acts listed in Section 5.1, the following clauses (or any
V&A
modifications thereof to meet the particular needs of the agency provided that such modifications
are first approved by the Department of Labor):
(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section
l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the wage determination for the classification
of work actually performed, without regard to skill, except as provided in Section 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: provided that the employer's
payroll records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed under
paragraph (a)(l)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all
times by the contractor and its subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that
any class of laborers or mechanics, including helpers, which is not listed in the wage determination
and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and
fringe benefits therefore only when the following criteria have been met: (1) The work to be
performed by the classification requested is not performed by a classification in the wage
determination; and (2) The classification is utilized in the area by the construction industry; and (3)
The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination. (B) If the contractor and the laborers and
mechanics to be employed in the classification (if known), or their representatives, and the
contracting officer agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative,
will approve, modify, or disapprove every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the contracting officer do not agree on
the proposed classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions, including the views of all interested
78
parties and the recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advice the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary. (D) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to
all workers performing work in the classification under this contract from the first day on which
work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall
pay another bona fide fringe benefit or an hourly cash equivalent thereof (iv) If the contractor does
not make payments to a trustee or other third person, the contractor may consider as part of the wages
of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of the Davis -Bacon Act have been
met. The Secretary of Labor may require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
(2) Withholding. The CITY shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under
this contract or any other federal contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor
or any subcontractor the full amount of wages required by the contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the
site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project), all or part of the wages required by the contract,
the CITY may, after written notice to the contractor, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the work (or under the United States Housing Act
of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)
of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the
contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
79
apprentices or trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The
contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the City. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5. This
information may be submitted in any form desired. Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents (federal stock number
029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor
is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll
submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following: (1) That the payroll for the payroll period contains the
information required to be maintained under Section 5.5(a)(3)(i) of Regulations 29 CFR Part 5 and
that such information is correct and complete; (2) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned, other than permissible deductions
as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the contract. (C) The
weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title
18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall
make the records required under paragraph (a)(3)(i) of this section available for inspection, copying,
or transcription by authorized representatives of the CITY or Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the CITY may, after
written notice to the contractor, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees--(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed
in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office
of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any worker listed on a payroll
80
at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a contractor is performing construction
on a project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR
5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no longer be permitted
to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices,
trainees, and journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements
of 29 CFR Part 3, which are incorporated by reference in this contract.
81
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided in
29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall
be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts
5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or
any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or
29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the
contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of
this section in full in any contract in an amount in excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in
addition to the clauses required by Section 5.5(a) or 4.6 of Part 4 of this title. As used in this
paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime
requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (b)(1) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. (3) Withholding for unpaid
wages and liquidated damages. The CITY shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such
82
contract or any other federal contract with the same prime contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with
the clauses set forth in paragraphs (b)(1) through (4) of this section.
Electronic Transmission of Contract and Signatures
The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any
or both/all Parties, and that such signatures shall have the same force and effect as original signatures,
in accordance with California Government Code section 16.5 and Civil Code section 1633.7.
The parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do
hereby agree to the full performance of the covenants herein contained and have caused this
AGREEMENT to be executed in duplicate by setting hereunto their names and titles on this date of
[SIGNATURES ON NEXT PAGE]
83
CONTRACTOR: CONTRACTOR Name:
Address:
Phone & Fax No.
ALL SIGNATURES MUST BE Signed By:
WITNESSED BY NOTARY
CITY:
Approved as to Form:
Print Name & Title:
CONTRACTOR's License No.
Class
Mayor/City Manager of the City of Santa Clarita
City Attorney of the City of Santa Clarita
Date:
Date:
84
85
APPENDIX A
PROJECT SITES- CITY FACILITIES AND PARKS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
Citywide Energy Efficiency Upgrade Sites
Facility Haute
Total Facility Sae (square ft)
1
Oty I call
7,'.1--',
2
Buwess l ncvbamr
4.14.
3
Corporate Yard
1S,4C:�
4
Jan ilei dt Newhall. Melrolink Statiun
No facility
S
,Anta Clarita Metrolink Station
Nofarility
fi
MLBea rl Tr a rible r SLd Ll uT l
N o f d d l i ty
7
1 ransit Maintenance.. adlity All Buildin
28,560
8
Via Princessa Metrolink5tati0n
9
Newhall Library
30,wo
10
Valencia Library
23,966
11
CanyoriCountryLibrary
12,864
12
The Cube
92,751
The Main`
2,7a)
Roger Dunn B uilding
'ws wiIdrHcmh�drhglialdb�pito}ch��udK tlta nmducM.
Park Name
Total Park Size [acres}
Total Facility Size (square ft}
1
Almendra Park
4_1
No far.ility
2
Arboleda Trailhead Park
1.0
990
3
Begonias Lane Park
4.2
790
4
Bouquet Can on Park
10.5
845
5
Bridgeport Park
16.0
940
6
Canyon Country Park
A
5,731
7
Central Park
120.0
15,359
6
Chesebrou h Park
6.7
620
9
Circlet Ranch Park
53
1,19:3
10
Community Center - Newhall
4.5
21,358
11
Copper Hill Park
5.5
970
12
Creekview Park
5.0
760
13
David March Park
3.0
796
14
Discovery Park
5.0
No facility
15
Duane R. Harte Park
5.2
1,139
16
Fair Oaks Park
6.3
454
17
Golden Valley Park
S.0
718
18
Iron Horse TrailheW
S.1
No fao I ity
19
Marketplace Park
2.6
NofaciIit
20
Mountain View Park
1 J.3
No facility
21
Newhall Park
14.3
10,899
22
North Oaks Park
2.3
10,997
23
Northbridge Park
8.6
No facility
24
Oak Sprit ng Ca nyon Park
5.7
1,072
25
Old Orchard Park
5.4
2,139
26
PacificCrest Park
6.8
870
27
PamplicoPark
7A
1,054
28
River Vill eTrailhead Park
0.5
No facility
29
Santa Clarita Park
7.3
10,739
30
Santa Clarita Sports Complex
36.0
63,548
31
Todd Lon, hove Park
5.5
1,056
32
Valencia Cent ralVaII ey
53
No faciIit
33
Valencia Glen Park
73
5,260
34
Valencia Heritage Park
17.2
2, Cog
35
Valencia Mearciws Park
6.1
4 :.17fb
36
Valencia Summit Park
11.6
Nu lacilily
37
Veterans Histoncal Pima
0.'S
Nn facility
3$
West Creek Park
17,lJ
1,479
86
APPENDIX 6
CLIMATE ACTION PLAN
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
*Appendix B is available for download under the "Documents" tab on
BidNet*
87
rIp,NTA
U
O r'
YFO 75 DEC�`r'Q'
Y eip r. aF"
r a �ff
�.#...�Prow
J�
TAB 1.1 : TRANSMITTAL LETTER
June 23, 2021
Attn: Andrew Adams
City of Santa Clarita
Dear Mr. Adams,
Thank you for an opportunity to respond to the City of Santa Clarita ("City') Request for Proposals (RFP) for Citywide
Energy Efficiency Upgrades. Our team understands the City is experiencing immense pressure on staff resources
and is looking for a partner to address aging infrastructure through a thoughtful, streamlined approach. We also
understand the City seeks to protect the general fund from rising cost pressures without sacrificing its ability to
provide high quality and timely services.
As our enclosed response and references demonstrate, Climatec is the recognized energy services market leader
for California's public sector. Our customer -centric culture and commitment to excellence has helped build a 46-year
history of successful energy programs, particularly in LA County and Santa Clarita Valley.
When evaluating and comparing various firms, it might be helpful forthe evaluation committee to consider handful
of key distinctions: 1) corporate stability & financial strength, 2) self -performance capabilities, 3) approach to
savings, 4) funding expertise, and 5) history of repeat customers. These distinctions separate true performers from
new companies that are still figuring it out or tenured firms that have an outdated business model.
We will expound on these essential evaluation areas throughout our response, but for the sake of helping your team
get to the point of who we are and what we are about, here is a brief summary of Climatec's key differentiators:
■ CORPORATE STABILITY & FINANCIAL STRENGTH: Backed by Bosch, an AA credit -rated, $94 billion global
engineering & technology company that is privately held (not publicly traded) and has zero debt. We have
never changed our name nor transferred our energy service agreements to a third party.
■ IN-HOUSE SELF -PERFORMANCE: Core competencies performed in-house to provide superior project
execution, with a single point of contact, while minimizing impact on City staff's time.
■ STRAIGHTFORWARD SAVINGS METHODOLOGY: Guaranteed savings validated by actual utility bills rather
than engineering reports or stipulated savings. This means true dollar savings you can count on.
■ INNOVATIVE FUNDING & BUDGET SOLUTIONS: Grant writing and application services to maximize
funding from state, federal and local programs while providing a positive net impact on the general fund.
■ HISTORY OF REPEAT CUSTOMERS: Unmatched track record of building multiphase, long-term partnerships
where we are invited back for two, three, four, five, and even six phases of work. Our references help illustrate
how our reputation of doing the right thing and delivering on our promises.
We are very excited to be considered by the City's evaluation committee for this important program. Thank you for
taking the time to review our enclosed response and determine if we might be the right fit to build a long-term
partnership with the City. If fortunate enough to be selected, we are well positioned to design and implement a
comprehensive energy and water efficiency program tailored to meet your unique needs and requirements.
Sincerely,
Amy C
Ashley Cascio
Director of Energy Services
Direct: (602) 400-28591 acascioPclimatec.com
TAB 1.1 : TRANSMITTAL LETTER
TAB 1 .2: EXECUTIVE SUMMARY..................................................................................................... 1
TAB 1 .3: IDENTIFICATION OF PROPOSER..................................................................................... 4
TAB 1.4: PROPOSED SCOPE OF SERVICES.................................................................................... 8
TAB 1.5: PROJECT BENEFITS AND ADDED VALUE......................................................................... 17
TAB 1.6: SAVINGS AND MEASUREMENT VERIFICATION (M&V) APPROACH .................................... 21
TAB 1.7: PERSONNEL.................................................................................................................24
TAB1 .8: WORK PLAN................................................................................................................. 31
TAB 1.9: LIST OF REPRESENTATIVE PROJECTS/ REFERENCES......................................................... 35
TAB 1.10: FINANCIAL.................................................................................................................39
TAB 1.1 1 : FUNDING PROPOSAL................................................................................................. 43
TAB 1 .12: DEVIATIONS FROM RFP.............................................................................................. 44
TAB 1 .13: LETTER OF INTENT...................................................................................................... 45
55
PARTNERSHIP WITH CLIMATEC HAS BEEN GREAT, BECAUSE AS A PRIVATE COMPANY, THEY D0 MOVE FAST,
THEY D0 PIVOT BI1ICKLY AND THEY ARE VERY RESPONSIVE.
SCOTT DCHDA, CITY MANAGER I CITY OF ONTARIO
TAB 1.2: EXECUTIVE SUMMARY
AN APPROACH TAILORED FOR
SANTA CLARITA
Climatec is excited for an opportunity to
potentially partner with the City of Santa Clarita
in its mission to "deliver the best and most cost-
efficient municipal service to the citizens and City
Council."
An energy efficiency improvement program is
one of the marquee efforts Santa Clarita can
pursue to support the quality of life for its
community. As the City embarks on a new
decade and a new era of local governance post -
pandemic, renewed infrastructure will allow
Santa Clarita to promote efficient operations,
reduce operating expenditures and meet health
guidelines for indoor air quality in public spaces.
We understand the City's leadership team has made energy and water efficiency a key initiative going into 2021 -
22. Now more than ever, the City recognizes the need to address infrastructure renewal in a thoughtful,
comprehensive fashion to maximize the impact of its ARPA and CIP dollars, leverage alternative funding, and reduce
operating cost pressures on the general fund.
1 . Corporate Stability & Financial Strength
2. Straightforward Savings Methodology
3. In -House Self -Performance
4. Innovative Funding & Budget Solutions
Our enclosed response will demonstrate Climatec's
qualifications and experience in helping other cities
achieve similar objectives. Our team offers a white -glove,
customer -centered approach for delivering turn -key
energy efficiency projects through a seamless process.
In this Executive Summary, we expound on some of the
distinctions we introduced in the transmittal letter. When
5. History of Repeat Customers evaluating various respondents, looking at how a
company stacks up in these areas can be a helpful tool
for uncovering true performers. Regardless of the respondent the City ultimately selects, these areas are critical to
evaluate when selecting a design/build partner for energy services and long-range infrastructure planning.
1. CORPORATE STABILITY & FINANCIAL STRENGTH
Many emerging or outdated energy and solar
companies are frequently bought, sold, and restructured.
This usually ends in unfavorable outcomes forthe subject
company's customers and promises that are never fully
delivered upon. Most of the firms that will respond to this
RFP have changed their name and restructured many
times over the last few years. Climatec, on the other
hand, has never changed its name nor transferred our
energy service agreements to a third party. We are also
a debt -free company.
The strength of Climatec's corporate backing and
financial stability ensures that our team can provide
long-term performance assurance for your City's
program. As a subsidiary of Bosch, we have the backing
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
1 1 Page
of an AA credit -rated, $94 billion global
engineering and technology company that
is privately held (not publicly traded) and
93% owned by a non-profit charitable trust.
Our private ownership structure allows us
to make business decisions that are in the
best interest of our customers, rather than
shareholders and corporate executives.
2. IN-HOUSE SELF PERFORMANCE
Energy services companies often outsource
many of the core competencies associated
with designing and implementing an energy
efficiency improvement program. This ends
up costing the City substantially more
resources in the end because it leads to
markup on top of markup and an inefficient
use of City staff resources.
Climatec provides value by offering in-house design and implementation expertise, where we self -perform most of
the work. When an energy services company performs core competencies in-house, instead of outsourcing, the City
can reap the benefits of superior project execution, a single point of contact, and lower project costs.
3. STRAIGHTFORWARD SAVINGS METHODOLOGY
In selecting a qualified firm, it is critical for the evaluation team to consider (1) each respondent's approach to
calculating and projecting savings and (2) each respondent's past performance delivering on promised guaranteed
savings targets. Climatec's approach to savings and unmatched track record is truly unique.
The success of any energy efficiency improvement program is achieving real savings in a City's budget — without
this, the program fails. Climatec prides itself on being conservative by nature, in how we calculate potential energy
savings, tabulate financial pro forma, and prove program performance. As a standard practice, savings are
reviewed by a third -party engineering firm, providing additional assurance from an independent outside opinion —
again, a facet to Climatec's approach unmatched by other
industry firms.
To take it a step further, Climatec validates energy savings
by reviewing actual utility bills, not engineering reports or
stipulated savings — known as International Performance
Measurement & Verification Protocol (IPMVP) "Option C".
Climatec is the only energy services firm with a standard
business practice of both independent engineering review
and Option C savings verification.
The proof of our straightforward, unique savings approach is
evident by our track record of achieving 122% of our savings
projections. Our customers have never experienced a
savings shortfall, nor have we experienced litigation
surrounding savings performance. This is a significant
differentiator.
4. INNOVATIVE FUNDING AND BUDGET SOLUTIONS
One of the most important key differentiators Climatec offers is our expertise in developing funding solutions that
require zero contribution from the City's capital budgets or general fund. Our philosophy is to utilize special and
grant funds first in order to restore capital improvement budgets and maximize reserves in the general fund. Our
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
2 1 Page
team has secured over $1 billion in funding for energy efficiency programs from a wide array of sources including
local, utility, State, Federal, and private sector programs. Potential funding sources we would explore when
developing a comprehensive funding plan for the City include:
■ Federal & State Stimulus Programs
■ California Energy Commission (CEC) Programs
■ State of California Programs
■ Utility Incentives/ Rebates
5. HISTORY OF REPEAT CUSTOMERS
■ 0% Interest Financing Programs/ Grants
■ Private Sector Funding
■ Power Purchase Agreements (PPA)
■ Self -Generation Incentive Program (SGIP)
Comprehensive energy and water efficiency programs rarely can be completed with a single phase of work because
needs far outweigh available funding. Knowing this, it is interesting to observe how many public agencies embark
on a project to address a portion of their needs and then never revisit remaining projects or continue working with
the selected provider. This is often because the implementation experience or savings performance did not live up
to the "bill of goods" that was sold.
With a true desire to serve the best interest of our customers, Climatec's culture is built on an unwavering
commitment to see a project through to the end ensuring our customers are fully satisfied and willing to be contacted
for a reference. Our philosophy also ensures an
opportunity to be considered for future phases of work,
when applicable. Our references illustrate that 70% of
our revenue comes from repeat, satisfied customers.
For example, multi -phase programs that we are
currently working on include:
■ Saugus Union SD Phase II
■ City of San Leandro Phase III
■ Rowland USD Phase V
■ Culver City USD Phase II
■ Alvord USD Phase III
■ City of Fountain Valley Phase II
OUR PROMISE TO SANTA CLARITA
If fortunate enough to be selected, Climatec is
commited to tailoring our approach to meet the unique needs of Santa Clarita. As our references and track record
will validate, Climatec is regarded as an industry benchmark for setting the highest possible standards for project
design, implementation, and savings performance. From start to finish, we promise to deliver a program that is on
time and within budget while adhering to an unwavering code of safety, ethics, and professional conduct.
To reduce additional strain on City staff, we will dedicate a single point of contact for all program stages to offer
maximum accountability and continuity throughout the life of the program.
Additional details regarding Climatec's methodology
and work plan to developing the City's energy
conservation plan and our streamlined management
approach can be found in Tab 1.4: Proposed Scope of
Services and Tab 1.8 Work Plan.
Lastly, additional benefits the City will accomplish
through the implementation of a comprehensive energy
efficiency improvement program are outlined in Tab 1 .5:
Project Benefits and Added Value.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
3 1 Page
TAB 1.3: IDENTIFICATION OF PROPOSER
1 .3. 1 PROPOSER'S LEGAL NAME PROVEN
Climatec, LLC
1 .3.2 PROPOSER BACKGROUND 46 Years
Since our founding in 1975, Climatec has grown from modest beginnings Energy & Industry Experience
as an HVAC controls installer into one of the nation's largest providers of
building technology and energy efficiency solutions. With over $1 billion 1 B
in energy efficiency improvement and budget relief programs delivered in Energy Efficiency Programs
the last 10 years alone, our team is highly specialized in designing and Implemented
implementing comprehensive programs for cities looking to get ahead and do
more with less. Our in-house funding expertise and resources allow us to 7F RO
deliver innovative financial and technical solutions that provide relief for
general fund and capital budgets. Savings Shortfalls or Litigation
We believe there is a better way to deliver energy solutions than the Stable Owne rs h i o
traditional "get in, get out" approach. Climatec's philosophy is built on Backed by Bosch, Privately -Held
backing what we promise. We stay around for the long haul to ensure our
customers' programs succeed. We are proud to have a reputation that
speaks for itself through satisfied customers and employees. Climatec is
recognized as one of the best places to work in the industry with less than By NAESCO & US Dept. of Energy
a 2% employee turnover rate. Even during the recent market impact of
COVID-19, we are humbled to have maintained steady growth as more public agencies look for ways to renew
essential infrastructure and reduce operating expenditures.
Unlike many energy services companies that had to furlough employees or pause operations, our team continued
to provide essential services for public agencies and grow our workforce. Climatec provides trained professionals
to help meet the ever -changing demands of today's climate and health guidelines. If fortunate enough to partner
with the City, our robust safety plan and protocols for preventing the spread of COVID-19 will help keep program
stakeholders healthy.
The following traits have contributed to Climatec's strength as a qualified energy partner providing innovative
efficiency solutions:
■ Providing turn -key energy management and efficiency projects for 46 years
■ Thousands of energy efficiency projects completed for the public sector
■ 6 offices across CA available to support the City — Los Angeles office less than 18 miles away
■ Leading provider of world's top -rated solar technology — SunPower®
■ Largest Building Automation System (BAS) installer & master systems integrator in the US
■ Employer of hundreds of licensed professionals and engineers in the State of California
1 .3.3 CONTACT PERSON
Amber Fritsch I Direct: (949) 237-01 10 1 Email: amberf@climatec.com
1 .3.4 CORPORATE AND LOCAL OFFCE ADDRESSES
Corporate Office Local California Offices
2851 W Kathleen Rd. 16735 Saticoy St. #1 1 1 11748 Magnolia Ave #13-1
Phoenix, AZ 85053 Van Nuys, CA 91406 Riverside, CA 92503
2150 S. Towne Centre PI #200 13715 Stowe Dr.
Anaheim, CA 92806 Poway, CA 92064
4695 Chabot Dr. #258 925 L Street # 1200
Pleasanton, CA 94588 Sacramento, CA 95814
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
4 1 Page
The City of Santa Clarita's energy and water efficiency program will be managed out of our full -service office in Los
Angeles. Additional support is available from our other California offices, as needed, located in Anaheim, Riverside,
San Diego, Sacramento, and Pleasanton and our dispatchers and service technicians are on call 24/7, 365 days
a year.
1 .3.5 PROOF RESPONDENT MEETS MINIMUM REQUIREMENTS
Current accreditation by the National Association of
Energy Services Companies (NAESCO)
Included on the U.S. Department of Energy's (DOE)
Qualified List of Energy Services Companies
Holds an Active Class B General Contractor's
License in the State of California for a minimum of
twenty-four months, with a proven ability to provide
a team of California -licensed and DIR-registered
mechanical, electrical, structural, and civil
engineers, as may be deemed necessary
Minimum bonding capacity of $15 million
Validate by visiting the NAESCO website: NAESCO
Validate by visiting the DOE website:
Climatec holds an active Class B license (#991066)
Including classifications: C10 — Electrical & C37 — Warm -
Air Heating, Ventilating and Air -Conditioning. DIR
registration# 1000001265. Climatec possesses an
experienced local team of California -licensed
professional, civil, and mechanical engineers.
Climatec's bonding capacity allows us to accommodate
projects of virtually any size. Please see Tab 1.10:
Financial, item 1 .10.3 for a letter from our bonding
company.
Local office within a one -hundred (100) mile radius Climatec has three offices all within a one -hundred (100)
of the City of Santa Clarita. Trained staff, including mile radius in Los Angeles, Riverside, and Anaheim. These
technicians, engineers, and project managers also offices are staffed with seasoned energy efficiency
within the aforementioned radius. professionals and readilv available.
Successful implementation of similar projects,
including the design and construction of a minimum
of three (3) comprehensive energy efficiency projects
with public sector entities in the last five (5) years.
Three (3) current public sector references, with
contact information, from similar, relevant projects
Demonstrated experience in the successful
development of energy efficiency measures and
clean energy systems including design specification,
project finance development, construction oversight,
operations (and ongoing operations), maintenance
(and ongoing maintenance) and asset management
Demonstrated experience in securing necessary
project financing, as well as credits and incentives
available through Federal, State, local, and utility
company programs. _
Savings methodology based on bill -to -bill
comparisons — International Performance
Measurement and verification protocol (IPMVP)
Climatec carries an exemplary track record of successfully
designing, developing, and implementing comprehensive
energy efficiency improvement projects for public -sector
entities, many of which have resulted in repeat customers
and multi -phased programs. Please refer to Tab 1.9 List of
Representative Projects/ References for supportive
information.
Please refer to Tab 1.9 List of Representative Projects/
References for three professional public -sector references.
With a strong track record of successfully delivering
hundreds of energy efficiency programs, Climatec is well
versed and experienced in developing and implementing
energy efficiency measures and clean energy systems
including design, project finance, construction oversight,
operations, maintenance, and asset management. This is
supported by the highlighted programs in Tab 1.9 List of
Representative Projects/ References and can be further
expanded upon if necessary.
With an experienced team of funding experts, grant
writers, and as part of our comprehensive programs,
Climatec always works to find the most feasible funding
plan, while maximizing all funding sources available. _
Climatec is the only firm that validates savings by looking
at actual utility bills, rather than engineering reports or
stipulated savings — as standard practice. This unique
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
5 1 Page
Option C and include examples of measurement
and verification (M&V) reports
No pending or recent litigation within the last thirty-
six (36) months in relation to the firm's efficiency
improvement project performances and/or M&V of
a guaranteed energy savings project _
Experience with municipality infrastructure in terms
of energy consumption
approach results in our 100+% savings track record since
our founding.
Climatec certifies we have no pending or recent litigation
within the last 36 months in relation to efficiency
improvement project performances and/or M&V of a
guaranteed energy savings project.
Climatec has delivered over a $1 billion in energy related
programs focused on municipality infrastructure.
1 .3.6 LISTING OF SUBCONSULTANTS
Climatec provides turn -key design and implementation services for all core competencies required to deliver the
City's energy efficiency improvement projects with the exception of installation labor for mechanical and electrical
trades. Our robust in-house engineering team allows us to handle all aspects of scope development, financial
engineering, funding applications, and post -implementation reporting. When required, we supplement in-house
engineering resources with specialty engineering firms for complex mechanical retrofits and for certain aspects of
full DSA submissions and stamped drawings.
The inclusion of any subcontractors or subconsultants is subject to the approval of the City — we will only work with
partners you are comfortable with or have worked successfully with in the past. If the City does not have a preferred
provider in any particular area where a sub may be required, then Climatec will obtain competitive proposals from
a select list of trusted subcontractors with which we have longstanding, successful partnerships. Climatec conducts
a stringent vetting process to ensure subcontractors adhere to our standards for business conduct, price
competitiveness, workforce training, and other minimum requirements for the funding involved.
We believe in the power of partnerships and prefer, whenever possible, to work with local contractors with whom
the customer has had favorable experience. We work closely with our contractors to ensure that the quality standards
established jointly by Climatec, and the customer are met or exceeded.
When comparing various respondents, it is helpful to understand which core competencies a firm actually performs
in-house and with adequate resources. The below chart illustrates the typical differences between various types of
companies that may respond to this RFP.
Table 1. Climatec's In -House Services
Comprehensive Site Assessments
✓
Efficiency Design Engineering
Solar Design & Engineering
Equipment/ Technology Procurement
rI'
J
General Contracting Services
Savings PerFormance Assurance
Funding Experts & Grant Writers
Vf
Community Engagement
aIn-house (Local — Los Angeles) a In-house 0, Subcontract
*CLIMATEC Printed on 700% recycled paper
0 Limited to No Offering
CITY OF SANTA CLARITA
Citywide Energy Efficiency Upgrades
6 1 Page
As the General Contractor, and guarantor of the long-term performance of the program, we are responsible for all
work. As such, it is critical that any subcontractors and any members of our team deliver all portions of the program
to the City meeting the same strict standards and requirements of Climatec; these include but are not limited to:
OSHA certification, proof of licenses, proof of liability insurance, proof of bonding capability and capacity,
references, and any other requirements including DIR. Our ultimate list of subcontractors starts with preferred
providers to the City of Santa Clarita.
EXCLUSIVE PARTNERSHIPS
Climatec has exclusive partnerships with Tripepi Smith and SunPower® and have worked with both firms for over a
decade.
Tripepi Smith, a well -established public relations firm located in California will be involved in the
integration of Climatec's Community Connect (C3) program for public outreach initiatives.
9TRIPLPI SMITH Climatec and Tripepi Smith have partnered to support the Climatec Community Connect which
boosts community engagement and public outreach. Through this initiative the City will connect
the community to its story of energy efficiency and share the livability benefits it is bringing to the community, as well
as the cost savings being generated. The sustainability message involves reductions in greenhouse gas emissions,
pollutants and other harmful emissions that are subsequently reduced by eliminating energy waste and generating
renewable energy.
Efforts to highlight the project to the broader community will be coordinated and executed in cooperation with City
staff to supplement and support the City's ongoing efforts to communicate with their residents.
For over 35 years, SunPower has worked with public agencies to help them achieve their energy
savings goals, reduce energy costs and bring reliable solar power to their communities. According
to Wood Mackenzie, SunPower is leading the country in commercial solar solution provider since
2017 and was recently awarded the 2019 Sustainability Award for outstanding sustainability
leadership in the solar industry. This achievement adds to SunPower's legacy of leadership in
sustainable practices.
Climatec is an authorized dealer and installer of SunPower and was recently named Top Producer of the Year. As
the only ESCO working alongside the world's largest commercial solar provider, SunPower, this positions Climatec
with a leg up. In developing a comprehensive energy efficiency improvement project to include solar solutions, it is
crucial to ensure that the solar PV system is sized conservatively and thoughtfully rather than developing the largest
system possible. A number of customers have seen the negative effects of over -sized solar PV systems, and have
paid the price financially. The solar PV system is an investment with a payback anywhere from 20-25 years; as a
result, it needs to be accurately sized in consideration of not only the other improvement measures within each
program but also any future energy efficiency upgrades.
SunPower® solar energy platform delivers maximum system energy, ultimate design simplicity and record -panel
technology with:
■ Industry -Best Panel Power SunPower 450-watt panel is the most powerful in the industry
■ 22.7% Record Panel Efficiency The industry's highest commercially available panel efficiency
■ More Power per Sq. Ft. Means more savings in less space —and extra savings on system hardware
■ Lowest Degradation Rates Proven through field testing of 800,000+ solar panels
■ Proven Reliability Proprietary encapsulant protects cells and minimizes degradation
■ Most Comprehensive Warranty 25 years: Covers power, product and module service and repairs
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
7 1 Page
TAB 1.4: PROPOSED SCOPE OF SERVICES
1 .4.1 SCOPE OF WORK AND SUGGESTED DEVIATIONS
Climatec has reviewed the Scope of Work section of the subject RFP and we have no suggested deviations.
1 .4.2 ITEMIZE ANY SERVICE WITHIN THE SCOPE OF THE PROJECT THAT
ARE NOT LISTED IN THE SCOPE OF WORK (OPTIONAL)
Please refer to the subsection labeled "identifying energy efficiency improvements measures" in the next section for
a complete list of the areas in which Climatec offers a suite of design/build services and added value benefits. Other
services include CEQA compliance, community engagement, American Rescue Plan Act (ARPA) stimulus funding
compliance, indoor air quality improvements, economic development, and other smart city services.
1 .4.3 PROPOSER'S METHODOLOY TO DEVELOP THE CITY'S ENERGY
CONSERVATION PLAN
Climatec looks forward to the opportunity to partner with the City of Santa Clarita, refine our understanding of your
technical, financial and political goals, and collaborate to fund and deliver a turn -key energy savings program. An
energy efficiency improvement program will provide tremendous financial benefits for the City by leveraging utility
and operational expenditures to fund infrastructure improvements and to relieve the City's general and enterprise
funds.
Climatec's initial focus will be to establish the City of Santa Clarita's priorities and collaborate with City staff to
create a strategic approach for achieving all desired improvements, upgrades, and funding objectives. Rather than
rushing to deliver the largest construction project possible, a successful partnership depends on the City achieving
the best results and returns on its investments. This is why we recommend a phased approach as a regular business
practice.
Our phased project approach begins by having collaborative discussions with City administration and department
heads to plan for the long-term. This will clearly establish the City of Santa Clarita goals as we provide insight and
information regarding upcoming technology solutions and funding opportunities that could bring greater benefit to
the City.
As our references and other industry professionals will validate, Climatec is regarded as a benchmark for setting the
highest possible standards in the energy services industry for both project design, implementation, and performance
monitoring. We guarantee project performance from start to finish while adhering to an unwavering code of safety,
ethics, and professional conduct.
SAFETY FIRST
Climatec will work closely with the City to establish a safety plan that adheres to current CDC, state/territorial,
and local guidelines. This safety plan will underpin all on -site activity and team interactions as we conduct site
assessments, business meetings, and construction.
Our safety plan will include protocols, such as:
■ Social distancing practices
■ Personal Protection Equipment (PPE)
■ Training for employees and program stakeholders
■ Staggered work schedules to limit employees on job site
Climatec has experience in delivering projects to meet a variety of public sector needs amidst the pandemic, ranging
from complex, multi -million -dollar infrastructure renewals across dozens of facilities to small-scale, single -measure
programs. To reduce additional strain on City staff resources, we dedicate a single point of contact for the full
duration of the turn -key project. This approach offers maximum accountability to the City and avoids the unnecessary
handoffs or additional City staff workload associated with typical construction projects.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
8 1 Page
PRIMARY CONTACT
Amber Fritsch will be dedicated as the primary contact, working closely with Climatec's Director of Energy Services,
Ashley Cascio, to ensure complete customer satisfaction from start to finish.
Climatec's Senior Project Development Engineer, Max Parron, PE, will be responsible for all engineering and design
work including utility rebate applications, funding applications and reports. In managing the day-to-day elements
of the project construction, Climatec's Senior Project Manager (PM), Leo Salas, will be supported by an Assistant
PM; together, they will manage the implementation of infrastructure improvements according to specifications,
budgeting and scheduling, and facilitate necessary staff training for new equipment. The PM plays a pivotal role in
ensuring all goals and priorities are carried out seamlessly through each stage of the construction, while also
minimizing impact to facility operations and occupant disruption.
Amber Fritsch, Ashley Cascio, Max Parron and Leo Salas work closely throughout project development
implementation to ensure strong collaboration with City staff, program timelines are met, and City goals are
achieved; meeting as often as desired with City project staff and administrators to keep all informed.
Climatec's track record of successful infrastructure renewal and budget relief programs can be attributed to our
tried and true five -step project approach (illustrated below). With this phased approach, Climatec can provide the
best value and deliver superior accuracy for our customers.
STEP 1 STEP 3 STEP 5
0 SITE 0FINALIZE SCOPE + MEASUREMENT &
ASSESSMENTS FUNDING PLAN VERIFICATION
STEP 2 STEP 4
DEVELOP PROGRAM
PRELIMINARY 0 IMPLEMENTATION
SCOPE + FUNDING PLAN
To start, we make a substantial investment upfront for an investment grade site assessment and energy analyses of
all City facilities without requiring a signed contract laden with high fees and exit penalties.
SITE ASSESSMENTS
0 By defining a scope that is economically feasible and directly aligned with your goals and priorities
sooner rather than later, we will save both the City of Santa Clarita and Climatec's valuable resource
time. Ultimately, this allows us to deliver funding and improvements much earlier in the program, and
faster than other energy services firms. Climatec's first step to assessing energy savings opportunities includes
performing comprehensive site assessments, which will include:
■ Collaborating with City staff to identify Santa Clarita's project -related needs, goals, and expectations
■ Conducting Energy Use Intensity (EUI) studies to find energy consumption and cost inventory of each
facility to help develop a baseline. We then benchmark the metrics against each other and those of
similar facilities to categorize and prioritize improvements
■ Developing detailed inventory in energy -consuming equipment and systems (both mechanical and
electrical), unique findings, current use/needs vs. methods of operation, assessment of operations and
maintenance procedures, and cost of operations/maintenance/repairs
■ Conducting engineering site audits to determine equipment type, age, size, and number, and the
appropriateness of real-time data collection
■ Performing end -use energy and utility analyses for each facility and/or system
■ Conducting a technical verification meeting with City staff to identify priority projects that can be added
to the program
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
9 1 Page
In order to prioritize all potential infrastructure improvements, our process involves compiling and/or calculating
the following information:
■ A description of all possible energy conservation and infrastructure improvement projects and the
buildings or facilities that would be affected by these projects
■ All calculations and assumptions to support the technical feasibility and energy savings of the
recommended projects
■ A proposed budget detailing all project costs
■ A proposed schedule for implementation of projects
IDENTIFYING ENERGY EFFICIENCY IMPROVEMENTS MEASURES
With over 46 years of experience providing top-notch energy related services to the public -sector, Climatec's scope
of services spans a wide range of efficiency improvements in the areas listed in the below table. We understand the
ever -changing market with new technologies and advancements constantly being introduced. As such, our mission
is to balance being at the forefront of emerging technologies while thoroughly listening to our customers' unique
needs and requirements and vetting the best possible solutions.
■ New BAS
Installations
■ Integrate Existing
BAS
■ Optimize/Expand
BAS
■ BAS Occupancy
Control
■ BAS Energy
Dashboard
■ Climatec Community
Connect (C3)
■ Community
Awareness
■ Press Releases
■ Sustainability
Websites
■ Groundbreaking
Events
■ Construction
Signage
■ Flip -the -Switch
Ceremony
■ Economic
Development
■ Energy Kiosks
■ Interior & Exterior
LED Lighting
■ Smart Park & Security
LED Lighting
■ Street Light LED
Conversion &
Controls
■ Sports Field Lighting
■ Day Light Harvesting
■ Occupancy Sensors
■ Lighting Control
■ Waterless Urinals
■ Momentary Sinks
■ AMI - Advanced
Metering
Infrastructure
■ AMR - Advanced
Meter Reading
■ Weather -based
Irrigation Controllers
■ Dual Pane Windows
■ Door Systems
■ Roofing Systems
■ Wall Installation
■ Weatherstripping
■ Pumping
Optimization
■ Digester Efficiency
Improvements
■ Supervisory Control
and Data
Acquisition (SCADA)
Optimization
■ Blower Optimization
■ Aeration System
Optimization
■ High Strength Waste
Diversion
■ Renewable Natural
Gas Production/Sale
■ Air Filtration Systems
■ Needlepoint Bipolar
Ionization
■ UV & Plasma
Systems
■ Outside Air
Economizer Control
■ Central Plants
■ HVAC Equipment
■ Variable Frequency
Drives
■ Demand Control
Ventilation
■ Piping System
Retrofits
■ Air Handling
Retrofits
■ Variable Refrigerant
Flow HVAC Systems
■ Solar Photovoltaic
■ Solar Thermal
■ Battery Storage
■ Energy Generation
■ EV Charging Station
■ Biogas
Cogeneration
■ Microgrid Solutions
■ Backup Power
Generators
■ Smart City
Technology
■ Street Light Controls
■ Public Wi-Fi
■ Parking Systems
■ Fire Alarm System
■ CCTV Security
Systems
■ Intrusion Security
System
■ Oil Recycling
Programs
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
10 1 Page
Understanding the City's Priorities
Having had a number of conceptual meetings and based on the information provided in the RFP, Climatec has a
good understanding of the City's ultimate goal of reducing energy and water consumption and generating cost
savings through a comprehensive energy efficiency program.
With our profound expertise and experience with all the infrastructure improvements/innovative technologies listed
above, Climatec is confident we will develop a viable comprehensive energy conservation plan that meets the City's
needs while saving energy and water and improving staff productivity. Consistent with the areas of priority listed in
the RFP, Climatec would focus its efforts on evaluating the City's scope priorities in these areas:
■ Battery and Energy Storage
■ Building Automation System (BAS)
■ Heating Ventilation & Air Conditioning (HVAC)
■ Irrigation Controllers
■ Lighting (Interior, Exterior, Sports)
■ Microgrid Solutions
■ Pool Pump Variable Frequency Devices (VFDs)
■ Solar Photovoltaic (PV)
■ Transformers
■ Water Metering and Conservation Measures
■ Other associated infrastructure improvements
0 DEVELOP PRELIMINARY SCOPE + FUNDING PLAN
In Step 2 of the process, we validate all assumptions from the engineered site assessments and define
a viable, preliminary scope of work. During a scope verification meeting with the City, we will review
the merits and consideration of the infrastructure renewal scope together. The City will give direction on what scope
measures it would like to pursue and help validate other assessment findings or help prioritize and define program
phases for future deployment.
Once we have a scope of work that meets the needs of the City, we will develop a preliminary funding plan that
includes cost and savings estimates, along with funding options and cash flow pro forma. Climatec will explore
options for funding sources, including state programs, local utility rebates and incentives, grants, federal monies,
and private sector funding.
Climatec's approach to developing a scope and funding plan has proven tremendously efficient for other public
agency customers. It allows the City to quickly validate that specific priority needs are being addressed and there is
a funding plan to meet the City's financial goals. Our streamlined process for validating scope and budget impact
at the onset is essential to delivering on time and within budget and brings results to the City faster than any other
firm.
Before finalizing the scope and funding plan, Climatec will help City staff engage other stakeholders to ensure the
program is aligned at all levels of your agency. We will support the City through this engagement process in a
number of ways, including:
■ Authoring staff reports & memos regularly throughout program development to inform stakeholders
about "what's to come"
■ Serving as a liaison between all City departments to keep the momentum going throughout the program
development process
■ Engaging the community through "Town Hall" virtual meetings or other interactions to gather community
input (if desired by City staff or Council)
FINALIZE SCOPE + FUNDING PLAN
0 In Step 3, after gathering feedback from various stakeholders, including City administration, department
heads, and City councilmembers, Climatec formalizes the scope of work, funding plan, and
implementation timeline. Our team will also conduct any additional site assessments to complete our
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
1 1 1 Page
detailed analysis of the City's desired scope of work. We will validate inventory counts, thoroughly examine existing
conditions, and complete an in-depth financial review of all cost and savings estimates.
We undergo this thorough research to verify: (1) the program can be delivered under a not -to -exceed price,
eliminating change order risk and (2) the improvements will generate the projected savings. Once we complete our
detailed site assessments, Climatec will deliver:
■ A co-authored detailed scope of work
■ A financial analysis including state funding, utility rebates and incentives, grants, federal monies, and/or
other private funding sources
■ Accurate cost, savings, and payback projections
■ Cash flow analyses
■ Implementation timeline
During this stage, we also work closely with City staff to review the merits and considerations of all funding options.
These collaborative discussions will ultimately lead to a funding plan that meets all stakeholder expectations.
Climatec is well -versed and employs a funding team of experts that has already started identifying potential funding
sources for the City of Santa Clarita.
Climatec's expertise in the myriad of available financing and incentives for energy and water efficiency programs
enables our customers to leverage all possible funding sources and maximize the impact of the project. Our projects
have utilized a diverse pool of financing options including CEC funding, State/Federal funding, private sector
funding, PPAs, PPPs, utility incentives/rebates, and more. In the last ten years alone, our team has delivered over
$1 billion in funding to our public sector customers. As a partner to the City of Santa Clarita, Climatec will work to
identify the most feasible funding plan for the City's energy efficiency program. Because Climatec operates with a
customer -centric philosophy, we work to secure the best financing arrangement for our customers - financing is not
a profit center for us and we are unbiased with regard to which funding source the City selects.
As standard practice, Climatec's energy savings programs involve qualified third -party engineering reviews to
validate savings projections, methodology, and calculations. The Climatec engineering team provides savings
calculations and eQuest models to the third -party engineering firms. The City will then receive a stamped letter from
the engineering firm validating the savings.
Once approved by City staff, the finalized scope of work and funding plan will be formally presented to City Council
for consideration. With the help of all staff memos and other communications that were presented during the
program development process, Council will be well informed about the program prior to it being introduced in a
public forum.
1 .4.4 PROPOSER'S APPROACH TO MANAGING THE PROJECT
PROGRAM IMPLEMENTATION
I
After the Council approves the scope of work and funding plan, Climatec will get to work on construction.
Leo Salas, on -site Project Manager, will work with Amber Fritsch and the rest of the City's dedicated team
to clarify next steps, including assessing the impact of construction on each site.
Leo will finalize the construction schedule in collaboration with the various departments of the City of Santa Clarita,
including major milestones such as completing final design, issuing subcontracts, planning site prep work, and all
construction and post -construction activities. Before proceeding with any plans, Climatec will first seek approval
from the City.
After project implementation kicks off, Climatec will schedule monthly strategic review meetings to keep City staff
up to date on the project and ensure accountability for all involved. Should any deviation from the plan arise,
Climatec will determine the cause and adjust accordingly. Project cost management continues throughout the
project. Our financial and accounting systems allow Leo to provide actual and committed costs at each monthly
strategic review meeting, ensuring we stay within budget.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
12 1 Page
Knowing the significant amount of work taking place at City facilities currently and over the next several years,
Climatec will accommodate other City operations and construction activities whether they are related or not. Leo
and our implementation staff will be on -site, working closely with City personnel to ensure quality installation and
seamlessly weave together this project and other activities. Our goal will be to reduce disruptions and squash any
potential for delays.
PERFORMANCE PHASE
When construction completes, all energy and water efficiency programs enter their performance phases. Climatec
will then work toward our next set of milestones:
■ Final sign off and approval by commissioning agent
■ Walk-through and punch list report with the commission agent and customer
■ Sign off by end user of the final acceptance of improvements
■ Agreement on frequency of measurement and verification to be performed by Climatec
■ Agreement on the savings guarantee
■ Staff training, including any contract maintenance services and training, if applicable
INITIAL & ONGOING COMMISSIONING
Climatec believes in integrated participation during commissioning. We ensure all trades participate and coordinate
throughout the process, understand the design intent and know customer needs to create a successful project that
meets energy savings targets. This method places Climatec on the quality team rather than simply reacting to a
punch list.
With technology that continuously logs and monitors system activity, Climatec can stay tapped into performance
during periods of normal use and unforeseen conditions or use patterns. If Climatec identifies an opportunity to
ensure peak performance, Climatec will consult the commissioning team and make agreed -upon modifications.
Climatec will continue collaborating with the commissioning team as facilities are transitioned back to the City.
A well -trained, self-sufficient facilities management team is instrumental to satisfying our customers and achieving
our energy savings goals. Climatec provides extensive professional training on all new systems and procedures to
City staff. Then, we turn over all relevant documents, including industry standard As-Builts, revised AutoCAD site
drawings, other specific drawings, materials -used inventories, manufacturer data sheets and maintenance
guidelines. With these assets, our customers are equipped to not only understand their modernizations, but also
maintain and expand upon them in any future quests to further optimize operations and drive further enterprise fund
savings within each City department.
MEASUREMENT & VERIFICATION (M&V)
After implementing an energy efficiency improvement program, Climatec's M&V Department proactively
verifies the performance of newly installed systems by monitoring real-time utility data. If our team flags
an anomaly, we take corrective steps proactively. Our energy engineering team collaborates with City
staff to provide a steady flow of operational updates.
This has led to Climatec's unmatched energy savings track record. Often times, following years of monitoring,
Climatec becomes an added support resource to our customers assisting with scheduling, special events, and
troubleshooting which maximizes the savings of the implemented program.
MAINTENANCE SUPPORT
At the City's discretion, Climatec can provide comprehensive, post -construction
maintenance support on any and all projects. With our office nearby in Anaheim,
Climatec offers the services of a 24/7 building operations department, monitoring
systems and utility usage in real-time. The City can completely customize their service
solutions, including dedicated resource staffing and extended warranties. If the City
chooses, we can even provide a dedicated on -site resource to maximize savings and
support your staff members. All mechanical systems installed under Climatec's installation agreement are available
for ongoing maintenance support under a potential comprehensive maintenance services agreement.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
1 3 1 Page
TRAINING
Upon project close-out, training on installed infrastructure
IN %J11
improvements is essential to ensure the continued viability of each
measure and ensure optimal levels of energy savings performance.
CLJMATEC Climatec provides extensive professional training for City staff to
become self-sufficient with upgraded systems and can also help the City of Santa
Clarita implement a Citywide energy policy and procedure plan.
Climatec uses various methods to provide training including, but not limited to,
on -site personnel training, online webinars, and classes at Climatec University.
Factory -authorized instructors, trained in the most advanced systems and
techniques, teach classes year-round for Climatec customers and employees.
Climatec University provides basic and advanced classes, including operator and
supervisor instruction, programming, troubleshooting, software generation,
hardware diagnostics, and preventative maintenance.
1 .4.5 PROPOSER'S APPROACH TO RESEARCHING
AND IDENTIFYING FUNDING SOURCES SUCH AS GRANTS, REBATES,
AND LOANS. DESCRIBE GRANT WRITING EXPERIENCE
Climatec is second to none in its ability and success in exploring and securing funding for energy efficiency
improvement projects. In the last ten years alone, our team has delivered over $1 billion in funding to our public
sector customers. As a partner to the City of Santa Clarita, Climatec will work to identify the most feasible funding
plan for their energy efficiency improvement projects. Because Climatec operates with a customer -centric
philosophy, we work to secure the best financing arrangement for our customers - financing is not a profit center
for us and we are unbiased with regard to which funding source(s) the City selects. Likewise, this section highlights
realistic funding sources for the City of Santa Clarita to set accurate expectations for City staff as you anticipate
potential energy efficiency improvement projects.
As a proactive measure, Climatec's funding team has taken the initiative to explore possible funding sources
applicable to each of the potential energy efficiency improvement projects listed in "Attachment A" plus others that
could support the overall program for the City of Santa Clarita. There were a number of opportunities for each,
summarized in the table below including supporting details to follow.
American Rescue Plan (ARP)
Clean Water State Revolving Fund
Utility Incentives/Rebates 1 State Water Control Board Grants
SCE 0% Interest Financing Programs California State Treasurer's Office
California Energy Commission (CEC)
California Infrastructure Bank (I -Bank)
Public Private Partnership (PPP)
Tax -Exempt Lease Purchase (TELP)
Power Purchase Agreements (PPA)
Department of Water Resources (DWR)
Air Quality Management District (AQMD)
Self -Generation Incentive Program (SGIP)
Federal Renewable Fuel Standard Program (RIN Credits)
Low Carbon Fuel Standard Credits (LCFS)
CA Dept. of Resources Recycling and Recovery (CalRecycle)
AMERICAN RESCUE PLAN (ARP) & FEDERAL PROGRAMS
Climatec stays informed about alternate funding opportunities as they become available, such as the recently
approved American Rescue Plan (ARP). This program will provide $36,262,812 to the City of Santa Clarita. Peer
cities are looking at using a portion of this funding for HVAC, indoor air quality improvements, and power resiliency
in addition to other key infrastructure as part of an overall comprehensive program.
As the current federal administration targets reducing greenhouse gas emissions and increasing the country's
renewable portfolio, Climatec expects more funding to come. We have the knowledge and expertise in deploying
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
14 1 Page
programs such as these that not only maximize the applicable, allowable uses from federal allocations, but also
structures them in conjunction with all funding sources to best benefit the City of Santa Clarita.
UTILITY PROGRAMS
Utility companies typically offer substantial incentive programs to support energy efficiency improvement programs,
resulting in immediate cost savings for recipients. Research by the Department of Energy indicates that it is simply
more cost effective for utility companies to "buy" efficiency than it is to procure additional electricity.
Climatec will coordinate with Southern California Edison (SCE), SoCal Gas, and California Public Utility
Commission (CPUC) to uncover any incentives or rebates available to the City. This would include any potential
interior/exterior lighting, LED street and park lighting programs (smart lights), building automation, HVAC, solar
and battery storage measures. Climatec will work with the City of Santa Clarita to maximize these utility incentives.
We employ a dedicated team of rebate specialists to take care of every aspect of the rebate application process:
from preparing the rebate application(s) and any supporting documentation until submitting a final implementation
report to SCE. Even after submitting, our rebate specialists will closely monitor the rebate approval process and
provide any necessary follow-ups. All comprehensive infrastructure renewal programs implemented with Climatec
have utilized available rebates and incentives. Whether this includes customer incentives or prescribed programs,
Climatec maximizes the funding for the benefit of the City.
GRANT FUNDING
Climatec's expert grant team has extensive experience in securing and achieving - - -
unparalleled levels of grant awards for its customers, including public funding and 55
incentives for key green projects in California. Our team leverages our relationships
within various state agencies (including the State Treasurer's Office, California Air I AM SO EXCITED TO ANNOUNCE
Resources Board and Regional Districts, Department of Water Resources, etc.) to THIS GRANT AWARD BECAUSE IT
provide additional grant and funding support for our customers. They will put their WILL ENABLE OUR CITY TO MAKE
expertise to use for the City by identifying additional grants focused on specific SIGNIFICANT PROGRESS ON OUR
technologies, geographies, capital needs, budgetary challenges, staffing issues and
a variety of other unique conditions, which may result in grant dollars to contribute CLIMATE ACTION PLAN GOALS,
to this comprehensive energy efficiency improvement program. IMPROVE OUR LOCAL
Our knowledge of potential future sources of funding and specific programs can help ENVIRONMENT, AND DO SO IN A
the City determine whether phasing a program could be much more economical as FISCALLY RESPONSIBLE WAY,
well — for example, delaying certain programs for the City of San Leandro allowed MAYOR PAULINE RUSSO CUTTER
Climatec and the City to collaborate, apply for and secure the Energy Innovation CITY OF SAN LEANDRO
Challenge (EIC) grant (nearly $2 million) from the California Energy Commission (the
largest grant awarded by the CEC) to fund needed power resiliency solutions for the
San Leandro Water Pollution Control Plant.
TAX EXEMPT LEASE PURCHASE (TELP) FINANCING
Climatec's in-house team of funding experts will work between the City and a number of regional and national
lenders who specialize in tax exempt lease purchase financing. During COVID-19 lending rates hit all-time lows and
have been coined by some municipalities as the true "stimulus" program for _
funding deep infrastructure needs. Lenders would typically finance these.
comprehensive infrastructure programs from start to finish directly with the
private entity and without the need of expensive third -party consultants. This
provides our customers with the capital and platform to fund their projects
quickly, cost effectively and efficiently. Often, by working with financial
institutions invested in the community, capital can be then reinvested in the
State of California to create more jobs and stimulate the economy. Recent
programs securing funding through this source have seen rates locked in
between 1- 2% in which the City of San Leandro took advantage of in January
2021 and City of Ontario in Late Fall 2020.
City of Fountain Valley presented
with utility incentives
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
15 1 Page
Climatec structures financing solutions as a direct pass through, giving the City access to the most competitive
interest rates and terms possible. We do not partner exclusively with any one bank so our customers can freely
explore all options knowing Climatec is by their side.
CALIFORNIA ENERGY COMMISSION (CEC) LOW INTEREST PROGRAMS
Funds are available for low -interest 1 % loans for energy efficiency improvement programs to public agencies. These
loans are revolving and become available upon the repayment of previous loan holders. Climatec will coordinate
any applications on behalf of the City of Santa Clarita as desired.
PUBLIC PRIVATE PARTNERSHIPS (PPP)
A Public Private Partnership (PPP) is merely a long-term agreement between a private company and a government
agency which allows a customer to implement energy efficiency improvement projects with zero upfront capital
expenditure. Under PPP agreements, service levels are guaranteed and any and all payments are made on delivered
savings/revenue. This approach removes funding barriers and is typically backed by well -respected private equity
funds, specializing in public sector funding, with billions to invest in energy and deferred infrastructure projects. No
debt service, lease arrangement or bond debt of any kind is required in this arrangement, opening the door for
many projects, and delivered under a simple service contract.
Climatec has relationships with four (4) PPP financing firms that can provide this type of niche funding, with each
specific firm having their strengths. Due to this specific reason and in the best interest of our public entity customers,
Climatec remains flexible on which PPP firm to utilize for a given program as it may be beneficial to pursue one firm over
the other. Climatec has been successful in securing PPP agreements for Covina -Valley USD and Alvord USD.
As we collaborate with the City of Santa Clarita regarding the technical aspects of the program, Climatec will be
able to present the best PPP options for the City to consider. In certain arrangements, the City could achieve annual
revenue by selling excess electrical production from solar arrays, community use of Smart City technologies, and/or
the sale of renewable natural gas (RING).
SELF -GENERATION INCENTIVE PROGRAM (SGIP)
One specific state grant program of note for the City of Santa Clarita is the SGIP program, operated by the
California Public Utilities Commission (CPUC). Power resiliency is a concern and priority for the City, and battery
energy storage is becoming an ever -more viable and necessary solution for municipalities in California. As our state
becomes more reliant on renewable technologies and decommissions traditional fossil fuel -powered plants, our
statewide electric grid becomes more unstable and incapable of delivering needed power to meet California's
demand at all times. As our state returns closer to full operation coming out of the pandemic, and commercial
businesses, industrial centers, community colleges and universities, schools, and various other facilities are put back
into use, the demand on the grid will grow significantly with no corresponding increase in supply. This is a recipe
for disaster for reliable and continuous power, especially to critical City infrastructure like the Wastewater Plant,
cooling centers, data, IT and communication equipment.
The Self -Generation Incentive Program (SGIP) provides financial incentives for agencies that install new technologies
that meet all or a portion of the electric energy needs of a facility. The purpose of the SGIP is to incentivize reducing
Greenhouse Gas (GHG) emissions, demand and customer electricity purchases. The effort will make California's
electric system more reliable as transmission and distribution systems are improved. Additionally, the market will
transform toward distributed energy resource (DER) technologies.
Recently, the California Public Utilities Commission (CPUC) approved changes to the SGIP program. They carved
out funds specifically for public entities in disadvantaged areas and "high fire threat districts," offering incentives for
battery energy storage systems, specifically for back-up purposes at critical infrastructure (i.e. WWTP, WTP) and
other sites. The use of battery energy storage will help alleviate the inconvenience of losing power during utility
Public Safety Power Shutoff (PSPS) events.
Most recently, Climatec was successful in assisting the Cities of San Leandro and Ontario in SGIP monies with
millions in awarded funding.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
16 1 Page
TAB 1.5: PROJECT BENEFITS
AND ADDED VALUE
IMPROVED
OCCUPANT
COMFORT
ADDITIONAL
FUNDING
SOLUTIONS
ENERGY
USE REDUCTION
REDUCED
DEFERRED
MAINTENANCE
GENERAL
FUND
RELIEF
INFRASTRUCTURE
RENEWAL
There are a number of project benefits and added value the City of Santa Clarita would recognize as a result of
program implementation, and several elements unique to Climatec in delivering energy efficiency improvement
programs. We have highlighted these offerings throughout the remainder of this Tab.
COMMUNITY ENGAGEMENT
Climatec offers a suite of community
$� engagement and public outreach
initiatives to help the City tell its story and
COMMUNITY CONNECT inform, involve, and inspire the community.
,NFCRVA '""°"'E.INSPIRE We believe that crafting a positive
narrative around the ingenuity of the City's energy efficiency
improvement efforts will be a huge win for the Santa Clarita community
at -large, and will help attract much -needed development through
improved City services. The Climatec Community Connect (Q) team will
work closely with City staff to design a customized public outreach
program that aligns with the City's strategic objectives and Council
priorities. This program is developed in the initial assessment stage and
implemented during the construction phase.
Various initiatives included in our program include:
■ Sustainability Website & Videos
Recent examples include:
City of San Leandro: htti2s://smartcitysl.com/
City of Fountain Valley: https://smartcityfv.com/
■ Press Releases & Customer Recognition Events
■ Media Outreach
■ Customer Recognition at Council Meetings
*CLIMATEC Printed on 100% recycled paper
CITY OF SANTA CLARITA
Citywide Energy Efficiency Upgrades
17 1 Page
SMART CITY EXPERTISE & EXPERIENCE
With the increase of urban population, city infrastructures are under severe stress and demand for energy is
drastically growing. Increasing scarcity of funding, ever increasing utility rates and the implications of an irreversible
climate change trigger a trend toward clean, renewable energy sources and higher energy efficiency. Information
and communication technology can play a major role in the evolution path towards Smart Cities, transforming long-
term strategies and good ideas into concrete and cost-effective initiatives.
Through the new paradigm of the 'Internet of Things' (IoT), it is now possible to add intelligence to the multitude of
objects which are spread throughout our cities (light poles, water meters, parking lots, etc.) and integrate them into
a wider network to exchange relevant information. The opportunity to collect and correlate reliable data is at the
cornerstone of any smart service, from energy distribution to public transportation management, from public lighting
to emergency services management.
Fiji® i
lm
Public Wi-Fi Smart Energy Connected Buildings
Air Quality Monitoring Safety & Security Intermodal
& Wildfire Detection Transportation
1.11 Z-1s
Virtual Power Plants Energy Storage Smart Parking
Solutions
0
MS 1!, 01 0
City Data Platform &
Community App
E-Mobility
X a �u
IN WINTER ETof It
==-THINGSf!
Climatec has the experience and expertise to implement smart technology, in conjunction with recommended
energy/water improvements, to further reduce energy usage, provide City staff with efficiency tools and improve
public safety and livability in the community. Even beyond, Climatec's parent company, Bosch, is a leading IoT
company offering innovative solutions for smart homes, smart cities, connected mobility and manufacturing. It uses
its expertise in sensor technology, software, and services, as well as its own IoT cloud, to offer its customers
connected, cross -domain solutions from
research and development (R&D), with a
a single source. Bosch has over 50,000 employees focused solely on
large center in Palo Alto, CA and invests billions of dollars every year on
R&D. The City of San Jose even recently partnered with Bosch
and Mercedes-Benz in launching self -driving vehicle ip lot.
Climatec's recent multiphase program with the City of San
Leandro in particular illustrates our ability and expertise in
smart city technology. We encourage the City and its
evaluation team to read the narrative below, "The San
Leandro Story" and visit our website to hear City Council
recent testimonials: City of San Leandro Program.
The City has become a recipient of a number of national and
international awards resulting from the energy efficiency and
sustainability improvements they have implemented in the last
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
18 1 Page
five years, including the Beacon Vanguard Award from the Institute for Local Government, Smart 50 Energy Award
from Smart Cities Connect for their Wireless IoT Connectivity Platform, and most recently in December, Small City
Honorable Mention from U.S. Conference for Mayors for Solar and Energy Efficiency in Wastewater Operations.
POWER RESILIENCY
Lately, municipalities in SCE territory are being faced with a new challenge. PSPS events are used to prevent further
wildfires due to high winds and dry conditions, however these events have made it difficult for many of California's
public agencies to maintain general operations. J41 F
Many cities are investigating power resiliency and iY
microgrid technologies for critical buildings and x _
systems to provide continuous operation during PSPS `
events or general utility black -outs.
With that, State legislation has recently provided
additional funding for public agencies to further
investigate and implement micro -grid technologies.
As part of Climatec's comprehensive Citywide site
assessment, we will collaborate with City staff in
identifying critical infrastructure that would benefit
from power resiliency, including wastewater plants,
well pumps, communication and emergency
response infrastructure, etc. We will assess the
viability of these technologies for Santa Clarita's
specific needs and provide funding options within the
overall, comprehensive funding plan. Climatec's
i
ultimate goal is to support the City in maintaining the Ak;
level of service its community expects and deserves.
LOCAL JOB CREATION
Climatec supports community job creation and local partnerships to fulfill components of the program we do not
self -perform. This spans specialty engineering for larger or complicated mechanical systems to installation labor for
mechanical and electrical equipment, if necessary. By contracting this work within the community, the City's project
stimulates economic development and contributes to job creation within the Santa Clarita community.
1crogrid
Immediately following project implementation, the City should expect to see significant reductions in its energy,
operations, and repair costs; money which can be redistributed to pay for other necessary goods and services, and
the hiring and retention of quality personnel. Climatec has experience working with local labor unions and
community workforce agreements (CWA). For example, all three phases for the City of San Leandro utilized their
local CWA and Climatec was the first program through this agreement. We were able to keep a majority of labor
local, further supporting local economic development.
GREENHOUSE GAS EMISSIONS REDUCTIONS
As a direct result of the efficiencies gained in infrastructure modernizations throughout our energy efficiency
improvement programs, our customers are also drastically reducing their CO2 emissions and setting an example
for environmental stewardship. Along with general fund relief and private sector job creation, various environmental
benefits result from the implementation of this program: the less energy the City uses, the less energy that utilities
must produce to meet the demand, resulting in pollution reductions and a direct positive impact on the environment
throughout Los Angeles County.
SOLAR TECHNOLOGY EXPERTISE & EXPERIENCE
As the only energy services firm working alongside the world's largest commercial solar provider, SunPower, this
positions Climatec with a leg up. In developing a comprehensive energy efficiency improvement project to include
solar solutions, it is crucial to ensure that the solar PV system is sized conservatively and thoughtfully rather than
developing the largest system possible. A number of customers have seen the negative effects of over -sized solar
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
19 1 Page
PV systems, and have paid the price financially. Additionally, the solar technology itself needs to be reliable for
decades to come — a solar PV system is an investment with a payback anywhere from 20-25 years. SunPower®
solar energy platform delivers maximum system energy, ultimate design simplicity and record -panel technology with:
■ Industry -Best Panel Power — SunPower 450-watt panel is the most powerful in the industry
■ 22.7% Record Panel Efficiency — The industry's highest commercially available panel efficiency
■ More Power per Sq. Ft. — Means more savings in less space, and extra savings on system hardware
■ Lowest Degradation Rates — Proven through field testing of 800,000+ solar panels
■ Proven Reliability — Proprietary encapsulant protects cells and minimizes degradation
■ Most Comprehensive Warranty — 25 years: Covers power, product and module service and repairs
Climatec's team, including SunPower, has managed over 100 MW in solar installations for public agencies across
the State of California. These programs were funded by various sources including Power Purchase Agreements
(PPA), Public Private Partnerships (PPP), Tax Exempt Lease Purchase (TELP), to name a few.
Below are a few of our notable installations followed
City of Bell
City of Chico
City of Duarte
City of Fountain Valley
City of Oakland
City of Ontario
City of San Francisco
City of San Leandro
City of 29 Palms
City of Vallejo
City of Weed
Alvord USD
Bass Lake USD
Burlingame SD
by some post -implementation pictures:
Castro Valley USD
Pollock Pines ESD
Earlimart SD
Ramona USD
Fairfax SD
Richland SD
Konocti USD
San Benito UHSD
Lindsay USD
Saugus Union SD
Orland USD
Travis USD
Palmdale SD
NEVER HAVE I EVER WORKED WITH A COMPANY THAT HAS DEMONSTRATED THE LEVEL OF PROFESSIONALISM,
ATTENTION TO DETAIL AND TIMELINESS AS WELL AS CLIMATEC. CLIMATEC HAS BEEN INCREDIBLY RESPONSIVE, GOING
ABOVE -AND -BEYOND THE REQUIREMENTS OF THEIR CONTRACT TO MAKE SURE THE DISTRICT IS HAPPY. "
CHRIS DAVIS, CBD I ARVIN UNION SD + CASBO CHAIR
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
20 1 Page
TAB 1.6: SAVINGS AND
MEASUREMENT VERIFICATION
(M&V) APPROACH
California's municipalities are facing a very challenging time. Fiscal pressures are arguably at an all-time high with
the cost of doing business increasing, operating and utility costs on the rise and the cost of construction projects
rising significantly year after year. Generating fiscal savings is becoming less of a nice thought and more of a
general mandate.
When evaluating a potential comprehensive infrastructure and utility savings program, the savings are crucial.
Municipalities require firms to measure and verify program savings — however, not all methods are equal. For this
reason, the U.S. Department of Energy created industry best practices and guidelines, namely the International
Performance Measurement and Verification Protocol (IPMVP). The IPMVP includes four standard methods of
verification: Options A, B, C, and D.
Climatec is versed in all four standard methods and will execute on the City's preference. Climatec then develops
a Measurement & Verification (M&V) plan based on the IPMVP. We evaluate specifications, including cost-
effectiveness, to verify each infrastructure improvement performs up to par. The M&V plan defines methodology,
reasonably assuring equipment savings through short term or spot measurements, engineering calculations and/or
direct utility billing comparisons.
1 .6.1 APPROACH TO PROJECTING, PROVING, AND GUARANTEEING
ENERGY SAVINGS
When projecting and proving utility savings, Climatec follows industry standard protocols for M&V. Our standards
come from the U.S. Department of Energy's Efficiency Valuation Organization IPMVP Core Concepts, EVO 10000-
1 :2016, as well as California statute requirements and guidelines for Government Code 4217, and utility programs
for incentives or rebates.
To calculate, model and quantify savings associated with each proposed infrastructure improvement, our team
leverages state-of-the-art modeling tools, including eQuest Energy Simulation Models and short-term data logging,
which are calibrated against historical utility data.
Climatec only ever incorporates savings into a guarantee when reductions provide a direct positive impact on our
customers' budgets, such as with lighting and HVAC equipment or repair savings from extended warranties. This
ensures projected savings are directly linked to the City of Santa Clarita's budget, and not overstated.
Our strategy is highlighted by two key facets — how calculation projections are validated, and how achieved savings
are proven. Climatec is the only firm who utilizes third party engineering reviews of our utility savings calculations,
and who uses Option C M&V methods to verify savings are realized on your utility bills. This approach allows
independent review, by engineering firms, utility companies, or state agencies, to validate projected energy savings
from a third -party perspective. Additionally, our savings are proven where the true buck stops — on your utility bills
— meaning the utility savings hit the City's bottom line. This unique combination of these two elements has led to
Climatec's customers never seeing a savings shortfall.
1 .6.2 METHODOLOGIES, FORMULAS, AND ASSOCIATED IPMVP OPTIONS
USED TO QUANTIFY SAVINGS
METHODOLOGY
As mentioned previously, the IPMVP includes four Options (A, B, C & D) that are divided into two general
approaches: retrofit -isolation approach and whole -building approach. Options A and B are retrofit -isolation
methods, Option C is a whole -building method and Option D can be used as either but is typically used as a whole -
building method.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
21 1 Page
It is important for the City to understand and compare each respondent's approach. Each strategy becomes the
basis for the guarantee on any energy efficiency program's return on investment. Climatec believes the most
accurate way of determining and presenting achieved savings, is Option C, which measures energy savings by
comparing actual utility bills before and after program implementation. As such, Option C is the standard IPMVP
savings methodology used by Climatec. Option C is the most direct of the four methods, helping customers clearly
understand how savings positively impact the general fund. With Option C as our go -to, Climatec has created an
unmatched energy savings track record.
��-Retrofit Isolation with Key Parameter Approach
AFor projects in which the potential to perform needs to be verified, but actual performance can be stipulated
based on the project's potential to perform and engineering calculations.
Retrofit Isolation with All Parameter Measurement Approach
6
For projects in which both actual performance and the potential to perform and generate savings need to
be measured and verified.
Whole Building Approach (Climatec's standard approach)
For projects in which both the potential to perform and the actual performance during the contract term
need to be verified. Option C involves verifying the same items as Option A plus verifying actual achieved
C energy savings during the term of the contract. Performance verification techniques involve utility whole
building meter analysis. Option C calls for a complete comparison of utility bills before and after, with
procedures for verifying that: baseline conditions have been properly defined, equipment and/or systems
that were contracted have been installed, installed equipment and/or systems meet the specifications of the
contract, installed equipment meets all functional tests and is operating and performing in accordance with
the specifications in the contract, and actual energy savings are being achieved during the term of the
contract.
Calibrated Simulation Approach
DUses calibrated simulations of the baseline energy use and/or calibrated simulations of the post -installation
energy consumption to measure savings.
FORMULAS
Lighting
For lighting, energy savings are determined based on lighting fixture counts, the type(s) of lighting fixture(s), the kW
used per fixture and the operating hours as obtained during on -site audits or provided by the City. The electrical
energy reduction for lighting upgrades is determined by subtracting the post -retrofit energy from the pre -retrofit
energy usage:
{[(Existing watts/fixture) x (existing quantity) x (existing hours of operation)] —
[(proposed watts/fixture) x (proposed quantity) x (proposed hours of operation)}] / 7000 = kWh savings
HVAC and Buildina Automation Svstems
Energy savings associated with HVAC and Building Automation Systems are calculated either using an eQuest
energy simulation model or a detailed, Excel -based weather bin data analysis model. Both draw on site survey
feedback. Neither model is proprietary - all calculations can be easily and readily repeated.
The heating/cooling load profile is determined by utility bills, building type and outdoor air temperature. Whereas
the current HVAC system's efficiency is based on the equipment's age and condition, the new equipment's efficiency
is provided with the manufacturer's specification sheets.
The current HVAC system's operating schedule and heating and cooling temperature setpoints are taken into
account to determine the baseline model. Savings calculations are based on improved equipment efficiency,
optimized operating schedules (to closely reflect the building occupancy schedules) and tighter heating and cooling
temperature setpoints. Energy savings from integrated occupancy sensors and HVAC units in addition to demand -
controlled ventilation are included where applicable in the energy savings analysis.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
22 1 Page
To determine how much less electrical energy is used by HVAC upgrades, the post -retrofit energy is subtracted from
the pre -retrofit energy usage:
((Size of Existing HVAC Unit) x (Unit Efficiency) x (Stipulated Load Factor) - (Size of New Cooling Unit) x (Unit
Efficiency) x (Stipulated Load Factor)) x (Annual Operating Hours) = kWh Savings
Energy Cost Savings
After calculating the kWh saved, the specific facility's average cost per kilowatt hour is used to determine the energy
cost savings.
(kWh saved) x (average $/kWh rate) = Total $ saved
IPMVP OPTION USED TO QUANTIFY SAVINGS
As described earlier in this section, when preparing reconciliation reports for our customers we follow industry
standard protocols for M&V as outlined in the U.S. Department of Energy's Efficiency Valuation Organization IPMVP
Core Concepts, EVO 100000-1 :2016. The determination of actual energy and monetary savings follow current
best practices, with cost savings determined and verified by comparing measured use or demand before and after
implementation and making suitable adjustments for changes in conditions.
Again, we believe that our approach to validating savings provides significant value to our customers. In the vast
majority of our M&V agreements we utilize IPMVP Option C, as we feel this is the most relevant method for capturing
true consumption reductions and financial savings.
1 .6.3 MONITORING SERVICES POST -IMPLEMENTATION/ INSTALLATION
To maximize the performance and savings of installed energy efficiency upgrades, Climatec can provide remote
monitoring services for HVAC, BAS and utility consumption in-house. Climatec's continuous 24/7 monitoring of
equipment operations in conjunction with our turn -key energy efficiency programs keeps our customers on track.
Our team of energy engineers make sure improvements are operating in line with specifications. They also partner
with City staff to keep them informed and proactively involved in achieving savings goals.
Climatec has an unmatched track record for achieving and exceeding projected energy savings, which we attribute
to our in-house remote monitoring capabilities. Other contractors may subcontract this function out to a third -party,
which can result in added expenses and, as a result, reduced savings. Instead, our team becomes an added resource
for City administration and staff and can assist with scheduling, special events and troubleshooting without any
hidden costs. This is important to those with higher goals than just seeing fiscal benefit. Climatec is the partner to
help not only deliver a comprehensive energy efficiency program but can ensure it continues to improve in
performance over time.
HAVE SUGGESTED THIS TO EVERY CITY WHO HASN'T MADE ANY CHANGES YET: START SMALL,
I IIl � I I I I �'� ��1 I ��'1 I C I I I I I I'1 I l l �!1► I Il'1 11 I I �� I l I l u I u I I I► I 11'��i�l!11 11 �' 1 I I 1 Il 11!11 I Ij I I I�► f �' 11!1 «��i�l I I I I I I I� I 11�i�1 I I!1► I I I I► I I I� �� I I I M
THE SAVINGS WILL IMMENSELY HELP YOU FUND FUTURE SUSTAINABILITY PROJECTS.
MAYOR PAULINE RUSSO CUTTER, CITY OF SAN LEANDRO
.........
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
23 1 Page
TAB 1.7: PERSONNEL
HIGHLY CREDENTIALED TEAM
With over 300 years in combined experience, Climatec's multifunctional energy team of seasoned professionals
look forward to bringing great value to the City of Santa Clarita. Our team is specifically experienced in helping
municipalities achieve energy efficiency and sustainability goals, substantial infrastructure renewal, and lasting
general fund relief through innovative and collaborative approaches. Climatec accomplishes this by leveraging our
expertise in master systems integration, design -build solutions, various funding sources, project and energy
engineering, sustainable and renewable energy solutions, smart city technology, energy savings calculations,
Measurement and Verification (M&V) and dedicated professional and certified project management.
In addition to the services provided, our team possesses multiple industry accreditations and credentials including:
■ Professional Engineers (PE)
■ Leadership in Energy and Environmental Design (LEED) APs and Green Associates
■ Certified Energy Managers (CEM)
■ Mechanical Engineers
■ Engineers in Training (EITs)
■ Certified Measurement & Verification Professionals (CMVPs)
■ Certified Project Managers
PRIMARY STAFF
Key personnel who would be directly involved with the City's energy efficiency improvement program are introduced
below, followed bytheir resumes highlighting their specific qualifications, experience, skill set, and relevant licensing.
City of Santa Clarita Proposed Project Team
President Steve Siverson (Executive Contact)
Primary Office: Anaheim
Corporate Vice President Tom Jackson
Primary Office: Pleasanton
PROGRAM DEVELOPMENT
Director of Energy Services Ashley Cascio
Primary Office: Los Angeles
Senior Business Development Manager
Amber Fritsch (Primary Contact)
Primary Office: Los Angeles
Account Executive
Dominic Corbett
Primary Office: Los Angeles
Director of Engineering
Sandeep Nayak, PhD, LEED AP
Primary Office: Phoenix
Engineering Manager
Jennifer Mosquera
Primary Office: Los Angeles
Neda Askari, PhD
Indoor Air Quality Specialist
Primary Office: Anaheim
Sr. Project Development Engineer
Max Parron, PE
Primary Office: San Diego
OPERATIONS & CONTRACT
Director of Operations
Jim Mullaney
Primary Office: Phoenix
Leo Salas
Primary Office: Los Angeles
Senior Project Manager
Solar Group Manager John Bonacci
Primary Office: Los Angeles
Business Manager Charlie Whittenton
Primary Office: Phoenix
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
24 1 Page
QUALIFICATIONS & EXPERIENCE
Starting as a sales executive with another major ESCO in 1984, Mr.
Siverson went on to co-found Rodgers Performance Contracting, ultimately
leading the business to the number one market share in the Southwest. Mr.
Siverson has personally managed over $1 billion in performance
contracting projects generating over $2.2 billion in savings.
Mr. Siverson is intimately involved with the CA legislative processes for the
energy industry and CA public sector agencies to assure the long-term best
interests of our customers are served with the highest regard.
Relevant program experience: Cities of Ontario, San Leandro, Bellflower,
Fountain Valley, Indio, Duarte, Bell, Bellflower, Beverly Hills, Weed, and
dozens of other public -sector agencies across California.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As President, Mr. Siverson has complete responsibility for the leadership of
Climatec Energy Services nationally and provides oversight for business
alliances and teaming agreements with strategic partners.
Mr. Siverson will provide oversight and support to the team ensuring City
goals and priorities are met and overall complete customer satisfaction is
achieved. Mr. Siverson has over 37 years of experience in the energy
services industry and reports directly to the Board of Directors for Bosch,
our parent company.
QUALIFICATIONS & EXPERIENCE
Mr. Jackson is an experienced executive, with an extensive background
in domestic, international, sales, marketing, and finance corporations.
He has led large strategic business units for multi -nationals, as well as
product development and service organizations for Honeywell
International and Motorola Broadband. Mr. Jackson's expertise is
primarily in the areas of energy efficiency, building technology, wireless,
broadband equipment, software, and service. He is currently an active
member of the Industry Advisory Council for the California Lighting
Technology Center & Energy Efficiency Center, UC Davis.
Recent programs include Cities of Ontario, San Leandro, Bellflower,
Fountain Valley, Indio, Duarte, Bell, Bellflower, Beverly Hills, Weed, and
dozens of other public -sector agencies across California.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As Climatec's Corporate Vice President, Mr. Jackson has complete
oversight for both Sales and Operations for the entire California energy
services business. His responsibilities include leadership of business in
California and he provides the strategic direction for the Division
including alliances and teaming agreements with strategic partners.
Mr. Jackson is based out of our Los Angeles office and will provide
oversight and support to the Energy Services Team as the executive
contact for the project. He will be directly involved in assuring all entities
receives best value pricing and fair agreements from the onset.
CITY OF SANTA CLARITA
CLIMATECLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
25 1 Page
QUALIFICATIONS & EXPERIENCE
Ms. Cascio brings 14 years of experience in business development and
brand building for Fortune 500 companies and public sector. Since
2010, Ms. Cascio has passionately served California public with
thoughtfulness & precision.
Recent programs include Cities of Ontario, Bellflower, San Leandro,
Fountain Valley, and Duarte along with over a dozen K-72 agencies in
LA County. Ms. Cascio played an integral role implementing over $40
million in renewed energy infrastructure for various public agencies in
the Santa Clarita Valley.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As the Director of Energy Services, Ms. Cascio oversees Climatec's
market offerings for public sector providing leadership for existing and
new business development teams. Amongst her responsibilities include
oversight of Climatec's relations with LOCC, CCMF, Contract Cities,
CASH, CASBO, CSBA, and ACSA.
Ms. Cascio, based out of our Los Angeles office, will work with the entire
team to employ effective communication strategies at each project
milestone. Ms. Cascio plays an instrumental role between Climatec and
City stakeholders to help staff gain community & Council support for
the program. Additionally, Ms. Cascio will lead the efforts in Climatec's
scope and funding plan development process to ensure the City's
objectives are thoroughly addressed.
QUALIFICATIONS & EXPERIENCE
In the last 9 years, Mrs. Fritsch has assisted scores of public agencies
implement both small and large-scale energy efficiency programs to
achieve desired energy, infrastructure, and financial goals, changing
the way public agencies benefit from energy savings projects by taking
a long-term approach paired with measurable, lasting results. She is
also very involved with various organizations across California LOCC,
CCMF, Contract Cities, CASH, CASBO, CSBA, ACSA, and other
County Offices of Education statewide.
Additionally, Mrs. Fritsch's broad experience with various funding
vehicles provides her customers with knowledge in specifications,
contracts, financial analysis, and ongoing support agreements.
Recent programs include Cities of Duarte, Bellflower, Corona -Norco
USD, Alvord USD, Palmdale USD, and Saugus Union SD.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
Mrs. Fritsch, Climatec's Senior Business Development Manager, leads
the charge in developing innovative strategies to support infrastructure
improvement efforts for the public sector market.
Mrs. Fritsch is based locally out of our Los Angeles office and is
dedicated as the City's primary contact. She will work directly with the
City to help evaluate the City's options for scope & funding while
engaging all the necessary stakeholders in the decision -making
process. Mrs. Fritsch will play an integral role in each phase of the
project ensuring successful project design, implementation, and
performance monitoring.
CITY OF SANTA CLARITA
CLIMATECLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
26 1 Page
QUALIFICATIONS & EXPERIENCE
Mr. Corbett serves as program manager for over $25 million in active
energy savings program currently being implemented. In the last couple
years, he helped the Cities of Duarte, Fountain Valley, Bell & Twentynine
Palms successfully implement their energy efficiency program. Mr.
Corbett combines his well-rounded experience in energy efficiency,
solar & mechanical engineering to ensure the City's comprehensive
program is delivered with care.
Recent programs include Cities of Duarte, Fountain Valley, Bellflower,
Bell and Twentynine Palms.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
Mr. Corbett is the Account Executive in Southern California's municipal
and K-12 markets for Climatec, and a leader in developing innovative
strategies supporting energy conservation funding.
Mr. Corbett is also located in Los Angeles and will work closely with the
entire team through each phase ensuring customer objectives and
timeframes are met.
QUALIFICATIONS & EXPERIENCE
Dr. Nayak has 17 years of experience in energy engineering including
comprehensive site assessments, energy engineering, and energy
savings calculations for utility rebates. Along with a PhD in Mechanical
Engineering, Dr. Nayak's other accreditations include LEED AP and EIT.
Recent programs include Cities of Ontario, San Leandro, Bellflower,
Duarte, Fountain Valley, Bell, Blythe, Weed and dozens of other public -
sector agencies across the State of California.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As the Director of Engineering, Dr. Nayak supervises and manages all
energy engineering and savings calculations on energy projects. In
addition, Dr. Nayak and his team are responsible for benchmarking
and prioritization, deeming the cost-effectiveness of each individual
energy efficiency improvement project and the program, and tracking
and reporting. Dr. Nayak manages third -party engineering reviews for
savings projections, administers utility rebate applications ensuring
maximized incentives, and provides technical assistance to Climatec's
project development group and project management teams to ensure
successful implementation.
Dr. Nayak is located in Los Angeles and leads the development,
verification, and management of all energy savings calculations. In
addition to the energy calculations, Dr. Nayak will also manage
Climatec's utility rebates and M&V groups to maximize incentives and
ensure savings projections are met for the City.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
27 1 Page
QUALIFICATIONS & EXPERIENCE
Ms. Mosquera has over 7 years experience managing large and
complex infrastructure renewal programs as well as the engineering
aspects of these programs. Under her management, a number of
successful energy projects have been designed and are currently being
implemented on time and within budget for public agencies.
Ms. Mosquera is fluent in Spanish and her education background
includes a Bachelor's degree in Business Administration and a Master's
degree in Mechanical Engineering with concentration on energy.
Recent programs include Cities of Ontario, San Leandro, Duarte,
Fountain Valley, Bell, and Weed.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As an Engineering Manager for Climatec, Ms. Mosquera is responsible
for the oversight of all engineering duties and requirements for energy
services projects for public sector customers across the Southwest.
For the City of Santa Clarita's energy efficiency improvement program,
Ms. Mosquera will be responsible for the engineering, critical
operations, and technical oversight of the City's energy savings
program. She is based out of Los Angeles office and will work hand in
hand with Climatec's Senior Project Manager, Mr. Salas, as well as the
City to ensure compliance with local and state regulations regarding
engineering and program requirements.
QUALIFICATIONS & EXPERIENCE
Dr. Askari is Climatec's resident Indoor Air Quality (IAQ) Specialist in
charge of helping K-12 customers improve the health and safety of their
facilities. Offering over 7 years of international work experience in
energy management, business development, project coordination,
research, data analysis, and budgeting, Dr. Askari brings valuable and
unique insight to the project development process.
Dr. Askari is in charge of evaluating emerging technologies for
improving IAQ and promoting sanitation of HVAC systems and surfaces
in public spaces. Before Climatec considers the inclusion of IAQ
technologies in a project, Dr. Askari conducts thorough vetting of the
equipment manufacturers, safety ratings, third party testing results, and
lifecycle costs.
Recent programs include City of Ontario, Alvord USD, Corona -Norco
USD, Palmdale USD, Rowland USD, and Saugus Union SD.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
To help the City meet current health guidelines for indoor air quality,
Dr. Askari will help evaluate holistic solutions for improving ventilation,
filtration, and air purification.
Dr. Askari will be responsible for the engineering, critical operations,
and technical oversight for IAQ efforts. She will work hand in hand with
the entire project team to develop, implement, and communicate with
City stakeholders about clean air solutions.
CITY OF SANTA CLARITA
CLI MATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
28 1 Page
QUALIFICATIONS & EXPERIENCE
Mr. Parron has over 13 years of experience in the energy auditing,
commissioning, mechanical design, and construction of commercial
and industrial buildings. Energy auditing experience includes on site
investigations of more than two hundred buildings totaling over 10
million square feet. Mr. Parron is a registered Professional Mechanical
Engineer with the state of California.
Recent programs include Cities of Ontario, San Leandro, Bellflower
Duarte, Fountain Valley, Indio, Blythe, Weed, and a number of other
public -sector agencies.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As a Project Development Engineer Mr. Parron coordinates all
deliverables on our public sector energy projects, including identifying
energy efficiency opportunities, providing implementation budgets,
researching utility rebates and prioritizing measures for installation.
Mr. Parron is located in Los Angeles and his primary role for the project
is the identification, development and evaluation of energy efficiency
improvement measures serving as a "quarterback" for the project to
ensure all necessary information is acquired and all tasks are performed
properly. He will work closely with all members of the project
development team to gather information, assess energy efficiency
opportunities, prepare budgets, and ensure a high -quality project is
delivered.
QUALIFICATIONS & EXPERIENCE
With over 31 years of leadership experience in construction, finance and
project management, Mr. Mullaney provides tremendous project
development expertise in delivering customer tailored solutions and
effective project delivery. Previous leadership roles have included Project
Management Director, COO/CFO and General Manager for several
major corporations, serving the performance contracting, HVAC products
and services, construction, and building services industries.
Recent programs include Cities of Ontario, San Leandro, Bellflower,
Duarte, Fountain Valley, Bell, Indio, and Twentynine Palms.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As Director of Operations, Mr. Mullaney manages all operational aspects
of our energy services business across the Southwest. He maintains active
communication with Climatec's Project Management team, focused on
providing team leadership and upholding best practices for ensuring
customer satisfaction and successful project completion. Mr. Mullaney's
strong operational experience, market knowledge and commitment to
excellence enable Climatec to develop and deliver energy savings projects
that meet State requirements, including AQMD and DIR. Mr. Mullaney
holds a MBA in Finance.
Mr. Mullaney will work cohesively with the project design and management
teams, providing leadership from review of the energy audit through project
implementation and close out. He will also assist in the turnover of the
project from Climatec to the City ensuring proper training and education
for City staff.
CITY OF SANTA CLARITA
CLIMATECLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
29 1 Page
QUALIFICATIONS & EXPERIENCE
Mr. Salas brings more than 23 years of project management experience in
for comprehensive energy conservation programs — including large and
complex projects for the public sector. Mr. Salas has worked in the
comprehensive energy efficiency and conservation business on large and
complex projects across the State of California. Mr. Salas' background in
building automation, lighting and lighting controls, and xeriscape provides
a unique insight on his customer's needs to save money by using less
energy, conserving water, and lessening their carbon footprints. Currently,
Mr. Salas is assisting the City of Ontario implement a comprehensive
program that will save the City's budgets over $75 million in lifecycle
savi ngs.
Recent programs include Cities of San Leandro, Ontario, Duarte, Fountain
Valley, Bell, Ramona USD, and Rowland USD.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
As a Sr. Project Manager, Mr. Salas, is responsible for leading program
implementation of energy savings programs for public agencies across the
State of California.
For the City of Santa Clarita's energy efficiency improvement program, Mr.
Salas will provide hands-on coordination and management, acting as a
liaison between contractor and customer personnel, and evaluate and
recommend specifications and work requirements as job conditions
warrant, all combined, ensure successful outcomes and, as a result, high
rates of satisfaction.
QUALIFICATIONS & EXPERIENCE
Mr. Whittenton developed and led another major ESCO's engineering
center for building automation in the western United States, which
included developing and maintaining engineering requirements for all
performance contracts in the region. Mr. Whittenton joined Climatec in
2009 as Vice President of Operations, moving to the role of Business
Manager. Mr. Whittenton is a Six Sigma Black Belt.
Recent programs include Cities of Ontario, San Leandro, Bellflower,
Duarte, Fountain Valley, Bell, Indio, and Twentynine Palms.
RESPONSIBILITIES & ROLE WITH THIS PROGRAM
Mr. Whittenton is responsible for managing the review and negotiation
of contract terms, contract compliance, quality control, and safety
program compliance on public sector energy efficiency improvement
programs.
Mr. Whittenton will oversee contract negotiations, project financing,
and maintenance reserves policies, ensuring compliance with all
contract documents. He will also oversee the efforts of the M&V team
during administration of the guaranteed portion of the contract.
CITY OF SANTA CLARITA
Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
30 1 Page
TAB 1.8: WORK PLAN
1 .8.1 DETAILED WORK PLAN SUMMARY OF HOW PROPOSER WILL
ADDRESS CITY'S OBJECTIVES AND PROJECT REQUIREMENTS
The City of Santa Clarita's 2020 Strategic Plan identifies "Sustaining Public Infrastructure" as one of six quality of
life themes. In support of this theme, and the core tenets of the Environmental Services division &
GreenSantaClarita.com, the City seeks a qualified firm for the development and implementation of Citywide energy
efficiency upgrades. The City intends to work with a single entity/proposer in a phased approach for the entire
project.
We understand the City is seeking a three -step phased approach that encompasses all City owned facilities,
including (12) buildings and (38) parks across Santa Clarita Valley:
1 . The City conducts best value evaluation process in accordance with Government Code Section 4217.13 to
select a qualified energy service company.
2. The selected ESCO conducts a Citywide Facility Audit (Investment -Grade Audit) identifying prospective
energy efficiency improvement projects that will provide sustained efficiencies and energy cost savings.
3. The City determines what projects to proceed with and presents findings and recommendation to City
Council for award of construction contract to the selected energy service company.
Project Locations
Facilities:
1-ary Hs
1- Business Incubator
3-Corporate Ye rd
4-Ten Heidt Newhall Meiraiin k Station
5 - Santa Clarity Metrpllnk Station
6- V.0—Try 4—Station
] -Transit Malntenanrz Facility
8- Via Pr'�ncessa We 11nk Station
9 - Newhall Libras
10-Valenc1a Library
11- Ca nyun Cuantry library
12-The Cube
Parks:
1-Alm dry Park
20-Mountain View Park
2- Arboleda Trailhead Park
21-New1hall Pack
3Begonies Lane Park
22-North Oaks Park
4 Bouquet Carryon Pa rk
23-Narchb.dge Pa rk
S-Bridgeport Park
14- Oak Spring Canyon Park
6-Gwynn(—.,,Park
25. Old O rchard Perk
-Central Park
26 Pacific Crest Pnrk
3-Chesebrough Par#
27-Pampllco Park
9- prole l Ranch Park
28-Bluer Village Trailhead Park
SR -Community Censer - Newhall
29- San[e Ca risa Park
11-Capper Hill Park
30-Santa Clotho sports Com Plex
12-Creekview Park
31- Todd Longshore Park
13-Havid March Pa rk
32-Va end: Centrel Valley
1d-Nissouery Park
CI_ Glen Park
15- Duane N. Harte Park
34_Valencia Heritage Park
16-Falr oaks Park
35- Valencia Meadows Park
1]- Gplden Valley Park
31-1a1encia 5—it Perk
18-Yuri Horse Traflhead
3]-Veterans Historical Plata
19-Markelpkace Park
38-West Creek Park
Climatec understands the City is experiencing immense pressure on staff resources and does not have additional
resources available to fully delegate to the project. As such, it is critical for the awarded respondent to have the
resources, qualifications and experience required to provide a turnkey process from start to finish with little oversight
required by City Staff. In the next section, we provide a detailed work plan summary for how we will help the City
achieve its objectives and project requirements.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
31 1 Page
WORK PLAN SUMMAR`-'
In section 1 .4.3 Proposer's Methodology to Developthe City's Energy Conservation Plan we provide a detailed work
plan summary which includes our five -step methodoloy to develop and implement an energy and water efficiency
program:
STEP 1 STEP 3 STEP 5
SITE FINALIZE SCOPE + MEASUREMENT &
ASSESSMENTS 0 FUNDING PLAN 0 VERIFICATION
0STEP 2 STEP 4
DEVELOP PROGRAM
PRELIMINARY IMPLEMENTATION
SCOPE + FUNDING PLAN
To tie our approach to the three -step phasing detailed in the RFP and in the pre -bid meeting, steps 1 through 3
from the diagram above consitute our investment grade assessment (IGA) process. The major steps of the IGA with
an anticipated timeline of events are detailed in the next section.
INVESTMENT GRADE ASSESSMENT (IGA)
If fortunate enough to be selected through the RFP process, our team would commce a Citywide IGA immediately.
From start to finish, the IGA will likely take about four to five months to complete for the (12) buildings and (38)
parks listed in the RFP. This takes into account lead time for obtaining necessary utility data from your utility
providers, which is generally a somewhat slow moving process out of the City & Climatec's control.
In addition to the project locations described in the RFP, Climatec would also include the following new (or coming
soon) buildings in the assessment, if desired by City staff:
■ Canyon Country Community Center (building in phases)
■ Santa Clarita Valley Sheriff's Substation
■ Valencia Ice Station
■ Paseo Pathways
When completing the steps of the IGA, our goal will be to minimize impact on City staff's time and attention. Our
team has tremendous expertise in streamlining a thorough, citywide assessment in a way that feels effortless and
noninvasive for Staff. This expertise is a natural outcome of being an experienced, market leader that has been
around the block. We understand how to work with local government and how to manage timelines and
expectations in an ever changing environment.
Our areas of focus for the IGA will include:
■ Battery and Energy Storage
■ Building Automation System (BAS)
■ Heating Ventilation & Air Conditioning (HVAC)
■ Irrigation Controllers
■ Lighting (Interior, Exterior, Sports)
■ Microgrid Solutions
■ Pool Pump Variable Frequency Devices (VFDs)
■ Solar Photovoltaic (PV)
■ Transformers
■ Water Metering & Conservation Measures
■ Other associated infrastructure improvements
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
32 1 Page
Here is a summary of the steps and timeline we anticipate to complete your IGA:
Collect facility square footage information
Provide accounts payable & general expenditure
information for utility providers
Populate utility release forms & submit to utility providers
Discuss facility & parks needs on a per site basis
Develop utility baseline analysis
Conduct site assessments (IGA)
Mid Sept
Mid Sept
Mid Sept
Climatec
City Staff
Climatec
Mid Oct Climatec &
City Staff
Late Oct Climatec
Early Nov Climatec
Review IGA findings & develop options for a preliminary
Mid Dec
Climatec
scope of work
Conduct scope verification meeting & gain input from staff
Mid Dec
Climatec &
regarding scope priorization
City Staff
Formalize an energy & water master plan for the
Climatec
Early Jan
prioritized scope and conduct financial engineering
Identify alternative funding solutions & lowest -cost
Climatec
Early Jan
financing options available
Develop preliminary funding plan and review with staff
Mid Jan
Climatec &
Staff
Finalize scope & funding plan based on staff input
Late Jan
Climatec
Conduct study session with City Council to review the
Early Feb
Climatec
proposed scope, funding & implementation plan
Council provides input on which projects it desires to
Early Feb
Council
consider for implementation
Staff selects target action date for City Council to consider
Mid Feb
City Staff
approval of agreements for project implementation
During the IGA development, the City's main point of contact will be Amber Fritsch. Amber will work closely with
the our engineering manager and team of engineers to complete the steps listed above.
PROJECT IMPLEMENTATION
Once City Council and staff provide direction on the projects it desires to implement, Climatec will put the finishing
touches on the investment grade assessment with a detailed walk-through of the finalized scope and existing
conditions. We will also complete the financial engineering required to provide a firm, not -to -exceed price (free of
change order risk) and a contractual savings guarantee for program performance.
After the IGA details are finalized, our team will work with the City Attorney to prepare agreements for design/build
implementation services and savings performance monitoring. Once the form of agreement is agreed to by all
parties, Climatec will provide agenda items, presentations and draft staff reports to help prepare for the Council
action item.
If approved by Council, project implementation efforts would kick-off within a few weeks post -Council award. Prior
to starting work, staff and the Climatec project management team will be fully aligned regarding plans and protocols
for construction. Like with the IGA, our construction approach is tailored to minimize impact on Staff's time and
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
33 1 Page
attention. We understand what it takes to deliver energy efficiency programs on -time and on -budget without
impacting building occupants and City operations.
Here is a summary of our typical steps taken during program implementation and an anticipated timeline:
Task
By When Responsible
.a rty
Complete remaining assessments (as applicable) to
Late March Climatec
finalize the IGA
Populate draft agreements & conduct legal review
April City Attorney
& Climatec
Prepare agenda packet & staff report for City Council
Late April
Climatec &
action item
Staff
Prepare / post public hearing notice 14 days prior to
Late April
Climatec &
action date
City Staff
Council conducts public hearing & considers
May
Council
agreements for project implmentation
Secure funding on behalf of the City
May
Climatec
Conduct kick-off meeting for construction
Late May
Climatec &
Staff
Conduct weekly or bi-weekly construction meetings &
On -going
Climatec
prepare updates to keep City stakeholders informed
Comply with Public Contract Code, Government
Code, Labor Code, all other applicable City codes,
On -going
Climatec
regulations, specifications, and design standards
12-18
months
Climatec
Complete project implementation & punch list
Provide annual savings report
Annually
Climatec
Provide warranties support & post -implementation
As needed
Climatec
customer service
During the course of construction, the City's main point of contact will continue to be Amber Fritsch to ensure
cohesion with the IGA intent and a whiteglove experience from start to finish. Amber will be working closely with the
project management team to complete all the steps listed above and serve as the City's advocate for the life of the
program.
55
WE HAD PLANNED TO UPDATE OUR AGING HVAC SYSTEMS, BUT WHEN THE PANDEMIC HIT, IT BECAME A FIRST PRIORITY
PROJECT. CLIMATEC WAS ABLE TO REPLACE 515 OF OUR UNITS OVER THE SUMMER AND CLASSROOMS WERE READY FOR
TEACHERS IN AUGUST. WE THOUGHT THIS WASN'T POSSIBLE, BUT THEY DID IT AND WE ARE SO GRATEFUL.
THE INITIAL PROJECT WENT SO WELL THAT WE INITIATED A SECOND PHASE WITH CLIMATEC. CLIMATEC HAS BEEN OUR
PARTNER IN CREATING LEARNING SPACES FOR STUDENTS AND STAFF THAT ARE COMFORTABLE AND SAFE."
NICK HEINLEIN, ASST. SUPT OF BUSINESS I SAUGUS USD, SANTA CLARITA VALLEY
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
34 I Page
TAB 1.9: LIST OF REPRESENTATIVE
PROJECTS/ REFERENCES
1 .9.1 LIST OF REPRESENTATIVE PROJECTS UNDERTAKEN BY
PROPOSER IN LAST THREE YEARS
In the last three (3) years alone, Climatec and its highly experienced energy professionals have delivered over 100
comprehensive energy efficiency programs providing turn -key design -build services and guaranteed savings.
Regularly, Climatec is invited back for several phases for the same customer. Rather than the traditional "get in, get
out" approach, Climatec's philosophy is built on trust and building long-term private -public partnership.
After delivering a successful initial phase, our customers generally pursue a multi -phase approach for addressing
energy efficiency needs through a long-range master plan. Our customers find value in this approach as the project
team remains the same, bringing familiarity with existing facility infrastructure, knowledge of remaining needs and
priorities, understanding of customer procedures and policies, focus and thorough care and attention, while
remaining flexible to changing customer needs and updates in the funding environment.
As a turn -key provider, Climatec provides each program from inception through post -implementation, including
securing innovative financial solutions maximizing infrastructure modernizations and bringing true impact to the
general fund. Each of our programs are tailored based on customer needs and priorities and delivered on time and
within budget.
Several of our recently implemented programs include:
City of Bell
Burlingame SD
Holtville SD
Palm Springs USD
City of Bellflower
Cabrillo USD
Jefferson Union HSD
Palmdale SD
City of Beverly Hills
Calexico USD
Keppel Union SD
Pierce Joint USD
City of Blythe
Calipatria USD
Konocti USD
Placer Hills Union SD
City of Duarte
Castro Valley USD
Lake Tahoe USD
Pollock Pines ESD
City of Escondido
Centralia ESD
Lennox SD
Poway USD
City of Fountain Valley
Cloverdale USD
Lindsay USD
Richland SD
City of Indio
Coachella Valley USD
Live Oak SD
Robla SD
City of Laguna Beach
Corona -Norco USD
Lodi USD
Rio Bravo -Greeley SD
City of Ontario
Covina -Valley USD
Lucerne Valley USD
Rowland USD
City of Rancho Palos Verdes
Culver City USD
Maple SD
Saddleback Valley USD
City of San Leandro
Denair USD
McFarland USD
San Benito HSD
City of Seal Beach
Earlimart SD
Meadows Union SD
San Lorenzo USD
City of Weed
Eastside Union SD
Middletown USD
Santa Cruz City Schools
County of Nevada
El Segundo USD
Mountain View SD
Saugus Union SD
Acalanes UHSD
Enterprise ESD
Needles USD
Semitropic SD
Alvord USD
Escondido UHSD
Newhall SD
Sulphur Springs SD
Anaheim City SD
Fairfax SD
Ojai USD
Travis USD
Apple Valley USD
Hayward USD
Orcutt SD
Valley Center-Pauma USD
Arvin Union SD
Heber SD
Orland USD
Victor Valley UHSD
Bellevue Union SD
Hesperia USD
Oxnard SD
Vineland SD
In addition to our implemented programs, Climatec is currently developing comprehensive energy and water
infrastructure modernizations for over a dozen new public agencies as a result of recent RFP awards.
1 .9.2 MINIMUM OF THREE (3) PROFESSIONAL PUBLIC -SECTOR
REFERENCES PERFORMED WITHIN PAST THREE (3) YEARS
On the following pages, we have highlighted three project references for three public -sector agencies that draw
direct parallels to the challenges, goals, and needs of the City of Santa Clarita. To further highlight project success
and complete customer satisfaction, we have included actual customer reference letters and press releases
immediately following these references.
We also encourage the City and its evaluation team members to review case studies that highlight other similar
programs designed and implemented by Climatec.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 700% recycled paper Citywide Energy Efficiency Upgrades
35 1 Page
CITY OF ONTARIO
PROGRAM FEATURES
■ City -Wide LED Street Light Conversion
■ Street Light Monitoring & Dimming Controls
■ "Smart City" Technology — Wireless Mesh Network
System
■ New High Efficiency Heating & Cooling Equipment
■ New Building Automation System (BAS)
■ Interior/Exterior LED Lighting Modernization
■ LED Dimming Control /Occupancy Sensors
■ Electric Vehicle Charging Stations
■ New 1 .1 MW Solar Array
■ Battery Energy Storage System (BESS)
■ Community Outreach & Engagement Program
CITY OF BELLFLOWER
PROGRAM FEATURES
■ New Building Automation System (BAS)
■ CO2 Based Ventilation Controls
■ Street Light LED Conversion and Control/Monitoring
■ Interior & Exterior LED Lighting Modernizations
■ LED Dimming Control /Occupancy Sensors
■ Court/Sports Field LED Lighting Modernization
■ New High Efficiency Heating & Cooling Equipment
■ Weather -Based Irrigation Controllers at City Parks
■ Battery Energy Storage System (BESS)
■ New Solar Thermal Water Heating System
■ Community Outreach & Engagement Program
*CLIMATEC
Printed on 100% recycled paper
CITY OF SANTA CLARITA
Citywide Energy Efficiency Upgrades
36 I Page
CITY OF SAN LEANDRO
PROGRAM FEATURES
■ City -Wide LED Street Light Conversion
■ Street Light Monitoring & Dimming Controls
■ "Smart City' Technology — Wireless Mesh Network System
■ New High Efficiency Heating & Cooling Equipment
■ Interior/Exterior LED Lighting Modernization
■ LED Dimming Control /Occupancy Sensors
■ Building Automation System (BAS) Upgrades
■ Weather -Based Irrigation Controllers
■ 1 MW Solar Array at WPCP
■ Battery Energy Storage System (BESS)
■ Biogas to Renewable Natural Gas (RNG) System
■ High Strength Waste (HSW) Receiving Facility
■ Digester Mixing System Enhancement
■ High Efficiency Heat Loop Pump Enhancement
■ High Efficiency Turbo Blower System Improvements
■ Community Outreach Program
City of San Leandro's Community Outreach Video
City Council Testimonial (September 2020I
I HAVE SUGGESTED THIS TO EVERY CITY WHO HASN'T MADE ANY CHANGES YET: START SMALL, IDENTIFY EVERYTHING YOU AND YOUR COMMUNITY WANTS TO
DO AND THEN START WITH THE LOW HANGING FRUIT. THE SAVINGS WILL IMMENSELY HELP YOU FUND FUTURE SUSTAINABILITY PROJECTS.
MAYOR PAULINE RUSSO CUTTER, CITY OF SAN LEANDRO
...........................................................................................................................................................................................................................................................................................................
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
37 1 Page
CUSTOMER REFERENCE LETTERS & PRESS RELEASES
City of San Leandro
Civic Center, 835 E. 14th Street
San Leandro, California 94577
www.san[candro.org
To whom it may concern:
In early 2016, the City of San Leandro issued a competitive RFP and elected to partner with
Climatec for development and implementation of a comprehensive infrastructure, smart city and
sustainability program across the City. Our City's challenges consisted of aging infrastructure,
limited capital funds and resources, and a newly adopted Community Workforce Wgreement
(CWA) in which this project would be the first to utilize the CWA. In addition, Council wanted to
further progress our Climate Action Plan (CAP) and expand our smart city initiatives. Climatec
collaborated with our staff to develop a comprehensive program which overcame our challenges
and accomplished our goals both technically and financially.
Features of this program included HVAC improvements, exterior/park LED lighting, smart
irrigation clocks, a public energy dashboard, and conversion of 4,700+ street lights to LED
technology, including a citywide street light monitoring and control platform which allows for
future expandability for our "Smart City" initiatives. Through this partnership, the City has
become an international "Smart City leader, improving the livability and connectivity of its
community. Climatec successfully completed the program without any change orders while
overcoming challenges regarding our CWA.
In addition, Climatec assisted the City with acquiring an EPIC grant through the California Energy
Commission (CEC) for additional energy conservation measures and renewable generation (solar
PV) at our Water Pollution Control Plant. By implementing both comprehensive programs, the
City expects to achieve aver $23.5 million in lifecycle savings. In addition to the financial benefits,
San Leandro's investments in clean infrastructure will reduce the City's greenhouse gas emissions
by 3,400 metric tons annually. That's the equivalent of annual savings 343,787 gallons of gasoline,
preserving over 90,000 trees from deforestation and powering over 450 San Leandro homes.
Climatec has been instrumental in developing and funding comprehensive programs that meet
our City's needs. I am pleased to recommend Climatec and their entire team for your
comprehensive infrastructure and sustainability program. Please feel free to contact me to
discuss further.
Re rds,
. *A"4-
bie Pollart
Public Works Director
dpollart@sanleandro.org
(510) 577-3440
Paulinr Russo Cutter, Mayor
City Council:
Victor Aguilar, Jr. Pete Ballow+.. Deborah Cox
Ed Hernandez Benny Lee Corirta N. 1-6pez
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
38 1 Page
TAB 1.10: FINANCIAL
1.1 0.1 PROVIDE THREE (3) MOST RECENT AUDITED FINANCIAL
Per the City's request, audited financial statements and annual report can be found online: http://annual-
report. bosch.com/home/.
Below is a quick glance of Bosch's financials (figures represented in millions of euros). For additional information,
please contact Amber Fritsch, amberf(o)climatec.com.
Sales revenue
percentage change from previous year
percentage of sales revenue generated outside Germany
Research and development cost
as a percentage of sates revenue
Capital expenditure
as a percentage of depreciation
Associates
average for the year
as of December 31
Total assets
Equity
as a percentage of total assets
E BIT
as a percentage of sales revenue
Profit after tax
Dividend of Robert Bosch GmbH
2020 2019
77,721
-0.9
so
6,079
7.8
4,9B9
146
407,538
S98,150
87,861
41,079
47
21903
3.7
2,060
119
1 .1 0.2 DEMONSTRATE THE PROPOSAL FINANCIAL CAPACITY TO CARRY
OUT THE PROJECTS
Climatec offers unmatched stability and financial strength. Climatec is wholly owned and
financially backed by the Bosch Corporation, a privately held, $94 billion engineering and
BOSCH technology company with 93% of its ownership held by a charitable, non-profit trust. Founded by
Robert Bosch in Stuttgart, Germany in 1886, Bosch's strategic objective is to deliver innovations
.e° that improve quality of life while delivering sustainability to public sector markets we serve. Unlike
most energy and/or solar companies who are frequently bought, sold and restructured, we have
never changed our name nor transferred our energy service agreements to another third -party.
Bosch's private ownership uniquely allows Climatec to focus on the City's long-term needs, not corporate interests
or shareholder performance. We can focus on the City's goals and objectives while guaranteeing our ability to perform
all the terms of this solicitation request for the life of the project and beyond - a true partnership. We are proud to be a
regional, stable, completely debt -free company with a 46-year track record of designing and implementing
successful utility savings programs for the public sector.
1 .1 0.3 PROVIDE A LETTER FROM BONDING COMPANY STATING
PROPOSER'S BONDING LIMITS AND BOND RATING AND CONFIRMING
PROPOSER HAS BONDING CAPACITY REQUIRED
Climatec is bonded by Liberty Mutual Insurance Company, which is rated "A XV" by AM Best and listed in the
Federal Register. Our bonding capacity allows us to accommodate projects of virtually any size.
Please find on the following page, the requested letter from our surety confirming our bonding limits, bond rating,
and bonding capacity.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
39 1 Page
BONDING INFORMATION LETTER
Liberty Mutual Surety
July 6, 2021
City of Santa Clarita
23920 Valencia Boulevard
Suite 120
Santa Clarita, California 91355
Re: Climatec LLC
Project: Citywide Energy Efficiency Upgrades
Proposal #: ES-20-21-39
Attn: Purchasing
Liberty Mutual Insurance Company, Surety for Climatec, LLC and Marsh USA Inc. their
surety agent currently have the privilege of providing bonds for Climatec, LLC since 2017.
Climatec, LLC's financial strength and management capabilities have qualified them for
bonding on any project, which they have chosen to undertake. As such, Liberty Mutual
Insurance Company highly recommends them for favorable consideration on your project.
Climatec, LLC has been extended a bonding facility, which will support individual projects
up to $20,000,000.00 and an aggregate work program in the $100,000,000.00 range.
Climatec, LLC currently has in excess of $60,000,000.00 available capacity. Surety bonds
are underwritten by Liberty Mutual Insurance Company which is rated A XV by AM Best
and is listed in the Federal Register.
Liberty Mutual Insurance Company holds Climatec, LLC in the highest regard. We heartily
endorse their organization and will provide the requisite bonding should projects be
awarded to Climatec, LLC.
This commitment is subject to acceptable contractual and underwriting terms and
conditions.
If you have any questions or need any additional information, please do not hesitate to
contact me.
Sincerely,
Liberty Mutual Insurance Company
'`�
Adrienne C. Steven on
Attomey-in-Fact for Surety
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
40 1 Page
1 .1 0.4 PROVIDE A LETTER FROM INSURER CONFIRMING PROPOSER'S
INSURER WILL PROVIDE INSURANCE COVERAGES REQUIRED BY
SAMPLE AGREEMENTS IN SECTION D
Climatec, LLC is insured by several highly rated insurance companies including HDI Global Insurance Company,
Zurich American, American Zurich, and Indian Harbor Insurance. All of these companies carry an AM Best rating
of A+(Superior) or higher. Please find a copy of the letter as requested on the following page.
III MARSH
July 12, 2021
City of Santa Clarita
23920 Valencia Blvd, Suite 120
Santa Clarita, CA 91355
Re: Insurance Coverage Verification
To whom it may concern,
Climatec, LLC is insured by several highly rated insurance companies including HDI Global Insurance Company, Zurich
American, American Zurich, and Indian Harbor Insurance Company. All of these companies carry an AM Best rating
of A+(Superior) or higher.
Current limitations are as follows:
Category
Comments
Coverage
General Liability:
Each Occurrence
$1,000,000
Damage to Rented Premises
$ 300,000
Med Exp (Any one person)
$ 10,000
Personal & Adv Injury
$1,000,000
General Aggregate
$2,000,000
Products — Comp/Op. Agg
$2,000,000
Automobile Liability:
Combined Single Limit
$2,000,000
Umbrella Liability:
Each Occurrence
$5,000,000
Aggregate
$5,000,000
Workers' Compensation and
E.L. each Accident
$1,000,000
Employers' Liability:
E.L. Disease —each Employee
$1,000,000
(per statute)
E.L. Disease —Policy limit
$1,000,000
Professional Liability:
Each Occurrence
$3,000,000
SIR
$100,000
These limitations meet and/or exceed insurance coverages required by sample agreements in Section D of Proposal
# ES-20-21-39.
If you have any questions or need any additional information, please do not hesitate to contact me.
Bestregard,
Kendall Petykiewicz, VP
(Marsh USA
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
41 1 Page
1 .1 0.5 PROVIDE A SAMPLE OF THE PROPOSED GUARANTEE DOCUMENT
TO BE USED FOR THIS PROJECT
Please find a copy of our measurement and verification (M&V) agreement immediately following this page.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
42 1 Page
CLIMATEC MEASUREMENT AND
VERIFICATION AGREEMENT
FOR
XXXXXXXXXXX
SCOPE OF SERVICES
TERMS AND CONDITIONS
ATTACHMENTS
Attachment "A" — Guaranteed Savings Measurement & Verification
I. Savings Guarantee
IL Measurement And Verification Methods
III. Selected Measurement And Verification Options
IV. Specific M&V Plan For Each ECM:
a. Lighting System Upgrades
b. HVAC System Installation
c. HVAC Controls Upgrades
Attachment "B" — Utility Baseline Summary
Attachment "C" — Standards of Operation (Lighting & HVAC)
I. Standards of Operation for HVAC
IL Standards of Operation for Lighting
* CLIMATECG
MERGING BUILDINGS & TECHNOLOGY
<Customer Name>
M&V Agreement
Page I of 5
CLIMATEC M&V AGREEMENT
This Measurement and Verification ("M&VAgreement ("Agreement") entered into as of XXXXXXXX, 2016 ("Effective
Date") is made by and between:
XXXXXXXXXXXXX ("Purchaser's
with its principal place of business at
XXXXXXXXXX
and
Climatec LLC
with its principal place of business at
2150 Towne Centre Place, Suite 200
Anaheim, CA 92805
This agreement shall include the Attachment(s) listed below.
Attachment "A" - Guaranteed Savings Measurement & Verification
Attachment `B" — Utility Baseline Summary
Attachment "C" — Standards of Operation (Lighting & HVAC)
SCOPE OF SERVICES
Energy Savings Measurement & Verification Service:
Climatec LLC will provide measurement and verification services of the energy savings associated with Purchaser's Energy
Retrofit Installation, as described in Attachment A - Scope of Work, located in the associated Installation Agreement. Energy
Savings M&V reports will be provided to the Purchaser on an annual basis.
Term:
This Service Agreement shall commence upon the completion and acceptance of the Purchaser's energy retrofit installation
project and receipt of final payment for the associated Installation Contract and shall continue for a term of XX years. The
Purchaser may terminate this service agreement at any time with a 60 day written notice. However, termination of this
agreement will void any savings guarantee associated with this project.
Charges:
This Agreement shall be billed once per year and is due and payable within forty-five (45) days of the Purchaser's receipt of
invoice, which shall be sent quarterly beginning 30 days following receipt of final payment for the associated Installation
Agreement work. The annual Service Agreement charge is $xx,xxx for the first three years and escalated at x% annually for
every subsequent year thereafter. This rate does not include taxes.
TERMS AND CONDITIONS
1. General Provisions:
1.1 Unless stated otherwise, the services provided under this Agreement shall be provided during Climatec LLC's
normal business hours. Normal business hours are Monday through Friday, 8:00 A.M. to 5:00 P.M. inclusive, excluding
holidays.
<Customer Name>
* CLIMATECc M&V Agreement
MERGING BULDINGS & TECHNOLOGY Page 2 of 5
1.2 The Purchaser shall provide reasonable means of access to the equipment being measured or verified. Climatec
LLC shall not be responsible for any removal, replacement, or refinishing of the building structure, if required to gain
access to the equipment. Climatec LLC shall be permitted to start and stop all equipment necessary to perform the
services herein described as arranged with the Purchaser's representative.
1.3 This Agreement, when accepted in writing by authorized representatives of Purchaser and Climatec LLC, shall
constitute the entire Agreement between the two (2) parties.
2. Charges:
2.1 For services not covered by this Agreement, but performed by Climatec LLC upon the Purchaser's authorization,
the Purchaser agrees to pay Climatec LLC within forty-five (45) days of presentation of properly itemized invoice(s) at
Climatec LLC's current rates.
2.2 If emergency service is requested by the Purchaser and inspection does not reveal any defect for which Climatec
LLC is liable under this Agreement, the Purchaser will be charged at Climatec LLC's current emergency charge rates.
3. Limitations of Liability:
3.1 Climatec LLC shall not be liable for any loss, delay, injury, or damage that maybe caused by circumstances beyond
its control including, but not restricted to; acts of God, war, civil commotion, acts of government, fire, theft, corrosion,
floods, lightning strikes, freezes, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions,
delays in transportation, shortage of vehicles, fuel, labor or materials, or malicious mischief. IN NO EVENT SHALL
EITHER PARTY BE LIABLE FOR BUSINESS INTERRUPTION, LOSSES, OR CONSEQUENTIAL,
INDIRECT, SPECIAL OR SPECULATIVE DAMAGES
3.2 Climatec LLC shall not be required to make safety tests, install new devices, or make modifications to any equipment
to comply with recommendations or directives of insurance companies, governmental bodies, or for other reasons.
3.3 Climatec LLC shall not be required to make replacements or repairs necessitated by reason of negligence, abuse,
misuse, or by reason of any other cause, unless such repairs are necessitated due to the actions or inaction of Climatec
LLC, or its employees, representatives, agents, consultants, or subcontractors.
3.4 This agreement pre -supposes that all equipment is in satisfactory working order. Climatec LLC will inspect the
equipment within sixty (60) days after the agreement takes effect and will advise the Purchaser of any equipment found
to be in need of repair. If the Purchaser does not authorize Climatec LLC to make the repairs or if the Purchaser does
not have the work performed, the equipment will be eliminated from coverage and the Agreement savings will be
adjusted. Maintenance of existing equipment and systems is the responsibility of the Purchaser. Failure to properly
maintain equipment and systems can result in reduced energy efficiency and may necessitate a baseline energy adjustment
and annual Service Agreement charge will be proportionately reduced. There may be some equipment which, for reasons
beyond Climatec LLC's control, cannot be inspected before this Agreement takes effect. Climatec LLC will inspect
such equipment on the first visit where the equipment is available.
3.5 The amount of any present or future sales, use, occupancy excise, or other tax (federal, state, or local) which
Climatec LLC hereafter shall be obligated to pay, either on its own behalf or on the behalf of the Purchaser or otherwise,
with respect to the services covered by this Agreement, shall be paid by the Purchaser.
3.6 If the equipment or software included under this Agreement is altered, modified, or changed by a party other than
Climatec LLC, this Agreement shall be modified to incorporate such changes and the Agreement price and/or Savings
shall be adjusted accordingly, and the Annual Service Agreement charge shall be adjusted accordingly.
3.7 Following twelve (12) months of service or any time thereafter, if individual item(s) cannot, in Climatec LLC's
opinion, be properly repaired on -site because of excessive wear or deterioration, Climatec LLC may withdraw the item(s)
from coverage upon ninety (90) days prior written notice. Energy savings may be adjusted accordingly.
3.8 This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
<Customer Name>
* CLIMATECc M&V Agreement
MERGING BULDINGS & TECHNOLOGY Page 3 of 5
4. Miscellaneous Provisions:
4.1 Safety and Security:
The services provided hereunder may occur on active Purchaser sites. As such, Climatec LLC shall ensure that its
services on and around the Purchaser site comply with all applicable laws, regulations and standards including but
not limited to, the fingerprinting requirements of the Education Code and any other legal requirements which may
be applicable to Climatec LLC's activities on or about the Purchaser sites. While the Purchaser shall reasonably
assist Climatec LLC in determining the applicable requirements, it shall be Climatec LLC's sole responsibility for
determining and complying with all applicable laws, regulations, and standards.
4.2 Dispute Resolution:
a. In the event of any dispute whatsoever between the Parties, Parties shall exhaust every reasonable effort
to settle or dispose of the same, including a discussion of the matter between senior executives of each Party.
b. Claims between City and Contractor shall first be resolved using the procedures set forth at California
Public Contract Code section 9204. "Claims" are defined, pursuant to California Public Contract Code section
9204, as a separate demand by Contractor for one of the following: a time extension for relief from penalties for
delay; payment of money or damages arising from work done; or payment of an amount disputed by City.
C. Upon receiving a claim sent by registered or certified mail, City must review and provide a written response
within forty-five (45) days that identifies the disputed and undisputed portions of the claim. The forty-five (45) day
period to respond may be extended by mutual agreement between the Parties. The claim is deemed rejected in its
entirety if City does not issue a response. Any payment due on an undisputed portion of the claim must be
processed within sixty (60) days after City's response. If a claimant disputes City's response or lack thereof, the
claimant may demand to meet and confer for settlement of the issues in dispute. Any portion of a claim that
remains in dispute after a meet and confer conference will be subject to nonbinding mediation process, as described
in California Public Contract Code section 9204. Undisputed and unpaid claims accrue interest at seven percent
(79/6) per annum. A subcontractor or lower tier subcontractor may make a claim to the City through Contractor,
as specified in California Public Contract Code section 9204. However, the procedures in this section shall not
supersede the requirements of the Agreement with respect to Contractor's notification to City of such claim or
extend the time for the giving of such notice as provided in the Agreement.
d. Any controversy or claim arising out of or relative to the Agreement, or the breach thereof, not adjusted or
disposed of by mutual agreement between the Parties as described above, shall be first settled by mediation and
then (in the absence of settlement after mediation), by arbitration under the American Arbitration Association
Construction Arbitration Rules then in effect, and judgment upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof, and arbitration decision shall be final and binding on the Parties
and on all Parties subject to the following. Said arbitration proceedings shall be filed in the Regional office of the
American Arbitration Association nearest to City. All arbitrators shall be bound by the terms of the Agreement.
The expenses of any arbitration shall be borne equally by the Parties to the arbitration, provided that each Party
shall pay for and bear the cost of its own experts, evidence, and counsel.
e. Pending a final resolution of a Dispute, the Parties shall each proceed diligently and faithfully with performance
of their respective obligations under this Agreement.
4.3 Indemnification:
To the extent it may lawfully do so, the Parties hereby indemnify, defend (with counsel of its choosing), and holds
harmless the other party and its affiliates, directors, representatives, agents, officers, employees and volunteers from and
against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for
damages of whatsoever character, nature and kind, whether directly or indirectly arising from any third party actions
from injury to or death of persons, and damage to or loss of property to the extent caused by or arising out of or
connected with an act or omission of the indemnifying party, or an agent, invitee, guest, employee, or anyone in, on or
about the Purchaser sites, including, but not limited to, liability, expense, and claims for: bodily injury, death, personal
injury, or property damage caused by negligence, creation or maintenance of a dangerous condition of property, breach
of express or implied warranty of product, defectiveness of product, or intentional infliction of harm, including any
<Customer Name>
* CLIMATECc M&V Agreement
MERGING BULDINGS&TECHNOLOGY Page 4 of 5
workers' compensation suits, liability, or expense, arising from or connected with services performed by, or on behalf
of the, indemnifying party, by any person pursuant to this Agreement; nonpayment for labor, materials, appliances,
teams, or power, performed on, or furnished or contributed to the Purchaser sites. Notwithstanding the above, neither
party shall be required to defend, indemnify and hold harmless the other for its own negligent acts and omissions or
willful misconduct. It is the intent of the Parties that where negligence is determined to have been joint or contributory,
principles of comparative negligence will be followed, and each Party shall bear the proportionate cost of any loss
damage, expense or liability attributable to that Party's negligence.
5. Occupational Safety and Health: The Parties hereto agree to notify each other immediately upon becoming aware of
any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project
site.
6. Entire Agreement: This Agreement, upon acceptance, shall constitute the entire agreement between the parties and
supersedes any prior representations or understandings.
7. Changes: No change or modification of any of the terms and conditions stated herein shall be binding upon either
Party unless accepted by both Parties in writing.
8. Severabil ty: If one or more of the provisions of this Agreement are held to be unenforceable under laws, such
provision(s) shall be excluded from these terms and conditions and the remaining terms and conditions shall be
interpreted as if such provision were so excluded and shall be enforced in accordance to their terms and conditions.
9. Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original
and all of which together shall constitute one and the same instrument. A signature on a copy of this agreement received
by either party by facsimile or portable document format (PDF) is binding upon the other party as an original. The
parties shall treat a photocopy of such facsimile as a duplicate original.
10. Assignment: Climatec LLC retains the right to assign its rights and obligations of this Agreement only with advance
written consent of Purchaser.
11. Acknowledgment: Both Climatec LLC and the Purchaser acknowledge having read this Agreement, and all
Attachments hereto, and have executed this agreement on the date written above.
12. Approval: Each party represents that the person that has executed this Agreement on its' behalf is authorized to do so.
<Customer Name> Climatec LLC
Signature
Print Name
Title
Date
* CLIMATECG
MERGING BUILDINGS & TECHNOLOGY
Signature
Print Name
President — Energy Services
Title
Date
<Customer Name>
M&V Agreement
Page 5 of 5
Attachment "A"
Guaranteed Savings Measurement & Verification
*CLIMATEC
®
MERGING BUILDINGS & TECHNOLOGY
<Customer Name>
M&V Agreement — Att B
Page 1 of 3
Attachment A
Guaranteed Savings Measurement & Verification
This document contains the energy savings Measurement and Verification (M&V) plan for the Energy Conservation
Measures (ECMs) contained in the Installation Agreement. The following table summarizes the ECMs proposed. —
See below Table 1.0
TABLE 1.0
INSERT TABLE HERE
A specific Measurement and Verification Plan is submitted for each Energy Conservation Measure (ECM) to provide a
comprehensive overall Plan for XXXXXX . INSERT SCOPE HERE. Each measure's M&V Plan provides:
➢ A description of how the savings shall be verified for each ECM.
➢ Selection of specific protocol for verification of savings of each ECM.
➢ Requirements for measurement or other means to establish the ECM savings.
Climatec LLC is responsible for the pre -retrofit measurement, energy savings calculations, equipment installation, and
required post retrofit verification as outlined herein. Purchaser agrees to operate and maintain all equipment installed.
Proper operation and maintenance of equipment and systems is critical to long-term achievement of energy
savings.
SAVINGS GUARANTEE
Climatec LLC warrants that Purchaser shall realize total energy savings, total operational savings and utility rebates
("Guaranteed Project Savings") in excess of the total project cost, less projected Prop 39 contributions
($$$$ for the first X years), during the course of the useful life of the equipment. The effective date will begin on the
date of final acceptance of the Installation project and receipt of final payment for the associated Installation Contract
and continue for a term not to exceed XX years (Guarantee Period). Climatec LLC agrees to complete the M&V Report
on an annual basis and deliver to the Purchaser within sixty (60) days of the anniversary date of final acceptance and
annually thereafter. Project savings that are verified during the course of construction will be applied to the 1st year
guaranteed project savings.
If the annual M&V Report demonstrates that the project will achieve one hundred percent (100%) or more of the
Guaranteed Project Annual Savings, then Climatec LLC shall have satisfied its energy performance guarantee obligation
and the Purchaser shall accept the Annual M&V Report.
In the event that an annual M&V Report savings value (including any excess, unapplied savings from previous years)
does not meet the Guaranteed Project Savings in accordance with the M&V Plan, then Climatec LLC shall repair,
replace, or substitute the ECM that is not performing at the required level, as identified in the M&V Report, and at
Climatec LLC's expense. Following corrective action, Climatec LLC shall re -perform the relevant M&V work for the
affected ECM(s) and amend or supplement the M&V Report. If the sum of the ECMs indicates that the Guaranteed
Project Savings are met or exceeded, then no further remedy shall be required.
If, after the opportunity to make corrections, the M&V Report, as amended, indicates that verified savings are less than
the Guaranteed Project Savings as shown in the Savings Summary, then Climatec LLC shall pay the Purchaser the
shortfall amount.
The Purchaser agrees that project savings, which exceed the guaranteed amount in any one (1) year, may be applied to
future year's savings to offset an energy savings shortfall. The savings guarantee will remain in effect for the term of this
agreement. Cancellation of this agreement will result in the termination of the savings guarantee.
The Utility Baseline Summary, as shown in Attachment B, may be modified over the course of the Guarantee Period to
adjust for changes in utility rates, number of days in utility billing cycle, square footage, energy using equipment, building
occupancy and weather. This Guarantee is subject to the Purchaser's adherence to the Standards of Operation for
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 2 of 3
Lighting and HVAC systems, as documented in Attachment "C" of this agreement.
MEASUREMENT AND VERIFICATION METHODS
Measurement and Verification (M&V) of energy savings is a methodology based on standard industry protocol intended
to provide reasonable assurance that energy savings calculated are realized over the term of the contract.
The development of the M&V plan is based on the IPMVP-2012 (International Performance Measurement and
Verification Protocol) and the application of sound engineering and business guidelines to the overall need for
verification of energy savings for each ECM. This plan contains methodology that shall cost effectively provide
assurance of equipment savings through short term or spot measurements, engineering calculations and/or direct utility
billing comparisons. The necessary components to a well -established M&V Plan are:
➢ Specific identification of each ECM and proposed M & V. Reporting requirements for overall savings.
➢ Participation of all parties and any necessary coordination with independent review.
Methods of M&V vary in accordance with the type of project, level of assurance of savings, cost, and availability of data,
financing constraints, and energy costs. The methods selected must be cost effective given the financial savings to the
Purchaser. The methods used for the ECMs detailed herein were selected to minimize M&V cost while still providing
a reasonable assurance of the savings calculations.
The IPMVP-2012 guideline provides the following options related to methodology for M&V:
Option A — Partially Measured Retrofit Isolation. Option A uses a combination of stipulated and/or measured factors
to calculate baseline usage and savings associated with the ECM. Spot or short-term measurement would be used for
the measured values. Stipulated values are supported by Purchaser input, historical data, or manufacturer data.
➢ Baseline and savings calculations are provided through engineering calculations, component or system models.
➢ Depending on number of points measured, Option A provides the least cost alternative to M&V.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 3 of 3
SELECTED MEASUREMENT AND VERIFICATION OPTIONS
For the ECM's covered under this M&V plan, the Table of Selected M&V Options, located on the following page
summarizes the proposed IPMVP Options selected: See table 1.1 below
TABLE 1.1
INSERT TABLE HERE
The particular option selected for each ECM was based on a number of related issues including. ECM cost, ECM
savings, cost of Measurement and Verification and the ability to accurately determine whole building operations.
XXXXXX, are stipulated and agreed by the Purchaser and are met upon the completed installation of these retrofit
projects.
The baseline and the post -installation energy use depend on various system and external factors, such as energy demand,
operating hours, weather conditions, motor loading, energy rates, and occupancy. Development of the baseline, post
ECM consumption, cost avoidances and simple payback for each ECM covered by this M&V plan includes:
➢ Stipulated Values —These values are important in the overall calculations for energy consumption, financial
calculations, and operating conditions. Climatec LLC and Purchaser have agreed to these values for purposes
of establishing savings.
➢ Developed/Measured Values — These are the values determined by spot or short-term measurement. Values
are determined based on a sound engineering approach to variable determination. Both values used for
baseline consumption and values to be measured/determined as parts of the post ECM implementation are
detailed.
➢ Assumptions — Some values that are assumed in order to calculate energy use are necessary in certain
circumstances.
➢ Calculations — The necessary calculations for baseline energy and demand usage, the calculation of the energy
and demand components with implementation of the ECM, the calculation of costs, and annual savings are
the primary tool for assessing the estimated and actual savings of any ECM.
➢ Instrumentation — The type and specifications, if applicable, for any instrumentation used for
developed/measured values is provided to ensure appropriate meters and measurement equipment is used
for specified applications.
➢ Pre Retrofit Measurements — Each ECM may have a section detailing the measurements required prior to the
retrofit. These measurements are used to establish the baseline or adjustments required to establish an
accurate baseline.
➢ Post Retrofit Measurements — Each ECM may have a section that details the measurements required if any
after the retrofit is completed. This section is utilized to detail the type of measurements required for
verification of the energy savings calculations.
➢ Adjustments — Each ECM may have a section for adjustments. This section includes possible adjustments
to the actual Energy Audit Report and energy information, appropriate adjustments to the M&V plan, and
adjustments to any savings guarantee. This section is utilized to anticipate changes necessary due to field
conditions and provide an appropriate response in the verification of actual energy and cost avoidances.
➢ Commissioning — Each ECM may have a section regarding the commissioning process. This provides the
detail for how the savings will be verified upon project completion, and the type of inspection that will be
completed, and the billing method for verified savings. This section is utilized to provide a standard approach
for each ECM upon project completion.
Climatec LLC will follow the agreed -upon M&V protocols for the measurement period and will prepare post -installation
reports with supporting documentation for the Purchaser. The cost of M&V is included in the project cash flow
requirements.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 4 of 3
SPECIFIC MEASUREMENT AND VERIFICATION PLAN
"OPTION A"
FOR LIGHTING SYSTEM UPGRADES
Introduction
This Measurement and Verification Plan (M&V) is specific to all lighting retrofits and occupancy sensor installations.
The sites receiving these upgrades are listed in the Table of Recommended Measures located at the beginning of this
Attachment.
M&V Protocol
For this ECM, IPMVP Protocol — Option A shall be utilized. This option provides for the measurement of at least one
variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, a representative sample of
each of the fixture types will be measured. The same sample will be used for both pre and post retrofit calculations.
Wattage shall be measured with an appropriate instrument that is properly calibrated.
Light Levels
A representative sample of the light levels shall be measured. Where rooms have similar or identical lighting design, it
is not required that each room be measured. Light levels shall be measured by an appropriate instrument that is properly
calibrated. Light level measurements apply to both pre and post retrofit areas and shall be recorded at the work surface.
Where rooms do not have a specific work surface (such as gymnasiums) light levels shall be measured at the floor.
Documentation
All areas measured shall be documented. The data shall indicate areas that do not meet IESNA standard light level
requirements. All instrumentation used shall be clearly documented.
Stipulated Values
Operating Hours are stipulated for purposes of M&V. Please see Attachment "C", Lighting Standards of Operation
for a complete list of lighting hours of operation. Stipulated values are agreed to by the Purchaser.
Savings Calculations
The calculations for the baseline energy consumption and post retrofit savings provide the basis for the overall financial
viability of this ECM.
kWh and/or kW Savings
The electrical consumption reduction of a particular lighting ECM is determined by comparing the pre and post
conditions applied to the hours agreed upon in the Standards of Operation.
{ [(Existing watts/fixture) x (existing quantity) x (existing hours of operation)] —
[(proposed watts/fixture) x (proposed quantity) x (proposed hours of operation) } / 1000 = kWh savings
Dollar Savings
After calculating the kWh saved, the specific facility's average cost per kilowatt hour shall be used to determine
dollar savings.
(kWh saved) x (average kWh rate) = $ kWh saved
($ kWh saved) = the total dollars saved
Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new lighting system installations,
extended warranties, and/or service agreements provided by Climatec LLC. The operational savings are based on
CEC Prop 39 guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 5 of 3
Adjustments
For this ECM the following adjustments are allowed for purposes of Measurement and Verification:
➢ Light level requirements may be modified as detailed in this plan.
➢ Changes in actual construction including number and/or type of fixtures. All changes shall be clearly
documented and provided to the Purchaser's representative.
➢ Utility rates, billing days or degree days.
Commissioning
Commissioning shall consist of inspections and a final savings verification report. Inspections shall consist of -
During the construction phase of the project, Climatec LLC shall keep a detailed record of the quantity and
types of fixtures retrofitted and fixtures installed in each building. A post construction inspection is required
by the responsible M&V party.
➢ After lighting modifications have been made, the installations shall be inspected to verify the retrofit counts
by fixture code.
➢ Post retrofit lighting levels shall be measured to verify compliance with the contract standards.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 6 of 3
SPECIFIC MEASUREMENT AND VERIFICATION PLAN
"OPTION A"
FOR HVAC SYSTEMS INSTALLATION
Introduction
This Measurement and Verification Plan (M&V) is specific to the installation of new high efficiency HVAC units at the
sites listed in the Table of Recommended Measures located at the beginning of this Attachment.
M&V Protocol
For this ECM, IPMVP Protocol — Option A shall be utilized. This option shall provide for the measurement of at least
one variable pre and post retrofit with other variables allowed for stipulation. For this retrofit, field data shall be
collected which includes, unit counts, unit tonnage, nameplate horsepower and efficiency rating for each existing HVAC
system.
Stipulated Values
Hours of Operation, heating/cooling loads and runtime hours of the existing HVAC systems are stipulated for purposes
of M & V. Please refer to Attachment C, HVAC Standards of Operation in this agreement for specific operating hours
and runtime hours for each HVAC unit or area. Stipulated values are agreed to by Purchaser.
Calculations
The calculations for the baseline energy consumption and post -retrofit savings provide the basis for the overall financial
viability of these ECM's. The following equations summarize the calculation of savings:
Electric (kWh) Savings
The electrical usage reduction of this ECM is determined by the following equation:
((Size of Existing HVAC Unit) x (Unit Efficiency) x (Stipulated Load Factor) - (Size of New Cooling Unit) x (Unit
Efficiency) x (Stipulated Load Factor)) x (Annual Operating Hours) = kWh Savings
Dollar Savings
After calculating the kWh saved, the specific facility's average cost per kilowatt hour shall be used to determine
dollar savings.
(kWh saved) x (average kWh rate) = $ kWh saved
($ kWh saved) = Total dollars saved
Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations,
extended warranties, and/or service agreements provided by Climatec LLC. The operational savings are based on
CEC Prop 39 guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
Pre Retrofit Measurements
None required for this ECM.
Post Retrofit Measurements
None required for this ECM.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 7 of 3
Adjustments
None required for this ECM.
Commissioning
Commissioning shall consist of inspections, and a final Commissioning report. The Inspections and Report shall consist
of:
➢ Commissioning of the newly installed HVAC equipment shall include verification that each new unit is
operating, as specified, in all modes (heat/cool).
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 8 of 3
SPECIFIC MEASUREMENT AND VERIFICATION PLAN
"OPTION A"
FOR HVAC CONTROLS UPGRADE
Introduction
This Measurement and Verification Plan (M&V) is specific to the energy management system upgrades at the sites listed
in the Table of Recommended Measures located at the beginning of this Attachment.
M&V Protocol
For this ECM, IPMVP Protocol — Option A shall be utilized. This option shall provide for the measurement of at least
one variable pre and post retrofit with other variables allowed for stipulation. The cooling and heating setpoints during
occupied and unoccupied modes of the HVAC equipment will be verified and documented. For this retrofit, field data
shall be collected which includes, unit counts, unit tonnage, nameplate horsepower, efficiency rating, operating
schedules, cooling and heating temperature setpoints for each HVAC system.
Stipulated Values
Hours of operation and heating/cooling load factors are stipulated for purposes ofM&V. Please refer to the Attachment
C, HVAC Standards of Operations for specific existing and proposed operating hours for each HVAC unit or area.
Stipulated values are agreed to by Purchaser.
Calculations
The calculations for the baseline energy consumption and post retrofit savings provide the basis for the overall financial
viability of these ECM's. Post -retrofit operating schedules and trend reports will be used to verify the inputs such as
operating hours, cooling/heating temperature setpoints that are used in the calculations to validate the savings. The
following equations summarize the calculation of savings:
Electric (kWh) Savings
The electrical usage reduction of this ECM is determined by applying the stipulated runtime reduction to the
calculated energy usage of the HVAC unit.
(Size of HVAC unit) x (Unit efficiency) x (Stipulated load factor) x (Existing annual operating hours — Proposed
annual operating hours) = kWh savings
Natural Gas (Therms) Savings
The natural gas usage reduction of this ECM is determined by applying the stipulated runtime reduction to the
calculated energy usage of the HVAC unit.
(Size of Heating unit) x (Unit efficiency) x (Stipulated load factor) x (Existing annual operating hours — Proposed
annual operating hours) = Therm savings
Dollar Savings
After calculating the kWh saved and the Therms saved, the specific facility's average cost per kilowatt hour and the
average cost per Therm of natural gas shall be used to determine dollar savings.
(kWh saved) x (average kWh rate) = $ kWh saved
(Therms saved) x (average Therm rate) = $ Therms saved
($ kWh saved) + ($ Therms saved) = Total dollars saved
Operational Savings
The Purchaser will realize maintenance and operational savings resulting from the new system installations,
extended warranties, and/or service agreements provided by Climatec LLC. The operational savings are based on
CEC Prop 39 guidelines and are stipulated and met upon the completed installation of the energy retrofit contract.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 9 of 3
Pre Retrofit Measurements
Existing operating hours and cooling/heating temperature setpoints for each HVAC unit or area will be obtained from
current thermostats/EMS.
Post Retrofit Measurements
Post -retrofit operating schedules, cooling and heating temperature setpoints in both occupied and unoccupied modes
for the HVAC equipment will be obtained using the new controls system.
Adjustments
For this ECM the following adjustments are allowed for purposes of Measurement and Verification:
➢ Addition or subtraction to the conditioned square footage of facilities.
➢ Utility rates, billing days or degree days.
➢ Equipment changes.
➢ Increase or decrease in facility usage as associated with daily occupancy times and special events.
Commissioning
Commissioning shall consist of inspections, and a final Commissioning report. The Inspections and Report shall consist
of:
➢ Commissioning of the newly installed energy management system (EMS) shall include verification that the
operating schedules, cooling and heating temperature set points and the control sequences for the HVAC
equipment have been programmed as specified.
<Customer Name>
*CLIMATECM&V Agreement — Att B
MERGING BUILDINGS & TECHNOLOGY Page 10 of 3
Attachment "B"
Utility Baseline Summary
*CLIMATEC
®
MERGING BUILDINGS & TECHNOLOGY
<Customer Name>
M&V Agreement — Att B
Page 11 of 3
W
U2
0
W°
HW
a�
Z
�Z
0
_ m
z
c� 7
W
rp
Attachment "C"
Standards of Operation for HVAC & Lighting
*CLIMATEC
®
MERGING BUILDINGS & TECHNOLOGY
<Customer Name>
M&V Agreement — Att C
Page 1 of 4
STANDARDS OF OPERATION
The hours of operation for the Purchaser's Lighting and HVAC systems, located on the following pages, were used to
calculate the energy savings in the Savings Summary section of this agreement and will be used in all measurement and
verification calculations.
*CLIMATEC
®
MERGING BUILDINGS & TECHNOLOGY
<Customer Name>
M&V Agreement — Att C
Page 2 of 4
U
V
IM
�1
x
Insert Table Here
*CLIMATEC
®
MERGING BUILDINGS & TECHNOLOGY
<Customer Name>
M&V Agreement — Att C
Page 4 of 4
TAB 1.1 1 : FUNDING PROPOSAL
1 .1 1 .1 DETAILED COST PROPOSAL TO ACCOMPLISH FIRST PHASE OF
AUDITING CITY FACILITIES AND PROVIDE "LIST OF POTENTIAL
PROJECTS" FOR REVIEW
Climatec will complete an investment grade assessment (IGA) Citywide facility and park sites as listed in Attachment
A of the subject RFP and any new facilities at no cost obligation to the City of Santa Clarita. This is based on a good
faith intent of the City to implement a program with Climatec after a scope of work and funding plan has been
agreed to by City stakeholders.
As part of our IGA, Climatec agrees to:
■ Complete a baseline analysis of the City's energy, gas, water and maintenance expenditures
■ Conduct an ASHRAE Level 11 IGA of all City owned facilities and utility -related infrastructure
■ Develop a prioritized, turn -key scope of work for modernizing all City owned facilities with the
incorporation of energy efficiency, water conservation, indoor air quality, and renewable energy measures
where feasible
■ Develop a comprehensive funding plan and strategy for obtaining alternative funding sources
■ Provide a streamlined approach for completing the steps of the IGA while minimizing impact on City staff
time and resources
■ Provide support to City staff to help engage stakeholders with memos, staff reports, presentations, and
other meetings
If Climatec develops a scope of work and funding plan that meets the needs of the City, Staff agrees to recommend
Climatec for Council approval as the program implementer. If awarded an agreement for implementing the
program, Climatec's profit fee will be 5% of the turn -key project amount and would be paid for by funding sources
utilized for the comprehensive program.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
43 1 Page
TAB 1.12: DEVIATIONS FROM RFP
Climatec has reviewed the terms and conditions of the template Professional Services Agreement and the template
CIP Contract and takes no exceptions at this time.
CITY OF SANTA CLARITA
*CLIMATEC Printed on 100% recycled paper Citywide Energy Efficiency Upgrades
44 1 Page
TAB 1.13: LETTER OF INTENT
Proposer: Climatec, LLC
Contact Person: Amber Fritsch
Address: 2150 S. Towne Centre PI 9200, Anaheim, CA 92806
Telephone#: (949) 237-0110
Fax#: (602) 674-1292
Re: Request of Proposals# ES-20-21-39 for Citywide Energy Efficiency Upgrades
City of Santa Clarita ("the City") is seeking the completion of an Investment Grade Assessment (IGA) with the intent
to design and implement citywide energy efficiency upgrades. To relieve pressures on the City's capital and general
fund budgets, the City seeks to address energy, gas and water infrastructure improvements that may be funded through
State, Federal and local funding programs; municipal financing; utility savings; utility incentives and / or other grants.
Climatec is hereby authorized to proceed with an investment -grade assessment (IGA) for all City -owned facilities to
identify infrastructure improvements that may be eligible for the subject alternative funding. Utilization of CIP funds
or other City capital will also be incorporated into the assessment, if applicable and desired by the City.
In support of developing the IGA, the City agrees to:
• Provide Climatec with utility expenditure information and signed utility release forms
Facilitate interviews and meetings with key staff members
Provide access to City owned facilities/parks
Schedule a study session to present the scope & funding plan to City Council
In response, Climatec agrees to:
• Complete a baseline analysis of the City's energy, gas, water and maintenance expenditures
• Conduct an ASHRAE Level II IGA of all City owned facilities and utility -related infrastructure
• Develop a prioritized, turn -key scope of work for modernizing all City owned facilities with the incorporation
of energy efficiency, water conservation, indoor air quality, and renewable energy measures where feasible
• Develop a comprehensive funding plan and strategy for obtaining alternative funding sources
• Provide the above services at no cost obligation to the City
If Climatec develops scope of work and funding plan that meets the needs of the City, Staff agrees to recommend
Climatec for Council approval as the program implementer. If awarded an agreement for implementing the program,
Climatec's profit fee will be 5% of the turn -key project amount. The method of procurement for the design/build
program will be the City's competitive selection process, via RFP issued June 14, 2021, and California Government
Code 4217.10 thru 4217.18 which requires savings produced by program to pay for the cost of improvements (mcl.
Climatec's fee). The enclosed proposal shall be valid for a period of not less than one hundred twenty (120) days from
the date of submittal.
In the event that the City does not proceed with Climatec as the project implementer, it is agreed that the IGA report
and findings will remain the property of Climatec. It is understood and agreed that the relationship of Climatec to the
City shall be that of an independent contractor. Nothing contained herein or inferable here from shall be deemed or
construed to (1) make Climatec the agent, servant, or employee of the City, or (2) create any partnership, joint venture,
or other association between the City and Climatec. Any direction or instruction by the City in respect of the work shall
relate to the results the City desires to obtain from the work and shall in no way affect Climatec LLC's independent
contractor status described herein.
City of Santa Clarita Climatec, LLC
DATE: DATE:
SIGNED:
PRINT NAME:
TITLE:
*CLIMATEC
SIGNED:
PRINT NAME:
TITLE:
Printed on 100% recycled paper
CITY OF SANTA CLARITA
Citywide Energy Efficiency Upgrades
45 I Page
ES-20-21-39 - Citywide Energy Efficiency Upgrades Addendum No: 1 (Published)
Thank you for your interest in doing business with the City of Santa Clarita. We encourage you to review all specifications
carefully and comply with all the necessary requirements as we welcome your bid response.
Addendum Description
Adding Zoom link and details for pre -bid meeting.
Notice Modifications
Notice Information
Pre -Bidding Events
Category Modifications
Added Categories
No Categories Added
Removed Categories
No Categories Removed
From Value
Prebid Conference
Recommended
7/6/21 9:30 AM PST/PDT
Webinar via Zoom
CITY will host a nonmandatory preproposal
webinar on, July 6, 2021 at 9:30 a.m. Pacific
time for ESCO's that plan to submit
proposals. The webinar will answer
attendees' questions about the RFP and the
proposal process. The webinar will be
recorded and available to interested potential
proposers. Zoom link and details for the
webinar will be provided to prospective
proposers via BidNet 72 hours prior to the
event.
Acknowledged by: Climatec, LLC Company Representative
To Value
Prebid Conference
Recommended
7/6/21 9:30 AM PST/PDT
Webinar via Zoom
CITY will host a nonmandatory pre
proposal webinar on, July 6, 2021 at 9:30
a.m. Pacific time for ESCO's that plan to
submit proposals. The webinar will
answer attendees' questions about the
RFP and the proposal process. The
webinar will be recorded and available to
interested potential proposers. Zoom link
and details below:
Join Zoom Meeting
https://santaclarita.zoom.us/j/9340834219
4?pwd=amisZUIYQzV3TWIIRjFndXF6azFT
QT09
Meeting ID: 934 0834 2194
Passcode: energy
One tap mobile
+16699009128„93408342194# US (San
Jose)
+12532158782„93408342194# US
(Tacoma)
Dial by your location
+1 669 900 9128 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Washington DC)
Meeting ID: 934 0834 2194
Find your local number:
https://santaclarita.zoom.us/u/abnMD7a3S
V
Date: 7/26/2021
06/21/2021 02:05 PM EDT Page 1 of 1
04 gANT� CC
Q
o`1O 0�
f� �6 DCC[µeE
Addendum No. 2
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
Addendum No. 2
July 14, 2021
This addendum must be acknowledged via BidNet and should be included with the bid response.
There was a non -mandatory, pre -proposal meeting on July 6, 2021 beginning at 9:30 a.m. The
meeting was held online via Zoom.
Attending Staff & City Representatives:
• Andrew Adams — Purchasing & Risk Administrator, Administrative Services
• Christine Saunders — Administrative Analyst, Administrative Services
• Darin Seegmiller — Environmental Services Manager, Neighborhood Services
• Deirdre Joan Cox — Attorney, Burke, Williams & Sorenson
Attending Vendors:
• Jacqueline DeRosa — Ameresco
• Dan Feld — Ameresco
• Brandie Williams — Ameresco
• Jonathan Brown — CEG Solutions
• Adam Burton — CEG Solutions
• Richard Ling — CEG Solutions
• Amber Fritsch — Climatec
• Darrell George — Climatec
• Linda Fuller — Willdan
• Carolyn Kiesner — Willdan
The following questions were asked and answered during the pre -proposal meeting:
Q1) What's driving the City's preference for option C (in reference to RFP Scope of Work
section 4 of the Minimum Requirements, item 4.9 "Savings methodology based on bill to bill
comparisons — International Performance Measurement and verification protocol (IPMVP)
Option C and include examples of measurement and verification (M&V) reports")?
Al) The City's prefers adhering with Option C of the IPMVP—because we anticipate project -
level savings that are large compared to the random or unexplained energy variations that occur
at the whole -facility level. This approach is likely the most cost-effective approach for verifying
savings. Another method of measurement and verification may be recommended, in addition
to the City's preferred method.
PROPOSAL # ES-20-21-39
SXNTA OL
O .�
U� fir?
a
o�yo �
� �a OCCEMeEk
Addendum No. 2
July 14, 2021
Q2) The subject of irrigation is mentioned often throughout the RFP documents. Is that a known
problem area and what is driving that concern?
A2) The irrigation controller systems at the City Park facilities have not been updated in some
time. Generally, the City is looking to explore opportunities for savings in irrigation and water
usage.
The following was reviewed:
• Bidding Guidelines
o For assistance and questions about using BidNet, proposers may reach out to the
BidNet technical customer support team directly at (800) 835-4603
• Project overview
• Project locations
o In addition to the locations identified in the RFP, the City may consider the retro-fit
of approximately 653 existing high-pressure sodium paseo lights. A map of the
paseos is included as an attachment to this addendum identifying the City's paseo
system.
• Phased approach
• Deliverables
• Financing
• Design & Construction
• Proposed timeline
The following questions were asked and answered via the Q&A tab in BidNet:
Q1) Page 7. Section 5.1.1.10. — What types of water meters is the City considering for
replacement?
Al) Irrigation controllers.
Q2) Page 12 Section 1.5.1 — Are the "benefits resulting from the Project" referring to the general
benefits resulting from implementing the types of measures listed on Page 7 Section 5.1.1.1 —
5.1.1.11? Specific quantified benefits such as kW savings, kWh savings, HCF savings, GHG
savings, $ savings are typically determined during the IGA development.
A2) Yes.
Q3) Page 14 Section 2.1.1 — Is this Cost the cost that the ESCO will charge the City for the IGA
development?
A3) Yes.
Q4) Page 14 Section 2.1.2 — What is the City expecting with regards to guaranteed savings
since there is no utility data provided and the IGA has not been completed?
PROPOSAL # ES-20-21-39
04 SANT,� CC
Q
U� DIY
�`ryDfo 1b aCCEMOEP ,C
Addendum No. 2
July 14, 2021
A4) The City expects guaranteed savings. The savings will be determined through the
development of the overall project and IGA. Utility data will be provided to the ESCO that is
chosen to prepare the IGA.
Q5) Page 14 Section 2.1.4 — Since no Project has been determined, what "Project overview and
approach" is being requested? According to the IGA the "Project" is determined after the
development of the IGA and after the City has determined which measures to move forward
with.
A5) The City expects the chosen ESCO to be capable of developing the overall project strategy.
The proposal should demonstrate the ESCO's ability to complete the IGA and develop the
overall project strategy.
Q6) Page 8 after Section 5.7. 6- has the City received any energy or water studies in the last
five years? If so, please provide copies to the Proposers so that they can review any pertinent
data prior to submitting the response.
A6) Yes. The report entitled "Engle — CSC — IEA Report" is provided as an attachment,
available for download via BidNet.
Q7) If the construction contract is a separate CIP agreement, how is the City avoiding the
Government Code Section 1090 conflict of interest from the ESCO being allowed to "bid or
propose" on the subsequent construction contract?
a) https://www.meyersnave.com/california-supreme-court-decision-provides-
guidance-identifying-avoiding-section-1090-conflicts-public-contracting-
procurement/
b) What are Examples of Potential Section 1090 Liability in Public Works
Construction and Procurement? i.Construction Contractors. A construction
contractor or consultant who performs preconstruction services, assisting a
public entity with plans, specifications, and project planning, but then bids or
proposes on the subsequent (and separate) construction
A7) The City is not subject to a 1090 conflict of interest with this solicitation because we are
disclosing at the outset the City's intention to contract with one consultant for both the design
and potential subsequent construction (if determined to be in the City's best interest). Since the
entire potential scope is being procured at the outset, no proposer is subject to section 1090
review.
Attachments (available for download from BidNet):
• Pre -Proposal Meeting Presentation slides
• Paseo Map - In addition to the locations identified in the RFP, the City may consider the
retro-fit of approximately 653 existing high-pressure sodium paseo lights.
• Pre -Proposal Meeting Zoom recording
• Engie — CSC — IEA Report
PROPOSAL # ES-20-21-39
04 gA13T� Ol
4
GM�,O �60CCEMeEP+`
END OF ADDENDUM
Addendum No. 2
July 14, 2021
This addendum must be acknowledged via BidNet and should be included with the response.
"t 7/26/2021
Co actor's Representative Date
Climatec, LLC
Company Name
PROPOSAL # ES-20-21-39
OF ghNTa Ql
4
U y,
�Gh�O is u�ca+a•�«`O
Addendum No. 3
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
Addendum No. 3
. July 20, 2021
This addendum must be acknowledged via BidNet and should be included with the bid response.
The following questions were asked and answered via the Q&A tab in BidNet:
Q1. Does the hard copy of the proposal need to be delivered or postmarked by the proposal closing
time?
Al. The hard copy of the proposal must be received at/delivered to the address specified before 11:00
a.m. on July 29, 2021:
City of Santa Clarita
ATTN: Purchasing
23920 Valencia Blvd, Suite 120
Santa Clarita, CA 91355
Q2. 1.11 Funding Proposal - Please clarify whether the City is requesting Preliminary Assessment costs,
Investment Grade Audit costs, or both.
A2. The City is requesting the proposers provide the cost of completing the Investment Grade Audit and
development of the list of recommended projects.
Q3. 1.11 Funding Proposal - Many ESCOs classify Preliminary Assessments and Investment Grade Audits
as project costs and won't invoice for these services until after project award. Or, they will
account for the costs of these services in their project overhead costs. Please clarify whether a
cost proposal of $0 is acceptable in this scenario.
A3. A cost of $0 for the Preliminary Assessments and Investment Grade Audit is acceptable.
Q4. 1.11 Funding Proposal - Please clarify how costs proposals will be evaluated in light of different
Preliminary Assessment and Investment Grade Audit service offerings and differences in level of
rigor across ESCOs.
A4. Cost is not the sole evaluation criterion in the final selection.
Q5. Evaluation criteria 2.1.2 includes projected savings with guarantees. Please clarify if ECM savings
and guarantees are expected at this stage of the proposal process before site audits have been
conducted. Or, is this set of criterion in regards to our overall approach and experience in
calculating savings and meeting guarantees?
AS. Specific guaranteed savings are not required at this stage of the proposal. However, projected
savings with guarantees will be required following completion of the IGA and as part of the
overall project.
PROPOSAL # ES-20-21-39
.
Addendum No. 3
July 20, 2021
Q6. Will site walks be made available in order to submit a more detailed response?
A6. Site walks are not available at this stage of the proposal.
Q7. Based on the initial work that Engie did, what role will Engie have moving forward with this new
effort?
A7. Engie will not be involved in this project moving forward.
Q8. Please provide the Appendix for the City of Santa Clarita Integrated Energy Assessment provided in
Addendum 2.
A8. The City cannot provide the Appendix as described in the Engie report because it was not developed
or prepared.
Q9. Please provide the source information (utility data, site data, as-builts, etc.) used to compile the
I EA.
A9. This information will be provided to the chosen ESCO during the development of the IGA.
Q10. Recognizing that the pre -proposal meeting was not mandatory and the City provided a list of
attendees, please provide a list of all interested vendors, if available.
A10. All interested vendors who have downloaded the RFP can be viewed by visiting the "Document
Request List" located on the ES-20-21-39 project page on BidNet.
Q11. Some of the information included with our proposal will be confidential (e.g., audited financials).
How should we mark or submit such information/pages to make sure they are excluded from
public record?
All. The City makes no representation that it will be able to maintain the confidentiality of applicants'
financial information. If a proposer wishes to designate information as confidential, it shall be
stated in writing and cite the applicable exemption(s) as specified in the California Public
Records Act (CPRA). In the event that the City receives a public records request for that specific
RFP submission, the information shall be reviewed by the City Attorney's Office to determine
official exemption from disclosure.
END OF ADDENDUM
This td:denclum must be acknowledged via BidNet and should be included with the response.
7/26/2021
Can't actor's Representative Date
Climatec, LLC
Company Name
PROPOSAL # ES-20-21-39
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Sections 2200 et seq.)
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
Project Name: Energy Efficiency Upgrades
As required by California Public Contract Code section 2204, Proposer certifies that the option checked
below relating to Proposer's status in regard to the Iran Contracting Act of 2010 (Public Contract Code
sections 2200 et seq.) is true and correct:
M Proposer is not:
(i) identified on the current list of persons and entities engaging in investment activities in
Iran prepared by the California Department of General Services in accordance with
subdivision (b) of Public Contract Code section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000
or more to any other person or entity identified on the current list of persons and entities
engaging in investment activities in Iran prepared by the California Department of General
Services in accordance with subdivision (b) of Public Contract Code section 2203, if that
person or entity uses or will use the credit to provide goods or services in the energy sector
in Iran.
❑ Los Angeles County has exempted Proposer from the requirements of the Iran Contracting Act of
2010 after making a public finding that, absent the exemption, Los Angeles County will be unable
to obtain the goods and/or services to be provided pursuant to the Contract.
❑ The amount of the Contract payable to Proposer for the Project is less than $1,000,000.
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally
bind the Proposer to the above selected option. This certification is made under the laws of the State of
California.
Contractor
Climatec, LLC
Firm
7/26/2021
Date
Ined
Steve Siverson
Name/Title
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be
reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000
or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three
years.
END OF DOCUMENT
32
NOTICE TO PROPOSERS REGARDING CONTRACTUAL REQUIREMENTS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
1. SUMMARY OF CONTRACT REQUIREMENTS
a. A contract is required for any service performed on behalf of the City. Contract
language will be negotiated upon acceptance of proposal and prior to commencement
of work. Work cannot begin until the contract has been fully executed by both parties.
2. SUMMARY OF INSURANCE REQUIREMENTS
a. These are the Insurance Requirements for Contractors providing services or supplies to
the City. By agreeing to perform the work or submitting a proposal, you verify that you
comply with and agree to be bound by these requirements. When Contract documents
are executed, the actual Contract language and Insurance Requirements may include
additional provisions as deemed appropriate by City's Risk Manager.
You should check with your Insurance advisors to verify compliance and determine if
additional coverage or limits may be needed to adequately insure your obligations
under this agreement. These are the minimum required and do not in any way
represent or imply that such coverage is sufficient to adequately cover the Contractor's
liability under this agreement. The full coverage and limits afforded under Contractor's
policies of Insurance shall be available to Buyer and these Insurance Requirements shall
not in any way act to reduce coverage that is broader or includes higher limits than
those required. The Insurance obligations under this agreement shall be: 1—all the
Insurance coverage and limits carried by or available to the Contractor; or 2—the
minimum Insurance requirements shown in this agreement, whichever is greater. Any
insurance proceeds in excess of the specified minimum limits and coverage required,
which are applicable to a given loss, shall be available to City.
c. Contractor shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements and a copy of the Declarations and Endorsement
Page of the CGL policy listing all policy endorsements to City before work begins. City
reserves the right to require full -certified copies of all Insurance policies in their entirety
evidencing required coverage and endorsements.
3. INSURANCE
a. General Insurance Requirements
All insurance shall be primary insurance and shall name City of Santa Clarita as
an additional insured. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under the policy if
not named as an additional insured, and an additional insured shall not be held
24
liable for any premium or expense of any nature on the policy or any extension
thereof solely because they are an additional insured thereon.
ii. If the operation under this Agreement results in an increased or decreased risk
in the opinion of the City's Risk Manager, then Consultant agrees that the
minimum limits hereinabove designated shall be changed accordingly upon
written request by the Risk Manager.
iii. Consultant agrees that provisions of this Section as to maintenance of insurance
shall not be construed as limiting in any way the extent to which Consultant may
be held responsible for the payment of damages to persons or property
resulting from Consultant's activities, the activities of its subconsultants, or the
activities of any person or persons for which Consultant is otherwise
responsible.
iv. A Certificate of Insurance, and an additional insured endorsement (for general
and automobile liability), evidencing the above insurance coverage with a
company acceptable to the City's Risk Manager shall be submitted to City prior
to execution of this Agreement on behalf of the City.
v. The terms of the insurance policy or policies issued to provide the above
insurance coverage shall provide that said insurance may not be amended or
canceled by the carrier, for nonpayment of premiums otherwise, without 30
days prior written notice of amendment or cancellation to City. In the event the
said insurance is canceled, Consultant shall, prior to the cancellation date,
submit new evidence of insurance in the amounts heretofore established.
vi. All required insurance must be in effect prior to awarding this Agreement, and it
or a successor policy must be in effect for the duration of this Agreement.
Maintenance of proper insurance coverage is a material requirement of this
Agreement, and the failure to maintain and renew coverage or to provide
evidence of renewal may be treated by the City as a material breach of contract.
If Consultant, at any time during the term of this Agreement, should fail to
secure or maintain any insurance required under this Agreement, City shall be
permitted to obtain such insurance in Consultant's name at Consultant's sole
cost and expense, or may terminate this Agreement for material breach.
vii. Without limiting any other Consultant obligation regarding insurance, should
Consultant's insurance required by this Agreement be cancelled at any point
prior to expiration of the policy, Consultant must notify City within 24 hours of
receipt of notice of cancellation. Furthermore, Consultant must obtain
replacement coverage that meets all contractual requirements within 10 days of
the prior insurer's issuance of notice of cancellation. Consultant must ensure
that there is no lapse in coverage.
25
b. General Liability and Property Damage Insurance
Consultant agrees to procure and maintain general liability and property
damage insurance at its sole expense to protect against loss from liability
imposed by law for damages on account of bodily injury, including death
therefrom, and property damage, suffered or alleged to be suffered by any
person or persons whomsoever, resulting directly from any act or activities of
Consultant, its subconsultants, or any person acting for Consultant or under its
control or direction, and also to protect against loss from liability imposed by
law for damages to any property of any person caused directly or indirectly by
or from acts or activities of Consultant, or its subconsultants, or any person
acting for Consultant, or under its control or direction. Such public liability and
property damage insurance shall also provide for and protect City against
incurring any legal cost in defending claims for alleged loss. Such general
liability and property damage insurance shall be maintained in the following
minimum limits: A combined single -limit policy with coverage limits in the
amount of $1,000,000 per occurrence will be considered equivalent to the
required minimum limits.
c. Automotive Insurance
i. Consultant shall procure and maintain public liability and property damage
insurance coverage for automotive equipment with coverage limits of not less
than $1,000,000 combined single limit. If Consultant does not use automobiles
in performing its work under this Agreement, Consultant shall provide a waiver
releasing City from all liability resulting from Consultant's use of personal
vehicles under this Agreement.
Worker's Compensation Insurance
i. Consultant shall procure and maintain Worker's Compensation Insurance in the
amount of $1,000,000 per occurrence or as will fully comply with the laws of the
State of California and which shall indemnify, insure, and provide legal defense
for both Consultant and City against any loss, claim, or damage arising from any
injuries or occupational diseases happening to any worker employed by
Consultant in the course of carrying out this Agreement.
ii. Waiver of Subrogation: The insurer(s) agree to waive all rights of subrogation
against City, its elected or appointed officers, officials, agents, volunteers and
employees for losses paid under the terms of the workers compensation policy
which arise from work performed by Consultant for City.
e. Updates to Insurance
Commencing after the fifth (5th) year of the Contract term, and no more than
once every five (5) years, City may provide to Consultant reasonable, updated
insurance requirements consistent with the City of Santa Clarita's then -current
insurance requirements and Consultant shall comply with any such updated
26
requirements, provided, however, that Consultant's failure to obtain any
additional or modified coverage consistent with such updated requirements will
not be an Event of Default under this Agreement and Consultant's satisfaction of
the original insurance requirements shall suffice unless the updated insurance
requirements are required by a Governmental Authority other than the City of
Santa Clarita and are specific to Energy Efficiency upgrades such as those
contemplated by this Agreement.
Questions and requests for modification of these terms must be negotiated and approved prior to
contract execution and are at the full discretion of the City.
I have read and understand the a ve requirements and agree to be bound by them for any work performed for the City.
Authorized Signature: Date: 7/26/2021
Printed Name: Sfeve Siverson
27
NON -COLLUSION AFFIDAVIT
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT
STATE OF 1
COUNTY OFtOSA+W7&ES )
Steve Siverson being first duly sworn deposes and says that he/she is
the President (sole owner, a partner, president, etc.) of
Climatec, LLC the party making the foregoing bid; that such
bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association,
organization or corporation, that such bid is genuine and not collusive or sham, that said BIDDER has not
directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, or that anyone shall
refrain from bidding, that said BIDDER has not in any manner, directly or indirectly sought by agreements,
communication or conference with anyone to fix the bid price of said BIDDER or of any other BIDDER, or to
fix the overhead, profit, or cost element of such bid price, or of that of any other BIDDER, or to secure any
advantage against the public body awarding the Contract or anyone interested in the proposed Contract;
that all statements contained in such bid are true, and further, that said BIDDER has not, directly or indirectly,
submitted its bid price, or any breakdown thereof, or the contents thereof, or divulged information or date
relative thereto, or paid and will not pay any fee in connection, therewith to any corporation, partnership,
company, association, organization, bid depository, or to any member or CITY thereof, or to any other
individual information or date relative thereto, or paid and will not pay any fee in connection, therewith to
any corporation, partnership, company association, organization, bid depository, or to any member or CITY
thereof, or to any her individual, except to such person or persons as have a partnership or other financial
interest with said BI DER in his general business.
Bidder:
ature
Title President
This document must be notarized prior to submittal.
v _J/(
S-202J
:0 � 0
L�0MM. N GOJ'
31
CERTIFICATIONS
PROPOSAL # ES-20-21-39
Citywide Energy Efficiency Upgrades
City of Santa Clarita, California
TO BE EXECUTED BY ALL PROPOSERS AND SUBMITTED WITH PROPOSAL
The undersigned Proposer certifies to City as set forth in sections 1 through 8, below.
1. STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final,
unappealable finding of contempt of court by a Federal Court has been issued against Proposer within
the past two years because of failure to comply with an order of a Federal Court or to comply with an
order of the National Labor Relations Board.
2. CERTIFICATION OF WORKER'S COMPENSATION INSURANCE
By my signature hereunder, I certify that I am aware of the Labor Code Section 3700, which requires
every employer to be insured against liability for worker's compensation or to undertake self-insurance
in accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this Contract.
3. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, I certify that I am aware of Labor Code Section 1773, which requires the
payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor
shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5
regarding the employment and training of apprentices. Contractor is responsible to ensure compliance
by any and all subcontractors performing work under this Contract.
4. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE
By my signature hereunder, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code,
and Contractor and Subcontractors are eligible to bid and work on public works projects.
5. CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, I certify that there will be no discrimination in employment with regard to
race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local
directives and executive orders regarding non-discrimination in employment will be complied with; and
that the principal of equal opportunity in employment will be demonstrated positively and aggressively.
6. CERTIFICATION OF NON -DISQUALIFICATION
By my signature hereunder, I swear, under penalty of perjury, that the below indicated Proposer, any
officer of Proposer, or any employee of Proposer who has a proprietary interest in such Proposer, has
never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal,
State, or local government project because of a violation of law or safety regulation, except as indicated
28
on the separate sheet attached hereto entitled "Previous Disqualifications." If a statement of "Previous
Disqualifications" is attached, please explain the circumstances.
7. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, pursuant to Labor Code Section 2810(a), I certify that, if awarded the
Contract based on the undersigned's Proposal, the Contract will include funds sufficient to allow the
Proposer to comply with all applicable local, state, and federal laws or regulations governing the labor or
services to be provided. I understand that City will be relying on this certification if it awards the
Contract to the undersigned.
CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR REGISTRATION
By my signature hereunder, I certify that any Contractor, and all Subcontractors utilized in carrying out
the Contract shall be the subject of current and active contractor registrations pursuant to Division 2,
Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.
PROPOSER: Climate LLC
Authorized Signature: Date: 7/26/2021
Printed Name: Steve Siverson
Title: President
29
CLIMATEC°
MERGING BUILDINGS & TECHNOLOGY
ANAHEIM
2150 S. TOWNE CENTRE PL. #200
ANAHEIM, CA 92806
PHONE (949) 474-0955
SAN DIEGO
13715 STOWE DRIVE
POWAY, CA 92064
PHONE (858) 391-7000
LOS ANGELES
16735 SATICOY ST #1 1 1
VAN N UYS, CA 91 406
PHONE (818) 855-8528
BAY AREA
4695 CHABOT DR. #258
PLEASANTON, CA 94588
PHONE (925) 558-2729
LAS VEGAS
770 PILOT ROAD, SUITE I
LAS VEGAS, NV 89119
PHONE (702) 988-8826
PHOENIX
2851 W. KATHLEEN RD.
PHOENIX, AZ 85053
PHONE (602) 944-3330
DALLAS
1632 W. WALNUT HILL LANE
IRVING, TX 75038
PHONE (972) 659-0401
AUSTI N
1 340 AIRPORT COMMERCE DR. #480
AU STI N , TX 78741
PHONE (512) 358-0703