Cudahy City Council
August 16, 2022

Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM 2
Existing (2) 20-Watt T12 Linear,
2 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM 5
Existing (1) 7-Watt Mr16 Light
Emitting Diode Lamp/Gu
Locking Base/No Ballast

INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM 1
Existing (1) 4-Watt Fixture, No
Light Emitting Diode Lamp/No
Base/Driver, No Ballast

INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 1
Existing (1) 65-Watt R30
Incandescent Lamp/Screw In,
Medium Base/No Ballast

EXTERIOR BEDWELL
HALL EXTERIOR BUILDING PERIMETER 7 Existing (1) 80 Watt Dedicated LED Fixture With Driver

EXTERIOR BEDWELL
HALL EXTERIOR BUILDING PERIMETER 5 Existing (1) 18 Watt Dedicated LED Fixture With Driver

EXTERIOR BEDWELL
HALL EXTERIOR PARKING LOT 1
Existing (2) 200-Watt Ed28
Metal Halide Lamp/Screw In,
Mogul Base/Magnetic, Pulse
Start Ballast

EXTERIOR BEDWELL
HALL EXTERIOR PARKING LOT 1 Existing (1) 120 Watt Dedicated LED Fixture With Driver

EXTERIOR BEDWELL
HALL EXTERIOR PARKING LOT 3 Existing (1) 120 Watt Dedicated LED Fixture With Driver

EXTERIOR BEDWELL
HALL EXTERIOR BUILDING PERIMETER 4
Existing (1) 26-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast

EXTERIOR BEDWELL
HALL EXTERIOR BUILDING PERIMETER 4
Existing (1) 26-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast

EXTERIOR BEDWELL
HALL EXTERIOR BUILDING PERIMETER 3
Existing (1) 26-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast

EXTERIOR BEDWELL
HALL EXTERIOR BUILDING PERIMETER 3
Existing (1) 26-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast

EXTERIOR CUDAHY
PARK EXTERIOR BUILDING PERIMETER 12 Existing (1) 25 Watt Dedicated LED Fixture With Driver

EXTERIOR CUDAHY
PARK EXTERIOR CANOPY 2 Existing (1) 25 Watt Dedicated LED Fixture With Driver

INTERIOR CUDAHY
PARK
FLOOR
01 CONCESSION 6
Existing (3) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR CUDAHY
PARK
FLOOR
01 CONCESSION 1
Existing (3) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

INTERIOR CUDAHY
PARK
FLOOR
01 RESTROOM 2 Existing (1) 50 Watt Dedicated LED Fixture With Driver

INTERIOR CUDAHY
PARK
FLOOR
01 RESTROOM 2 Existing (1) 50 Watt Dedicated LED Fixture With Driver

INTERIOR CUDAHY
PARK
FLOOR
01 ELECTRICAL/TELEPHONE ROOMS 1
Existing (1) 100-Watt Ed17
Metal Halide Lamp/Screw In,
Medium Base/Magnetic,
Standard Ballast

INTERIOR CUDAHY
PARK
FLOOR
01 OFFICE <=250 SQ. FT. 1
Existing (1) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR CUDAHY
PARK
FLOOR
01 OFFICE <=250 SQ. FT. 2
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

EXTERIOR CUDAHY
PARK EXTERIOR WALKWAY 2 Existing (1) 80 Watt Dedicated LED Fixture With Driver

EXTERIOR CUDAHY
PARK EXTERIOR WALKWAY 1
Existing (1) 100-Watt Bd17 High
Pressure Sodium Lamp/Screw
In, Medium Base/Magnetic,
Standard Ballast

EXTERIOR CUDAHY
PARK EXTERIOR WALKWAY 1
Existing (1) 100-Watt Bd17 High
Pressure Sodium Lamp/Screw
In, Medium Base/Magnetic,
Standard Ballast

EXTERIOR CUDAHY
PARK EXTERIOR SPORTSFIELD 2 Existing (2) 200 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR SPORTSFIELD 3 Existing (2) 180 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR SPORTSFIELD 1 Existing (4) 200 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR SPORTSFIELD 2 Existing (4) 200 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR SPORTSFIELD 1 Existing (4) 200 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR WALKWAY 1 Existing (2) 180 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR WALKWAY 3 Existing (2) 180 Watt Dedicated LED Fixtures With Driver

EXTERIOR CUDAHY
PARK EXTERIOR AREA LIGHTING 4
Existing (1) 100-Watt Bd17 High
Pressure Sodium Lamp/Screw
In, Medium Base/Magnetic,
Standard Ballast

EXTERIOR CUDAHY
PARK EXTERIOR PARKING LOT 2
Existing (2) 100-Watt Bd17 High
Pressure Sodium Lamp/Screw
In, Medium Base/Magnetic,
Standard Ballast

EXTERIOR CUDAHY
PARK EXTERIOR SPORTSFIELD 10
Existing (3) 400-Watt Ed37
Metal Halide Lamp/Screw In,
Mogul Base/Magnetic, Standard
Ballast
Occupancy and Equipment Schedules
The City Hall and Bedwell Hall operate from Monday - Friday 7:00 a.m. - 6:00 p.m. The Library operates from Monday - Friday 7:00 a.m. - 6:00 p.m. and Saturday 9:00 a.m. - 5:00 p.m. The janitorial services operate from 6pm-9pm for these facilities. Interior lighting controls are

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

accomplished with wall mounted on/off switches. The exterior lighting is controlled by a mechanical time clock therefore the hours of operation of exterior lighting is dusk to dawn. The HVAC equipment is controlled with local thermostats.

Community Center | Sports Complex | Clara Street Park | Clara Expansion Park Clara Street Park is a facility owned and operated by the City that serves as a Community Center, Recreation office and The Bill Greene Sports Complex. The main facility was constructed in 1967 and the Sports Complex was built in 1991 and is roughly 22,915 square feet. Clara Park is roughly 6.5 acres and includes basketball courts. These facilities combined share one common electric and gas meter and are the second highest energy consumer compared to all other facilities. The site is located at 4835 Clara St., Cudahy, CA 90201.

Clara Expansion Park is located across the street from the Clara Street Park. This park has its own electric meter which serves the playground, field lighting and a restroom.

HVAC
The Community Center is conditioned by (6) six roof-mounted gas/electric packaged units. The units provide about 33.5 tons of cooling capacity to the building. The GYM is served by (5) five fan blowers which do not provide air conditioning.

Location Equipment Type Label Manufacture Model Number Tons Community
Center Package Unit AC-3 Lennox 2SG13B36090T-1A 3
Community
Center Package Unit No Label Trane YCD 036 3
Community
Center Package Unit No Label Allied PGD460090H001E1 5
Community
Center Package Unit AC-2 Goodman PGB090210-3 7.5
Community
Center Package Unit AC-4 Lennox TGA090S2BM1Y 7.5
Community
Center Package Unit No Label Trane YCD 090 A3LA 7.5
Community
Center Fan Blower F-1 Reznor HCRGB 75 N/A
Community
Center Fan Blower F-2 Reznor HCRGB 225 N/A
Community
Center Fan Blower F-3 Reznor HCRGB 225 N/A
Community
Center Fan Blower F-4 Reznor HCRGB 225 N/A
Community
Center Fan Blower F-5 Reznor HCRGB 225 N/A
Lighting
Interior lighting in most of the office space is accomplished primarily with fixtures containing fluorescent T8 lamps and electronic ballasts. Exterior lighting is accomplished by a variety of fixtures utilizing metal halide (MH), high pressure sodium (HPS), incandescent, or LED lamps.

Below is a list of the room-by-room lighting audit:

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Interior/Exterior Facility
Name
Location in
Facility Room Type Quantity Lighting Description(Existing System)

EXTERIOR
CLARA
STREET
PARK
EXTERIOR PARKING LOT 4
Existing (1) 250-Watt Ed18
High Pressure Sodium
Lamp/Screw In, Mogul
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA
STREET
PARK
EXTERIOR PARKING LOT 2
Existing (2) 250-Watt Ed18
High Pressure Sodium
Lamp/Screw In, Mogul
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA
STREET
PARK
EXTERIOR WALKWAY 5
Existing (1) 100-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA

EXPANSION
PARK
EXTERIOR WALKWAY 21
Existing (1) 100-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA
STREET
PARK
EXTERIOR BUILDING PERIMETER 10
Existing (1) 100 Watt
Dedicated LED Fixture With
Driver

EXTERIOR
CLARA

EXPANSION
PARK
EXTERIOR SPORTSFIELD 4
Existing (2) 400-Watt Ed37
Metal Halide Lamp/Screw
In, Mogul Base/Magnetic,
Standard Ballast

EXTERIOR
CLARA
STREET
PARK
EXTERIOR BUILDING PERIMETER 3
Existing (1) 100 Watt
Dedicated LED Fixture With
Driver

EXTERIOR
CLARA
STREET
PARK
EXTERIOR CANOPY 1
Existing (1) 150-Watt Ed17
Metal Halide Lamp/Screw
In, Medium Base/Magnetic,
Standard Ballast

EXTERIOR
CLARA

EXPANSION
PARK
EXTERIOR CANOPY 3
Existing (1) 50-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA

EXPANSION
PARK
EXTERIOR BUILDING PERIMETER 1
Existing (1) 50-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA

EXPANSION
PARK
EXTERIOR BUILDING PERIMETER 3
Existing (1) 100 Watt
Dedicated LED Fixture With
Driver

EXTERIOR
CLARA

EXPANSION
PARK
EXTERIOR CANOPY 1
Existing (1) 100-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

EXTERIOR
CLARA
STREET
PARK
EXTERIOR SPORTSFIELD 4
Existing (4) 1000-Watt Bt56
Metal Halide Lamp/Screw
In, Mogul Base/Magnetic,
Standard Ballast

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

EXTERIOR
CLARA
STREET
PARK
EXTERIOR BUILDING PERIMETER 4
Existing (1) 15 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 MULTI-PURPOSE ROOM 9
Existing (2) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 ELECTRICAL/TELEPHONE
ROOMS 1
Existing (4) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 1
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 1
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 4
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 KITCHEN - FOOD PREP
AREAS 8
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 KITCHEN - FOOD PREP
AREAS 1
Existing (1) 57-Watt
Arbitrary, Standard
Incandescent Lamp/Screw
In, Medium Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 KITCHEN - FOOD PREP
AREAS 1
Existing (1) 42-Watt Spiral
Compact Fluorescent
Lamp/Screw In, Medium
Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 1
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 MULTI-PURPOSE ROOM 28
Existing (4) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 MULTI-PURPOSE ROOM 4
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STAGE RAMP 2
Existing (1) 17-Watt Par38
Light Emitting Diode
Lamp/Screw In, Medium
Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STAGE RAMP 1
Existing (1) 23-Watt Spiral
Compact Fluorescent
Lamp/Gu Locking Base/No
Ballast

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STAGE RAMP 1
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 DRESSING ROOM 1
Existing (32) 40-Watt Globe
Incandescent Lamp/Screw
In, Medium Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 DRESSING ROOM 1
Existing (32) 40-Watt Globe
Incandescent Lamp/Screw
In, Medium Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 AUDITORIUM - STAGE 8
Existing (1) 7-Watt Mr16
Light Emitting Diode
Lamp/Gu Locking Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 AUDITORIUM - STAGE 8
Existing (1) 17-Watt Par38
Light Emitting Diode
Lamp/Screw In, Medium
Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 AUDITORIUM - STAGE 1
Existing (1) 57-Watt
Arbitrary, Standard
Incandescent Lamp/Screw
In, Medium Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 AUDITORIUM - STAGE 1
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 PRIVATE RESTROOM 1
Existing (1) 8-Watt
Arbitrary, Standard Light
Emitting Diode Lamp/Screw
In, Medium Base/No Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOBBY AREA - MAIN
ENTRY 10
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOBBY AREA - MAIN
ENTRY 3
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 RECEPTION 3
Existing (2) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 RECEPTION 1
Existing (2) 34-Watt T12 UBend, 6" Spacing
Fluorescent Lamp/Bipin
Base/Magnetic, Standard
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 1
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 MULTI-PURPOSE ROOM 24 Existing (4) 34-Watt T12 Linear, 4 Foot Fluorescent

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 MULTI-PURPOSE ROOM 2
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 1
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 2
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 GYMNASIUM 30
Existing (1) 400-Watt Ed37
Metal Halide Lamp/Screw
In, Mogul Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 GYMNASIUM 4
Existing (1) 4-Watt Fixture,
No Light Emitting Diode
Lamp/No Base/Driver, No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 GYMNASIUM 3
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 OFFICE <=250 SQ. FT. 1
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 STORAGE AREA 1
Existing (1) 25 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOBBY 3
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOBBY 2
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOBBY 1
Existing (1) 4-Watt Fixture,
No Light Emitting Diode
Lamp/No Base/Driver, No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOCKER ROOM 1
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOCKER ROOM 1
Existing (1) 15 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 RESTROOM 2
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 RESTROOM 2
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOCKER ROOM 1
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 LOCKER ROOM 1
Existing (1) 15 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 JANITOR CLOSET 1
Existing (2) 20-Watt T12
Linear, 2 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 HALLWAY 3
Existing (2) 34-Watt T12
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Magnetic,
Standard Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 HALLWAY 1
Existing (1) 4-Watt Fixture,
No Light Emitting Diode
Lamp/No Base/Driver, No
Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 OFFICE <=250 SQ. FT. 6
Existing (2) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 RESTROOM 3
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 JANITOR CLOSET 2
Existing (1) 25 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 RESTROOM 3
Existing (1) 50 Watt
Dedicated LED Fixture With
Driver

INTERIOR
CLARA
STREET
PARK
FLOOR 01 HALLWAY 3
Existing (2) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
FLOOR 01 HALLWAY 1
Existing (2) 15-Watt
Tubular, Single Ended
Incandescent Lamp/Screw
In, Candalabra Base/No
Ballast

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS RESTROOM 1
Existing (1) 100-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS RESTROOM 2
Existing (2) 26-Watt Multi
Tube Compact Fluorescent
Lamp/4 Pin Base/Electronic
Ballast

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS RESTROOM 1
Existing (1) 100-Watt Bd17
High Pressure Sodium
Lamp/Screw In, Medium
Base/Magnetic, Standard
Ballast

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS CONCESSION 6
Existing (4) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS STORAGE AREA 2
Existing (2) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS MECHANICAL ROOM 2
Existing (2) 32-Watt T8
Linear, 4 Foot Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR
CLARA
STREET
PARK
PARK
RESTROOMS PIPE CHASE 1
Existing (2) 26-Watt Multi
Tube Compact Fluorescent
Lamp/4 Pin Base/Electronic
Ballast
Occupancy and Equipment Schedules
The Community Center operates from Monday - Friday 7:00 a.m. - 8:00 p.m. and Saturday noon to midnight. The occupancy hours include janitorial services. Interior lighting controls are accomplished with wall mounted on/off switches. The exterior lighting is controlled by a mechanical time clock therefore the hours of operation of exterior lighting is dusk to dawn. The HVAC equipment is controlled with local thermostats.

Public Works | Lugo Park
The Public Works building was constructed in 1950’s and was upgraded in 1995. This building is roughly 20,700 square feet and is owned and operated by the City. The Public Works building consists of maintenance, storage, teen center, and fitness center. The site shares the campus with Lugo Park. Lugo Park is roughly 4.5 acres and includes a picnic area, outdoor restroom, and a soccer field. These facilities combined share two common electric meters and one gas meter.

The site is located at 7810 Otis Ave, Cudahy, CA 90201.

HVAC
The building is conditioned by (7) seven roof-mounted gas/electric packaged units. The units provide about 57 tons of cooling capacity to the building. Programmable thermostats are used for controlling space temperatures and appear to be in good working order.

Location Equipment
Type
Manufacture Model Number Tons
Public Works Package Unit Carrier 48HJD006-531 5
Public Works Package Unit Unknown Unknown 5
Public Works Package Unit Carrier 48HJD009-531 8.5
Public Works Package Unit Carrier 48HJD009-531 8.5
Public Works Package Unit Lennox TGA120S2BH 10
Public Works Package Unit Lennox TGA120S2BH1Y 10
Public Works Package Unit Lennox TGA120S2BH1Y 10

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Lighting
Interior lighting in most of the office space is accomplished primarily with fixtures containing fluorescent T8 lamps and electronic ballasts. Exterior lighting is accomplished by a variety of fixtures utilizing metal halide (MH), high pressure sodium (HPS), incandescent, or LED lamps.

Below is a list of the room-by-room lighting audit:

Interior/Exterior
Location
in
Facility
Room Type Quantity Lighting Description
(Existing System)
EXTERIOR EXTERIOR AREA LIGHTING 9 Existing (1) 150 Watt Dedicated LED Fixture With Driver
EXTERIOR EXTERIOR AREA LIGHTING 12 Existing (1) 100 Watt Dedicated LED Fixture With Driver
EXTERIOR EXTERIOR AREA LIGHTING 2 Existing (4) 200 Watt Dedicated LED Fixtures With Driver
EXTERIOR EXTERIOR SPORTSFIELD 4 Existing (4) 200 Watt Dedicated LED Fixtures With Driver
EXTERIOR EXTERIOR SPORTSFIELD 1 Existing (4) 200 Watt Dedicated LED Fixtures With Driver
EXTERIOR EXTERIOR PARKING LOT 3 Existing (1) 150 Watt Dedicated LED Fixture With Driver
EXTERIOR EXTERIOR BUILDING PERIMETER 8 Existing (1) 120 Watt Dedicated LED Fixture With Driver
EXTERIOR EXTERIOR BUILDING PERIMETER 2
Existing (1) 150-Watt Ed17 Metal
Halide Lamp/Screw In, Medium
Base/Magnetic, Standard Ballast
EXTERIOR EXTERIOR BUILDING PERIMETER 18
Existing (2) 13-Watt Multi Tube
Compact Fluorescent Lamp/2 Pin
Base/Magnetic, Standard Ballast
EXTERIOR EXTERIOR BUILDING PERIMETER 3
Existing (2) 13-Watt Multi Tube
Compact Fluorescent Lamp/2 Pin
Base/Magnetic, Standard Ballast
EXTERIOR EXTERIOR CANOPY 6
Existing (1) 17-Watt Par38 Light
Emitting Diode Lamp/Screw In,
Medium Base/No Ballast
EXTERIOR EXTERIOR BUILDING PERIMETER 17 Existing (1) 25 Watt Dedicated LED Fixture With Driver

EXTERIOR BUILDING
100 BUILDING PERIMETER 11 Existing (1) 25 Watt Dedicated LED Fixture With Driver

INTERIOR BUILDING
100 STORAGE AREA 2 Existing (1) 25 Watt Dedicated LED Fixture With Driver

INTERIOR BUILDING
100 RESTROOM 2 Existing (1) 25 Watt Dedicated LED Fixture With Driver

INTERIOR BUILDING
100 RESTROOM 2 Existing (1) 25 Watt Dedicated LED Fixture With Driver

INTERIOR BUILDING
100 CONCESSION 6
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM

WEIGHT/EXERCISE
ROOM 30
Existing (3) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

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Energy and Performance Services (EPS)
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INTERIOR EXERCISE
ROOM

WEIGHT/EXERCISE
ROOM 3
Existing (2) 32-Watt T8 U-Bend,
6" Spacing Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM

WEIGHT/EXERCISE
ROOM 2
Existing (2) 15-Watt Tubular,
Single Ended Incandescent
Lamp/Screw In, Candalabra
Base/No Ballast

INTERIOR EXERCISE
ROOM

WEIGHT/EXERCISE
ROOM 2
Existing (2) 32-Watt T8 U-Bend,
6" Spacing Fluorescent
Lamp/Bipin Base/Electronic,
Instant Start, Normal Light
Output (.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM

WEIGHT/EXERCISE
ROOM 28
Existing (3) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM OFFICE <=250 SQ. FT. 2
Existing (3) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM HALLWAY 5
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM HALLWAY 1
Existing (2) 15-Watt Tubular,
Single Ended Incandescent
Lamp/Screw In, Candalabra
Base/No Ballast

INTERIOR EXERCISE
ROOM RESTROOM 4
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM JANITOR CLOSET 1 Existing (1) 18 Watt Dedicated LED Fixture With Driver

INTERIOR EXERCISE
ROOM STORAGE AREA 2
Existing (1) 18-Watt Multi Tube
Compact Fluorescent Lamp/2 Pin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM RESTROOM 3
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM OFFICE <=250 SQ. FT. 2
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM

ELECTRICAL/TELEPHONE
ROOMS 2
Existing (4) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

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INTERIOR EXERCISE
ROOM HALLWAY 5
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM BREAKROOM/LOUNGE 6
Existing (4) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM RESTROOM 2
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM RESTROOM 1 Existing (1) 25 Watt Dedicated LED Fixture With Driver

INTERIOR EXERCISE
ROOM OFFICE <=250 SQ. FT. 2
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM STORAGE AREA 1
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM WAREHOUSE 7
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM WAREHOUSE 4
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM GARAGE 25
Existing (2) 60-Watt T12 Linear,
8 Foot Fluorescent Lamp/Single
Pin Base/Magnetic, Standard
Ballast

INTERIOR EXERCISE
ROOM STORAGE AREA 6
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 11
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Hybrid Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 2
Existing (1) 45-Watt Par38
Halogen Lamp/Screw In, Medium
Base/No Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 3
Existing (1) 57-Watt Arbitrary,
Standard Incandescent
Lamp/Screw In, Medium Base/No
Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 1
Existing (2) 15-Watt Tubular,
Single Ended Incandescent
Lamp/Screw In, Candalabra
Base/No Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 5 Existing (1) 15 Watt Dedicated LED Fixture With Driver

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 9
Existing (4) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 15 Existing (1) 15 Watt Dedicated LED Fixture With Driver

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INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 1
Existing (2) 15-Watt Tubular,
Single Ended Incandescent
Lamp/Screw In, Candalabra
Base/No Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 12
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 1
Existing (2) 15-Watt Tubular,
Single Ended Incandescent
Lamp/Screw In, Candalabra
Base/No Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 15
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 5
Existing (1) 57-Watt Arbitrary,
Standard Incandescent
Lamp/Screw In, Medium Base/No
Ballast

INTERIOR EXERCISE
ROOM MULTI-PURPOSE ROOM 2
Existing (2) 15-Watt Tubular,
Single Ended Incandescent
Lamp/Screw In, Candalabra
Base/No Ballast

INTERIOR EXERCISE
ROOM STORAGE AREA 1
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM STORAGE AREA 2
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast

INTERIOR EXERCISE
ROOM

KITCHEN - FOOD PREP
AREAS 3
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Hybrid Ballast

INTERIOR EXERCISE
ROOM OFFICE <=250 SQ. FT. 3
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Hybrid Ballast

INTERIOR EXERCISE
ROOM JANITOR CLOSET 1 Existing (1) 15 Watt Dedicated LED Fixture With Driver

INTERIOR EXERCISE
ROOM RESTROOM 3
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Hybrid Ballast

INTERIOR EXERCISE
ROOM RESTROOM 2 Existing (1) 15 Watt Dedicated LED Fixture With Driver

INTERIOR EXERCISE
ROOM RESTROOM 3
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Hybrid Ballast

INTERIOR EXERCISE
ROOM RESTROOM 2 Existing (1) 15 Watt Dedicated LED Fixture With Driver

INTERIOR EXERCISE
ROOM OFFICE >250 SQ. FT. 8
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

INTERIOR EXERCISE
ROOM STORAGE AREA 3
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast

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Energy and Performance Services (EPS)
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INTERIOR EXERCISE
ROOM OFFICE <=250 SQ. FT. 2
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
Occupancy and Equipment Schedules
The Public Works operates from Monday - Friday 6:00 a.m. - 5:00 p.m., except for the Fitness Center operating hours of Monday - Friday 6:00 a.m. - 9:00 p.m. The occupancy hours include janitorial services. Interior lighting controls are accomplished with wall mounted on/off switches.

The exterior lighting is controlled by a mechanical time clock therefore the hours of operation of exterior lighting is dusk to dawn. The HVAC equipment is controlled with local thermostats.

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Utility Analysis
Utility Analysis

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Utility Analysis
This Section discusses the methodology of the energy study and FIM development approach. In conducting an Investment Grade Audit as a basis for a performance contract it is essential that the existing conditions be precisely established as a baseline for the evaluation of any potential system improvements. Relevant factors were identified and assessed through a systems approach to develop potential energy improvement measures. The factors are outlined below:

1. Review of Facility Layout and Facilities
The initial step in the study entailed familiarization with the facility layouts as well as a review of available drawings, and meetings with building staff and operations personnel.

2. Review of Systems Operation/Usage
HVAC baseline energy consumption was based on name plate data and facility personal provided hours of operation.

Lighting baseline energy consumption was established by conducting a room-by-room lighting audit. Siemens also measured and verified some of the areas to confirm the wattage. The hours of operations were provided by facility personal.

3. Development of Facility Improvement Measures
Based on the field surveys, metered data and related calculations, the Facility Improvement Measures were developed. The measures were analyzed to determine their effect on the overall baseline energy consumption of each facility impacted.

Utilities Supply Description
City of Cudahy facilities receive their electricity from Southern California Edison, and natural gas from Southern California Gas Company.

Baseline Energy Consumption
Utility data from April 2018 through August 2021 for electric, and November 2020 through October 2021 for natural gas were collected and analyzed. Due to COVID-19 the most recent 12 months of electric consumption could not be used. To establish an accurate baseline for this project, pre COVID-19 electric consumption has been used, this period is from April 2019 through March 2020.

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Existing Electric Utility Consumption and Costs
City Hall | Library | Bedwell Hall | Cudahy Park
Monthly Electricity Consumption and Costs
Service Address: 5220 Santa Ana St.; Meter Number: 255000-011453

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Electricity used in the facility is illustrated in the graph below:

Annual Consumption and Cost April 2018 - March 2022
Period Max kW Annual kW kWh $
April 2018-March 2019 98 854 180,051 35,115
April 2019-March 2020 (baseline) 66 733 164,380 32,842
April 2020-March 2021 59 518 126,561 27,436
April 2021-March 2022 61 223 61,348 15,398

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Community Center | Sports Complex | Clara Park
Monthly Electricity Consumption and Costs
Service Address: 4835 Clara St.; Meter Number: 259000-061917

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Electricity used in the facility is illustrated in the graph below:

Annual Consumption and Cost April 2018 - March 2022
Period Max kW Annual kW kWh $
April 2018-March 2019 54 588 166,135 28,352
April 2019-March 2020 (baseline) 54 519 149,198 27,390
April 2020-March 2021 34 230 58,411 12,298
April 2021-March 2022 43 124 39,334 9,784

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Energy and Performance Services (EPS)
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Cudahy River Park
Monthly Electricity Consumption and Costs
Service Address: 5324 Clara St.; Meter Number: 211010-061551

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Electricity used in the facility is illustrated in the graph below:

Annual Consumption and Cost April 2018 - March 2022
Period Max kW Annual kW kWh $
April 2018-March 2019 - - 415 347
April 2019-March 2020 (baseline) - - 416 190
April 2020-March 2021 - - 416 215
April 2021-March 2022 - - 165 101

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Energy and Performance Services (EPS)
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Public Works | Lugo Park Main Meter
Monthly Electricity Consumption and Costs
Service Address: 7810 Otis Ave.; Meter Number: 259000-019897

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Electricity used in the facility is illustrated in the graph below:

Annual Consumption and Cost April 2018 - March 2022
Period Max kW Annual kW kWh $
April 2018-March 2019 68 426 108,106 21,410
April 2019-March 2020 (baseline) 86 432 90,171 20,750
April 2020-March 2021 53 314 80,059 18,601
April 2021-March 2022 45 119 30,098 8,472

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Energy and Performance Services (EPS)
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Public Works | Lugo Park Secondary Meter
Monthly Electricity Consumption and Costs
Service Address: 7810 Otis Ave.; Meter Number: 256000-101995

Siemens Smart Infrastructure (SI)
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Electricity used in the facility is illustrated in the graph below:

Annual Consumption and Cost April 2018 - March 2022
Period Max kW Annual kW kWh $
April 2018-March 2019 42 465 56,650 14,163
April 2019-March 2020 (baseline) 24 195 30,210 8,570
April 2020-March 2021 14 32 6,337 1,439
April 2021-March 2022 13 42 5,143 1,759

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Annual Electricity Consumption (Baseline)
Understanding Electric Utility Rates
Most bills consist of two types of variable charges for the electricity consumed during the billing period: charges based on the energy used, and charges based on the electricity demand. The energy charge is the total amount of energy used over the billing period. The demand charge is the highest or peak usage for a predetermined time increment (typically 15 or 30 minutes).

Many utilities also include time of day billing and seasonal variations in their tariffs. Some utilities take a tiered approach on kWh consumption and occasionally on demand charges. In most situations, energy saved through improvement measures reduces the energy charged to the last (top) tiers which generally are the lowest rates. It is important to understand these schedules and tiers to apply the correct rates to the various facility improvement measures (FIMs) and to accurately estimate actual dollar savings.

The blended rate is calculated by taking the energy related affected charges divided by the total energy. This does not include the other charges that are not affected by FIMs, such as customer charges, transformer losses, power factor or reactive power charges, etc.

Given the time of use structures for the electric rates, a weighted average is calculated based on the time frame of electrical use of the system in question. For example, nighttime lighting is used in off peak hours, so the weighted average for an exterior lighting project shows a weighted average closer to the off-peak rate than the on peak rate.

Site
Service
Account
Number
Meter Number
Annual
Electric
[kWh]
Annual
Electric
[kW]
Annual
Dollar
City Hall, Library, Bedwell
Hall 8002753657 255000-011453 164,380 733 $32,842
Community Center, Sports
Complex, Clara Park 000-0545-49 259000-061917 149,198 519 $27,390 Clara Street Park 8000703065 223000-010030 14,550 77 $1,308 Cudahy River Park 8002895571 211010-061551 416 N/A $190 Public Works, Lugo Park
Main Meter
8000014421 259000-019897 90,171 432 $20,750
Public Works, Lugo Park
Secondary Meter
8003484653 256000-101995 30,210 195 $8,570
City Owned Street Lighting 8002750931 N/A 265,413 N/A $32,749 SCE Owned Street Lighting Multiple
Accounts
N/A 245,496 N/A $66,144
Utility Owned Area Lighting Multiple
Accounts
N/A 15,264 N/A $2,505
Traffic Signals Multiple
Accounts
N/A 50,705 N/A $9,038
Total 1,025,803 1,956 201,485

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Conversely, a weighted average for general lighting used during regular business hours would show a value closer to that of the on peak rate than the off-peak rate. The weighted averages are based on estimated run times overlaid against the published tariffs.

Siemens used the weighted rate average for utility rates.

Tables below show the June 2022 utility electric rate summary for the facilities based on the weighted rate average. Each FIM has its own electric rate based on its weighted rate average.

For the Public Works building Siemens will recommend rate switching to TOU-GS2E to saving additional dollars for solar.

Building
Equipment and
General Hours of
Equipment
Rate
Schedule
Baseline
Rate
$/kWh
Baseline
Rate
$/kW
Proposed
Rate
$/kWh
Proposed
Rate
$/kW
City Hall,
Library,
Bedwell Hall,
Cudahy Park
Interior Lighting and
HVAC | Monday -
Friday 7:00 a.m. -9:00
p.m., Saturday 9:00
a.m. - 5:00 p.m.

TOU-GS2E $0.206/kWh $14.51/kW Same as
Baseline
Same as
Baseline
Exterior Lighting 6:00
p.m. - 7:00 a.m. TOU-GS2E $0.184/kWh $14.51/kW Same as Baseline Same as
Baseline
Community
Center,
Sports
Complex,
Clara Park
Interior Lighting and
HVAC | Monday -
Friday 7:00 a.m. -8:00
p.m.; Saturday Noon -
Midnight
TOU-GS2E $0.201/kWh $14.51/kW Same as
Baseline
Same as
Baseline
Exterior Lighting 6:00
p.m. - 7:00 a.m. TOU-GS2E $0.184/kWh $14.51/kW Same as Baseline Same as
Baseline
Clara
Expansion
Park
Exterior Lighting 6:00
p.m. - 7:00 a.m. AL-2-F $0.106/kWh N/A Same as Baseline Same as
Baseline
Public
Works/Lugo
Park Main
Meter
Interior Lighting and
HVAC | Monday -
Friday 6:00 a.m. - 7:00
p.m.

TOU-GS2D
CPP $0.111/kWh $37.48/kW $0.189/kWh $14.51/kW
Exterior Lighting 6:00
p.m. - 7:00 a.m.

TOU-GS2D
CPP $0.121/kWh $37.48/kW $0.184/kWh $14.51/kW
City Owned
Street
Lighting
N/A LS-2 $0.17/kWh N/A Same as
Baseline
Same as
Baseline
Thermal Consumption and Costs
The consumption is also adjusted for meteorological differences between years with the method of degree days provided by Southern California Gas Company.

Heating used in the facility is illustrated in the table and graph below.

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City Hall | Library | Bedwell Hall | Cudahy Park
Monthly Gas Consumption and Costs
Monthly Gas Consumption and Cost
Month-Year Therms Customer Charges Therm Charges Monthly Charge Nov-20 24 $15.29 $38.46 $53.75
Dec-20 25 $15.29 $40.06 $55.35
Jan-21 26 $15.29 $41.66 $56.95
Feb-21 33 $15.29 $52.88 $68.17
Mar-21 33 $15.29 $52.88 $68.17
Apr-21 24 $15.29 $38.46 $53.75
May-21 23 $15.29 $36.85 $52.14
Jun-21 25 $15.29 $40.06 $55.35
Jul-21 22 $15.29 $35.25 $50.54
Aug-21 20 $15.29 $32.05 $47.34
Sep-21 23 $15.29 $36.85 $52.14
Oct-21 24 $15.29 $38.46 $53.75
Total 302.00 $667.39

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Community Center | Sports Complex | Clara Park
Monthly Gas Consumption and Costs
Monthly Gas Consumption and Cost
Month-Year Therms Customer Charges Therm Charges Sales Tax Monthly Charge Nov-20 25 $14.79 $39.45 $4.34 $58.58
Dec-20 38 $14.79 $59.97 $5.98 $80.74
Jan-21 22 $14.79 $34.72 $3.96 $53.47
Feb-21 32 $14.79 $50.50 $5.22 $70.51
Mar-21 39 $14.79 $61.54 $6.11 $82.44
Apr-21 42 $14.79 $66.28 $6.49 $87.55
May-21 33 $14.79 $52.07 $5.35 $72.21
Jun-21 29 $14.79 $45.76 $4.84 $65.40
Jul-21 28 $14.79 $44.18 $4.72 $63.69
Aug-21 29 $14.79 $45.76 $4.84 $65.40
Sep-21 29 $14.79 $45.76 $4.84 $65.40
Oct-21 33 $14.79 $52.07 $5.35 $72.21
379.00 $837.60

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Public Works | Lugo Park Secondary Meter
Monthly Gas Consumption and Costs
Monthly Gas Consumption and Cost
Month-Year Therms Customer Charges Therm Charges Sales Tax Monthly Charge Nov-20 24 $16.27 $38.19 $4.36 $58.82
Dec-20 25 $16.27 $39.78 $4.48 $60.53
Jan-21 26 $16.27 $41.37 $4.61 $62.25
Feb-21 33 $16.27 $52.51 $5.50 $74.28
Mar-21 33 $16.27 $52.51 $5.50 $74.28
Apr-21 24 $16.27 $38.19 $4.36 $58.82
May-21 23 $16.27 $36.60 $4.23 $57.10
Jun-21 25 $16.27 $39.78 $4.48 $60.53
Jul-21 22 $16.27 $35.01 $4.10 $55.38
Aug-21 20 $16.27 $31.82 $3.85 $51.94
Sep-21 23 $16.27 $36.60 $4.23 $57.10
Oct-21 8 $16.27 $12.73 $2.32 $31.32
286.00 $702.36

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Facility Improvement Measures Description
Facility Improvement Measures
Description

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Facility Improvement
Measures Description
This section addresses the Facility Improvement Measures (FIMs) recommended for implementation. The FIMs were developed using custom spreadsheet analysis, building modeling software, trend data, and engineering calculations. Energy using equipment was measured or trended to determine power consumption (kW). Weather data was obtained from Typical Meteorological Year (TMY3) data which is an average of the last 30 years of weather data. Billing information was supplied by the City.

Projects are recommended based on cost savings, energy reduction, project cost, simple payback period, age of existing equipment, environmental impact, and the needs of the City. The FIMs analyzed and recommended for implementation are covered in detail in the following sections. All new work directly associated with the recommended FIMs will be in accordance with applicable codes, specifications, and standards. However, the intent is not to correct or address code, specification, or standard deficiencies inherent in existing equipment, fixtures, or installations, which are considered outside the scope of the measures.

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FIM 1: Interior and Exterior Lighting
Facilities Included
 City Hall | Library | Bedwell Hall | Cudahy Park
 Clara Street Park | Community Center | Clara Expansion Park  Public Works | Lugo Park
Present Conditions
The facilities utilize a variety of lighting technologies, including T12, T8 and CFL. See Existing Conditions Section for room-by-room. The Siemens lighting audit and design team surveyed the facilities and developed a comprehensive plan for a lighting retrofit to utilize efficient lighting technologies to provide appropriate levels for each of the different facility room types and exterior environments. See the contract documents for the detailed lighting audit.

Recommend Facility Improvement Measure
Replace the existing fluorescents, compact fluorescents, and metal halides with a combination of LED retrofit kit, door frame kits and new fixtures. These lighting upgrades will significantly reduce electricity usage and associated costs, standardize lamps and ballasts for the buildings, and enhance the lighting levels throughout the facilities.

Furthermore, maintenance will be reduced by having long lasting LED technology. Any existing incandescent and fluorescent exit signs will be replaced with LED exit signs that use a fraction of the energy and have lamps that last considerably longer.

Siemens also investigated the Enlighted Connect solution during the IGA. Enlighted is an advanced lighting controls system. Below is a list of benefits this system provides.

Siemens discovered this system is not required to meet Title 24 for the City facilities as the light power density (LPD) for each facility is less than 80% of the allowed LPD per Title 24 2019. Standard lighting controls will be included, this includes occupancy sensors and wall switches.

Enlighted Benefits
Sensors on every fixture. Web-based access to historical lighting and energy data.

User programmable options for dimminglevels, scheduling, fixture tuning, and timeout durations.

The ability to adjust lighting controls remotely
via the Energy Manager.

Detailed scheduling (4 time zones per day) for
different types of spaces.

Gateways on each floor, or one per roughly
100 fixtures/150 ft. radius.

Task tuning and high-end trimming
capabilities.

One physical Energy Manager per building, or
a virtual Energy Manager in the cloud.

Daylighting at the fixture level, or controlling
groups based on a single sensor, or sensor
averages.

The ability to pull energy and occupancy data
into a BMS system using BACnet (License fee
required).

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Building exterior lighting, park lighting and building parking lots will also be included, except for the sports lighting at Cudahy Park and Lugo Park. Cudahy Park and Lugo Park are excluded as the existing fixtures contain fairly new LED fixtures. High pressure sodium and metal halide lamps will be replaced with LED. Due to safety concerns exterior lighting will continue using time clock. Siemens shall replace existing mechanical time clocks to digital time clocks.

Savings Calculations:

Energy savings from each retrofit will be based on a statistically developed number of runtime hours for specific area types and the areas wattage reduction. The pre-retrofit wattages were derived from measured data collected from a statistically valid sampling of various lamp and ballast combinations, representing at least 70% of the baseline connected lighting load. Annual dollar savings from each area retrofit will be calculated using the formulas listed below in conjunction with the utility rates described in Section

3. Lighting Power Saved (kW) = Existing Power (kW) - Retrofit Power (kW) Energy Saved (kWh) = Power Saved (kW) × Run Hrs.

Annual Savings ($) = [Energy Saved (kWh) × Elec Rate ($/kWh)] + [Lighting Power Saved (kW) × Diversity Factor × Elec Rate ($/kW) ×12]
Definition of Variables:

Retrofit Power (kW): Manufacturer’s Fixture Wattage
Existing Power (kW): Measured Fixture Wattage Derived From Statistically Valid Sample
Diversity Factor: Estimated Percentage of Lighting Power Contributing to Monthly Peak Demand

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FIM 2: City Owned Street Lighting
Facilities Included
City Wide
Present Conditions
Throughout the City of Cudahy, there are two basic types of streetlight fixtures, SCE poles and City owned poles. The SCE poles are wooden poles identified with a pole number starting with E or H, except for Atlantic Avenue, where the SCE poles are concrete poles.

The City owned poles are concrete gray poles. Majority of the fixtures are cobra head fixtures that contain high pressure sodium lamps of varying wattages. Once under contract, Siemens’ lighting audit and design team will survey the streetlights and develop a comprehensive plan for a lighting retrofit to utilize efficient lighting technologies to provide appropriate levels for each of the light locations. Lighting controls are by photocell.

Recommended Facility Improvement Measure
Retrofit existing City owned street lighting fixtures with an LED technology. Cobra head fixtures will be replaced with a new LED fixture. Decorative fixtures will be converted to LED with a retrofit kit, reusing the existing fixture housing. Siemens has also included replacement of fuses and re-labeling the poles. The labels shall have a blue background with reflective gray color for letters and numbers. The letter “C” will be included before the 3-digit number. Example: C000, C001, C002, etc.

These lighting upgrades will significantly reduce electricity usage and associated costs; standardize lamps and ballasts for the streetlights. Furthermore, maintenance will be reduced by having new lamps and ballasts, and by stocking the same types of lamps and ballasts for all the City owned streetlights.

Assumptions
The street lighting tariff uses a utility-determined monthly energy usage, based on lamp type, to calculate the electrical costs. Thus, the baseline is independent of the actual lamp operation.

Street Lighting Existing and Proposed Annual Consumption Existing Fixtures Retrofit Fixtures
Lamp Type Wattage kWh Annual Lamp Type Wattage kWh Annual HPS/70 70 344 LED 36 155
HPS/100 100 60,063 LED 36 19,195
HPS/150 150 25,569 LED 46 6,298
HPS/200 200 6,111 LED 56 1,426
HPS/250 250 49,241 LED 68 10,625

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Savings Calculations
A simplified version of the energy savings calculation for each fixture type follows:

Savings = (kWh/Monthexisting - kWh/Monthretrofit) x Number of Fixtures x 12 Months/Year x $/kWh

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FIM 3: Solar
Facilities Included
City Hall | Community Center | Public Works
Recommended Facility Improvement Measure
PV systems generate power when sunlight hits the solar panels. This power generation does not always coincide with the load profile of the building, so solar arrays generally must take advantage of net-metering policies to achieve the greatest benefit from their solar output. Under a net metering agreement, any power produced by the PV system that cannot be used at the building flows back to the utility grid. This excess power is metered, and the value is utilized to offset the cost of power provided from the utility company when the PV system is not producing power. In this way, the City receives the greatest benefit from the power produced by the system.

Siemens has evaluated the City facilities for their viability as host sites for a solar photovoltaic (PV) system to provide clean renewable energy for the buildings. We analyzed the potential project from a technical standpoint and have concluded that a netmetered solar array is viable at the City Hall, Community Center/Clara Park, and Public Works, pending City permitting and interconnection approval from the local electric utility, Southern California Edison.

Below is a summary table of the system sizes that are technically viable.

Site System Type System Size (kWdc)
City Hall Carport Carport 58 kWdc
Community Center/Clara Roof Ballasted 58 kWdc
Public Works/Lugo Park Roof Ballasted 35 kWdc

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Layout:

Below is a high-level layout for the PV system evaluated during the IGA, the final layout will be determined during the construction phase.

City Hall Preliminary Carport Layout - Carport Solar Layout Community Center Preliminary Layout - Roof Mount System

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Public Works Preliminary Layout - Roof Mount System
Savings Calculations
 Siemens uses the Helioscope solar modeling tool to estimate the electricity production and performance of solar projects. Helioscope is the solar industry's leading software program for the calculation of energy generation potential from solar PV installations. The software includes a detailed and comprehensive library of solar panels and inverters that enable modeling of various system configurations. Siemens incorporated specific product performance metrics for the make and model of the inverters and panels used in our design as part of the production analysis. System details, including string sizes, line losses, module mismatch losses and inter-row shading are considered and results are rigorously checked for accuracy.
 The following table outlines the performance estimates:

Site System Size
(kWdc)
Production kWh/yr.
(Includes 95% Safety Factor)
City Hall Carport 57.5 kWdc 76,453 kWh
Community Center/Clara 42 kWdc 65,276 kWh
Public Works/Lugo Park 26.7 kWdc 42,207 kWh
 Solar photovoltaic arrays produce electrical energy based on location, orientation, and annual insolation. The following calculations are used to determine annual savings:

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Example Existing Conditions
kWh Production Measured
Annual Insolation Measured or Weather Data
Normal Insolation Published Weather Data
Calculations Used to Determine Savings
kWh Generation = kWh Production x Annual Insolation/Normal Insolation Annual Generation Savings ($) = kWh Savings x kWh Rate
Detailed Energy Savings Calculations - Will be included in the Investment Grade Audit Report.

Rate Analysis:

For the Public Works, the City has an option to remain on the current rate schedule or switch to an alternative rate schedule. The rates for each are shown below and the estimated electric bills are shown on the following pages for each rate schedule.

Public Works/Lugo Park Existing and Proposed Rate Structure The table below shows the existing annual electricity cost based on the most current utility rates (June 2022) and the baseline 12 months of electrical usage.

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Public Works/Lugo Park:

Current Utility Cost Under Current Rate Schedule TOU-GS-2D For Public Works, based on the energy model TOU-GS-2E will provide the City greater dollar savings. See below tables for proposed rate schedules for TOU-GS-2D (existing rate) and TOU-GS-2E (rate switch).

Public Works/Lugo Park:

Proposed Utility Cost Under Existing Rate Schedule TOU-GS-2D

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Public Works/Lugo Park: Proposed Utility Cost Under New Rate Schedule TOU-GS-2E For the City Hall and Community Center, Siemens does not recommend rate switch as the existing rate is the most beneficial rate for solar. Below are the rate schedule summary tables for each building.

City Hall Existing and Proposed Rate Structure

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City Hall: Current Utility Cost Under Current Rate Schedule TOU-GS-2E City Hall: Proposed Utility Cost Under Existing Rate Schedule TOU-GS-2E

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Community Center/Clara Park Existing and Proposed Rate Structure Community Center/Clara Park:

Current Utility Cost Under Current Rate Schedule TOU-GS-2E

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Community Center/Clara Park:

Proposed Utility Cost Under Existing Rate Schedule TOU-GS-2E FIM 4: Roof Replacement
Facilities Included
City Hall/Library | Community Center | Public Works
Present Conditions
The existing roofing systems at the Community Center/Clara Park and Public Works/Lugo Park are flat, the City Hall/Library is a pitched roof. All the roofing systems are past the end of their useful lives. Leaks are developing and various repairs had to be made during the past few years, creating an annual burden on the City’s budget resources.

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Recommended Facility Improvement Measure
Siemens recommends replacing the roofs with PVC roofing material. This will not only minimize heating and cooling energy losses, but also ensure that the structure is safe and free from leaks. The new roof will have a useful life of 20 - 30 years with 20-year manufacture warranty. Also included in the scope is 25% plywood and fascia board replacement. This is an allowance as Siemens cannot determine exactly how much plywood is damaged.

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The skylight systems for these buildings have also deteriorated and are leaking. Some areas are covered with tarp to protect the building from leaks. Siemens highly recommends replacing the skylights or, at minimum, cleaning and re-sealing the skylights. The costs for skylight maintenance or repair are not included in the scope of work presented in this report.

Longevity and Sustainability
 Replacing the roof will improve the integrity of the building envelope by restoring its thermal and vapor resistance as well as the reflective solar heat gain resistance.
 Expensive repairs will be avoided for years to come.
 The risk of mold and mildew growth in the under-roof cavities and the possibility of indoor air quality problems will be considerably reduced.

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FIM 5: Mechanical and Controls
Facilities Included
City Hall/Library | Bedwell Hall | Community Center | Public Works Present Conditions
The City has several standalone package units and split systems serving the facilities. All these systems are in poor condition and have surpassed the end of their useful life. These HVAC systems are each controlled by dedicated thermostats (T-stats). The units cycle on and off maintaining a fixed temperature set point. Over time, this equipment experiences wear and tear that affect its overall performance and efficiency.

Recommended Facility Improvement Measure
Siemens recommends replacing the existing package units and split systems as noted in the table below. As these units are at the end of life, there are significant improvements in efficiencies to be seen.

There are two ways to measure efficiency for packaged and split systems, SEER and EER.

The efficiency of air conditioners is often rated by the seasonal energy efficiency ratio (SEER) which is defined by the Air Conditioning, Heating, and Refrigeration Institute in its standard AHRI 210/240. A room air conditioner’s efficiency is measured by the energy efficiency ratio (EER). The EER is the ratio of the cooling capacity (in British thermal units (BTU) per hour) to the power input (in watts). The higher the EER rating, the more efficient the unit.

Existing efficiencies are estimated to be 8.9-11 EER or 13 SEER. Proposed efficiencies are estimated to be 12.7 to 22.5 SEER.

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Outside Unit Indoor Unit
Location Equipment
Type
Proposed
Manufacturer
Proposed
Model #
Proposed
Tons
Proposed
Model #
Proposed
Capacity
System
Efficiency
City
Hall/Library
Split
System Trane 4TWR5024H1 2 Ton
GAM5B0
A24M21
E
2 Ton SEER 15
City
Hall/Library
Split
System Trane 4TWR5036H1 3 Ton GAM5B0B36M21E 3 Ton SEER 15 City
Hall/Library
Split
System Daikin RXYQ120XAYDA 10 Ton BCVD0401 10 Ton IEER 22 City
Hall/Library
Split
System Daikin RXYQ120XAYDA 10 Ton BCVD0401 10 Ton IEER 22 Bedwell
Hall
Split
System Trane 4TWR5024H1 2 Ton
GAM5B0
A24M21
E
2 Ton SEER 15
Bedwell
Hall
Split
System Trane City recently replaced this 2 ton unit and will not be included in Siemens scope.

Bedwell
Hall
Split
System Trane 4TWR5048H1 4 Ton GAM5B0C48M41E 4 Ton SEER 15 Bedwell
Hall
Split
System Trane 4TWR5060H1 5 Ton TAM9A0C60V51D 5 Ton SEER 15 Bedwell
Hall
Split
System Trane 4TWR5060H1 5 Ton TAM9A0C60V51D 5 Ton SEER 15 Bedwell
Hall
Split
System Daikin RXYQ96XAYDA 7.5 Ton BCVD0301 7.5 Ton IEER 22.5 City
Hall/Library
Package
Unit Carrier 48VGUE240403-TP 2 Ton N/A N/A SEER 15
City
Hall/Library
Package
Unit Carrier 48VGUE240403-TP 2 Ton N/A N/A SEER 15
City
Hall/Library
Package
Unit Carrier 48VGUE360603-TP 3 Ton N/A N/A SEER 16
Community
Center
Package
Unit Carrier 48VGUE360605 3 Ton N/A N/A SEER 16
Community
Center
Package
Unit Carrier 48GCGM04A2M5 3 Ton N/A N/A SEER 16.1
Community
Center
Package
Unit Carrier 48VGUE600905 5 Ton N/A N/A SEER 16
Community
Center
Package
Unit Carrier 48HCDD08A2M5 7.5 Ton N/A N/A IEER 13.8
Community
Center
Package
Unit Carrier 48HCDD08A2M5 7.5 Ton N/A N/A IEER 13.8

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Community
Center
Package
Unit Carrier 48HCDD08A2M5 7.5 Ton N/A N/A IEER 13.8
Public
Works
Package
Unit Carrier 48GCGM06A2M5 5 Ton N/A N/A SEER 16.1
Public
Works
Package
Unit Carrier 48GCGM06A2M5 5 Ton N/A N/A SEER 16.1
Public
Works
Package
Unit Carrier 48HCDD09A2M5 8.5 Ton N/A N/A IEER 13.8
Public
Works
Package
Unit Carrier 48HCDD09A2M5 8.5 Ton N/A N/A IEER 13.8
Public
Works
Package
Unit Carrier 48HCDD09A2M5 8.5 Ton N/A N/A IEER 13.8
Public
Works
Package
Unit Carrier 48HCDD12A2M5 10 Ton N/A N/A IEER 12.7
Public
Works
Package
Unit Carrier 48HCDD12A2M5 10 Ton N/A N/A IEER 12.7
Proposed Mechanical Equipment
Savings Calculations
The baseline consumption was established using a standard calculation template which incorporates historical weather data, existing equipment capacity and efficiency. The existing and new cooling system efficiencies were calculated based on the unit efficiency with 10% - 20% derate factor based on equipment age and condition.

Location Equipment
Type
Proposed
Manufacturer
Proposed
Tons
Existing
Efficiency
System
Efficiency
City Hall/Library Split System Trane 2 Ton SEER 13 SEER 15 City Hall/Library Split System Trane 3 Ton SEER 13 SEER 15 City Hall/Library Split System Daikin 10 Ton EER 10.1 IEER 22 City Hall/Library Split System Daikin 10 Ton EER 10.1 IEER 22 Bedwell Hall Split System Trane 2 Ton SEER 13 SEER 15
Bedwell Hall Split System City recently replaced this 2 ton unit and will not be included in Siemens scope.

Bedwell Hall Split System Trane 4 Ton SEER 13 SEER 15

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Bedwell Hall Split System Trane 5 Ton EER 11 SEER 15
Bedwell Hall Split System Trane 5 Ton EER 11 SEER 15
Bedwell Hall Split System Daikin 7.5 Ton EER 10.1 IEER 22.5 City Hall/Library Package Unit Carrier 2 Ton SEER 13 SEER 15 City Hall/Library Package Unit Carrier 2 Ton SEER 13 SEER 15 City Hall/Library Package Unit Carrier 3 Ton SEER 13 SEER 16 Community Center Package Unit Carrier 3 Ton SEER 13 SEER 16 Community Center Package Unit Carrier 3 Ton SEER 13 SEER 16.1 Community Center Package Unit Carrier 5 Ton EER 10.1 SEER 16 Community Center Package Unit Carrier 7.5 Ton EER 8.9 IEER 13.8 Community Center Package Unit Carrier 7.5 Ton EER 10.1 IEER 13.8 Community Center Package Unit Carrier 7.5 Ton EER 9 IEER 13.8 Public Works Package Unit Carrier 5 Ton EER 11 SEER 16.1 Public Works Package Unit Carrier 5 Ton EER 11 SEER 16.1 Public Works Package Unit Carrier 8.5 Ton EER 10.8 IEER 13.8 Public Works Package Unit Carrier 8.5 Ton EER 10.8 IEER 13.8 Public Works Package Unit Carrier 8.5 Ton EER 10.1 IEER 13.8 Public Works Package Unit Carrier 10 Ton EER 10.1 IEER 12.7 Public Works Package Unit Carrier 10 Ton EER 10.1 IEER 12.7 Units Existing and Proposed Efficiency

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Currently the package units listed above have no central controls, only standalone programmable thermostats.

A simplified version of the energy savings calculation for the new unit follows:

Savings = (Unit Size) × (Hours of Operation) × (Cost per kWh) × [1/(Existing kW/ton) - 1/(Proposed kW/ton)]

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FIM 6: Transformer Upgrades
Facilities Included
City Hall | Library | Bedwell Hall
Present Conditions
There are four (4) older style transformer units at the City Hall and Bedwell Hall that are operating at a small fraction of their nameplate capacity, resulting in very low efficiency, and are producing large amounts of excess heat, resulting in energy losses and higher utility costs. See table below for more detail. These units are also old and at their end of life. Electrical distribution transformers play a key role in delivering electrical power to buildings as all the electrical power supplied to the building flows through them.

Whether equipment is plugged in and turned on or not transformers continue to operate and use energy.

Building Address KVA Location
City Hall 5220 Santa Ana St.,
Cudahy, CA 90201 75 City Hall Main Electric RoomTag # 0060484 City Hall 5220 Santa Ana St.,
Cudahy, CA 90201 25 City Hall Snack Building
City Hall 5220 Santa Ana St.,
Cudahy, CA 90201 15 City Hall Mech RoomTag # 0060486
Bedwell Hall 5218 Santa Ana St.,
Cudahy, CA 90201 75 Bedwell Hall Electric RoomTag # 0060483 Bedwell Hall Electric Room Transformer

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City Hall Main Electric Room Transformer

City Hall Mech Room Transformer

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City Hall Snack Building Transformer

Recommended Facility Improvement Measure
Siemens proposes to install new E-Saver OPAL-R Series Power Smiths transformers to replace the old inefficient transformers. The OPAL-R Series are ultra-efficient dry-type isolation transformers optimized to maximize energy savings and provide the fastest payback in retrofit applications.

Code and all published data are based on performance at a 35% linear load. Therefore, almost all transformers are designed for highest efficiency under that load profile.

However, this profile does not typically exist in the real world. Linear loads ceased to exist with the advent of computers and VFDs, and the average load on a transformer is about 15% (we have found it is even lower than this). Under this lower load profile, almost all losses are found in the core.

Using design and manufacturing advances, but more importantly, better materials (i.e. higher grade insulation, copper, aluminum and, most critically, steel in the core), new OPAL-R transformers have extremely low no-load-losses and minimized load-losses.

Savings Calculations
Savings are based on unit runtime and loads. The following calculations are used to determine annual savings:

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Existing Conditions
Existing Unit Capacity Nameplate
Existing Transformer Normal Operating Hours Load Measured or Operation Schedules Existing Transformer Outside Normal Operating Hours Load Measured or Operation Schedules Existing Power Losses (Normal Operating Hours) Measured Existing Transformer Power Losses (Outside Normal Operating Hours) Calculated
Proposed New Power Losses (Normal Operating Hours) Calculated Proposed New Power Losses (Outside Normal Operating
Hours) Calculated
Normal Operating Days Operation Schedules
Calculations Used to Determine Savings
Energy Savings = (Existing Operating kW Losses - Proposed Operating kW Losses) x Normal Operating Hours x Normal Operating Days) + (Existing Non-Operating kW Losses - Proposed NonOperating kW Losses) x (365 x 24 - Normal Operating Hours x Normal Operating Days)

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Future Facility Improvement Measures
Future Facility Improvement
Measures

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Future Facility
Improvement Measures
This Section addresses the FIMs that were not included in the current project but are recommended for the next phase.

FIM 1: Electric Vehicle Charging Stations
Siemens recommends EV charging stations for the City as they support better environmental factors, including air quality, health and safety, and greenhouse gas reduction. Due to financial restrains this measure was not included in this phase.

Today, there are already more than one million electric vehicles on the road in the U.S. - a number that is expected to surge to about 18 million by 2030 - helping us achieve a cleaner, more efficient world. In fact, more than 900 U.S. corporations and many communities have committed to reducing their overall carbon footprint and energy costs with smart technology - including electric vehicle (EV) fleets.

But charging electric vehicles must become as easy and convenient as refueling traditional vehicles, making intelligent EV charging infrastructure an essential feature of your smart building strategy. Siemens VersiCharge electric vehicle chargers provide reliable and fast EV charging with compact designs and custom installations.

FIM 2: Air-Conditioned Space for Gym at the Community Center Currently there are five (5) Reznor fan blowers serving the Gym at the Community Center. During the summer, the space temperature rises as there is no air conditioning.

Siemens recommends adding air conditioning to the Gym. This will require a re-design of the building and its systems, including potential structural upgrades. Due to financial restrains this measure was not included in this phase.

FIM 3: SCE Street Light Acquisition
Description:

Siemens has included replacing existing City owned street lighting but did not include the acquisition for the remaining street lighting owned by Southern California Edison (SCE). The advantages of acquiring and converting the streetlights are:

1. The City’s ownership of the streetlights allows the City to convert the lights to LED and thus provide for better lighting conditions in the community and;

2. The City’s electrical costs for the lighting is drastically reduced.

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FIM 4: Sports Field Lighting at Cudahy Park
Description:

The City recently replaced the Sports Field Lighting at the Cudahy Park with LED.

Unfortunately, the light levels are too low and there are several complaints from City residences who use this field to play baseball. Siemens recommends performing photometric study and upgrading the lights to higher wattage LED.

FIM 5: Skylight Replacement at the City Hall and Bedwell Hall Description:

Siemens recommends replacing the existing skylights at the City Hall and Bedwell Hall.

These skylights are leaking and cracked. Siemens recommends replacing these skylights with new and improved skylights that fit the City’s needs, such as natural light, energy savings and health benefits.

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Measurement & Verification (M&V)
Measurement & Verification
(M&V)

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Measurement & Verification
(M&V)
Measurement & Verification Methodology
Siemens has developed, as part of the IGA, a comprehensive plan for measurement and verification of savings for each of the recommended FIMs. These FIM M&V plans may be combined based on the specific FIM included in this project. The M&V plan for a project provides continuous visibility of project performance and identifies additional potential savings opportunities when they exist.

In all cases, Siemens follows the International Performance Measurement and Verification Protocol (IPMVP, 2017), Federal Energy Management Program’s (FEMP’s) M&V Guidelines (Version 4.0), and the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Guideline 14. The table below describes each of the IPMVP,2017 and FEMP’s accepted methodologies.

M&V Option How Savings Are Calculated Typical Applications A. Retrofit Isolation: Key
Parameter Measurement
Savings are determined by
field measurement of the key
performance parameter(s)
which define energy use of
the system(s), separate from
the energy use of the facility.

Measurements may either be
short-term (A1) or
continuous (A2).

Engineering calculations using
short-term or continuous postretrofit measurements and stipulations.

Lighting retrofit where power draw
is measured periodically.

B. Retrofit Isolation: All
Parameter Measurement
Savings are determined by
field measurement of the
energy use of the systems to
which the FIM was applied,
separate from the energy use
of the rest of the facility.

Short-term or continuous
measurements are taken
throughout the post-retrofit
period.

Engineering calculations using
short-term or continuous
measurement.

Application of controls to vary the
load on a constant speed pump
using a variable speed drive.

Electricity is measured by a kWh
meter installed on the electrical
supply to the pump motor. In the
base year, this meter is in place for a
week to verify constant loading. The
meter is in place throughout the
post-retrofit period to track
variations in energy use.

C. Whole Facility
Savings are determined by
measuring energy use at the
whole facility level. Shortterm or continuous
measurements are taken
throughout the post-retrofit
period.

Analysis of whole facility utility
meter or submeter data using
techniques from simple
comparison to regression
analysis.

Multifaceted energy management
program affecting many systems in a
building. Energy use is measured by
the gas and electric utility meters for
a 12-month base year period and
throughout the post-retrofit period.

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M&V Option How Savings Are Calculated Typical Applications D. Calibrated Simulation
Savings are determined
through simulation of the
energy use of components or
the whole facility. Simulation
routines must be
demonstrated to adequately
model actual performance
measured in the facility. This
option usually requires skill in
calibration simulation.

Energy use simulation,
calibrated with hourly or
monthly utility billing data
and/or end use submetering.

Multifaceted energy management
program affecting many systems in a
building but where no baseline data
are available. Post-retrofit period
energy use is measured by the gas
and electric utility meters. Base year
energy use is determined by
simulation using a model calibrated
by the post-retrofit period.

In addition, Siemens defines an Option E, Stipulated Savings, for those FIM savings having too little basis to justify using one of the other options or where the cost of using one of the other options is not justified for the magnitude of savings involved. For these FIMs, calculations are performed using agreed upon measurements and assumptions to determine the savings to be credited to the FIM each year.

Options A and B are the most widely used approaches to calculate and verify savings guarantees because they tend to be the best combination of both accuracy and economy for many FIMs. However, the specific characteristics of each FIM, including the savings calculation methodology used for the FIMs, are selected based on the accuracy and cost of each specific FIM and the needs/preferences of the customer determine the specific methodology used for each FIM.

The following M&V options are planned for the FIMs proposed:

Measure Description M&V Option
Lighting Retrofit A
Street Lighting A
Solar PV B
HVAC A
Transformers E
During the project development and prior to contract, Siemens worked with the City to develop an M&V strategy that matches the appropriate level of monitoring, reporting, visibility, analysis, and documentation. The next section includes the detailed plan of the Measurement and Verification, also described in Exhibit C of the contract documents.

Siemens Smart Infrastructure (SI)
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Measurement & Verification
(M&V) Plan
General Overview
The purpose of the Measurement and Verification (M&V) Plan is to identify the methods, measurements, procedures and tools that will be used to verify the savings for each FIM which has energy/utility savings. Savings are determined by comparing prior usage, consumption or efficiencies (defined as the “Baseline”) against the post-FIM implementation usage, consumption or efficiencies. The baseline usage, consumption or efficiencies are described in this Exhibit C, Article 5. The post-FIM implementation usage, consumption or efficiencies is defined as the contracted baseline and are described in this Exhibit C, Article 7.

Option A - Retrofit Isolation: Key Parameter Measurement Lighting Upgrade
Location(s):

City Hall/ Library, Bedwell Hall, Cudahy Park, Clara Street Park/Community Center/Sports Complex, Clare Expansion Park and Public Works/Lugo Park Overview:

SIEMENS will retrofit the existing fixtures, lamps, and/or ballasts with more energy-efficient fixtures, lamps, and/or ballasts. SIEMENS will also install occupancy sensor controls in selected locations as per Appendix 1. Verification of electric energy savings (kWh) achieved by the lighting retrofit shall be based upon a one-time measurement of the lighting power capacity under existing conditions, a one-time measurement of the lighting power capacity upon completion of the lighting retrofit project and agreed-upon annual operating hours. Spot wattage measurements of a random sample of baseline and postinstallation fixture types or fixture circuits will be used to establish demand.

Sample size for wattage measurements will be determined based on FEMP guidelines for sample size determination, with overall population sample size not to exceed 10% of the retrofit population.

Pre-Retrofit Measurement\Calculations:
kWhpre = (kWpre * Quantitypre * AOHrspre)fixture type ”n”, summed across all fixture types

Siemens Smart Infrastructure (SI)
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Where:
kWhpre = Pre-retrofit annual electric consumption (kWh/yr.) kWpre = Instantaneous kW based on random sample of existing lighting fixture types
Quantitypre = Count of each fixture-type based on as-built survey AOHrspre = Pre-retrofit annual operating hours, stipulated per Appendix 1 Post-Retrofit Measurement\Calculations:
kWhpost = (kWpost * Quantitypost * AOHrspost)fixture type ”n”, summed across all fixture types
Where:
kWhpost = Post-retrofit annual electric consumption (kWh/yr.) kWpost = Instantaneous kW based on random sample of the installed/retrofitted lighting-fixture types
Quantitypost = Count of each fixture-type based on as-built survey AOHrspost = Post-retrofit annual operating hours, stipulated per Appendix1 Savings Calculations:

Electric Savings (kWh/yr.):
kWhS = kWhpre - kWhpost
Where:
kWhS = Annual post-retrofit kilowatt-hour savings from lighting retrofit Demand Savings (kW/yr.):
kWS = (kWpre - kWpost) x months
Where:
kWS = Annual post-retrofit kilowatt savings
Months = Months per year of electric demand savings
Cost Savings ($/yr.):
$S = ((kWhS * $/kWh, x) + (kWS * $/kW, x)

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
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Where:
$S = Annual cost savings
$/kWh = Electricity unit cost per kWh as defined in Article 6 of this Exhibit C $/kW = Demand units cost per kW as defined in Article 6 of this Exhibit C Street Lighting Upgrades
Location(s):

City Owned Street Lighting
Overview:

SIEMENS will retrofit the existing street lighting fixtures with more energy-efficient street lighting fixtures. Verification of electric energy savings (kWh) will be achieved by a one-time confirmation of manufacturer’s specification of electric demand (kW) of each installed post-retrofit fixture type and a one-time confirmation that the correct utility bill tariffs have been applied. The applicable post Southern California Edison tariff is Schedule LS-2.

Pre-Retrofit Measurement\Calculations:

Pre-Retrofit Billed kWh = Annual utility billed kWh of the existing street lighting determined during the IGA phase per Table 4.2.#.1 Table 4.2.2.1 - Pre-Retrofit Street Lighting Annual Billed kWh Lighting District Pre-Retrofit Billed kWh
City of Cudahy 141,327
Post-Retrofit Measurement\Calculations:

Post-Retrofit Billed kWh = (kWhmonth * QtyPost * 12)fixture type ”n” Where:

Wpost = The wattage of the installed/retrofitted lighting-fixture types per Table 4.2.2.2.
kWhmonth = Monthly utility billed kWh of the LED street lighting after LED retrofit per schedule LS-2
QtyPost = Quantity of post-retrofit fixtures by type

Siemens Smart Infrastructure (SI)
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Table 4.2.2.2 - Post-Retrofit Operating Parameters
Fixture Code Fixture
Type
Lamp
Wattage
(Wpost)
Lamp
Wattage
Range (W)
kWh per Lamp
per Month
(kWhmonth)
Quantity
of
Fixtures
LEOTEK - GCM1-
60J-MV-40K-2R-GY095 + LLPC
LED 59 55.01 - 60 19.8 1
LEOTEK - GCM1-
60J-MV-40K-2R-GY095 + LLPC
LED 59 55.01 - 60 19.8 124
LEOTEK - GCM1-
60J-MV-40K-2R-GY095 + LLPC
LED 59 55.01 - 60 19.8 32
LEOTEK - GCM1-
60J-MV-40K-2R-GY095 + LLPC
LED 59 55.01 - 60 19.8 6
LEOTEK - GCM1-
60J-MV-40K-2R-GY095 + LLPC
LED 59 55.01 - 60 19.8 38
Total 201
Savings Calculations:

Energy Savings (kWh/yr.):
kWhS = Pre-retrofit billed kWh - post-retrofit billed kWh Where:
kWhS = Annual post-retrofit utility billed kWh savings
Cost Savings ($/yr.):
$S = (Pre-retrofit billed kWh * $/kWhpre) - (Post-retrofit billed kWh * $/kWhpost) Where:
$S = Total annual cost savings
$/kWhpre = Pre-retrofit unit cost of electricity per kWh as defined in Article 6 of this Exhibit C
$/kWhpost = Post-retrofit unit cost of electricity per kWh as defined in Article 6 of this Exhibit C

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HVAC Upgrades
Location(s):

City Hall/Library, Bedwell Hall, Community Center/Clare Street Park, Public Works/Lugo Park
Overview:

Energy and cost savings will be achieved by replacing the existing HVAC systems with higher efficiency and/or lower capacity systems. Electrical energy (kWh) savings will be verified by comparing the efficiency (SEER/EER) of the pre-retrofit equipment against the efficiency (SEER/EER) of the post-retrofit equipment, based on manufacturer specifications for the installed equipment. Thermal energy (Therms) savings will be verified by comparing the heating capacity (BTUs) of the pre-retrofit equipment against the heating capacity (BTUs) of the post-retrofit equipment.

Pre-Retrofit Variables:

Table 4.2.3.1 - Pre-Retrofit Equipment Conditions

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Furnace
Type
Heating
Output BTU
or Heating
Output kW
for Electric
Gas
Furnace -
Thermal
Efficiency
%
Pre-Retrofit
Electric
Demand
(kWpre)
Pre-Retrofit
Electric
Consumption
(kWhpre)
Pre-Retrofit
Natural Gas
Consumption
(Thermspre)
Equipment-1 City Hall/
Library 2.0 SEER 13.1 CV 0.13 None N/A N/A 47.85 2,511 0 Equipment-2 City Hall/
Library 3.0 SEER 13.0 CV 0.25 None N/A N/A 71.85 3,813 0 Equipment-3 City Hall/
Library 10.0 EER 10.1 CV 3.00 Electric 10 N/A 245.79 18,683 0 Equipment-4 City Hall/
Library 10.0 EER 10.1 CV 3.00 Electric 11 N/A 147.39 13,363 0 Equipment-5 Bedwell Hall 2.0 SEER 13.0 CV 0.13 None N/A N/A 20.00 1,761 0 Equipment-6 Bedwell Hall 4.0 SEER 13.0 CV 0.33 Electric 4 N/A 50.17 4,456 0 Equipment-7 Bedwell Hall 5.0 EER 11.0 CV 1.50 Natural
Gas 57,100 79% 50.17 4,620 58
Equipment-8 Bedwell Hall 5.0 EER 11.0 CV 1.50 Natural
Gas 57,100 79% 50.17 4,620 58
Equipment-9 Bedwell Hall 7.5 EER 10.1 CV 2.00 Natural
Gas 72,000 80% 85.21 8,193 101
Equipment-10 City Hall/
Library 2.0 SEER 13.0 CV 0.50 Electric 2 N/A 25.32 2,335 0 Equipment-11 City Hall/
Library 2.0 SEER 13.0 CV 0.50 Electric 2 N/A 25.32 2,335 0 Equipment-12 City Hall/
Library 3.0 SEER 13.0 CV 0.25 None N/A N/A 29.95 2,632 0 Equipment-13 Community
Center 3.0 SEER 13.0 SAV 0.50 Natural Gas 72,000 80% 63.60 3,989 38 Equipment-14 Community
Center 3.0 SEER 13.0 CV 0.25 Natural
Gas 72,000 80% 124.25 4,675 48
Equipment-15 Community
Center 5.0 EER 10.1 CV 1.50 Natural
Gas 57,100 80% 138.02 7,132 53

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Furnace
Type
Heating
Output BTU
or Heating
Output kW
for Electric
Gas
Furnace -
Thermal
Efficiency
%
Pre-Retrofit
Electric
Demand
(kWpre)
Pre-Retrofit
Electric
Consumption
(kWhpre)
Pre-Retrofit
Natural Gas
Consumption
(Thermspre)
Equipment-16 Community
Center 7.5 EER 8.9 CV 1.50 Natural Gas 162,200 78% 178.64 11,704 75 Equipment-17 Community
Center 7.5 EER 10.1 CV 2.00 Natural
Gas 130,000 80% 178.39 10,955 72
Equipment-18 Public
Works 5.0 EER 11.0 CV 1.50 Natural Gas 57,100 79% 49.75 2,520 3 Equipment-19 Public
Works 5.0 EER 11.0 CV 1.50 Natural
Gas 57,100 79% 49.75 2,520 3
Equipment-20 Public
Works 8.5 EER 10.8 CV 3.63 Natural
Gas 102,500 78% 87.80 4,631 5
Equipment-21 Public
Works 8.5 EER 10.8 CV 3.63 Natural
Gas 102,500 78% 87.80 4,631 5
Equipment-22 Public
Works 10.0 EER 10.1 CV 3.00 Natural Gas 192,000 80% 111.19 5,869 6 Equipment-23 Public
Works 10.0 EER 10.1 CV 3.00 Natural
Gas 192,000 80% 111.19 5,869 6
Equipment-24 Public
Works 10.0 EER 10.1 CV 3.00 Natural
Gas 192,000 80% 111.19 5,869 6
Equipment-25 Community
Center 7.5 EER 9 CV 2.00 Natural
Gas 97,000 81% 94.33 12,025 55

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Energy and Performance Services (EPS)
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Post-Retrofit Variables:

Table 4.2.3.2 - Post-Retrofit Equipment Conditions
ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Furnace
Type
Heating
Output
BTU or
Heating
Output
kW for
Electric
Gas
Furnace -
Thermal
Efficiency
%
PostRetrofit
Electric
Demand
(kWpost)
Post-Retrofit
Electric
Consumption
(kWhpost)
Post-Retrofit
Natural Gas
Consumption
(Thermspost)
Equipment-1 City Hall/
Library 2.0 SEER 15.0 VAV 0.3 Electric 1.95 N/A 47.85 2,711 0 Equipment-2 City Hall/
Library 3.0 SEER 15.0 VAV 0.5 Electric 2.93 N/A 71.85 4,071 0 Equipment-3 City Hall/
Library 10.0 IEER 22.0 VAV 5.0 Electric 9.92 N/A 245.79 12,898 0 Equipment-4 City Hall/
Library 10.0 IEER 22.0 VAV 5.0 Electric 9.92 N/A 118.85 13,363 0 Equipment-5 Bedwell Hall 2.0 SEER 15.0 VAV 0.3 Electric 1.95 N/A 24.42 1,761 0 Equipment-6 Bedwell Hall 4.0 SEER 15.0 VAV 0.8 Electric 3.91 N/A 49.32 4,456 0 Equipment-7 Bedwell Hall 5.0 SEER 15.0 VAV 1.0 Electric 4.75 N/A 60.98 4,620 0 Equipment-8 Bedwell Hall 5.0 SEER 15.0 VAV 1.0 Electric 4.75 N/A 60.98 4,620 0 Equipment-9 Bedwell Hall 7.5 IEER 22.5 VAV 3.0 Electric 6.62 N/A 79.62 8,193 0 Equipment-10 City Hall/
Library 2.0 SEER 15.0 VAV 0.5 Natural Gas 37,000 80% 18.65 2,335 28 Equipment-11 City Hall/
Library 2.0 SEER 15.0 VAV 0.5 Natural Gas 37,000 81% 18.65 2,335 28 Equipment-12 City Hall/
Library 3.0 SEER 16.0 VAV 0.8 Natural Gas 49,000 80% 26.09 2,632 39 Equipment-13 Community
Center 3.0 SEER 16.0 VAV 0.75 Natural Gas 49,000 80% 53.35 3,106 30

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Furnace
Type
Heating
Output
BTU or
Heating
Output
kW for
Electric
Gas
Furnace -
Thermal
Efficiency
%
PostRetrofit
Electric
Demand
(kWpost)
Post-Retrofit
Electric
Consumption
(kWhpost)
Post-Retrofit
Natural Gas
Consumption
(Thermspost)
Equipment-14 Community
Center 3.0 SEER 16.1 VAV 0.36 Natural Gas 49,000 80% 86.84 3,481 44 Equipment-15 Community
Center 5.0 SEER 16.0 VAV 1.00 Natural Gas 73,000 80% 101.69 5,016 60 Equipment-16 Community
Center 7.5 IEER 13.8 VAV 1.24 Natural Gas 73,000 80% 118.31 6,606 75 Equipment-17 Community
Center 7.5 IEER 13.8 VAV 1.24 Natural Gas 73,000 80% 118.49 6,623 75 Equipment-18 Public Works 5.0 SEER 16.1 VAV 0.88 Natural Gas 49,000 80% 42.79 2,520 3
Equipment-19 Public Works 5.0 SEER 16.1 VAV 0.88 Natural Gas 49,000 80% 42.79 2,520 3
Equipment-20 Public Works 8.5 IEER 13.8 VAV 1.75 Natural Gas 73,000 80% 67.96 4,631 5
Equipment-21 Public Works 8.5 IEER 13.8 VAV 1.75 Natural Gas 73,000 80% 67.96 4,631 5
Equipment-22 Public Works 8.5 IEER 13.8 VAV 1.75 Natural Gas 73,000 80% 67.96 5,869 5
Equipment-23 Public Works 10.0 IEER 12.7 VAV 2.30 Natural Gas 89,000 80% 87.11 5,869 6
Equipment-24 Public Works 10.0 IEER 12.7 VAV 2.30 Natural Gas 89,000 80% 87.11 5,869 6
Equipment-25 Community
Center 7.5 IEER 13.8 VAV 1.33 Natural Gas 73,000 80% 59.51 12,025 58

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Savings Calculations:

Energy (kWh) Savings:
kWhs = kWhpre - kWhpost
Where:
kWhS = Annual electric savings
Energy (kW) Savings:
kWhs = kWpre - kWpost
Where:
kWhS = Annual demand savings
Energy (Therms) Savings:

ThermS = Thermpre - Thermpost
Where:

ThermS = Annual natural gas savings
Formulas for Cost Savings:
$S = (kWhS x $/kWh) +(kWS x $/kW) + ( ThermS x $/Therm) Where:
$S = Annual cost savings
$/kWh = Electricity unit cost per kWh as defined in Article 6 of this Exhibit C
$/kW = Demand units cost per kW as defined in Article 6 of this Exhibit C $/Therm = Natural gas units cost per therm as defined in Article 6 of this Exhibit C

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Economizer Controls
Location(s):

City Hall/Library, Bedwell Hall, Community Center/Clare Street Park, Public Works/Lugo Park
Overview:

Electric energy savings will result from using outdoor air for cooling instead of mechanical cooling when the temperature of the outdoor air is below the outdoor air set point. Verification of energy savings will be based on verification of manufacturer’s specification which includes economizer controls.

If the contracted baseline operation for this equipment, as established in Article 7 of this Exhibit C, is modified by the CLIENT and results in a loss of energy savings, the guaranteed savings for this FIM will be deemed achieved as if the contracted baseline was followed.

Pre-Retrofit Variables:

Table 4.2.4.1 - Pre-Retrofit Equipment Conditions

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Economizer
(None/
Temperature)
Pre-Retrofit
Electric
Consumption
(kWhpre)
Equipment-1 City Hall/
Library 2.0 SEER 13.1 CV 0.13 None 4,056
Equipment-2 City Hall/
Library 3.0 SEER 13.0 CV 0.25 None 5,258
Equipment-3 City Hall/
Library 10.0 EER 10.1 CV 3.00 None 13,377
Equipment-4 City Hall/
Library 10.0 EER 10.1 CV 3.00 None 13,363
Equipment-5 Bedwell Hall 2.0 SEER 13.0 CV 0.13 None 1,761 Equipment-6 Bedwell Hall 4.0 SEER 13.0 CV 0.33 None 4,456 Equipment-7 Bedwell Hall 5.0 EER 11.0 CV 1.50 None 4,620 Equipment-8 Bedwell Hall 5.0 EER 11.0 CV 1.50 None 4,620 Equipment-9 Bedwell Hall 7.5 EER 10.1 CV 2.00 None 8,193 Equipment-10 City Hall/
Library 2.0 SEER 13.0 CV 0.50 None 2,335
Equipment-11 City Hall/
Library 2.0 SEER 13.0 CV 0.50 None 2,335
Equipment-12 City Hall/
Library 3.0 SEER 13.0 CV 0.25 None 2,632
Equipment-13 Community
Center 3.0 SEER 13.0 SAV 0.50 None 3,106
Equipment-14 Community
Center 3.0 SEER 13.0 CV 0.25 None 3,481
Equipment-15 Community
Center 5.0 EER 10.1 CV 1.50 None 5,016
Equipment-16 Community
Center 7.5 EER 8.9 CV 1.50 None 6,606
Equipment-17 Community
Center 7.5 EER 10.1 CV 2.00 None 6,623
Equipment-18 Public Works 5.0 EER 11.0 CV 1.50 None 2,520 Equipment-19 Public Works 5.0 EER 11.0 CV 1.50 None 2,520 Equipment-20 Public Works 8.5 EER 10.8 CV 3.63 None 4,631 Equipment-21 Public Works 8.5 EER 10.8 CV 3.63 None 4,631 Equipment-22 Public Works 10.0 EER 10.1 CV 3.00 None 5,869 Equipment-23 Public Works 10.0 EER 10.1 CV 3.00 None 5,869 Equipment-24 Public Works 10.0 EER 10.1 CV 3.00 None 5,869

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Economizer
(None/
Temperature)
Pre-Retrofit
Electric
Consumption
(kWhpre)
Equipment-25 Community
Center 7.5 EER 10.1 CV 2.00 None 12,025
Post-Retrofit Variables:

Table 4.2.4.2 - Post-Retrofit Equipment Conditions
ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Economizer
(None/
Temperature)
Post-Retrofit
Electric
Consumption
(kWhpost)
Equipment-1 City Hall/
Library 2.0 SEER 15.0 VAV 2.0 None 4,056
Equipment-2 City Hall/
Library 3.0 SEER 15.0 VAV 3.0 None 5,258
Equipment-3 City Hall/
Library 10.0 IEER 22.0 VAV 10.0 None 13,377
Equipment-4 City Hall/
Library 10.0 IEER 22.0 VAV 10.0 Temperature 8,278
Equipment-5 Bedwell Hall 2.0 SEER 15.0 VAV 2.0 None 1,939 Equipment-6 Bedwell Hall 4.0 SEER 15.0 VAV 4.0 None 3,914 Equipment-7 Bedwell Hall 5.0 SEER 15.0 VAV 5.0 Temperature 4,535 Equipment-8 Bedwell Hall 5.0 SEER 15.0 VAV 5.0 Temperature 4,535 Equipment-9 Bedwell Hall 7.5 IEER 22.5 VAV 7.5 None 6,869 Equipment-10 City Hall/
Library 2.0 SEER 15.0 VAV 2.0 None 1,660
Equipment-11 City Hall/
Library 2.0 SEER 15.0 VAV 2.0 None 1,660
Equipment-12 City Hall/
Library 3.0 SEER 16.0 VAV 3.0 None 2,231
Equipment-13 Community
Center 3.0 SEER 16.0 VAV 3.0 None 3,106
Equipment-14 Community
Center 3.0 SEER 16.1 VAV 3.0 None 3,378
Equipment-15 Community
Center 5.0 SEER 16.0 VAV 5.0 Temperature 4,589
Equipment-16 Community
Center 7.5 IEER 13.8 VAV 7.5 Temperature 6,053
Equipment-17 Community
Center 7.5 IEER 13.8 VAV 7.5 Temperature 6,068
Equipment-18 Public Works 5.0 SEER 16.1 VAV 5.0 Temperature 1,949 Equipment-19 Public Works 5.0 SEER 16.1 VAV 5.0 Temperature 1,949

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficiency
Value
Supply
Fan
Control
Fan
HP
Economizer
(None/
Temperature)
Post-Retrofit
Electric
Consumption
(kWhpost)
Equipment-20 Public Works 8.5 IEER 13.8 VAV 8.5 Temperature 3,112 Equipment-21 Public Works 8.5 IEER 13.8 VAV 8.5 Temperature 3,112 Equipment-22 Public Works 8.5 IEER 13.8 VAV 8.5 Temperature 3,112 Equipment-23 Public Works 10.0 IEER 12.7 VAV 10.0 Temperature 4,004 Equipment-24 Public Works 10.0 IEER 12.7 VAV 10.0 Temperature 4,004 Equipment-25 Community
Center 7.5 IEER 13.8 VAV 7.5 Temperature 6,128
Savings Calculations:

Energy (kWh) Savings:
kWhs = kWhpre - kWhpost
Where:
kWhS = Annual electric savings
Formulas for Cost Savings:
$S = (kWhS x $/kWh)
Where:
$S = Annual cost savings
$/kWh = Electricity unit cost per kWh as defined in Article 6 of this Exhibit C $/kW = Demand units cost per kW as defined in Article 6 of this Exhibit C $/Therm = Natural gas units cost per therm as defined in Article 6 of this Exhibit C

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Option B - Retrofit Isolation: All Parameter Measurement Solar Photovoltaic
Location(s):

City Hall, Community Center/Clare Street Park and Public Works/Lugo Park Description:

Electrical energy savings will be achieved by the production of electricity by the solar photovoltaic panels. Verification of these energy savings will be based on 15-minute trend intervals of actual electricity production (kWh) and solar insolation (kWh/m2).

There may be changes in the production of electricity for which a calculated adjustment is necessary. Actual production will be adjusted to reflect the average sunlight conditions used to establish the guarantee based on the overall efficiency with which sunlight is converted to electricity by the installed system. This conversion efficiency is known as the performance ratio and will be determined based on the contracted rated system power capacity (kW-dc) and continuous monitoring of generated electricity (kWh) and solar insolation (kWh/m2). Actual production is adjusted to average sunlight conditions because the power capacity of the installed array is guaranteed although availability of sunlight is not.

If Siemens is unable to obtain solar insolation (kWh/m2) data through the data acquisition system, Siemens reserves the right to utilize global horizontal irradiance data from Solargis (or equivalent) and convert it to plane of array to determine the adjusted actual production.

If the maintenance for the photovoltaic system, as established in Article 4 of Exhibit A, is terminated by the CLIENT, the guaranteed savings for this FIM will be deemed achieved.

The guaranteed savings for this FIM assumes SCE will, no later than completion of the FIM, approve the rate switch for the Public Works main meter, noted under 6.1.1B in Article 6.

Post-Retrofit Measurements\Calculations:

EAdj = PRact * GEXP * P
PRAct = E/(G * P)
Where:

EAdj = Monthly adjusted actual production (kWh)

Siemens Smart Infrastructure (SI)
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Restricted Use

PRAct = Actual monthly system performance ratio (%) reflecting overall sunlight to electricity conversion
GEXP = Total monthly expected solar insolation in the plane of array (kWh/m2), as per Table 4.3.#.#
P = Contracted rated system power capacity = [#] kWdc
E = Actual monthly production of solar array (kWh), measured continuously via Data Acquisition System
G = Monthly solar insolation (kWh/m2), measured continuously via Data Acquisition System
Table 4.3.1.1 - City Hall Monthly Insolation (GEXP), Monthly Performance Ratio, and Guaranteed Annual Performance Ratio for Annual Period 1 Month
Expected Monthly
Solar Insolation
(GEXP, kWh/m2)
Guaranteed System
Performance Ratio
(PR)
Annual Guaranteed
Performance Ratio
Degradation (%)
January 101.4 68.1%
.5%
February 100.3 69.8%
March 160.5 70.8%
April 192.5 71.8%
May 208.7 71.1%
June 196.7 70.9%
July 231.9 71.0%
August 209.4 70.4%
September 172.3 69.2%
October 137.9 67.7%
November 105.1 66.9%
December 84.4 66.3%
Total 1,901.1 69.9% .5%
Table 4.3.1.2 - City Hall Guaranteed Annual Performance Ratio and Electricity Generation (kWh) for each Annual Period
Year Annual Guaranteed
Performance Ratio (PR)
Expected Solar PV
System Electricity
Generation (kWh)
Annual Period 1 69.9% 76,456
Annual Period 2 69.6% 76,074
Annual Period 3 69.2% 75,694

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Energy and Performance Services (EPS)
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Table 4.3.1.3 - Lugo Park/Public Works Monthly Insolation (GEXP), Monthly Performance Ratio, and Guaranteed Annual Performance Ratio for Annual Period 1 Month
Expected Monthly
Solar Insolation
(GEXP, kWh/m2)
Guaranteed System
Performance Ratio
(PR)
Annual Guaranteed
Performance Ratio
Degradation (%)
January 119.6 76.1%

0.50%
February 113 78.0%
March 175.3 78.2%
April 203 77.9%
May 216.3 77.0%
June 204.5 76.5%
July 238.3 76.1%
August 221.4 76.1%
September 189.8 76.7%
October 154.6 76.9%
November 124.3 75.8%
December 100.8 74.4%
Total 2,060.9 76.7% 0.50%
Table 4.3.1.4 - Lugo Park/Public Works Guaranteed Annual Performance Ratio and Electricity Generation (kWh) for each Annual Period
Year Annual Guaranteed
Performance Ratio (PR)
Expected Solar PV
System Electricity
Generation (kWh)
Annual Period 1 76.7% 42,203
Annual Period 2 76.3% 41,992
Annual Period 3 75.9% 41,782
Table 4.3.1.5 - Community Center/Clara Park Monthly Insolation (GEXP), Monthly Performance Ratio, and Guaranteed Annual Performance Ratio for Annual Period 1 Month
Expected Monthly
Solar Insolation
(GEXP, kWh/m2)
Guaranteed System
Performance Ratio
(PR)
Annual Guaranteed
Performance Ratio
Degradation (%)
January 119.6 76.6%

0.50%
February 113 78.5%
March 175.3 77.0%
April 203 75.0%
May 216.3 74.3%
June 204.5 74.1%
July 238.3 73.8%
August 221.4 74.4%
September 189.8 75.9%
October 154.6 77.0%
November 124.3 76.1%
December 100.8 74.9%
Total 2,060.9 75.4% 0.50%

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Table 4.3.1.6 - Community Center/Clara Park Guaranteed Annual Performance Ratio and Electricity Generation (kWh) for each Annual Period
Year Annual Guaranteed
Performance Ratio (PR)
Expected Solar PV
System Electricity
Generation (kWh)
Annual Period 1 75.4% 65,254
Annual Period 2 75.0% 64,928
Annual Period 3 74.6% 64,603
Savings Calculations:

Electric Energy Savings (kWh/yr.):
kWhS = Σ{EAdj}summed for each month of the annual period Cost Savings ($/yr.):
$S = kWhS * $/kWh,x
Where:
kWhS = Annual electric savings (kWh/yr.)
$S = Annual cost savings
$/kWh = Contracted unit price for electricity at each location as per Article 6 of this Exhibit C

Restricted Use

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Option E - Stipulated-Energy/Utility Savings
Transformer Replacement
Location(s): City Hall and Bedwell Hall
Overview:

SIEMENS will replace four (4) existing low voltage transformers with four (4) new high efficiency transformers at the City Hall (3) and Bedwell Hall (1). Electric energy savings result from reduced energy losses associated with the transformers.

Pre-Retrofit Equipment Losses:

City Hall BasekWhpre,Loss,n = 13,157 kWh
Bedwell BasekWhpre,Loss,n = 6,837 kWh
Post-Retrofit Equipment Losses:

City Hall Post kWhpre,Loss,n = 1,929 kWh
Bedwell Post kWhpre,Loss,n = 1,067 kWh
Table 4.4.1.1 - Transformer Post-Retrofit Parameters
Location Proposed
Transformer
Size
(kVA)
Post-Retrofit
No Load
Losses, NLL (W)
Post-Retrofit
Full Load
Losses, FLL
(kW)
ON %
Loading
OFF %
Loading
City Hall E-Saver-80R 15 35 775 13% 4%
City Hall E-Saver-80R 25 57 674 9.8% 5%
City Hal E-Saver-80R 75 111 2,537 10.4% 5%
Bedwell Hall E-Saver-80R 75 111 2,537 10.4% 5%
Where:

NLL = Post-retrofit no load losses (kW), as per Table 4.4.1.1 FLL = Post-retrofit full load losses (kW), as per Table 4.4.1.1 ON% = Post-retrofit kW losses during on-peak loading for transformer ‘n’ OFF% = Post-retrofit kW losses during off-peak loading for transformer ‘n’

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Savings Calculations:

Electricity Savings (kWh/yr.):
kWhS = ∑ {(kWhpre,Loss,n - kWhpost,Loss,n)}for each transformer ‘n’ City Hall kWhS = 11,228
Bedwell kWhS = 5,770
Cost Savings ($/yr.):
$S = kWhS * $/kWhx
Where:
kWhS = Annual electric energy savings (kWh/yr.)
$S = Annual cost savings
$/kWh = Electric energy cost per kWh, as defined in Article 6 of this Exhibit C

Siemens Industry, Inc.

Why Siemens?
Why Siemens?

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Why Siemens?
Siemens Smart Infrastructure
Siemens is a global powerhouse focusing
on the areas of electrification, automation,
and digitalization. One of the world's
largest producers of energy-efficient,
resource-saving technologies, Siemens is a
leading supplier of systems for
infrastructure, energy, mobility, industrial
modernization, and medical solutions.

Siemens Smart Infrastructure Division (SI) is
shaping the market for intelligent, adaptive
infrastructure for today and the future. It
addresses the pressing challenges of
urbanization and climate change by connecting energy systems, buildings, and industries. SI provides customers with a comprehensive end-to-end portfolio from a single source - with products, systems, solutions, and services from generation all the way to consumption. With an increasingly digitalized ecosystem, it helps customers thrive and communities progress while contributing toward protecting the planet.
 Smart Grids + Smart Buildings = Smart Infrastructure
 Smart Infrastructure brings together energy systems - from the intelligent control across the grid to medium-voltage distribution system, through a broad range of low-voltage and control products, to the point of consumption - with Siemens’ broad portfolio of building technologies.
 At the point of connection between the grid and buildings - at the grid edge - there are exciting emergent markets including prosumption (producer/consumer who engages in production/consumption), electric vehicle infrastructure, energy storage and microgrids.  We will combine physical solutions and digitalization across the focus areas of electrification and automation.
 Siemens in the U.S. reported revenue
of $23.7B, including $5B in exports,
and employs approximately 50,000
people throughout all 50 states.
 Siemens has over 350 offices in U.S.
across the product and service
portfolio, making us a national as well
as a local partner, regardless of where
customer operations are sited.

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

 For the past 170 years, Siemens has been at the forefront of innovation and technology in the U.S. In just the past 15 years, Siemens has invested approximately $40B in the U.S., invests more than $1B a year in research and development, and spends over $50M annual to train its existing workforce.
 Siemens is using its global leadership in engineering and technology innovation to meet America’s toughest challenges. Siemens’ technical expertise, comprehensive portfolio and long-standing experience are helping to pioneer a sustainable future across the globe.

Our solutions enable America’s buildings to be more comfortable, secure, and environmentally friendly as well as less costly to operate.  As shown on the graph below, Siemens’ Moody’s A1 credit rating is the highest among major competitors in the energy services, performance-solutions industry. This means that not only will the taxpayers of City of Cudahy receive the best financing options available for this project, but their long-term investment will be protected by the strong financial integrity of Siemens. Compared to smaller ESCO’s and/or more regional competitors who have only recently entered this industry, Siemens’ 170-year track record in energy and energy related industries ensures a responsibly designed project and offers the security that Siemens will be around throughout the entire term of this project.

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

As an ESCO, Siemens has developed and constructed more than 1,200 guaranteed energy savings as performance contracts over the past 24 years and helped our customers realize more than $2B in energy savings. On average, our customers realize 107% of predicted savings and our shortfall payments to customers are less than 0.2% of the gross value of our savings guarantees.
 Under a single company umbrella, Siemens will guide you from the very planning stages of upgrading your energy infrastructure through design and implementation, wrapped with the most comprehensive suite of financing and asset ownership options in the market. Once the project is commissioned, we provide service and asset monitoring, including an expanding suite of our digital services, to both optimize asset performance, and reduce maintenance cost throughout the lifecycle.
 Siemens has earned the highest level of accreditation from the National Association of Energy Service Companies (NAESCO).
 Siemens offers its customers 24/7 technical support services and after-hours call handling and service dispatch from our local branch.

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Siemens is Recognized as a Leader Amongst Other ESCOs
Guidehouse (Navigant) ESCO Leaderboard (May 2020)
Quotes from the Navigant Report (May 2020)
“The company uses its legacy ESCO framework and new Siemens Smart Infrastructure consolidation to develop comprehensive customer energy solutions and an expanded scope of DES technology options. Siemens’ strategic approach is based on a reduce, produce, procure, delivery framework. “
“The company (Siemens) is well-positioned to expand financing and technology offerings to traditional ESPC customer segments given the scope of EaaS solutions that it offers. The company’s position in the Leaderboard is also supported by its ability to provide innovative and customized financing solutions through Siemens Financial Services, including building efficiency as a service, PPAs, and others.”

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Energy Solutions Financial Performance
 Siemens is a vertically integrated and comprehensive energy services provider. Our financial offerings are as comprehensive as our product portfolio and take care of individual customer needs: from designing a solution to financing energy assets, to managing and maintaining them over the project lifetime.  Siemens has executed more than $3B in performance contracts, the majority of which have been financed.
 Siemens is the only ESCO with its own Finance Division, Siemens Financial Services, which provides highly competitive rates and structural flexibility to our customers. This may allow us to offer funding structures unavailable to our competition.  Globally, Siemens is monitoring the performance of more than 50,000 buildings globally.  Siemens has negotiated tens of billions of dollars in energy supply contracts on behalf of our customers.

Energy Solutions Sales (Total U.S. EES Order Intake*):

Fiscal Year Sales ($ Million)
2001 $155
2002 $200
2003 $163
2004 $237
2005 $237
2006 $356
2007 $254
2008 $345
2009 $251
2010 $345
2011 $344
2012 $332
2013 $407
2014 $257
2015 $238
2016 $292
2017 $327
2018 $292
2019 $547
2020 $248
2021 $159

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Siemens Is Recognized in America For Innovation,
Technology, Sustainability &
Diversity
 Fortune World’s Most Admired
Companies 2020
 LGBTQ Corporate Quality Index 2020
 Forbes 2019 America’s Best Large
Employers
 Dow Jones Sustainability Index
 2019 HIRE Vets Medallion Award (Gold)
 U.S. Veterans Magazine Best of the Best 2020
 Fast Company World Changing Idea Awards
 Universum’s Top 50 Employer Award
 Forbes Best-In-State Employer (FL, IA, MA, NY,
TX)
 HBCU’s Top Supporters 2020
 Fast Company Best Workplaces for Innovators
 Forbes’ America’s Best Employers for New
Grads 2019
 #2 on 2019 Carbon Clean 200
 Fortune’s Global 500 List
 The 15 Coolest Industrial IoT Companies (CRN)
 Forbes Best Employer for Diversity 2020
 The Transformation 20: Top Global Companies
Leading Strategic Transformations
 IPO’s Top 300 Organizations
 Global 100 World’s Most Sustainable Corp

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

Organizations and Memberships
SI is an active member in several leading industry associations at a national and/or local level, including:
 Accredited through the National Association of Energy Services Companies (NAESCO)  United States Green Building Council (USGBC)
 ENERGY STAR Partner
 Clinton Climate Initiative C40 Large Building Retrofit Program  Alliance to Save Energy (ASE)
 National Leadership Circle Partner with the Building Owner’s and Manager’s Association (BOMA)
 The Green Grid
Data Centers
 AFCOM
 7x24 Exchange
Higher Education
 National Association of College and University Business Officials (NACUBO)  Association of Physical Plant Administrators (APPA)
 Second Nature
 International District Energy Association (IDEA)
State and Local Government
 United States Conference of Mayors (U.S. CoM)
 International City/County Management Association
 Community Leaders of America (Republican Mayors)
 Democratic Governors Association
 National Conference of State Legislatures
 Republican Governors Association
 Smart Cities Council
 STAR Communities
 US Sustainability Directors Network (USDN)
 Resilient Cities 100

Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use

 Alliance for Innovation
K-12 Schools
 National School Boards Association (NSBA)
 Association of School Business Officials (ASBO)
Healthcare
 American Society for Healthcare Engineering (ASHE)
 Healthy Energy in Healthcare Coalition
 Healthcare Financial Management Association
 Health Information Management Systems Society

Siemens Industry, Inc.
6141 Katella Ave.

Cypress, CA 90630
Ernest Kim
(714) 425-7140
[email protected]

RESOLUTION NO. 22-49

A RESOLUTION OF THE CITY OF CUDAHY

CALIFORNIA, APPROVING AN APPROPRIATION FOR

ITS CITY-WIDE ENERGY EFFICIENCY FACILITIES
MODERNIZATION PROJECT FOR FISCAL YEAR 2022-
2023
WHEREAS, the City-Wide Energy Efficiency Facilities Modernization Project is crucial to offsetting rising energy and operating costs through energy savings as well as completing two major projects identified in the City’s Capital Improvement Plan; and WHEREAS, on November 2, 2021, City Council authorized the city manager to execute a letter of intent with Siemens Industry, Inc. (Siemens) to proceed with the detailed study of the Renewable and Energy Efficiency Program; and
WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 22-31 Fiscal Year 2022-2023 City’s Budget.

WHEREAS, on August 1, 2022, Siemens provided its Investment Grade Audit Detailed Study Report to City staff; and
WHEREAS, on August 16, 2022, the City Council is being recommended to approve an agreement with Siemens to fund a City-Wide Energy Efficiency Facilities Modernization Project for Fiscal year 2022-2023; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy, California, as follows:

SECTION 1. The City Council hereby approves an appropriation in the amount Not to Exceed of six million five hundred thousand ($6.5 million) dollars to fund a City-Wide Energy Efficiency Facilities Modernization Project for Fiscal year 2022-2023. $5.1 million will be financed through tax exempt lease financing. Approximately $1.4 million of (one-time) reimbursed ARPA funds will be used to cover the difference between the total project cost and total amount financed.

SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 16th day of August 2022.

Attachment C Page 226 of 391
Resolution No. 22-XX

Elizabeth Alcantar
Mayor
ATTEST:

Richard Iglesias, CMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-49 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 16th day of August, 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the Seal of the City of Cudahy, this 16 day of August, 2022.
_______________________________________
Richard Iglesias, CMC
City Clerk

Attachment D Page 228 of 391

1 SIEMENS ASSET MAINTENANCE SERVICES

PROGRAM
for the City of Cudahy
Date: August 16th, 2022
Attachment E Page 230 of 391
2 Property Notice
The contents of this document are property of Siemens Industry, Inc. (“Siemens”), its affiliates, and respective customers. It is submitted to CUSTOMER, to evaluate the desirability of contracting Siemens to collaborate with CUSTOMER, in managing and maintaining the Solar PV systems located at the City of Cudahy. Siemens’ pricing information contained on page 14 herein is deemed to be confidential and proprietary.

If you have any questions, please contact Luis Barroso, [email protected].

3 Contents
Cover Letter 4
Introduction 5
Company Information 6
Service Capabilities 8
Customer Support 10
Assumptions 12
Pricing 14
Signature Page 15
Appendices 16

4 Cover Letter
Date 8/16/2022
Alfonso Noyola - City Manager
City of Cudahy
5220 Santa Ana St., Cudahy, CA 90201
Siemens Industry, Inc., through its Regional Solutions & Services Americas Business Unit, (‘Siemens”) is excited to submit this offer in light with the identified needs of the three solar arrays. In line with market best practices, we are planning one (1) planned site visit per year to ensure the early detection of any possible technical issues and the mitigation of operational risks.

As experts in the entire electrification and energy conversion chain, generating and/or delivering more than onethird of all the electricity produced in the US, as well as in the management and service of Distributed Energy Resources including assets like solar PV, storage, internal combustion engines and microgrids, Siemens is extremely well positioned to become partner of choice on this and future projects.

Respectfully,
Name: Luis Barroso
Title: Asset Management & Service
Address: 9225 Bee Cave Rd, Austin TX
Mobile: +1 737 701-0335

5 Introduction

SMART ENERGY EXPERIENCE AND CAPABILITIES
Founded over 170 years ago, Siemens, through its global affiliates, is a global powerhouse focusing on the areas of electrification, automation, and digitalization. One of the world's largest producers of energy-efficient, resourcesaving technologies, Siemens is a leading supplier of systems for energy management and power generation, and advanced transportation solutions. Siemens in the U.S. reported revenue of $23.7 billion, including $5.0 billion in exports, and employs approximately 50,000 people throughout all 50 states.

Siemens has over 350 offices in US across the product and service portfolio, making us a national as well as a local partner, regardless of where customer operations are sited.

On behalf of our customers, Siemens has successfully:
• Managed, executed and commissioned 3,000 projects in the past 15 years. • Provided over $3 billion in energy and operational savings while effectively providing over 700,000 tons of CO2 emissions reductions for our valued customers.
• Deployed 21 GWs of wind and over 1.6 GWs of solar PV. • The world’s largest provider of renewable + storage solutions (Fluence joint venture) • Developed industry leading technologies for micro-gird controllers/ demand response/ peak shaving/eMobility
• Given low lifecycle costs and an excellent return on investment to our customers • Delivered technology that delivers high efficiency and outstanding reliability while maintaining a small footprint
As experts in the entire electrification and energy conversion chain, Siemens generates or delivers more than onethird of all the electricity produced in the US and is leading the energy sector in the complexities of moving to distributed generation and optimized integration of renewables.

Siemens, itself and through its affiliated companies, offers one of the broadest portfolios of generation assets in the market, including: solar photovoltaic and concentrated solar power, wind, gas turbines, steam turbines and power conversion systems for electric energy storage. Siemens also has control systems with the ability to aggregate and economically optimize the dispatch of distributed generation resources for both electricity and heat production.

Siemens takes a broad view of microgrid infrastructure and includes the generation, distribution, and consumption of electricity. Siemens can leverage its entire portfolio to tackle challenges of the system.

6 Company Information
Company Information
Company Name Siemens Industry, Inc
Company Headquarters Address Siemens Industry, Inc. 1000 Deerfield Parkway, Buffalo Grove, IL 60089
Company Main Phone Number (800) 877-7545
Company Website www.usa.siemens.com
Year Founded Over 170 years. The founding company of Siemens Industry, Inc. was started in 1891.

Sales Point of Contact
Full Name Ernest Kim
Title Account Manager
Phone number (714) 425-7140
Email address [email protected]
Technical Point of Contact
Full Name Luis Barroso
Title Asset Management & Service
Phone number +1 (737) 701-0335
Email address [email protected]

7 COMPANY BIOGRAPHY
Siemens has a long history of implementing energy projects that provide energy and operational savings as well as CO2 emissions reductions for our valued customers. In the last 15 years Siemens has managed, executed, and commissioned over 3,000 projects representing in excess of $3 billion in guaranteed savings. Additionally, Siemens has deployed over 1.6 GW of solar PV and supported microgrid projects in 16 countries.

Also, part of the Siemens “ecosystem”, Siemens established a new team, aimed to cover the end to end lifecycle of DER assets, from design to decommission, the Distributed Energy Systems (“DES”) team. This global and regional organization is structured to focus the capabilities and resources of Siemens on providing our customers the most advanced and comprehensive DES
solution set. Onsite power generation including Solar PV and cogeneration, energy storage and microgrid controls are the foundation for distributed energy. DES is the opportunity resulting from the shift away from a centralized to decentralized electrical grid. A wider uptake of DES can also deliver significant economic, social and environmental co-benefits through better system resilience and efficiency, including lower cost grid balancing, reduced greenhouse gas emissions and affordable extension of grids to unconnected communities.

Siemens DES approach is designed to be industry leading in both breadth and depth. In addition to our portfolio of technologies (as illustrated to the right) across generation, transmission, storage, control and optimization, Siemens provides the expertise to support our customers DES objectives by providing:
• Consulting services
• Project development
• Construction management
• Energy management
• Financing solutions (including energy savings performance contracting) • Asset ownership models (via solar PPA1 or generation DBOOM2 structures) • Operations and maintenance
• Asset Management
Our mission is simple: provide solutions that enable our customers to implement, run, and optimize distributed energy systems that meet their specific goals. We understand that every customer will have their unique set of challenges and objectives. We bring to the table expertise from across the energy spectrum to address these and provide a customized solution.
1 PPA – power purchase agreement 2 DBOOM – Siemens roles includes design, build, own, operate and maintain

8 Siemens will deploy a highly qualified and experienced “core” project team to service the three CUSTOMER Solar PV installations. Additionally, the Siemens team will engage, on an on-demand basis, local experts in Solar PV for quick response.

Having the benefit of talented staff, supported by unparalleled global resources, Siemens has the strongest talent pool within the industry and a minimal turnover record when compared to industry averages.

In addition to adequate staffing levels, our teams utilize company-supported platforms for systems, processes and procedures that are used in the development, implementation and management of projects. Since all teams use the same tools and processes, Siemens can support a project and maintain a consistent deliverable throughout the term of the project.

Siemens tenured professionals assigned to the project team will have provided expertise to numerous local and national projects. This team of business managers, engineers and project managers has implemented some of the most successful and innovative projects in the country.

Service Capabilities
Siemens has been providing Operation & Maintenance (O&M) services for solar power plants for more than 20 years. We have installed more than 1.6 GWs of PV globally. Siemens has hundreds of assets under management although we don’t keep a rolling tab on the exact number of systems or MWs because of the total breadth of the organization. In doing so, we have leveraged extensive corporate experience, infrastructure, and processing in serving a broad range of complex, conventional and renewable power plants globally. Our O&M solar services

9 experience has allowed us to develop maintenance friendly products, best matching solutions and diagnostic technologies that minimize plant downtimes and maximize energy yield.

Implementing an effective digital service
strategy around a solar PV installation is
critical to provide visibility into ongoing
performance, cost-efficiently operating and
maintaining the solar PV, and ensuring
performance outcomes for the stakeholders.

Siemens operates a digital service center in
Austin, TX is interconnected to our distributed energy projects, employs over 200 people, and monitors over 40,000 connections. Digitalization is foundational to our asset management approach supporting intelligent decision making and predictive, not reactive, maintenance practices. We work with our customers to design a custom suite of digital services that include monitoring, remote, and cloud-based analytical services designed to meet the individual objectives of each customer.

This asset management strategy will be supported by our local field service network, with in-house and 3rd party partners. This responsive workforce is:
• On-call 24/7 to respond immediately and help get your systems up and running • Fully-trained, certified specialists that safely maintain electrical systems and components • Knowledgeable of key standards including IEEE, ANSI, NEC and OSHA Remote Services
Monitoring Services Data Driven Services
Performance Assurance Services
Action
Remote resolution;
Your Time / Your Money
Analyze
Apply advanced analytics;
create new insights
Assure
Validate performance;
ensure persistence of savings
Alert
Alarm management;
24/7/365

10 Customer Support
24/7 support for daily Asset Management and O&M activities will be provided through Siemens Customer Service Center, based out of Dallas, TX. Contact at:
[email protected]
or
(844) 280-8292.

SERVICE SOLUTIONS
Inspection and General Maintenance Services
Siemens qualified technicians will provide on-site inspection and general maintenance services for all system components installed and commissioned as part of the Solar PV. This service includes annual on-site inspections for all components of the system and verification that all connections are secure and operational.

System inspections will be performed once in a 12-month period. Throughout the year, our technicians will be onsite or remotely connected to the system to monitor system uptime.

WARRANTY MANAGEMENT SERVICES
Siemens will facilitate the “return merchandise authorization” (RMA) process, on behalf of the asset owner, and coordinate replacement of the failed component with the replacement provided by the manufacturer. Costs associated with the administration of this process are included in the maintenance program, see Appendix B for additional services.

REMOTE MONITORING /TROUBLESHOOTING SERVICES
This service is done remotely using a monitoring software system and a 24/7 Remote Operations Center (ROC) located in Dallas, TX.

Normally, in Fault Management (Incident Management), several roles and support levels interact:
• With the help of monitoring of alarms the ROC detects a fault. SIEMENS shall be responsible for opening a “ticket” and coordinate the various actions of troubleshooting. SIEMENS will collect as much information and diagnostics as possible to establish initial documentation, categorize the issue and potentially resolve it remotely (for example, by rebooting the communication systems remotely). This represents 1st level Support. The incident is then tracked until resolved.
• If this doesn’t resolve the issue or the fault cannot be categorized with a predetermined resolution, the ROC agent may call a field technician. The agent will try to analyze and resolve the fault on-site. The agent may contact the failed component supplier’s hotline to help with the diagnosis. • If the resolution of an incident requires special expertise or access, ROC agent might need to contact experts (in-house, suppliers or third party’s experts). • When the fault is resolved, the ROC closes the ticket.

PREVENTATIVE MAINTENANCE SERVICES

11 Siemens’ technicians, and/or field service partners, will provide preventative maintenance in accordance with Appendix A – Preventative Maintenance Plan which includes one (1) site visit per year.

CORRECTIVE MAINTENANCE SERVICES
Corrective maintenance, also referred to as unplanned, might be delivered (if possible) remotely, e.g. resetting inverter unit, or on site, e.g. replacing fuses or other components. In any case, these services shall be charged on a T&M basis according to the Appendix B– Additional Services.

ADDITIONAL SERVICES
Additional services such as module washing, or landscaping are not covered within the scope of this offer but costs for this service can be provided upon request.

SPARE PARTS
To maximize uptime, Siemens will suggest a list of components to the asset owner to make available to the O&M team. These spare parts would be an additional cost, and are not included.

12 Assumptions
For the delivery of the services described on this offer we assume:
• Access to internet, complying with market’s cybersecurity protection standards, is available:
• -24/7 access to the solar PV facility
• -On demand, on-site support to perform a basic visual survey (enabling remote troubleshooting) Basic virtual training (1 hour) to personnel on the remote monitoring tool. i. 24/7 Helpdesk
Support team available via email or telephone
The following items services are NOT included under the scope of the offer:
i. Spare parts or equipment: This offer does not include any supply of spare parts, equipment, or consumables.
ii. Labor for corrective maintenance or major equipment replacement In the event of a failure, any labor costs associated with the repair and/or removal and replacement will be charged at the current Time and Material (“T&M”) rates. If applicable, material replacement costs will be supported by the manufacturer warranty (subject to the manufacturer’s warranty terms) and all administrative costs for Siemens to process the RMA request are supported under this maintenance program. iii. Network Infrastructure
Labor and/or material costs associated with the maintenance and repair of the internet, wireless, Ethernet, communications and IT infrastructure will be charged at the current T&M rates. iv. Electrical Infrastructure
Labor and/or material costs associated with the maintenance and repair of the electrical infrastructure supporting the Solar PV will be charged at the current T&M rates.
v. General site maintenance
PV module washing, snow removal, road maintenance, vegetation abatement is excluded from scope. Upon request, Siemens can present a solution with a service partner, knowing that applicable terms and conditions are described on Appendix B – Additional Services
vi. On-site Operation or Energy Management
Siemens will not have any on-site operational team but rather dispatch teams according to the terms of this proposal.
vii. Specialized tools

13 Any pricing for equipment replacements includes only electrician / technician and does not include any specialized equipment (e.g., RS485 connector, rental equipment) that might be necessary above and beyond standard tools. viii. Rental Equipment
Any lifting, e.g., cranes or forklifts, required to deliver any services covered by this proposal. ix. Site-specific certification and/or trainings
Any technician training or certification required, specifically for this site. If necessary, it shall be charged on a T&M basis according to the conditions described above.

14 Pricing
Siemens inspection and general maintenance services, the warranty management services, the preventative maintenance services, and the remote monitoring/troubleshooting services referred to above is priced as follows.

These amounts are due and payable as set forth in Exhibit B of the.

The fee will be charged yearly and will escalate at a rate of 5.5% per year over the term of the agreement as described in the table below. The table below reflects the escalation plus the variation in maintenance requirement annually. Periodic increase reflects changes in preventative maintenance task required by the manufacturer.

Table 1 - 15-year Payment Schedule
Year Amount
1 $ 17,906.22
2 $ 18,501.15
3 $ 26,094.33
4 $ 20,592.24
5 $ 21,724.82
6 $ 30,641.05
7 $ 26,251.87
8 $ 25,510.18
9 $ 35,979.99
10 $ 28,991.86
11 $ 32,823.65
12 $ 42,249.19
13 $ 33,340.78
14 $ 38,188.05
15 $ 49,610.74
* As the CITY has requested, sales tax at the current LA County rate of 10.25% has been included; however, if the actual sales tax applicable to this project increases before it is due or paid, the sales tax will be adjusted accordingly.

15 Signature Page
Siemens Maintenance Services Program proposal is contingent upon receipt and assessment of all technical documentation of the system in order to validate the assumptions considered, and the acceptance by the Customer of this Proposal and the Terms and Conditions concurrently with the signing of the PCA (defined below).

The Customer acknowledges that, while this Maintenance Services Program is referenced in Article 13 of the Performance Contracting Agreement (“PCA”), when this proposal is approved by the Customer and accepted by Siemens Industry, Inc., this Proposal and the Terms and Conditions in Appendix C attached hereto (together with any other documents expressly incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter.

BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR

REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER.

Proposal accepted by: Proposal submitted by:

City of Cudahy Siemens Industry, Inc.
_____________________________ _____________________________ Signature Date Signature Date
P.O.#________________________
Customer purchase order included as an attachment to this agreement and will be referenced on invoices.

Or
Customer purchase order not required. Invoices will be
approved and processed with signature of authorized
customer representative.

Accepted by Siemens Manager
Signature:_________________________
Title:_________________________
Date:_________________________

16 Appendices

17 APPENDIX A: PREVENTATIVE MAINTENANCE PLAN
Structure inspection - Roof Top QTY per year
Visual inspection 1
Fastener torque check (10%) 1
Grounding check (visual) 1
Connectors (visual) 1
All other manufacturer recommended maintenance 1
Structure inspection - Canopy
Inspect rack and structure integrity 1
Spot check bolted connections and pile movement 1
Inspect drive piles for damage, wear, and degradation 1 All other manufacturer recommended maintenance 1
Module inspection
Inspect rack and structure integrity 1
Inspect drive piles for damage, wear, and degradation 1 Spot check bolted connections and pile movement 1
All other manufacturer recommended maintenance 1
Inverters
IR Images 1
100% torque check of electrical terminations 1
Filter cleaning or replacement if needed*** 1
Record and clear all faults at HMI screen 1
Inspect and seal inverter penetrations 1
Inspect and clean inverter fan 1

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Verify ground fault monitor 1
Check surge suppressors 1
Check and replace fuses if needed*** 1
Measure and record phase to phase voltages and currents 1 All other manufacturer recommended maintenance 1
DC Combiner (performed at inverter level if no DC combiners are on site) IR images 1
Torque check (100%) 1
Check surge suppressors 1
Check and replace fuses if needed*** 1
VOC string testing (rotating 20%) 1
ISC string testing (rotating 20%) 1
All other manufacturer recommended maintenance 1
AC Combiner
IR images 1
Torque check (100%) 1
Check surge suppressors 1
Check and replace fuses if needed*** 1
All other manufacturer recommended maintenance 1
Weather station/DAS
Clean pyranometer 1
Lubricate wind sensor 1
Verify sensor calibration 1
Update firmware if needed 1
All other manufacturer recommended maintenance 1
Other
Visual inspection of DC conduit entry points 1
Visual inspection of foundations 1
Visual inspection of fencing 1
Visual inspection of ground erosion 1
Spare part inventory (on site)
Visual inspect DC wires forsigns of fraying and proper wire management 1 1
Meter verification 1
Reporting As Needed
Administrative
Manufacturer warranty management On going
Management of all subcontractors On going
Maintain maintenance log On going

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APPENDIX B – ADDITIONAL SERVICES
For Additional Operations and Maintenance Services, Siemens shall invoice for the following costs incurred as follows:

Standard Labor Wage Rates (per hour)
Senior Engineer / Subject Matter Expert $250
Project Manager $213
Electrician / Technician $200
Energy Asset Manager $180
Service Engineer $172
Service Coordinator $120
Administrator $75
All rates described above are subject to an escalation of three percent (3%) applied each October 1st during the term of this Agreement.

Overtime is Standard Time x 1.5 and Double-time is Standard Time at x 2.0.

Siemens applies a 18% markup for services provided by subcontractors.

OUT OF SCOPE WORK
Module Cleaning
Module washing As Needed
Snow Removal As Needed
Landscaping
Vegetation Abatement As Needed
Pest Control As Needed
Instrument calibration
Meter As Needed
Reference Cell 36 months
Weather station
Medium/High Voltage
Substation maintenance As Needed
Other equipment As Needed
Site Maintenance
Road Maintenance As Needed
Fence repair As Needed

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APPENDIX C – TERMS AND CONDITIONS
Please refer to the following url:

Terms & Conditions
or for the Terms and Conditions that apply to the Maintenance Services Program see below

STANDARD TERMS AND CONDITIONS OF SALE FOR SERVICES

1. APPLICABLE TERMS. Buyer in these Terms and Conditions shall have the same meaning as Client under the PCA and Customer in the Proposal to which these Terms and Conditions are attached. This Agreement governs the sale and performance of services provided by Siemens (“Services”). The Standard Terms Addenda, these terms, any other applicable addenda, Siemens’ proposal, price quote, purchase order or acknowledgement issued by Siemens form the parties’ final agreement (“Agreement”). In the event of any ambiguity or conflict between these documents, precedence shall apply in accordance with the order written in the previous sentence. Siemens’ proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer’s request for proposal, specifications, purchase order or any other written or oral communication are not binding on Siemens unless separately signed by Siemens. Siemens’ failure to object to Buyer’s additional or conflicting terms does not operate as a waiver of the terms contained in this Agreement.

2. PRICING & PAYMENT. Prices and payment terms are: (i) as stated in Siemens’ proposal, or if none are stated; (ii) Siemens’ standard rates in effect when Siemens receives Buyer’s purchase order; or if neither (i) nor (ii) apply, then Siemens’ standard rates in effect when the Services are performed. (a) Payment - Unless stated in Siemens’ proposal, all payments are due net thirty (30) days from the invoice date in United States Dollars.
(b) Credit Approval - All orders are subject to credit approval by Siemens. Siemens may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer’s financial condition, Siemens may withhold performance of Services, require cash payments or advance payments, or require other satisfactory financial security before performance of Services.
(c) Taxes - Unless stated in writing by Siemens, Siemens’ rates exclude charges for taxes, excises, fees, duties, tariffs charged on the importation of goods into the United States, or other government charges related to the Services. Buyer will pay these amounts or reimburse Siemens. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Siemens harmless from any taxes, costs and penalties arising from same. Increases, changes (including in application), adjustments or surcharges which may be incurred are for Buyer’s account.
(d) Late Payments– Late payments shall bear interest at an annual percentage rate of twelve percent (12%) or the highest rate allowed by law, whichever is lower.
(e) Disputed Invoice - If Buyer disputes all or any portion of an invoice, it must first deliver written notice to Siemens of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Siemens of any dispute constitutes a waiver of Buyer’s claim. If Buyer only disputes a portion of the invoice Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute in favor of Siemens, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment. (f) Suspension/Termination Right - Siemens may suspend Services if an undisputed invoice is more than fifteen (15) days past due. Siemens may terminate this Agreement if an undisputed invoice is more than thirty (30) days past due. Unless otherwise prohibited by law, Siemens may also terminate this Agreement immediately in the event of a material adverse change in the Buyer’s financial condition, including, but not limited to bankruptcy, insolvency, or liquidation.

3. RISK OF LOSS AND SCHEDULE. Services shall be performed at the location identified in the Agreement (“Site”). Risk of loss of or damage to Buyer’s equipment, including “Equipment” (equipment, materials, components and items of any kind for which Siemens is to provide Services under the Agreement), shall remain with Buyer at all times during the performance of the Services hereunder. If Buyer procures or has procured property damage insurance

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applicable to occurrences at the Site, Buyer shall obtain a waiver by the insurers of all subrogation rights against Siemens.

Any performance or completion dates are estimated dates only. Siemens is not liable for any loss or expense incurred by Buyer or Buyer's customers if Siemens fails to meet any such dates.

4. CANCELLATION. Except for Siemens right to terminate in accordance with Article 2 and Article 4, this Agreement is non-cancellable during the Initial Term. Thereafter, either party may terminate this Agreement effective at the end of the Initial Term or at the end of a renewal period by giving the other party at least sixty (60) days prior written

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notice of its intent to cancel the Agreement. Either party may terminate this Agreement for material breach of the other party, provided that the breaching party has not remedied the breach or commenced to cure the breach within a reasonable period, having due regard to the nature of the breach..

5. FORCE MAJEURE / DELAYS. If either party is unable to perform or suffers delay in performance, due to any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, inclement or unusually severe weather conditions, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, the time of performance will be extended by a period equal to the length of time it takes to overcome the effect of the event. In addition, Siemens shall be entitled to be compensated by Buyer for reasonable and direct additional costs incurred during such event. Siemens will notify Buyer within a reasonable time after becoming aware of any such event. If there are force majeure delays exceeding 180 days in the aggregate, Siemens may terminate the Agreement.

For the avoidance of doubt, failure to pay shall not constitute a force majeure delay.

6. BUYER’S REQUIREMENTS. Siemens’ performance is contingent upon Buyer timely complying with and fulfilling all of its obligations under this Agreement. These obligations include the Buyer supplying all necessary access to Equipment, where applicable, and all required “Third Party Parts” (parts, components, equipment or materials provided by Buyer or that exist in the Equipment which were not manufactured or supplied by Siemens or which were originally supplied by Siemens and subsequently repaired, serviced or otherwise altered by any party not affiliated with Siemens), documents, permits and approvals needed for Siemens to perform including, but not limited to, accurate technical information and data, drawing and document approvals, and all necessary commercial documentation. Buyer shall provide access to the Site as reasonably required by Siemens for the performance of the Services. Siemens may request a change order for an equitable adjustment in prices and times for performance, as well as to adjust for any additional costs or any delay resulting from the failure of Buyer, Buyer’s contractors, successors or assigns to meet these obligations or any other obligations in this Agreement.

Buyer shall also maintain the Site in a safe condition, notify Siemens promptly of any site conditions requiring special care, and provide Siemens with any available documents describing the quantity, nature, location and extent of such conditions, including any Material Safety Data Sheets (MSDS) related to all hazardous materials at the Site which may impact the Services.

7. INDEMNITY. Siemens and Buyer (each as an “Indemnitor”) shall indemnify, hold harmless and defend the other (“Indemnitee”) from and against all third party claims alleging bodily injury, death or damage to a third party’s tangible property, but only to the extent caused by the Indemnitor or its subcontractor’s negligent acts or omissions. If the injury or damage is caused by the parties’ joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of negligence. No part of Buyer’s Site or property of Buyer (or Site Owner) is considered third party property.

Indemnitee shall provide the Indemnitor with prompt written notice of any third party claims covered by this Article. Indemnitor has the unrestricted right to select and hire counsel, and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee’s behalf. Indemnitee shall not make any admission(s) which might be prejudicial to Indemnitor and shall not enter into a settlement without the express permission of Indemnitor.

8. WARRANTY. (a) Siemens warrants that it will perform the Services in a professional and workmanlike manner. If the Services fail to meet the warranty standards set forth in this Article 8(a) within ninety (90) days from completion of the Services (“Warranty Period”), and Buyer promptly reports such non-conformance to Siemens during the above mentioned Warranty Period, Siemens shall at its own expense re-perform the relevant Services or, in Siemens’ sole discretion, refund Buyer the pro rata portion of the fees paid to Siemens under this Agreement allocable to the nonconforming Services (the “Warranty”).
(b) Conditions to the Warranties. The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Equipment” other than by Siemens or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Equipment in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement, (iii) or in the absence of such conditions, parameters or instructions or to the extent not applicable, in accordance with the generally accepted industry standards applicable in the

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locale where the Services are being performed and having regard to the nature of the Services; (iv) Buyer discontinuing use of the Equipment after it has, or should have had knowledge of any defect in the Equipment; (v) Buyer providing Siemens with reasonable access to operating and maintenance data as requested by Siemens, (which may include secure broadband connection). Without expense to Siemens, Buyer shall provide to Siemens and Siemens’ subcontractors and their respective employees and agents on a twenty four (24) hours a day, seven (7) days a week basis, access to the Site, and each unit, including rights of way and easements required for safe access of such persons and equipment, as well as, to the extent applicable, online access to the Site, including to an installed remote monitoring system and to all units, as necessary to permit Siemens to perform the Services.; (vi) Equipment not having been subjected to accident (including force majeure), alteration, abuse or misuse; and (vii) Buyer not being in default of any payment obligation. Buyer shall provide, without cost to Siemens, access to the nonconformity by disassembling, removing, replacing and reinstalling any Equipment, materials or structures to the extent necessary to permit Siemens to perform its warranty obligations. (c) Exclusions from Warranty Coverage. The Warranties do not apply to any Third Party Parts or Equipment or to services not performed by Siemens pursuant to this Agreement. Siemens will have no liability to Buyer under any legal theory for such Third Party Parts, Equipment, services or any related assignment of warranties. (d) Warranty Notice. Buyer must provide written notice of any claims for breach of Warranty within the applicable Warranty Period. Additionally, absent written notice within the Warranty Period, any use of the Equipment after expiration of the Warranty Period is conclusive evidence that the Warranties have been satisfied. (e) Remedies. Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Siemens' discretion, to re-performance of the non-conforming portion of the Services, within a reasonable time period, or refund of all or part of the purchase price. The warranty on re-performed Services is limited to the remainder of the original Warranty Period.

Unless Siemens agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) transportation to and from the Siemens factory or repair facility; and (ii) damage to Equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Article 8(b) or from their deteriorated condition. (f) THE WARRANTIES IN THIS ARTICLE 8 ARE SIEMENS' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 9 BELOW. SIEMENS MAKES NO OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.

9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY,

SIEMENS IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE, REVENUE,

SAVINGS, PROFIT, INTEREST, GOODWILL OR OPPORTUNITY, LOSS OF PRODUCTION, COSTS OF CAPITAL,

COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION AND DATA,

LOSS OF POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM

BUYER'S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE,

EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.

SIEMENS’ MAXIMUM LIABILITY UNDER THIS AGREEMENT UNDER ANY THEORY OF RECOVERY, WHETHER BASED

IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, INDEMNITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PRICE PAID TO SIEMENS UNDER THIS AGREEMENT.

BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 9 WILL PREVAIL OVER ANY

CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN FULL FORCE AND EFFECT

WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE EFFECTIVE EVEN IF SIEMENS HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 9 EXTEND TO SIEMENS’

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AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND SUCCESSORS AND ASSIGNS OF SIEMENS.

FOR THE AVOIDANCE OF DOUBT, IN THE EVENT THAT PHYSICAL LOSS OR DAMAGE TO THE BUYER’S PROPERTY

RESULTS FROM THE FAILURE OF A PORTION OF THE SERVICES TO CONFORM TO ITS RESPECTIVE WARRANTY DURING THE APPLICABLE WARRANTY PERIOD SIEMENS’ LIABILITY SHALL IN NO CASE EXCEED SIEMENS’ OBLIGATION TO PERFORM THE REMEDIES SPECIFIED IN ARTICLE 8, AS APPLICABLE, WHICH SIEMENS WOULD

HAVE HAD TO PERFORM IF SUCH REMEDY HAD BEEN CARRIED OUT IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE PHYSICAL LOSS OR DAMAGE.

10. INTELLECTUAL PROPERTY.

Siemens will, at its own option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any processes performed by Siemens in connection with the Services constitutes an infringement of any Patent Cooperation Treaty (“PCT”) country member’s patent or misappropriation of a third party’s trade secret or copyright in the country where the Buyer’s Site is located. Buyer will promptly give Siemens written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Siemens shall have full and exclusive authority to defend and settle such claim and will pay the damages and costs awarded against Siemens in any suit or proceeding so defended.

Buyer shall not make any admission(s) which might be prejudicial to Siemens and shall not enter into a settlement without Siemens’ consent. If and to the extent any process performed by Siemens in connection with the Services as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Siemens will, at its option and expense, either: (i) procure for Buyer the right to continue using said process; (ii) replace it with substantially equivalent non-infringing process; or (iii) modify the process so it’s use is non-infringing.

Siemens will have no duty or obligation under this Article 10 if the process is: (i) performed according to Buyer's design or instructions and compliance therewith has caused Siemens to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after performance; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Siemens, Buyer must protect Siemens in the same manner and to the same extent that Siemens has agreed to protect Buyer under this Article 10.

THIS ARTICLE 10 IS AN EXCLUSIVE STATEMENT OF SIEMENS’ DUTIES AND BUYER’S REMEDIES RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.

11. CONFIDENTIALITY.
(a) Both during and after the term of this Agreement, the parties will treat as confidential all information obtained from the disclosing party and all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, the quotation, the Agreement, processes and procedures, knowhow, methods and techniques employed by Siemens in connection with the Services, technical data, drawings, flow charts, program listings, software code, and other software, plans and projections. Neither party may disclose or refer to the Services to be performed under this Agreement in any manner that identifies the other party without advance written permission. Except for security surveillance, the observing or recording of the Services or any part thereof, whether by photographic, video or audio devices or in any other manner is prohibited. In the event any such prohibited observation or recording occurs, Siemens may (in addition to any other legal or equitable rights and remedies) stop the Services until Siemens has satisfied itself that the prohibited conduct has ceased, and in such event (a) the date of delivery or time for performance will be extended by a period of time which Siemens determines necessary and (b) Buyer will reimburse Siemens for Siemens’ and its Suppliers’ additional costs and expenses resulting from such delay, including but not limited to any for demobilization or remobilization. Unless required by appropriate governmental authorities, neither party shall, without the prior written consent of the other party, issue any public statement, press release, publicity hand-out or other material relating to the Services performed on Buyer’s Site or Equipment. However, Siemens has the right to share confidential information with its affiliate and subcontractors provided those recipients are subject to the same confidentiality obligations set forth herein.

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(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; or (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser’s confidential information, or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing.
(c) It is Siemens’ policy not to unlawfully or improperly receive or use confidential information, including trade secrets, belonging to others. This policy precludes Siemens from obtaining, directly or indirectly from any employee, contractor, or other individual rendering services to Siemens confidential information of a prior employer, client or any other person which such employee, contractor, or individual is under an obligation not to disclose. Buyer agrees to abide by this policy. (d) Siemens shall retain all intellectual property rights in the Services, works, Siemens’ documents, processes, Siemens’ confidential information, and any design information and/or documents made by (or on behalf of) Siemens. Upon receipt of all fees, expenses and taxes due in respect of the relevant Services, Siemens grants to the Buyer a non-transferable, non-exclusive, royalty-free license to copy, use and communicate Siemens’ documents for the sole purpose of operation and maintenance of the facility upon which the Services have been performed.

12. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable laws and regulations.

13. CHANGES IN SERVICES. No change will be made to the scope of Services unless Buyer and Siemens agree in writing to the change and any resulting price, schedule or other contractual modifications. If any change to any law, rule, regulation, order, code, standard or requirement impacts Siemens’ obligations or performance under this Agreement, Siemens shall be entitled to a change order for an equitable adjustment in the price and time of performance.

14. NON-WAIVER. Any waiver by a party of strict compliance with this Agreement must be in writing, and any failure by the parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.

15. MODIFICATION OF TERMS. These terms may only be modified by a written instrument signed by authorized representatives of both parties.

16. ASSIGNMENT. Neither party may assign all or part of this Agreement, or any rights or obligations under this Agreement without the prior written consent of the other; but either party may assign its rights and obligations, without recourse or consent to, any parent, wholly owned subsidiary or affiliate or affiliate’s successor organization (whether as a result of reorganization, restructuring or sale of substantially all of a party’s assets). However, Buyer shall not assign this Agreement to a competitor of Siemens; an entity in litigation with Siemens; or an entity lacking the financial capability to satisfy Buyer’s obligations. Any assignee expressly assumes the performance of any obligation assigned. Siemens may grant a security interest in this Agreement and/or assign proceeds of this Agreement without Buyer’s consent.

17. APPLICABLE LAW AND JURISDICTION. This Agreement is are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH SIEMENS AND BUYER KNOWINGLY,

VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Siemens maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.

18. SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired. A court may modify the invalid, illegal or unenforceable provision to reflect, as closely as possible, the parties’ original intent.

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19. EXPORT/IMPORT COMPLIANCE. Buyer acknowledges that Siemens is required to comply with applicable export/import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of goods or information provided in the performance of the Services, including any export/import license requirements. Buyer agrees that such goods or information shall not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export/import laws and regulations Siemens’ continuing performance hereunder is conditioned on compliance with such export/import laws and regulations at all times.

20. NUCLEAR. In the event the Services provided under the Agreement are to be performed at or in any manner in connection with a nuclear installation, the following conditions shall apply:

A. Buyer’s Insurance
(1) If Buyer procures property damage insurance applicable to occurrences at the Site and third party non-nuclear liability insurance, or either of such types of insurance, such insurance will name Siemens and its subcontractors as additional insureds.
(2) Buyer shall have at its own cost, prior to the arrival of nuclear fuel at the Site, secured and shall thereafter maintain in force protection against liability arising out of or resulting from a Nuclear Incident (as defined in the Atomic Energy Act of 1954, as amended) as required by the Nuclear Regulatory Commission; provided, however, that if the nuclear liability protection system in effect on the date of the Agreement expires or is repealed, changed, or modified, Buyer will, without cost to Siemens, maintain liability protection through government indemnity, limitation of liability, and/or liability insurance which will not result in a material impairment of the protection afforded Siemens and its subcontractors by such nuclear liability protection system which is in effect as of the date of the Agreement, taking into account the availability of insurance, customary practice in the industry for plants of similar size and character, and other relevant factors in light of then existing conditions. In any event, the protection provided pursuant to this Article shall remain in effect until the decommissioning of the nuclear plant.

B. Waivers by Buyer: Neither Siemens, nor its subcontractors shall be liable for any loss of, damage to, or loss of use of property or equipment wherever located, arising out of or resulting from a “Nuclear Incident.” Buyer waives and will require its insurers to waive all rights of recovery against Siemens and its subcontractors on account of any such loss, damage, or loss of use. All such waivers shall be full and unrestricted and in a form acceptable to Siemens.

In the event Buyer recovers damages from a third party based on losses at the Site resulting from the hazardous properties of source, special nuclear or byproduct material (as defined in the Atomic Energy Act of 1954, as amended), Buyer shall defend, indemnify and hold Siemens and its subcontractors harmless against claims by such third party which are based on Buyer’s recovery of such damages. In addition, Buyer waives and will require its insurers to waive all rights of recovery against Siemens and its subcontractors, for any and all costs or expenses arising out of or in connection with the investigation and settlement of claims or the defense of suits for damage resulting from the nuclear energy hazard.

C. Third Party Property Protection: Buyer will indemnify and hold Siemens and its subcontractors harmless for any liability arising out of loss of or damage to property at the Site which arises out of a Nuclear Incident. In addition, Buyer shall obtain for the benefit of Siemens and its subcontractors, protection against liability for, arising out of, or resulting from damage to any property or equipment located at the Site which is used or intended for use by Buyer in connection with the operation of the nuclear power plant (including but not limited to fuel) and which is owned by parties other than Buyer.

D. Decontamination: Buyer shall, without cost to Siemens, perform any required decontamination and health physics necessary for, related to or resulting from Siemens performance of its contractual obligations. This includes but is not limited to decontamination of any Siemens equipment or tools used in the performance thereof. Buyer shall provide documentation demonstrating that components or parts being returned to Siemens after such decontamination meet the requirements designated for unrestricted release as set forth in the United States Code of Federal Regulations, Title 10 Part 20.

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21. SURVIVAL. The Articles entitled “Intellectual Property,” “Limitation of Liability,” “Indemnity”, “Confidentiality,” “Risk of Loss and Schedule,” “Export/Import Compliance,” and “Nuclear” survive any termination, expiration or cancellation of this Agreement.

22. SITE SAFETY. Buyer shall comply with all federal, state, and local safety regulations and standards applicable to the Site and to the Equipment on which Siemens will perform the Services. Siemens shall not be obligated to commence or perform Services unless Buyer’s Site complies with all applicable safety requirements. In the event Buyer’s Site safety is noncompliant, Siemens may suspend the Services until such time as Buyer corrects the non-compliance. To the extent Siemens incurs additional time and expense as the result of Buyer’s non-compliance, Siemens shall be entitled to an equitable adjustment in the schedule, price and other affected provisions of the Agreement.

23. ENVIRONMENTAL COMPLIANCE. To the extent that the performance of Services at the Site may involve the generation of hazardous waste as such term is defined in the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), the laws of the state in which the Site is located and the rules or regulations issued thereunder as are now in effect or hereafter amended from time to time (such generated hazardous waste being herein referred to as “Hazardous Waste”) shall apply.

Buyer shall at its expense and in accordance with all applicable federal, state and local laws, rules, regulations and ordinances (i) furnish Siemens with containers for Hazardous Waste, (ii) designate a storage area at the Site proximate to the Services where such containers are to be placed; and (iii) handle, store and dispose of Hazardous Waste. Buyer shall reimburse Siemens for additional costs, if any, incurred in complying with any such laws, regulations, rules and/or ordinances.

Siemens shall have no responsibility or liability with regard to any Hazardous Waste which it does not know or have reason to know will be generated or released in the performance of the Services, and Buyer shall indemnify and hold Siemens harmless for all damages, losses, costs, liabilities, fines and penalties, (including reasonable attorneys’ fees) related to pollution and environmental impairment arising from the Buyer’s property, the Equipment or the Services.

24. ASBESTOS
The terms “Asbestos” and “Presumed Asbestos Containing Material” shall have the meanings set forth in United States Code of Federal Regulations Chapter 29 Section CFR 1926.1101 et seq., and “ACM” shall mean Asbestos and Asbestos containing materials.
(1) The Buyer warrants and represents that, in any areas which may be accessed by Siemens or its Suppliers, any ACM which is or is contained in thermal insulation or sprayed-on surfacing material is conspicuously and specifically marked as ACM, and any other ACM is in a lawful condition. (2) Prior to Siemens’ commencement of Services at any Site:
(a) The Buyer shall, at Buyer’s expense remove all thermal insulation, sprayed-on surfacing material, and/or Presumed Asbestos Containing Material (any or all of the foregoing hereinafter “PACM”), and ACM which may be disturbed during or removal of which is required for the performance of the Services; and, (b) The Buyer shall ensure that any areas where any activities involving the abatement or removal of PACM or ACM shall be conspicuously identified, posted and isolated, all as required by applicable law.

BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, IN PERFORMING THE SERVICES AND DISPATCHING

EMPLOYEES TO WORK AREAS, SIEMENS IS RELYING UPON THE AGREEMENTS, WARRANTIES, AND REPRESENTATIONS MADE BY BUYER IN THIS ARTICLE 24. Without limiting its other rights and remedies, Siemens (i) shall not be obligated to commence, and may stop any affected Services, unless and until it is fully satisfied that the Buyer is in compliance with this Article 24, and (ii) shall be entitled to an equitable adjustment in the schedule, price and other provisions of the Agreement resulting from Buyer’s non-compliance. (3) In no event shall Siemens be obligated to install, disturb, handle, or remove any PACM. (4) Siemens makes no representation that it is licensed to abate ACM.

Author | Department | YYYY-MM-DD
Restricted | © Siemens 2022 11
(5) Buyer shall defend, indemnify and hold Siemens harmless against any and all claims, demands, damages, losses, liabilities, fines, penalties, costs or expenses, including without limitation any clean up or remedial measures arising out of, connected with, or resulting from the Buyer’s failure to comply with the provisions of this Article 24.

25. THIRD PARTY PARTS
Buyer warrants that any and all Third Party Parts which may be the subject of any Services shall (a) be fully compatible with the corresponding part, component, equipment or material of the Original Equipment Manufacturer (“OEM”) in terms of form, fit, and function; (b) shall be timely provided to Siemens hereunder; and (c) shall be capable of installation in the same manner and within the same time as the corresponding OEM part, component, equipment, or material.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 1 of 2

STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Aaron Hernandez-Torres, P.E., Public Works Director/ City Engineer Subject: Approval of Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project

RECOMMENDATION
The City Council is requested to approve the Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project and Authorize the City Manager to execute the agreement with the caveat that any future land banking in Cudahy by Metro will need to be approved by Cudahy City Council.

BACKGROUND AND ANALYSIS

At the August 18, 2020 City Council meeting, the Los Angeles County Metropolitan Transportation Authority (Metro) presented an oral report on the status of their West Santa Ana Branch (WSAB) Light Rail Project. This project will connect southeast Los Angeles County to downtown Los Angeles through a 19-mile light rail corridor with a proposed transit station in Huntington Park and South Gate located north and south of Cudahy city limits, immediately adjacent to city boundaries. At that meeting, Metro detailed their expedited timeline for delivery of this massive light rail project. That timeline included the release and adoption of their Environmental Impact Report (EIR) in 2021 and construction slated for 2023 through a Public-Private Partnership.

Given that construction of the WSAB Light Rail Project will require extensive review by the City and will impact existing infrastructure, including streets, sidewalks, traffic signals, etc., a Master Cooperative Agreement (MCA) is required by Metro for such projects. This MCA establishes a procedure and process for dealing with all light rail project work that is to be done within the City, specifically as it impacts the public right of way or existing City facilities. It is important to note that nothing in the MCA relieves Metro or its contractor from the requirements of submitting all plans, documents, and reports for review and comment before obtaining City approval prior to the start of any construction activity within the public right-of-way. Under this Item Number
16C

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Staff Report
08/16/2022 Page 2 of 2

MCA, the City agrees to waive all permit fees, however, all costs incurred by City staff and its consultants for design review and permit coordination among others, would be reimbursed by Metro through a work plan authorization process specified in the MCA.

During the course of the project, staff may determine that it is in the City’s best interest to upgrade or enhance a public facility. These upgrades are defined in the MCA as betterments.

The City may request such betterments, however, that additional cost would have to be absorbed by the City.

A working group of staff members from cities within this WSAB alignment and Metro was assembled in April 2020 and has been meeting monthly to discuss the details of the MCA. City Planners, Public Works Directors, City Engineers, City Managers, and City Attorneys were involved in the review process of this MCA that ultimately led to the final document attached for approval.

CONCLUSION
The City Council is requested to approve the Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project and Authorize the City Manager to execute the agreement.

FINANCIAL IMPACT
There is no financial impact associated with approval of this item.

ATTACHMENTS
A. Metro Master Cooperative Agreement
B. Eco-Rapid Letter of Opposition to Los Angeles County/Metro Proposed Land Banking Program Along the West Santa Ana Branch Corridor Unless Amended

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CONTRACT NO []

MASTER COOPERATIVE AGREEMENT FOR THE DESIGN,

CONSTRUCTION AND OPERATION AND MAINTENANCE OF A

PORTION OF THE WSAB PROJECT

BETWEEN
THE CITY OF []
AND

THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY [INSERT DATE]

EFFECTIVE DATE
Attachment A Page 261 of 391
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CONTRACT NO []

CONTENTS

ARTICLE PAGE
ARTICLE 1. SCOPE AND DURATION ............................................................................................................... 1 ARTICLE 2. GENERAL OBLIGATIONS .............................................................................................................. 2 ARTICLE 3. DESIGN .......................................................................................................................................... 8 ARTICLE 4. CONSTRUCTION ......................................................................................................................... 10 ARTICLE 5. BETTERMENTS ........................................................................................................................... 11 ARTICLE 6. OPERATION AND MAINTENANCE ............................................................................................. 12 ARTICLE 7. REIMBURSEMENT AND CREDITS ............................................................................................. 12 ARTICLE 8. INDEMNITY, WARRANTIES AND INSURANCE .......................................................................... 15 ARTICLE 9. RESOLUTION OF DISPUTES ...................................................................................................... 16 ARTICLE 10. MISCELLANEOUS .................................................................................................................... 17 ARTICLE 11. DEFINITIONS AND INTERPRETATION ................................................................................... 20 EXHIBIT 1 – PROJECT DESCRIPTION ................................................................................................................ 29 EXHIBIT 2 – PROJECT PHASES AND PROJECT SCHEDULE ........................................................................... 31 EXHIBIT 3 – PROJECT SITE................................................................................................................................. 33 EXHIBIT 4 – ROLES AND RESPONSIBILITIES .................................................................................................... 34 EXHIBIT 5 – DESIGN REQUIREMENTS ............................................................................................................... 38 EXHIBIT 6 – LACMTA SUBMITTAL REVIEW PROCEDURE ................................................................................ 40 EXHIBIT 7 – CONSTRUCTION REQUIREMENTS ................................................................................................ 42 EXHIBIT 8 – INSPECTION AND ACCEPTANCE PROCEDURE........................................................................... 46 EXHIBIT 9 – OPERATION AND MAINTENANCE PRINCIPLES ........................................................................... 47 EXHIBIT 10 – FORMS ........................................................................................................................................... 48 EXHIBIT 11 – GOVERNMENTAL AND LENDER REQUIREMENTS .................................................................... 52

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1 This Agreement is entered into by and between the City of [] (the "City"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS
(A) LACMTA proposes to develop and open a new light rail transit line known as the West Santa Ana Branch Transit Corridor Project (as more fully defined in Article 11 (Definitions and Interpretation), the "WSAB Project"). As at the date of this Agreement, the WSAB Project is undergoing an Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) process. (B) The WSAB Project will serve various cities and communities including the City and the City intends, by this Agreement, to facilitate the development and implementation of the WSAB Project and in particular the City Portion of the WSAB Project.
(C) The Measure M ordinance requires local jurisdictions to pay three per cent of the total project cost of a major Measure M rail project (known as the "3% Contribution"). This Agreement does not address, and is not intended to address any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City. Any terms and conditions with respect to any 3% Contribution for the WSAB Project by the City, including any terms relating to any in-kind contributions, will be discussed, negotiated and agreed by LACMTA and the City under a separate agreement.
(D) LACMTA and the City wish to enter into this Agreement in order to identify the rights and obligations between them in connection with the development and implementation of the WSAB Project.

In consideration of the mutual covenants of the Parties as set out below, the Parties hereby agree as follows:

ARTICLE 1. SCOPE AND DURATION

1.1 Scope of Agreement
(a) The City has acknowledged the WSAB Project as a high priority public works project to provide LACMTA with expedited review and approval procedures in connection with design, design reviews, permitting, property acquisition, and other authority to be exercised by the City relating to the WSAB Project and/or this Agreement. The Parties acknowledge that this Agreement is being entered into while the environmental process is ongoing and the final EIS/EIR is being prepared and the signing of this Agreement by the City does not prejudice its right to participate in the environmental process nor does it predetermine the outcome of that process.
(b) The Parties have entered into this Agreement to:
(i) acknowledge the intended scope, schedule and site for the WSAB Project as set out in EXHIBIT 1 (Project Description), EXHIBIT 2 (Project Phases and Project Schedule) and EXHIBIT 3 (Project Site) respectively; and
(ii) define the applicable procedures, manage the interfaces and regulate the roles and responsibilities and allocation of costs between LACMTA and the City, in respect of the design, construction, operation and maintenance of the WSAB Project as it relates to the City Portion and any Rearrangements.
(c) LACMTA may procure the design, construction, operation and maintenance of the WSAB Project, including the City Portion, under multiple procurements and contract packages and may self-perform parts of the design, construction, operation and maintenance of the WSAB Project, including the City Portion. As at the date of this Agreement, LACMTA contemplates:
(i) procuring the performance of the Enabling Works by one or more LACMTA Contractors under one or more contractual packages;

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2 (ii) procuring the P3 Project Scope by a LACMTA Contractor under a design, build, finance, operate and maintain agreement; and
(iii) retaining responsibility for performance by LACMTA or LACMTA Contractors of the LACMTA Retained Scope.
(d) The City acknowledges and agrees that LACMTA may: (i) engage the LACMTA Contractor(s) to carry out Design, Construction, operation and/or maintenance work with respect to the City Portion including the Design and/or Construction of Rearrangements; and (ii) in each LACMTA Contract, require the LACMTA Contractor to comply with certain of LACMTA's obligations under this Agreement provided that nothing in this Agreement will create any contractual relationship between the City and any LACMTA Contractor and in accordance with Section 10.11 (Limitation on Third Party Beneficiaries), nothing contained in this Agreement is intended or will be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the City toward, any LACMTA Contractor.
(e) The City acknowledges and agrees that LACMTA may change the contracting and procurement strategy and plan for the WSAB Project, including the City Portion, described in Section 1.1(c) (Scope of Agreement) in its sole discretion. The City further acknowledges that as at the date of this Agreement, the WSAB Project is in the Planning and Procurement Phase and LACMTA may elect:
(i) not to proceed with the WSAB Project; or (ii) to amend the scope of the WSAB Project, each in its sole discretion.
(f) LACMTA shall promptly notify the City of any changes to its contracting and procurement strategy or to the scope of the WSAB Project that has or is reasonably likely to have an impact on the scope, schedule or roles and responsibilities for the City Portion or the provisions and procedures set out under this Agreement. The Parties shall use good faith efforts to agree any amendments or supplements to this Agreement necessary to be made as a result of any such change notified by LACMTA to the City.

1.2 Duration of Agreement
This Agreement (and all of the rights and obligations under this Agreement) will come into effect on the Effective Date and continue until the first day on which passenger service on the WSAB Project commences, unless terminated earlier in accordance with the provisions of this Agreement or extended in accordance with Article 6 (Operation and Maintenance) (the "Term").

ARTICLE 2. GENERAL OBLIGATIONS

2.1 Governance
(a) The roles and responsibilities of the City and LACMTA are set out in EXHIBIT 4 (Roles and Responsibilities).
(b) The City and LACMTA shall each designate an individual or individuals who will be authorized to make decisions and bind the Parties on matters relating to this Agreement (the "City Representative" and "LACMTA Representative", respectively). EXHIBIT 4 (Roles and Responsibilities) provides initial designations. Either Party may change its designated representative by providing seven days' prior Notice to the other Party. (c) LACMTA may establish Working Groups in relation to the WSAB Project or particular aspects of the WSAB Project for the purposes of providing a non-binding forum for LACMTA, the LACMTA Contractors and other attendees to monitor the progress of the WSAB Project, to consider issues, or potential issues, and to present, understand and discuss proposed solutions with respect to the WSAB Project. On LACMTA's written request, the City shall ensure the attendance (in person or via videoconference or teleconference) of the City Representative (or a delegate) at any Working Group meeting held with respect to the City Portion during normal business hours and upon reasonable

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3 notice. Any Working Group meeting attended by the City Representative (or a delegate) is consultative and advisory only and nothing which occurs during any such Working Group meeting and no information that is presented during any such Working Group meeting will:
(i) affect the rights or obligations of either Party under this Agreement; (ii) entitle a Party to make any claim against the other; (iii) relieve a Party from, or alter or affect, a Party's liabilities or responsibilities whether under this Agreement or otherwise according to Applicable Law;
(iv) prejudice a Party's rights against the other Party whether under this Agreement or otherwise according to Applicable Law; or
(v) be construed as a direction by a Party to do or not do anything.

2.2 Annual Work Plan
(a) LACMTA and the City will cooperate to develop an agreed Annual Work Plan for each LACMTA Fiscal Year during the Term, in accordance with the following provisions:
(i) not later than February 28 of each LACMTA Fiscal Year during the Term (or in the case of the first partial LACMTA Fiscal Year during the Term, no later than 30 days after the date of this Agreement), LACMTA shall provide the City with information with respect to anticipated Work Orders, including a list of each item of work or scope of activities or services that LACMTA anticipates to request or require from the City during the upcoming LACMTA Fiscal Year, and the estimated start and finish dates for the item of work or scope of activities or services that LACMTA anticipates to request or require from the City; (ii) within 30 days after the City's receipt of the required information from LACMTA pursuant to Section 2.2(a)(i) (Annual Work Plan), the City shall submit a preliminary annual work plan to LACMTA for the upcoming LACMTA Fiscal Year, which will include an estimate of the Costs under the anticipated Work Orders for which the City shall require reimbursement; (iii) promptly and in any event within 15 days' after LACMTA receives the preliminary annual work plan from the City pursuant to Section 2.2(a)(ii) (Annual Work Plan), the City and LACMTA will meet to review the preliminary work plan and negotiate in good faith such issues as are necessary in order to finalize and agree the annual work plan for the upcoming LACMTA Fiscal Year; and
(iv) not later than April 30 of the then current LACMTA Fiscal Year, LACMTA shall notify the City of the agreed annual work plan for the upcoming LACMTA Fiscal Year (each such agreed annual work plan, an "Annual Work Plan").
(b) Section 2.3(e) (Work Orders) shall apply notwithstanding that the Parties may agree an Annual Work Plan setting out the schedule of anticipated Work Orders.

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4 2.3 Work Orders
(a) If the City is required to perform work and/or provide support and/or services under the provisions of this Agreement or LACMTA requests that the City perform work and/or provide support and/or services under the provisions of this Agreement, the City shall submit a Form 60 to LACMTA to estimate the total effort and Costs for which the City shall require reimbursement with respect to that scope of work.
(b) If LACMTA approves a Form 60 submitted to it by the City with respect to a scope of work under Section 2.3(a) (Work Orders) without requiring any changes or additions, LACMTA will issue a Work Order to the City for such scope of work and following receipt of that Work Order, the City must promptly commence the work authorized under that Work Order. (c) Each Work Order issued by LACMTA to the City in accordance with this Agreement shall specify the work authorized to be performed and any materials or equipment to be acquired, the amount of money that the City will be reimbursed for the authorized work as agreed under the applicable Form 60, and a schedule, including the estimated starting and finishing dates for the authorized work. (d) If LACMTA requests changes or additions (including any additional or supplemental provisions) to a Form 60 submitted to it by the City with respect to a scope of work under Section 2.3(a) (Work Orders) prior to issuing a Work Order, the Parties shall negotiate in good faith such changes or additions.

Upon agreement of any such changes or additions (and any necessary City council approval for such changes or additions), LACMTA will issue a Work Order to the City for the applicable scope of work, with the agreed changes or additions and following receipt of that Work Order, the City must promptly and without delay (and in any case within 10 days of issuance by LACMTA) accept any agreed changes or additions to the applicable Form 60 by counter-signing the Work Order or otherwise by written acceptance by the City Representative, in each case followed by prompt commencement of the work authorized under that Work Order. If the City fails to accept the Work Order within 10 days, the Work Order will be deemed to be accepted by the City. Nothing in this Section 2.3(c) shall prohibit LACMTA from approving a Form 60 under Section 2.3(b) (Work Orders) in part and authorizing the City to commence the approved part of the scope of work in accordance with that Form 60. (e) The City shall not be authorized to do any work and shall not be paid, credited or reimbursed for costs or expenses associated with any work performed in connection with a Rearrangement or the City Portion or otherwise under the provisions of this Agreement, that is not expressly authorized by a Work Order, as may be amended pursuant to Section 2.3(f) (Work Orders). (f) Except in the case of a change required due to an emergency (which notification may be given orally and any emergency work commenced before being confirmed in writing to LACTMA within three days), the City may submit proposed changes to a Work Order in writing to LACMTA for approval, such approval to not be unreasonably withheld or delayed. If approved, the City may perform the work in accordance with the authorized change.
(g) LACMTA may terminate any Work Order at any time at its sole discretion, provided that the City will be entitled to reimbursement in accordance with this Agreement for Costs, if any, already incurred. (h) The City shall promptly notify LACMTA if at any time it anticipates:
(i) exceeding 75% of the total estimated Costs under any Work Order within the next 60 days; (ii) that the total Costs under any Work Order will be in excess of 10% greater than previously estimated Costs; or
(iii) that the estimated finishing date will be later than the date stated in the Work Order, and shall request an amendment to such Work Order pursuant to Section 2.3(f) (Work Orders).

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5 2.4 Project Schedule
(a) The City agrees to cooperate and coordinate with LACMTA in accordance with the provisions of this Agreement in order for LACMTA to achieve the Project Schedule and subject to LACMTA agreeing to the reimbursement of the cost of the applicable resources in accordance with Section 2.3 (Work Orders) and 7.1 (Reimbursements to the City), to allocate sufficient staff and other resources necessary to provide the level of service required to meet the scope of work and work schedules, review periods and timelines identified in this Agreement and any Work Orders. If the City determines that, notwithstanding its compliance with its obligations under this Section 2.4(a), additional personnel or other resources (including through the use of City Contractors) are required to mitigate the risk of delay in performing the scope of work within the defined schedule, the City may submit a proposed change to a Work Order in accordance with Section 2.3(f) (Work Orders). (b) If the City fails to carry out any work or obligations for which it is responsible under the provisions of this Agreement and/or any Work Order in accordance with the work schedules, review periods and timelines identified in this Agreement and the applicable Work Order, and such failure is attributable to the City, then, to the extent such delay directly causes: (i) LACMTA to incur additional costs; or (ii) a delay to the WSAB Project, the City must reimburse LACMTA for all actual and documented costs and expenses incurred or arising out of such delay. The City shall pay such costs to LACMTA within 90 days of receiving an invoice from LACMTA. If the Parties agree, LACMTA may deduct the amount due from the City to LACMTA pursuant to this Section 2.4(b) from payment(s) due to the City. (c) Without limiting any other rights under this Section 2.4, if: (i) the City fails to carry out any work for which it is responsible under the provisions of this Agreement in accordance with the work schedules, review periods and timelines identified in this Agreement and the applicable Work Order; or (ii) LACMTA reasonably determines that the City will be unable to timely complete such work, LACMTA may by Notice to the City suspend the affected element of the City's work and LACMTA may perform the remaining work. If LACMTA takes over work in accordance with this Section 2.4(c), the City shall cooperate and assist LACMTA in accordance with the provisions of this Agreement. (d) To the extent a failure by LACMTA to perform its work and obligations in accordance with the work schedules, review periods and timelines identified in this Agreement and/or any Work Order results in a delay to the performance of the City's work under a Work Order, the City will be entitled to an equivalent extension to the affected deadline and any other relief expressly contemplated under the provisions of the applicable Work Order.

2.5 Permits
(a) The Parties acknowledge that pursuant to Applicable Law, LACMTA is not subject to zoning, building or design review, or construction permitting ordinances of the City when constructing the City Portion. (b) Without prejudice to Section 2.5(a) (Permits) or the requirements set out in EXHIBIT 7 (Construction Requirements):
(i) the City will issue a blanket Permit Notification to cover the City Portion; (ii) for those permits and fees set out in the Permit Notification, the City will not exercise or otherwise attempt to assert permitting authority over, and will not require the payment of fees or the posting of bonds for or insurance by LACMTA or any LACMTA Contractor for, any work contemplated in the City Portion or otherwise under the provisions of this Agreement; (iii) any processing procedures or timelines specified in the Permit Notification will be aligned with the procedures and timelines specified in this Agreement and will otherwise be streamlined as necessary to assist in the timely delivery of the City Portion in accordance with the Project Schedule; and

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6 (iv) except for Cost reimbursement expressly provided under a Work Order, the City waives the payment of any permit Costs for permits identified in the Permit Notification. (c) To the extent any conflicts exist or arise between the provisions of the Permit Notification and the provisions of this Agreement, the provisions of this Agreement shall govern. (d) If requested by LACMTA, the City will provide reasonable assistance to LACMTA and the LACMTA Contractors in relation to any application by LACMTA or a LACMTA Contractor for a Governmental Approval or other Governmental Entity or third party approval relating to or arising from, the design, construction, operation or maintenance of the City Portion. (e) Without prejudice to the generality of Section 2.5(d) (Permits), the City acknowledges and agrees that unless otherwise agreed between LACMTA and the City, LACMTA may prepare, subject to concurrence by the City (which concurrence may not be unreasonably delayed or withheld), plans and applications for the establishment of street and pedestrian crossings with LACMTA's rail transit tracks, their subsequent maintenance or alteration and their operation, for submission to the CPUC.

To the extent required by Applicable Law, the state fire marshal and the City fire department shall review such plans and specifications and perform inspections as needed throughout the Construction of the City Portion.

2.6 Coordination of Work
(a) Except in the case of Adjacent Work required as a result of an emergency (which notification and coordination may occur as soon as reasonably practicable after the occurrence of the emergency), the City will promptly notify LACMTA upon becoming aware of any proposed or planned Adjacent Work and will take all reasonable actions within its powers, to coordinate the design and performance of any Adjacent Work with LACMTA so that such Adjacent Work shall not pose a safety hazard or interfere with, disrupt or delay the design, construction, operation or maintenance of the City Portion including by:
(i) complying with the provisions of this Section 2.6 and LACMTA's standard procedures for Adjacent Works;
(ii) to the extent requested by LACMTA following its initial screening taking into account proximity of the Adjacent Work to the City Portion, adjacency conditions, and the potential to impact the City Portion and otherwise conducted in accordance with LACMTA's standard procedures for Adjacent Works, delivering copies of designs and plans for the Adjacent Work to LACMTA and giving LACMTA the right to review and comment on the designs and plans for the Adjacent Work and to approve the final designs and plans for the Adjacent Work; and (iii) to the extent LACMTA reasonably determines and notifies the City that the Adjacent Work will, in whole or in part, pose a safety hazard or interfere with, disrupt or delay the design, construction, operation or maintenance of the City Portion, coordinating the Adjacent Work or suspending the Adjacent Work or the relevant part of the Adjacent Work (as applicable). (b) The City will, and will take all reasonable actions within its powers to ensure that any City Contractor or third party performing any Adjacent Work, City Construction Work or City Maintenance Work is obligated under contract and/or a permit process to:
(i) fully co-operate and coordinate with LACMTA and the LACMTA Contractors including:
(A) attending interface definition and coordination meetings upon reasonable request; and
(B) providing any other interface data reasonably requested by LACMTA or the relevant LACMTA Contractor and necessary to complete interface coordination;

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7 (ii) perform the Adjacent Work, City Construction Work or City Maintenance Work (as applicable) so as to minimize any interference with or disruption or delay to construction, operation or maintenance of the City Portion or any other part of the WSAB Project; (iii) comply with LACMTA's or the relevant LACMTA Contractor's site access, track allocation/work permit procedures and work health and safety policies and procedures; and (iv) promptly advise LACMTA of all matters arising out of the Adjacent Work, City Construction Work or City Maintenance Work (as applicable) that may interfere with, disrupt, delay or otherwise have an adverse effect upon the City Portion or any other part of the WSAB Project.

2.7 Franchise Rights
(a) After receipt of a written request from LACMTA for the City to exercise its franchise rights with respect to a utility whose facilities conflict with the City Portion, the City will:
(i) within 10 days of receipt of such written request, coordinate with LACMTA to send written notice to the applicable utility owner instructing it to relocate or remove the conflicting utility at that utility owner’s expense pursuant to the City’s franchise rights; (ii) within the time periods required under the applicable local, state and/or federal government codes, send all such notices as are required to be submitted for each of the processing steps required by local, state, and federal government codes in order for the City to exercise its franchise rights with respect to that conflicting utility (including, at a minimum, a utility claim letter, record of investigations, draft utility agreements and/or utility certifications); and (iii) undertake subsequent enforcement actions to enforce its franchise rights with respect to that conflicting utility in the event no action is taken by the applicable utility owner in response to a notice issued under Section 2.7(a) (Franchise Rights). (b) LACMTA and the City shall co-operate and coordinate in executing the necessary documents for each step set out in Section 2.7(a) (Franchise Rights). Sections 2.22.3 (Annual Work Plan) and 2.3 (Work Orders) will apply to any support and/or services required to be provided by the City under the provisions of this Section 2.7.
(c) Following the exercise of the City’s franchise rights with respect to a conflicting utility pursuant to Section 2.7(a) (Franchise Rights), the City will coordinate the design and performance of the utility relocation or removal work performed by the utility owner with LACMTA so that such utility relocation or removal work shall not interfere with, disrupt or delay the design, construction, operation or maintenance of the City Portion including by:
(i) delivering copies of all designs and plans for the utility relocation or removal work to LACMTA and giving LACMTA the right to review and comment on the designs and plans for the utility relocation or removal work and to approve the final designs and plans for the utility relocation or removal work; and
(ii) otherwise complying with Section 2.6 (Coordination of work) with respect to the coordination of the utility relocation or removal work.
(d) LACMTA’s approval of a utility owner’s design under Section 2.7(c)(i) (Franchise Rights) will not relieve the relevant utility owner or its contractors from professional liability (errors and omissions) as the design engineer of record for any utility relocation or removal work performed by the utility owner or its contractors.

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8 2.8 Governmental and Lender Requirements
If the WSAB Project is subject to financial assistance provided by loan agreements with the U.S. Department of Transportation, Federal Transit Administration, other Governmental Entities, and/or financial institutions providing grants, funding or financing, the Parties will comply with the terms and conditions set out in EXHIBIT 11 (Governmental and Lender Requirements) and any additional prescribed governmental and lender requirements set out in a Work Order or otherwise under the applicable grant, funding or financing agreements notified to the City.

2.9 Access
If, prior to LACMTA's scheduled date of commencement of Construction work in a part of the City Portion, any Rearrangement is necessary to eliminate a conflict, the City may grant to LACMTA and/or its designee sufficient rights, if necessary, to allow LACMTA to proceed with investigation of existing conditions and the Construction of that part of the City Portion in accordance with the Project Schedule; provided, however, that such grant does not unreasonably and adversely interfere with the provision of City’s services to the public, or affect public health and safety; and provided further, that the City is permitted under Applicable Law to grant such right.

2.10 Discretions
Except as otherwise expressly provided in this Agreement, all determinations, consents, waivers, or approvals of a Party under this Agreement must not be unreasonably withheld, conditioned, or delayed.

ARTICLE 3. DESIGN

3.1 Design Responsibilities
(a) Except to the extent of any Design work requested to be performed by the City under Section 3.1(b) (Design Responsibilities), LACMTA will (directly or through LACMTA Contractors) design all Rearrangements and produce all Design Documentation relevant to those works in accordance with the provisions of this Agreement. LACMTA shall be responsible for any errors and omissions in the Design Documentation prepared by LACMTA or a LACMTA Contractor. (b) LACMTA may request and authorize the City to perform Design work and/or provide support services with respect to the Design of a Rearrangement pursuant to the procedures set out under Section 2.3 (Work Orders). The City shall diligently perform and shall ensure that any City Contractor diligently performs, such Design-related activities in accordance with the provisions of the applicable Work Order and this Agreement. The City shall be responsible for any errors and omissions in any Design Documentation prepared by the City or a City Contractor.

3.2 Design Requirements
The Designs of the Rearrangements shall comply with the requirements set out in EXHIBIT 5 (Design Requirements).

3.3 Design Review Procedure
(a) LACMTA will submit, and will require that the LACMTA Contractors submit, the Designs for any Rearrangements to the City for review in accordance with the procedures set out in EXHIBIT 6 (LACMTA Submittal Review Procedure) and otherwise in accordance with the provisions of this Agreement and any applicable Work Orders.
(b) The City will carry out the review and approval of the Designs for the Rearrangements in accordance with the procedures and the review periods set out in EXHIBIT 6 (LACMTA Submittal Review Procedure) and otherwise in accordance with the provisions of this Agreement and any applicable Work Orders.

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9 (c) LACMTA is exempt from submitting any Design for Construction work within the City Rights-of-Way to the City for City's review and approval where:
(i) LACMTA, a LACMTA Contractor, or a tenant or licensee of LACMTA owns and maintains the structure or physical element; or
(ii) the work is related to utility trenching and shoring within OSHA guidelines and the relevant LACMTA Contractor is OSHA certified.
and without prejudice to the foregoing, the City further acknowledges that as between LACMTA and the City, LACMTA has sole discretion to determine whether, and which, features or facilities are required in order for LACMTA to comply with its obligations under Applicable Law in connection with the WSAB Project (whether or not situated within the City Rights-of-Way) including the ADA and in the case of its obligations under the ADA to determine whether matters are technically infeasible; provided, however, in making such determination, LACMTA shall utilize current rules and regulations promulgated under the ADA, and guidelines issued by federal agencies in accordance with the ADA, including but not limited to The ADA Best Practices Tool Kit for State and Local Governments published by Civil Rights Division of the U.S. Department of Justice.

3.4 Design Development
The Parties acknowledge and agree that:
(a) the Basis of Design will establish the detailed scope, limits of work, specifications and requirements applicable to the Designs for any Rearrangements; and
(b) the Design Documentation for any Rearrangements will be submitted for review progressively in Packages and:
(i) with respect to the Design for any Rearrangements that are part of the Enabling Works, LACMTA and the applicable LACMTA Contractor will retain responsibility for defining the scope and timing of delivery of the Packages at each stage of Design; and (ii) with respect to the Design for any Rearrangements that are part of the P3 Project Scope, the P3 Developer will have responsibility for defining the Packages as part of its design management plan for the P3 Project Scope.

3.5 City Standards
(a) The City agrees that it shall not adopt any new City Standards or otherwise amend or supplement any existing City Standards or its interpretation or application of any existing City Standards, for the sole or primary purpose of affecting the WSAB Project.
(b) Subject to Section 3.5(a) and (c) (City Standards), the Parties acknowledge that the City may adopt new City Standards not listed in EXHIBIT 5 (Design Requirements) or amend or supplement existing City Standards listed in EXHIBIT 5 (Design Requirements) during the Term, provided that the City shall promptly (and in any case within 15 days' of adoption) notify LACMTA of any changes or additions to the City Standards adopted during the Term. (c) Any changes or additions to the City Standards applicable to a Rearrangement after the establishment of the Basis of Design for that Rearrangement shall be considered a "Betterment" for the purposes of this Agreement.

3.6 Changes to Design
(a) If LACMTA wishes to amend the Final Design for a Rearrangement for which it is responsible prior to completion of Construction of that Rearrangement, it must submit the amended Design

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10 Documentation to the City and EXHIBIT 6 (LACMTA Submittal Review Procedure) will apply as if the Design Documentation is for the Final Design.
(b) LACMTA may use or may allow the relevant LACMTA Contractor to use, the amended Final Design for Construction prior to approval by the City if and only if the amendment to the Final Design is: (i) minor; (ii) does not adversely impact the relevant Rearrangement; and (iii) is necessary to overcome an issue which has arisen or become evident since the Final Design was initially approved.

ARTICLE 4. CONSTRUCTION

4.1 Construction Responsibilities
(a) Except to the extent of any Construction work requested to be performed by the City under Section 4.1(b) (Construction Responsibilities), LACMTA (directly or through the LACMTA Contractors) will be responsible for the Construction of all Rearrangements and shall diligently perform and shall ensure that any LACMTA Contractor diligently performs, all such Construction in accordance with the provisions of this Agreement.
(b) LACMTA may request and authorize the City to perform Construction work with respect to a Rearrangement and/or provide Construction support services pursuant to the procedures set out under Section 2.3 (Work Orders). The City shall diligently perform and shall ensure that any City Contractor diligently performs, all such Construction work and/or support services in accordance with the provisions of the applicable Work Order and this Agreement.

4.2 Construction Requirements
The Construction of the Rearrangements and any other Construction work performed in the City Rights-ofWay in connection with the WSAB Project shall comply with the requirements set out in EXHIBIT 7 (Construction Requirements).

4.3 Rights-of-Way
(a) The Parties acknowledge that pursuant to Applicable Law, LACMTA is permitted to use City Rightsof-Way to the same extent those rights and privileges relating to City Rights-of-Way are granted to the City.
(b) Replacement rights-of-way for the relocation of Conflicting Facilities shall be determined during the Design Phase and, if needed, may be acquired by LACMTA or the City following mutual agreement of the Parties of the location and type of such replacement rights-of-way. When reasonably possible and where the City Facilities being replaced are located in a public right-of-way, a Rearrangement of those City Facilities shall be located in existing public rights-of-way. The required replacement rightsof-way for the relocation of Conflicting Facilities shall be acquired so as not to impair the Project Schedule. If the City cannot acquire any necessary private rights-of-way for the relocation of Conflicting Facilities without out-of-pocket expense to itself, such private rights-of-way may be acquired by LACMTA. Upon acceptance of the applicable Replacement Facility, the City shall convey or relinquish to LACMTA or its designee, if permitted by Applicable Law and agreement, at no cost, all City real property interests being taken out of service by the Rearrangement, and for which replacement real property interests are provided.
(c) Subject to Section 4.3(b) (Rights-of-Way), the Parties acknowledge that LACMTA is responsible for the acquisition of any private rights-of-way necessary to Construct and/or operate the WSAB Project on the Project Right-of-Way and LACMTA (or the LACMTA Contractors) shall be responsible for the acquisition of any temporary construction easements necessary for the Construction and/or operation of the WSAB Project. Upon reasonable request by LACMTA, the City shall provide reasonable assistance as may be required for LACMTA to obtain rights-of-way necessary to Construct the City Portion including considering reasonable requests by LACMTA to convey to LACMTA, at no cost to LACMTA, any City-owned street crossings, slivers, surface easements and temporary construction

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11 easements that may be required for Construction and/or operation of the WSAB Project without requiring LACMTA to go through the appraisal, negotiations, offer, closing and transfer process.

Following any such reasonable request, LACMTA will prepare or cause to be prepared, the title documents and documents of conveyance and shall transmit such documents to the City Representative who shall process them through the required departments for execution and return them to LACMTA within 90 days after receipt, but in any event in accordance with the Project Schedule.
(d) The City agrees and acknowledges that this Agreement satisfies any LACMTA obligations to the City and otherwise relating to the certification of rights-of-way, and that the City shall cooperate with LACMTA, and assist LACMTA, with any right-of-way certification processes involving other entities or agencies.
(e) If, following a Rearrangement, a City Facility is located within the Project Right-of-Way, LACMTA shall provide the City with a license, in a form reasonably acceptable to the City, to operate, maintain, and/or remove such City Facility.

4.4 Inspection and Acceptance
The Parties agree that inspection and acceptance of the Construction of Rearrangements performed under this Agreement will be carried out in accordance with the procedure set out in EXHIBIT 8 (Inspection and Acceptance Procedure).

ARTICLE 5. BETTERMENTS

5.1 The City shall inform LACMTA what Betterments, if any, the City requests be implemented as a Rearrangement or a part of a Rearrangement by submitting a completed Potential Notice of Betterment Form for LACMTA's review and approval. In addition:
(a) any Design furnished by the City under a Work Order shall specifically identify any Betterments included in such Design and where Betterments are identified, shall be accompanied by a completed Potential Notice of Betterment Form and submitted for LACMTA's review and approval; and (b) if a City comment to a LACMTA Submittal constitutes a Betterment, LACMTA will notify the City and within 10 days of delivery of that notice, the City will: (i) withdraw the relevant comment; or (ii) submit a request for the applicable Betterment by submitting a completed Potential Notice of Betterment Form for LACMTA's review and approval. If the City fails to respond within 10 days of a notice delivered by LACMTA under this Section 5.1(b), the comment will be deemed to be withdrawn provided that such deemed withdrawal shall be without prejudice to the City's right to submit the Betterment under a subsequent Potential Notice of Betterment under this Section 5.1.

5.2 Subject to Section 5.1(b) (Betterments), the City shall submit any Potential Notice of Betterment Forms to LACMTA promptly after identifying a potential Betterment and in any event shall, unless otherwise agreed by LACMTA, deliver all Potential Notice of Betterment Forms to LACMTA prior to the establishment of the Basis of Design for the P3 Project Scope.

5.3 No Betterment shall be constructed and LACMTA shall have the right to refuse and withhold approval for any Betterment, that:
(a) is incompatible with the WSAB Project;
(b) cannot be performed within the constraints of Applicable Law, any applicable Governmental Approvals, and/or the Project Schedule; or
(c) is requested after the establishment of the Basis of Design for the P3 Project Scope.

5.4 If LACMTA approves a Betterment (with or without changes negotiated and agreed by LACMTA and the City):

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12 (a) the LACMTA Representative shall counter-sign the Potential Notice of Betterment Form (updated to include any changes negotiated and agreed by LACMTA and the City); and (b) the City will be responsible for the cost of the Betterment.

5.5 LACMTA shall not be responsible for the cost of any Betterment. Such cost will be paid to LACMTA or credited to LACMTA in accordance with Section 7.2 (Reimbursement and Credits to LACMTA).

ARTICLE 6. OPERATION AND MAINTENANCE

6.1 LACMTA may, at any time during the original Term, issue to the City a request to extend the Term to include the Operation and Maintenance Phase or to enter into a new master cooperative agreement with respect to the Operation and Maintenance Phase.

6.2 Following issuance of a request by LACMTA under Section 6.1 (Operation and Maintenance), the Parties shall use good faith efforts to agree an amendment or supplement to this Agreement or to agree a new master cooperative agreement to address the Parties respective obligations during the operation and maintenance of the WSAB Project and the procedures and cost reimbursement principles that shall apply to the coordination and performance of their respective obligations during the operation and maintenance of the WSAB Project.

6.3 The Parties agree that any amendment or supplement to this Agreement or any new agreement entered into in accordance with Section 6.2 (Operation and Maintenance) shall be on terms that are substantially consistent with:
(a) the provisions set out in this Agreement (to the extent applicable and subject to any necessary amendments to reflect the different phase of the WSAB Project); and (b) the agreed operation and maintenance principles set out in EXHIBIT 9 (Operation and Maintenance Principles).

6.4 Any amendment, or supplement or new agreement agreed by the Parties in accordance with Section 6.2 (Operation and Maintenance) shall be finalized and documented in accordance with Section 10.7 (Amendments).

ARTICLE 7. REIMBURSEMENT AND CREDITS

7.1 Reimbursements to the City
(a) Except with respect to Betterments, LACMTA will reimburse the City for Costs incurred for work performed by the City or the City Contractors under a Work Order in accordance with this Section 7.1 and the provisions of the applicable Work Order.
(b) If a Rearrangement performed under a Work Order is limited to the removal or elimination of a City Facility, LACMTA will only be responsible for any Costs incurred in Abandoning such City Facility and will not be required to replace or compensate the City for the replacement of that City Facility. (c) As described in EXHIBIT 1 (Project Description), LACMTA (or its LACMTA Contractors) will be responsible for any environmental site assessments and any remediation of hazardous materials to be performed on the Project Site for the purposes of the WSAB Project. LACMTA will not be responsible for any costs relating to the presence or existence of any environmental hazard on, in, under or about any City Facility, including but not limited to, any "hazardous substance" as that term is defined under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), unless LACMTA or any LACMTA Contractor caused the environmental hazard through its actions.

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13 (d) The City shall use the following procedures for submission of its billings to LACMTA, on a progress basis, for work performed by the City under a Work Order:
(i) the City shall commence its monthly billing within no more than 60 days, following the commencement of work under a specific Work Order and shall bill monthly thereafter following the City’s standard billing procedures;
(ii) the City shall provide supporting documents to demonstrate the Costs incurred by the City with respect to a Work Order, including City Contractor invoices, and other data, to LACMTA upon request;
(iii) each billing statement shall: (A) be noted as either "progress" or "final"; (B) be addressed to the LACMTA Representative; (C) include a certification that the Costs identified in such billing were appropriate and necessary to the performance of the work under the Work Order and have not previously been billed or paid; and (D) reflect any applicable credits due to LACMTA under this Article 7;
(iv) the final billing, with a notation that all work covered by a given Work Order has been performed, shall be submitted to LACMTA within 60 days after completion of the work under the applicable Work Order, and shall summarize prior progress billings, show inclusive dates upon which work was performed, and include a certification that the Costs identified in such billing were appropriate and necessary to the performance of the work under the Work Order and have not previously been billed or paid; and
(v) after the expiration of the 60 day period described in Section 7.1(d)(iv) (Reimbursements to the City), LACMTA may notify the City in writing that the 60 day closing billing period has expired, and upon the City’s receipt of such Notice from LACMTA, the City shall have 30 days to submit its final invoice. If the City fails to submit an invoice within such 30 day period, then LACMTA shall have no further obligation for payment to the City with regard to any amounts due or payable under the applicable closed out Work Order. (e) On completion of the Construction of the City Portion, LACMTA will issue a Notice of closeout to the City. Within 90 days of receiving such Notice, the City must issue invoices to LACMTA for all outstanding work. If the City fails to submit an invoice not previously submitted within such 90 day period, then LACMTA shall have no further obligation for payment to the City with regard to any amounts due or payable under the applicable invoice.

7.2 Reimbursements and Credits to LACMTA
(a) LACMTA shall receive a credit, or payment for:
(i) salvage for items recovered from existing City Facilities that the City intends to re-use in the performance of Construction work performed under the provisions of this Agreement where the amount of salvage credit or payment, if any, shall equal the depreciated value of like or similar materials as determined by agreement of the Parties, plus storage and transportation costs of such materials salvaged for the City’s use;
(ii) Betterments upon acceptance of physical work where:
(A) the amount of the Betterment payment shall be based upon the estimated cost of the Replacement Facility less the estimated cost of the Conflicting Facility; and (B) the amount of a Betterment credit, if any, shall be a fixed amount determined by the Parties during Design Development based upon estimates provided by the City and agreed to by LACMTA under a Potential Notice of Betterment Form; and

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14 (iii) the Expired Service Life Value of each Conflicting Facility being replaced if the Replacement Facility will have an expected period of useful service greater than the period that the existing Conflicting Facility would have had, had it remained in service and the Rearrangement not been made, where:
(A) the "Expired Service Life Value" shall be an amount determined by the Parties during Design Development based upon estimates provided by the City of the depreciated value of the Conflicting Facility (calculated by multiplying the cost of the Replacement Facility by a fraction, the numerator of which is the age of the Conflicting Facility and the denominator of which is the estimated overall service life of the Conflicting Facility); and
(B) the Expired Service Life Value shall be determined by the Parties in accordance with Section 7.2(a)(iii)(A) (Reimbursements and Credits to LACMTA) prior to the commencement of the applicable Rearrangement work and documented in the applicable Work Order.
(b) LACMTA shall receive:
(i) a credit (reflected on the applicable invoice(s) submitted by the City) for salvage, Betterments, and Expired Service Life Value of the City Facilities against work performed by the City, where the City performs the work under a Work Order; and
(ii) payment from the City for salvage, costs of Betterments, and Expired Service Life Value of the City Facilities where LACMTA performs the work invoiced and paid in accordance with this Article 7.
(c) The sum of credits and/or payments due to LACMTA for salvage shall be agreed by the Parties based on applicable books, records, documents and other data. In addition, LACMTA and the City may conduct an inspection survey of a Conflicting Facility during the Design Development process.

LACMTA may request and authorize the City to perform support services with respect to any such inspection survey pursuant to the procedures set out under Section 2.3 (Work Orders). (d) Where LACMTA is due a payment under this Article 7:
(i) LACMTA shall commence its monthly billing within no more than 60 days, following the commencement of the applicable work and shall bill monthly thereafter following LACMTA's standard billing procedures;
(ii) LACMTA shall provide supporting documents to demonstrate the costs incurred by LACMTA, including LACMTA Contractor invoices, and other data, to the City upon request; (iii) each billing statement shall: (A) be noted as either "progress" or "final"; (B) be addressed to the City Representative; and (C) include a certification that the Costs identified in such billing were appropriate and necessary to the performance of the applicable work and have not previously been billed or paid;
(iv) the final billing, with a notation that all applicable work has been performed, shall be submitted to the City within 60 days after completion of the applicable work, and shall summarize prior progress billings, show inclusive dates upon which work was performed, and include a certification that the costs identified in such billing were appropriate and necessary to the performance of the applicable work and have not previously been billed or paid; and (v) after the expiration of the 60 day period described in Section 7.1(d)(iv) (Reimbursements and Credits to LACMTA), the City may notify LACMTA in writing that the 60 day closing billing period has expired, and upon LACMTA's receipt of such Notice from the City, LACMTA shall have 30 days to its submit final invoice. If LACMTA fails to submit an invoice within such 30

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15 day period, then the City shall have no further obligation for payment to LACMTA with regard to any amounts due or payable under the applicable work.

7.3 Payment of Billings
Payment of each invoice properly submitted pursuant to Section 7.1 (Reimbursements to the City) or 7.2 (Reimbursements and Credits to LACMTA) shall be due within 60 days of receipt; provided that: (a) all such payments shall be conditional, subject to post-audit adjustments; (b) final payment for a Rearrangement shall be contingent upon final inspection (and acceptance) of the work by the Party billed for such work, which inspection (and acceptance, where applicable), will not be unreasonably withheld or delayed; and (c) LACMTA may withhold payments in the amount of any credit amounts due to LACMTA if the City has not posted such credits within 60 days after submittal of requests for the same by LACMTA.

ARTICLE 8. INDEMNITY, WARRANTIES AND INSURANCE

8.1 Indemnity
(a) Each Party shall release, defend, indemnify, and hold harmless the other Party and its respective officers, agents, representatives, and employees from and against all liabilities, expenses (including legal fees and costs), claims, losses, suits, and actions of any kind, and for damages of any nature, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with its performance under this Agreement.
(b) In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, the Parties, as between themselves, pursuant to Sections 895.4 and 895.6 of the Government Code, each assume the full liability imposed on them, or any of their officers, agents or employees, by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such Party would be responsible under Section 8.1(a) (Indemnity). The provisions of California Civil Code Section 2778 are made a part of this Agreement as if fully set out in this Agreement. (c) Each Party agrees to notify the other promptly upon receipt of any third-party claim for which a Party is entitled to indemnity under this Agreement.

8.2 Warranty
(a) In lieu of providing a bond, LACMTA warrants that any work affecting the structural stability of City Rights-of-Way shall be free from defect for a period of two years following City acceptance. Pursuant to this warranty and for the warranty period only, LACMTA, at its sole expense, shall remedy any damage to City Rights-of-Way to the extent caused by a failure of such structural support installed by LACMTA.
(b) Solely with respect to Rearrangements performed by LACMTA or the LACMTA Contractors and any work performed by the City or the City Contractors, the City and LACMTA each warrant to the other for a period of one year from and after acceptance of the work that any work performed by them shall be free from defect. Subject to Section 8.2(a) (Warranty), the limited warranty given under this Section 8.2(b) is the sole warranty given by the City and/or LACMTA, and, pursuant to this warranty, and for the warranty period only, the City or LACMTA, as the case may be, shall remedy any such discovered defect at its sole expense.
(c) In connection with Rearrangements performed by LACMTA or the LACMTA Contractors and any work performed by the City or the City Contractors, warranties supplied by the LACMTA Contractors and City Contractors to LACMTA or the City (as applicable) shall be made for the benefit of both LACMTA and the City.

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16 8.3 Insurance
(a) The Parties must ensure that any contract entered into in connection with performance of the work under this Agreement contains:
(i) a provision requiring the general contractor, as part of the liability insurance requirements, to provide an endorsement to each policy of general liability insurance naming the City and LACMTA as additional insureds; and
(ii) unless otherwise mutually agreed by the Parties, the requirement for: (A) construction general contractors to provide evidence of insurance in the following amounts: $5,000,000 in general liability; $1,000,000 in workers' compensation/employer's liability; and $1,000,000 in combined single limit (CSL) in auto liability; and (B) design contractors to provide evidence of insurance in the following amounts: $5,000,000 in general liability; $1,000,000 in workers' compensation/employer's liability; $1,000,000 (CSL) in auto liability; and $1,000,000 in professional liability.
(b) Each Party must:
(i) give the other Party 20 days' Notice prior to any reduction in scope or cancellation or expiration of any insurance procured by it under this Section 8.3; (ii) give the other Party 20 days' Notice prior to it agreeing to a reduction in scope or the cancellation or expiration of any insurance procured by a LACMTA Contractor or City Contractor (as applicable) under this Section 8.3; and
(iii) notify the other Party within five days if it receives a Notice from a LACMTA Contractor or City Contractor (as applicable) of the expiration of any insurance procured under this Section 8.3.

ARTICLE 9. RESOLUTION OF DISPUTES

9.1 Attempt to Resolve
In the event of dispute or difference arising under, out of or in connection with or relating to this Agreement, including any question regarding its existence, validity or termination ("Dispute"), the Parties shall make good faith efforts to resolve the Dispute through negotiation.

9.2 Arbitration – No Work Stoppage
(a) If the Parties are unable to resolve a Dispute pursuant to Section 9.1 (Attempt to Resolve), either Party may serve the other Party a demand for arbitration. Within 22 days (or such longer period as agreed by the Parties) of receipt of such demand, the Parties shall agree on a sole arbitrator. If the Parties are unable to agree to the appointment of a sole arbitrator within the 22 days (or any longer period as may be agreed), each Party shall select an arbitrator and those arbitrators shall select a qualified neutral third party to arbitrate with regard to the Dispute ("Neutral Arbitrator") to form a three-person panel. If either Party fails to designate its arbitrator within 22 days (or longer period as agreed) of delivery of the demand or if the two designated arbitrators are unable to select the Neutral Arbitrator within five days of their appointment, a Neutral Arbitrator shall be designated pursuant to Section 1281.6 of the California Code of Civil Procedure, who shall hear the matter as the sole arbitrator.
(b) The Parties acknowledge that Section 1283.05 of the California Code of Civil Procedure is applicable to those issues not involving work stoppage. A hearing date shall be set as promptly as possible following selection of the arbitrator in accordance with Section 9.2(a) (Arbitration – No Work Stoppage). The arbitrator's award shall follow promptly the hearing's conclusion, shall be supported by law and substantial evidence and the issuance of written findings of fact and conclusions of law.

The making of an award that does not comply with such requirements shall be deemed to be in excess

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17 of the arbitrator's power and the court shall vacate the award if after review it determines that the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.

9.3 Arbitration – Work Stoppage
(a) In the event of a Dispute, neither Party is permitted to stop work, except: (i) for reasons of public health or safety; or (ii) where work is prevented from continuing pending resolution of the Dispute. In the event that work is stopped, the provisions of this Section 9.3 shall apply. Upon stoppage of work, either Party may serve the other Party a demand for arbitration. A Neutral Arbitrator who is able to hear the Dispute and render a decision within five days after being selected shall be immediately designated pursuant to Section 1281.6 of the California Code of Civil Procedure. (b) Notwithstanding Sections 1282.2(b) and Section 1282(e) of the California Code of Civil Procedure (regarding postponement of the hearing), where work is stopped, the Neutral Arbitrator may not postpone nor adjourn the hearing except upon the agreement of the Parties. The arbitration may proceed in the absence of a Party who, after due Notice, fails to appear. In addition to all other issues, the Neutral Arbitrator shall also determine whether it was absolutely necessary to stop and await resolution of the Dispute in order to continue the work. If it is determined that the work stoppage was not necessary, the Party that did not stop the work shall be entitled to damages (as determined by the Neutral Arbitrator) arising out of such work stoppage. Section 9.2(b) (Arbitration – No Work Stoppage) shall also apply.

9.4 Impartiality of Arbitrator
Any person who has any material financial or personal interest in the results of the arbitration shall be prohibited from acting as Neutral Arbitrator. Failure to disclose any such interest or relation shall be grounds for vacating an award handed down under Section 9.2 (Arbitration – No Work Stoppage) or 9.3 (Arbitration – Work Stoppage).

9.5 Compensation of the Arbitrator
Each Party shall pay the expenses and fees of the arbitrator it selects. The expenses and fees of the Neutral Arbitrator shall be paid in accordance with the provisions of Section 1284.2 of the California Code of Civil Procedure.

9.6 Other Provisions
An arbitrator or panel appointed under this Article 9 shall have only the authority to issue a non-binding award to resolve the dispute of the Parties. Except as otherwise expressly provided in this Agreement, any arbitration under this Article 9 shall be governed by the California Arbitration Act.

9.7 Incorporation of Subcontracts
The City must ensure that any contract entered into in connection with performance of the work under this Agreement includes provisions equivalent to this Article 9.

ARTICLE 10. MISCELLANEOUS

10.1 Force Majeure
No Party may bring a claim for a breach of obligations under this Agreement by the other Party or incur any liability to the other Party for any losses or damages incurred by that other Party if a Force Majeure Event occurs and the affected Party is prevented from carrying out its obligations by that Force Majeure Event.

During the continuation of any Force Majeure Event, the affected Party shall be excused from performing those of its obligations directly affected by such Force Majeure Event provided that the occurrence or continuation of any Force Majeure Event shall not excuse any Party from performing any payment obligations contemplated under this Agreement. If a Force Majeure Event occurs, the City agrees, if requested by

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18 LACMTA pursuant to Section 2.3 (Work Orders), and if deemed possible and feasible by the City (acting reasonably), to accelerate the performance of its obligations under this Agreement and any Work Order to mitigate any delay arising from the Force Majeure Event provided that LACMTA agrees to reimburse the City for the incremental actual costs of such acceleration.

10.2 Existing Agreements
This Agreement does not negate or otherwise modify any existing easements, licenses or other use and/or occupancy agreements between the City and LACMTA or to which LACMTA has become or does become a successor either by assignment or by operation of law.

10.3 Audit and Inspection; Maintenance of Records
(a) Audit and Inspection. For the period commencing on the Effective Date and ending on the date falling three years after the end of the Term, each Party will have such rights to review and audit the other Party and its books, records and documents as may be deemed necessary for the purposes of verifying compliance with this Agreement, Applicable Law and the City Standards at all times during normal business hours, without charge. Each Party represents and warrants the completeness and accuracy in all material respects of all information it or its agents provides in connection with any audit by the other Party. If an audit shows that a financial adjustment is required, the Parties will use good faith efforts to agree such adjustment. The Parties must ensure that any contract entered into in connection with performance of the work under this Agreement contains provisions acknowledging the rights of the City or LACMTA (as applicable) under this Section 10.3(a). (b) Maintenance of Records. The City shall (and shall ensure that any City Contractor will) keep and maintain its books, records, and documents related to performance of the work under this Agreement (including all Costs incurred) for three years after the end of the Term; except that, all records that relate to Disputes being processed or actions brought under this Agreement must be retained and made available until any later date that such Disputes and actions are finally resolved. The City reserves the right to assert exemptions from disclosure of information that would be exempt under Applicable Law from disclosure or introduction into evidence in legal actions.

10.4 Notices
(a) Each Notice under this Agreement must be in writing and: (i) delivered personally; (ii) sent by certified mail, return receipt requested; (iii) sent by a recognized overnight mail or courier service, with delivery receipt requested; or (iv) sent by email communication followed by a hard copy, to the following addresses (or to such other address as may from time to time be specified in writing by such person):

To the City:
[General Manager
the City of ____________
Department of ______]
With a copy to:
[__________, the City Attorney
the City of _____________
___________________
___________________]
With a copy to:
[_______________, P.E.

Director of Public Works (and/or the City Engineer),
___________________

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19 ___________________]
To LACMTA:

Chief Program Manager
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 16th Floor
Los Angeles, California 90012
Facsimile No.: (213) 922-7382
Attn: Eduardo Cervantes or John Koo, Third Party Administration With a copy to:

Deputy Executive Officer, Project Management
Engineering and Construction Division
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
Attn: June Susilo
With a copy to:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 24th Floor
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
Attn: Teddy Low, Deputy County Counsel
With a copy to:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, 22nd Floor – Real Estate
Los Angeles, CA 90012
Facsimile No.: (213) 922-7447
Attn: John Potts, Executive Officer, Metro Real Estate
(b) Any Notice sent personally will be deemed delivered upon receipt, and any notice sent by mail or courier service will be deemed delivered on the date of receipt or on the date receipt at the appropriate address is refused, as shown on the records of the U.S. Postal Service, courier service or other person making the delivery, and any notice sent by email communication will be deemed delivered on the date of receipt as shown on the received email transmission (provided the hard copy is also delivered pursuant to Section 10.4(a) (Notices)). All Notices (including by email communication) delivered after 5:00 p.m. PST will be deemed delivered on the first day following delivery that is not a Saturday, a Sunday, or a federal public holiday.

10.5 Assignment; Successors and Assigns
A Party cannot assign, novate, or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of the other Party unless this Agreement expressly provides otherwise. This Agreement is binding upon and will inure to the benefit of LACMTA and the City and their respective successors and permitted assigns.

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20 10.6 Waiver
(a) No waiver of any term, covenant, or condition of this Agreement will be valid unless in writing and executed by the obligee Party.
(b) Either Party's waiver of any breach or failure to enforce any of the terms, covenants, conditions, or other provisions of this Agreement at any time will not in any way limit or waive that Party's right to subsequently enforce or compel strict compliance with every term, covenant, condition, or other provision of this Agreement, despite any course of dealing or custom of the trade (other than the waived breach or failure in accordance with the provisions of such waivers).

10.7 Amendments
This Agreement can only be amended or replaced by a written instrument duly executed by the Parties.

10.8 Governing Law and Jurisdiction
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. The rights and remedies of LACMTA and the City for default in performance of this Agreement or any Work Order are in addition to any other rights or remedies provided by law.

10.9 Severability
If any provision of this Agreement is ruled invalid by a court having proper jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the balance of this Agreement, which will be construed and enforced as if this Agreement did not contain such invalid or unenforceable clause, provision, Article, Section, subsection or part.

10.10 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

10.11 Limitation on Third Party Beneficiaries
Nothing contained in this Agreement is intended or will be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties toward, any person not a party to this Agreement.

10.12 Survival
The representations, warranties, indemnities, waivers and any express obligations of the Parties following termination, set out in this Agreement shall survive the expiration or termination, for any reason, of this Agreement.

ARTICLE 11. DEFINITIONS AND INTERPRETATION

11.1 Definitions
Unless the context otherwise requires, capitalized terms and acronyms used in this Agreement have the meanings given in this Section 11.1.
"Abandon" means the permanent termination of service, or the removal of an existing City Facility or portion of it.
"ADA" means the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

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21 "Adjacent Work" means any removal, demolition, repair, restoration, relocation or reconstruction of existing facilities and/or construction of new facilities and/or other physical works by the City or a third party: (a) that is performed or to be performed within, or within 100 feet of, the Project Site; or the performance of which is otherwise reasonably likely to conflict with the design, construction, operation or maintenance of the City Portion; and (b) in the case of works performed or to be performed by a third party, of which the City is aware or ought to be aware.
"Advanced Conceptual Engineering" means the phase of the Design process that advances the project scope from a conceptual state to a level of schematic design that describes the project technical and architectural approach in order to address environmental and community impacts, significant interfaces and operational characteristics to support environmental approvals. The plan percentage complete ranges generally from the initiation of Design (0%) to 15%.
"Agreement" means this agreement and any schedules, exhibits, attachments and annexures to it. "Annual Work Plan" means an annual work plan prepared and agreed by LACMTA and the City in accordance with Section 2.2 (Annual Work Plan).
"Applicable Law" means any statute, law, code, regulation, ordinance, rule, common law, judgment, judicial or administrative order, decree, directive, or other requirement having the force of law or other governmental restriction (including those resulting from the initiative or referendum process) or any similar form of decision of or determination by, or any interpretation or administration of any of the foregoing by, any Governmental Entity which is applicable to the City Portion, Rearrangements, any work performed under this Agreement or any relevant person, whether taking effect before or after the date of this Agreement. Applicable Law excludes Governmental Approvals, customs, duties and tariffs. "Basis of Design" means:
(a) for those Rearrangements that are identified by LACMTA as being part of the Enabling Works (either under the provisions of this Agreement or by a notice delivered under Section 1.1(f) (Scope of Agreement)), the approval (or deemed approval) by the City under the provisions of this Agreement of the 60% Design Documentation for those Rearrangements; and (b) for those Rearrangements that are identified by LACMTA as being part of the P3 Project Scope (either under the provisions of this Agreement or by a notice delivered under Section 1.1(f) (Scope of Agreement)), the scope, specifications and requirements (including the requirements of the final EIR/EIS) that form the basis of the request for proposal issued by LACMTA for the P3 Project Scope. "Betterment" means work performed in connection with any Rearrangement or as part of a Rearrangement:
(a) comprising an upgrade, change or addition to a City Facility (or a part of a City Facility) requested by the City that provides for greater capacity, capability, durability, appearance, efficiency or function or other betterments of that City Facility over that which was provided by the City Facility prior to the Rearrangement; or
(b) for which the City Standards applicable to that Rearrangement are changed or added to after the establishment of the Basis of Design for that Rearrangement, provided that the term "Betterment" shall exclude:
(i) an upgrade, which the Parties agree, will be of direct and principal benefit to the construction, operation and/or maintenance of the WSAB Project;
(ii) an upgrade resulting from Design or Construction in accordance with the applicable City Standards as set out in EXHIBIT 5 (Design Requirements) and any changes or additions to those City Standards notified to LACMTA prior to the establishment of the Basis of Design for

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22 the Rearrangement and that have not been adopted by the City in breach of Section 3.5(a) (City Standards);
(iii) measures to mitigate environmental impacts identified in the WSAB Project’s Final Environmental Impact Report or Statement and any supplemental environmental reports for the WSAB Project;
(iv) replacement of devices or materials no longer regularly manufactured with the next highest grade or size; and
(v) an upgrade that is the consequence of changes made by LACMTA or a LACMTA Contractor after the establishment of the applicable Basis of Design. "City" is defined in the Preamble. "City" shall also refer to any City owned or operated "water" and/or "power" departments.
"City Construction Work" means any Construction work and activities performed or to be performed by the City or a City Contractor pursuant to a Work Order.
"City Contractor" means any contractor, consultant, tradesperson, supplier or other person engaged or authorized by the City to perform any Adjacent Work, City Design Work, City Construction Work or any other work to be performed by the City under the provisions of this Agreement or otherwise on or about the Project Site but excluding LACMTA and the LACMTA Contractors.
"City Design Work" means any Design work and activities performed or to be performed by the City or a City Contractor pursuant to a Work Order.
"City Facility" means real or personal property located within or near the City Portion, such as structures, improvements, and other properties, which are under the ownership or operating jurisdiction of the City, and shall include, but not be limited to, public streets (any classification), highways, bridges, retaining walls, pedestrian/utility tunnels, alleys, storm drains, sanitary sewers, survey monuments, parking lots, parks, public landscaping and trees, traffic control devices, lighting and communications equipment (cameras, sensors, LTE, microwave receivers, etc.) and public buildings, police and fire department related improvements, as well as any dams or water storage tanks, systems, and appurtenances. City-owned airport and harbour facilities are not included in this definition.
"City Maintenance Work" means any maintenance work and activities performed or to be performed by the City or a City Contractor pursuant to a Work Order or under the provisions of this Agreement. "City Municipal Code" means [].
"City Portion" means that portion of the WSAB Project that will pass in, on, under, over or along public streets, highways, bridges, parks and other public right-of-way within the City, as shown in Part B of EXHIBIT 3 (Project Site).
"City Representative" is defined in Section 2.1(b) (Governance). "City Rights-of-Way" means the public streets, highways, bridges, parks and other public right-of-way within the City as defined in the City Municipal Code.
"City Standards" means the City's design standards and ordinances which govern the design of all Rearrangements, as specified in EXHIBIT 5 (Design Requirements) or adopted by the City and notified to LACMTA in accordance with Section 3.5 (City Standards) specified in EXHIBIT 5 (Design Requirements) which govern the design of all Rearrangements.
"Compliance Comment" means a comment on, objection to or the withholding of approval to a LACMTA Submittal on the basis of one or more of the following:

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23 (a) the LACMTA Submittal or Design work or Construction work that is the subject of the LACMTA Submittal fails to comply with (or is reasonably likely to fail to comply if implemented in accordance with the LACMTA Submittal) any applicable covenant, condition, requirement, term or provision of this Agreement; or
(b) LACMTA (or the relevant LACMTA Contractor (as applicable)) has not provided all content or information required with respect to the LACMTA Submittal. "Conflicting Facility" means an existing City Facility, which the Parties determine requires Rearrangement in order to construct, operate or maintain the WSAB Project. "Construction" means all construction activities related to the City Portion that are necessary to complete and operate and maintain the WSAB Project including the removal, demolition, replacement, restoration, alteration or realignment of existing facilities and the procurement, installation, inspection, and testing of new facilities including temporary and permanent materials, equipment, systems, software, and any components of such permanent materials, systems and software.
"Construction Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"Construction Staging Plan" has the meaning given in EXHIBIT 7 (Construction Requirements). "Cost" means all eligible direct and indirect costs actually incurred for activities or work performed or materials acquired in accordance with the provisions of this Agreement, less (in respect of the City) credits to LACMTA as provided in Article 7 (Reimbursement and Credits) where:
(a) eligible direct costs include allowable direct labor costs, materials costs, and storage and transportation costs of materials salvaged for the City's use in performing the applicable work; (b) eligible indirect costs shall be computed based upon the indirect cost rates approved annually for the City by its cognizant agency, and as noted on the Form 60, for allocation to federally funded or state funded contracts; and
(c) unless the Internal Revenue Service and the CPUC issue regulations or rulings to the contrary, the eligible direct and indirect costs shall not include taxes purportedly arising or resulting from LACMTA's payments to the City under this Agreement.
"CPUC" means the California Public Utilities Commission. "days" means, unless otherwise stated and whether or not capitalized, calendar days. "Design" means all activities related to the design, redesign, engineering or architecture of any Construction work.
"Design Development" means the phase of the Design process that occurs after Advanced Conceptual Engineering and that develops, on a progressive basis, a clear indication of the design solutions for the applicable requirements and the major features of the architectural and structural design and third party interfaces that are intended to form the basis for the Final Design. "Design Documentation" means all drawings (including plans, profiles, cross-sections, notes, elevations, typical sections, details and diagrams), specifications, reports, studies, working drawings, shop drawings, calculations, electronic files, records and submittals necessary for, or related to, the design of the Rearrangements.
"Design Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).

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24 "Dispute" is defined in Article 9 (Resolution of Disputes). "Effective Date" means the date stated as such on the first page of this Agreement, which shall be the date when this Agreement has been fully executed on behalf of the City and LACMTA. "EIR/EIS" means the Environmental Impact Report/Environmental Impact Statement for the WSAB Project completed pursuant to the California Environmental Quality Act and National Environmental Policy Act. "Enabling Works" means those elements of the WSAB Project scope that LACMTA intends to procure under separate contract package(s) to the P3 Project Scope, as described in Part B of EXHIBIT 1 (Project Description).
"Engineer of Record" means the individual, firm or entity that performs the Design, that imprints the engineer's/architect's seal on the drawings, and is responsible and liable for the Final Design. "Expired Service Life Value" is defined in Section 7.2(a)(iii)(A) (Reimbursements and Credits to LACMTA). "Final Design" means the phase of the Design process which provides the detailed design for all temporary and permanent project facilities and addresses and resolves all Design review Compliance Comments and finalizes all engineering, architectural and systems designs necessary for Construction. It ends with an approved-for-construction plan status and with the Design being signed and sealed by the 'Engineer of Record'.
"Force Majeure Event" means the occurrence of any of the following events after the date of this Agreement that directly causes either Party (the "affected Party") to be unable to comply with all or a material part of its obligations under this Agreement:
(a) war, civil war, invasion, violent act of foreign enemy or armed conflict or any act of terrorism; (b) nuclear, chemical or biological contamination unless the source or cause of the contamination is brought to or near the Project Site by affected Party;
(c) ionizing radiation unless the source or cause of the ionizing radiation is brought to or near the Project Site by the affected Party;
(d) any fire, explosion, unusually adverse weather, flood or earthquakes; (e) any named windstorm and ensuing storm surges, including the direct action of wind originating from a named windstorm;
(f) any riot or civil commotion;
(g) any blockade or embargo;
(h) epidemic, pandemic or quarantine; or
(i) any official or unofficial strike, lockout, go-slow or other dispute, generally affecting the construction industry or a significant sector of it,
except, in each case, to the extent attributable to any breach of this Agreement or Applicable Law by, or any negligent act or negligent omission of, the affected Party. "Form 60" means Form 60 (Professional Services Cost/Price Summary) in the form attached as Part A of EXHIBIT 10 (Forms).

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25 "Governmental Approval" means any approval, authorization, certification, consent, license, permit, registration or ruling, issued by any Governmental Entity required to carry out the Rearrangements, the City Portion or any other work to be performed under the provisions of this Agreement. "Governmental Entity" means any federal, state, or local government and any political subdivision or any governmental, quasi-governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity (including the California Department of Transportation, CPUC and United States Army Corps of Engineers) other than LACMTA and the City. "LACMTA" is defined in the Preamble.
"LACMTA Contract" means any contract, subcontract or other form of agreement between LACMTA and a LACMTA Contractor or between a LACMTA Contractor and its lower tier subcontractor. "LACMTA Contractor" means any contractor, consultant, tradesperson, supplier, private developer, employee, member of staff, engineer, architect, agent, operator, or other person engaged or authorized by LACMTA to carry out works with respect to the City Portion, any Rearrangement or otherwise contemplated under the provisions of this Agreement and any other person with whom any LACMTA Contractor has further subcontracted part of such works.
"LACMTA Fiscal Year" means each one year period commencing on July 1 of a calendar year and terminating on June 30 of the following calendar year.
"LACMTA Representative" is defined in Section 2.1(b) (Governance). "LACMTA Retained Scope" means the WSAB Project scope elements for which LACMTA intends to retain responsibility, as described in Part B of EXHIBIT 1 (Project Description). "LACMTA Submittal Review Period" means, for each LACMTA Submittal, a period of 30 days from the date of delivery of the LACMTA Submittal to the City under the provisions of this Agreement or such other period as the Parties may agree under the applicable Work Order. "LACMTA Submittals" means:
(a) Design Documentation for a Rearrangement (other than any Design Documentation for which the City is responsible under a Work Order);
(b) Construction Management Plans for Construction work performed by LACMTA or a LACMTA Contractor within the City Rights-of-Way; and
(c) any other documents which LACMTA (or the LACMTA Contractors) must submit to the City in accordance with this Agreement.
"Neutral Arbitrator" is defined in Section 9.2(a) (Resolution of Disputes). "Non-conforming Work" means Design work or Construction work not in accordance with the requirements of this Agreement.
"Notice" means any communication under this Agreement including any notice, consent, approval, request, and demand.
"Operation and Maintenance Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"P3 Developer" means the LACMTA Contractor that is awarded the P3 Project Scope.

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26 "P3 Project Scope" means those elements of the WSAB Project scope that LACMTA intends to procure under a design, build, finance, operate and maintain agreement, as described in Part B of EXHIBIT 1 (Project Description).
"Package" means each package of Design Documentation submitted by LACMTA or a LACMTA Contractor to the City in accordance with this Agreement.
"Parties" means collectively the City and LACMTA, and each a "Party". "Permit Notification" means a blanket Permitting Process and Waiver of Certain Permit Fees issued by the City.
"Planning and Procurement Phase" means the phase of the WSAB Project identified as such in EXHIBIT 2 (Project Phases and Project Schedule).
"Potential Notice of Betterment Form" means the form set out in Part B of EXHIBIT 10 (Forms). "Project Right-of-Way" means the permanent right-of-way for the WSAB Project, as identified in Part A of EXHIBIT 3 (Project Site), or as notified by LACMTA to the City and compliant with the Project's Final Environmental Impact Report or Statement and any supplemental environmental reports for the WSAB Project.
"Project Schedule" means the schedule for the WSAB Project including the City Portion set out in Part B of EXHIBIT 2 (Project Phases and Project Schedule).
"Project Site" means, collectively, the Project Right-of-Way and each temporary construction easement for the WSAB Project, as identified in Part A of EXHIBIT 3 (Project Site). "Rearrangement" means the work of:
(a) removal, replacement, restoration, alteration, reconstruction, support, or relocation of all or a portion of a Conflicting Facility, whether permanent or temporary, which LACMTA determines in its sole discretion is necessary in order for the WSAB Project to comply with Applicable Law or otherwise which LACMTA and the City mutually agree is necessary in order to construct, operate or maintain the WSAB Project; or
(b) the installation of new and required City Facilities which LACMTA determines in its sole discretion is necessary in order for the WSAB Project to comply with Applicable Law or otherwise which LACMTA and the City mutually agree is necessary as a result of the impact of the construction, operation or maintenance of the WSAB Project.
"Replacement Facility" means a facility, which may be constructed or provided under this Agreement as a consequence of the Rearrangement of a Conflicting Facility or a part of it. "Temporary Facilities" means a facility constructed for the purpose of ensuring continued service while a City Facility is taken out of full or partial service for permanent Rearrangement and/or any work on a City Facility, which will be removed or restored to its original condition after such Construction activities are completed.
"Term" is defined in Section 1.2 (Duration of Agreement). "Traffic Control and Lighting Work" has the meaning given in EXHIBIT 5 (Design Requirements). "Traffic Management Plan" means a plan that addresses traffic control requirements in construction areas through a worksite traffic control plan and along detour routes through a traffic circulation plan.

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27 "Work Order" means a work request submitted by LACMTA to the City authorizing the performance of any work associated with the WSAB Project and the associated purchase of required materials. "Working Group" means each working group established pursuant to Section 2.1(c) (Governance). "WSAB Project" means the design, construction, operation and maintenance of a light rail transit system known as the West Santa Ana Branch Transit Corridor, as more fully described in EXHIBIT 1 (Project Description).

11.2 Interpretation
(a) In this Agreement unless otherwise expressly stated:
(i) headings are for convenience only and do not affect interpretation; (ii) a reference to this Agreement or any other agreement, instrument, or document is to this Agreement or such other agreement, instrument, or document as amended or supplemented from time to time;
(iii) a reference to this Agreement or any other agreement includes all exhibits, schedules, forms, appendices, addenda, attachments, or other documents attached to or otherwise expressly incorporated in this Agreement or any such other agreement (as applicable); (iv) subject to Section 11.2(a)(v) (Interpretation), a reference to an Article, Section, subsection, clause, Exhibit, schedule, form or appendix is to the Article, Section, subsection, clause, Exhibit, schedule, form, or appendix in or attached to this Agreement; (v) a reference in the main body of this Agreement, or in an Exhibit, to an Article, Section, subsection, or clause is to the Article, Section, subsection, or clause of the main body of this Agreement, or of that Exhibit (as applicable);
(vi) a reference to a person includes such person's permitted successors and assigns; (vii) a reference to a singular word includes the plural and vice versa (as the context may require); (viii) the words "including", "includes" and "include" mean "including, without limitation", "includes, without limitation" and "include, without limitation", respectively and the word "or" is not exclusive;
(ix) an obligation to do something "promptly" means an obligation to do so as soon as the circumstances permit, avoiding any delay and "shall" when stated is to be considered mandatory; and
(x) in the computation of periods of time from a specified date to a later specified date, the word "from" means "from and including" and the words "to" and "until" mean "to and including". (b) This Agreement is not to be interpreted or construed against the interests of a Party merely because that Party proposed this Agreement or some provision of it, or because that Party relies on a provision of this Agreement to protect itself.