AGENDA
A REGULAR MEETING
OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY
TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, August 16, 2022 – 6:30 P.M.
Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.
Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar, Mayor
Jose R. Gonzalez, Vice Mayor
Jack M. Guerrero, Council Member
Blanca Lozoya, Council Member
Daisy Lomelí, Council Member
REMOTE TELECONFERENCE AND
ELECTRONICALLY
This meeting will be conducted telephonically
and electronically pursuant to Government
Code § 54953
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 851 8838 1569
https://us06web.zoom.us/j/85188381569
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 16, 2022, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Guerrero
Council / Agency Member Lozoya
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar
3. PLEDGE OF ALLEGIANCE
4. LAND ACKNOWLEDGEMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
5. PRESENTATIONS
A. Presentation on Supportive Services Division
B. Recognition of Muralist
C. Recognition of Salvador Lopez Jr.
6. CLOSED SESSION PUBLIC COMMENTS - NONE
7. CLOSED SESSION - NONE
8. CLOSED SESSION ANNOUNCEMENT - NONE
Pursuant to Municipal Code Section 2.04.020, regular city council meetings are set to begin at 6:30 p.m., since there are no closed session items scheduled, the council will continue with the proceedings of this meeting without any break for closed session.
9. PUBLIC COMMENTS
(Each member of the public may provide a public comment telephonically or electronically by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if he or she wishes to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 16, 2022, at 6:30 P.M.
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)
10. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)
11. CITY MANAGER REPORT (information only)
12. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE
MEETINGS
13. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.
14. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Approval of the Local Agency Investment Fund (LAIF) for the Month of July 2022 (page 9) Presented by the Finance Director
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 16, 2022, at 6:30 P.M.
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2022 in the amount of $11,223,201.06.
B. Approval of the City Demands and Payroll Including Statement of Investment for the Month of July 2022 (page 13)
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,789,957.16 including the Statement of Investments for the month of July 2022.
C. Consideration to Review and Approve the Draft Minutes of July 26, 2022, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 25) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 26, 2022.
D. Adoption of Proposed Resolution No. 22-48 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from August 16, 2022, through September 15, 2022, Pursuant to Brown Act Provisions (page 33)
Presented by the City Attorney
Recommendation: The City Council is requested to approve proposed Resolution No. 22-48 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from August 16, 2022, through September 15, 2022, pursuant to Ralph M. Brown Act provisions.
15. PUBLIC HEARING
A. Consideration to Approve a Performance Contracting Agreement Between the City of Cudahy and Siemens Industry, Inc. for its City-Wide Energy Efficiency Facilities Modernization Project and to Adopt Resolution No. 22-49, Augmenting the FY 2022-23 Budget in an Amount Not to Exceed $6.5 million for this Project (page 41)
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 16, 2022, at 6:30 P.M.
Presented by the Public Works Director
Recommendation: The City Council is requested to approve the following:
1. Approve and authorize the city manager to execute an agreement with Siemens Industry Inc. to proceed with the City-Wide Energy Efficiency Facilities Modernization Project.
2. Adopt Resolution No. 22-49 to augment the Fiscal Year 2022-23 budget and appropriate funds in an amount not to exceed $6.5 million for the City-Wide Energy Efficiency Facilities Modernization Project.
16. BUSINESS SESSION
A. Presentation, Discussion and Direction of Reimbursed ARPA Grant Fund Utilization Plan Presented by the Finance Director
Recommendation: The City Council is requested to provide City staff direction on proposed presentation of Reimbursed ARPA Grant Fund Utilization Plan.
B. Presentation and Discussion on the Proposed Affordable Multifamily Residential Development Presented by the Contract Planner
Recommendation: The City Council is requested to provide City staff direction on the proposed affordable multifamily residential development.
C. Approval of Master Cooperative Agreement with Metro for the West Santa Ana Branch Light Rail Project (page 259)
Presented by the Public Works Director
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.
D. Approval of a Professional Services Agreement for Crossing Guard Services with All City Management Services (page 323)
Presented by the Management Analyst
Recommendation:
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 16, 2022, at 6:30 P.M.
The City Council is requested to approve a Professional Services Agreement for Crossing Guard Services with All City Management Services through June 30, 2022, for a total not to exceed amount of $62,186.40.
E. Consideration to Appoint Board Members to the Planning Commission (page 343) Presented by the City Clerk
Recommendation: The City Council is requested to review applications and appoint commission applicants to the Planning Commission.
F. Adoption of Proposed Resolution No. 22-50 Dissolving the Public Safety Commission (page 361) Presented by the Attorney
Recommendation: The City Council is requested to adopt proposed Resolution No. 22-50 dissolving the Public Safety Commission.
G. Adoption of Proposed Resolution No. 22-51 Establishing the Parks and Environmental Justice Commission, and Adopting the Objectives and Policies for the Parks and Environmental Justice Commission (page 365)
Presented by the Attorney
Recommendation: The City Council is requested to adopt proposed Resolution No. 22-51 establishing the Parks and Environmental Justice Commission and adopting the Objectives and Policies for the Parks and Environmental Justice Commission.
H. Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference & Expo, September 7-9, 2022, in Long Beach, California (page 371) Presented by the City Clerk
Recommendation: The City Council is requested to appoint a voting delegate and one or two alternates to represent the City at the 2022 League of California Cities Annual Conference Business Meeting on Friday, September 9, 2022, in Long Beach.
I. Consideration to Review and Approve the Strategic Plan 2022 to 2026 (page 377) Presented by the City Manager
Recommendation: The City Council is requested to approve the Strategic Plan 2022 to 2026, which includes the City’s vision, goals, and strategies.
17. COUNCIL DISCUSSION - NONE
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
August 16, 2022, at 6:30 P.M.
18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Bedwell Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’s Office.
Dated this 11th day of August 2022
Richard Iglesias
City Clerk
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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: Joshua Calhoun, Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of July 2022
RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2022 in the amount of $11,223,201.06.
BACKGROUND
1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.
2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.
3. On July 1, 2022, the balance in LAIF was $11,202,228.14 (See Attachment).
4. In July 2022, $20,972.92 in interest was received for the quarter ended June 30, 2022.
5. On July 31, 2022, the balance in LAIF was $11,223,201.06 (See Attachment).
ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, Item Number
14A
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 2 of 2
which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s Office investment staff at no additional cost to the taxpayer.
All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.
Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."
CONCLUSION
Once the City Council approves the current LAIF, the ending balance of $11,223,201.06, this balance may be relied upon when determining whether or not there are sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.
FINANCIAL IMPACT
None
ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance
LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of July 01, 2022 $11,202,228.14
LAIF Interest earned 20,972.92
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of July 31, 2022 $11,223,201.06
Attachment A Page 11 of 391
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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: Joshua Calhoun, Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of July 2022
RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $1,789,957.16 including the Statement of Investments for the month of July 2022.
BACKGROUND
1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."
2. During July, the following demands and payroll have been completed by the Finance Department:
Demands $1,488,801.47
Payroll Warrants 301,155.69
Total: $1,789,957.16
Attachment A
Attachment B
Item Number
14B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 2 of 2
ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2022-23 (Attachment D), and a summary of cash received and disbursed by month during FY 2021-22 (Attachment E).
Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."
CONCLUSION
The Finance Director certifies to the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.
FINANCIAL IMPACT
The Cash and Investment Report by Source (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.
ATTACHMENTS
A. Accounts Payable Check Register Report.
B. Payroll Warrants including payroll taxes and insurance premiums C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2022-23 E. Summary of Cash Receipt / Disbursement by Month FY 2021-22
City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
ONLINE PAYMENTS Page: 1
Time: 10:08 am
Date: 08/01/2022
Void/Stop
Date
Reconcile
Date
ONLINE PAYMENTS Checks
PUBLIC AGENCY RETIREMENT 125,000.00
SERV
101 07/26/22 Printed 10717 PARS Pension and OPEB Contributions (FY 2022)
Total Checks: 1 Checks Total (excluding void checks): 125,000.00 Total Payments: 1 Bank Total (excluding void checks): 125,000.00 Attachment A Page 15 of 391
City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 2
Time: 10:08 am
Date: 08/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
53092 07/07/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 06/11/22 to 891.27 06/20/22
53093 07/07/22 Printed 0001 AAA BURGLAR ALARM CO, Alarm Monitor Fee July thru September 4,720.00 2022
ADVANCED IMAGING 308.64
SOLUTIONS
53094 07/07/22 Printed 10603 Kyocera Printing Usage - CO20 05/20/22 to 06/19/22
53095 07/07/22 Printed 1778 ALL CITY MANAGEMENT School Crossing Guard Services 2,667.60 05/29/22 to June 11, 2022
53096 07/07/22 Printed 10595 ARAMSCO INC Emax 45 deodorant 912.39 53097 07/07/22 Printed 10697 ARDENT FITNESS,LLC Freeclimber and adj bench 5,990.63 AT & T LONG DISTANCE 41.92
SERVICE
53098 07/07/22 Printed 9966 Long Distance 323-771-2072 Acct# 018 087 5708 001
CARPENTER ROTHANS & 2,373.50
DUPONT
53099 07/07/22 Printed 10714 Legal Services Rendered Rivas, Irma v City of Cudahy
53100 07/07/22 Printed 5365 CITY OF BELL Reimbursement for IPMA-HR Training 425.00 53101 07/07/22 Printed 10711 CLEARNETWORK, INC. Computer endpoint protection July 2022 1,187.52 53102 07/07/22 Printed 2514-1 COUNTY OF LOS ANGELES Local Agency Formation Commission 409.82 Charges
COUNTY OF LOS ANGELES IND 1,367.61
WAST
53103 07/07/22 Printed 1206 Project W0302010 Billing Period through May 22
53104 07/07/22 Printed 10701 DANNY MORENO Magic Show Independence Day Event 225.00 53105 07/07/22 Printed 10005 DAPEER, ROSENBLIT & LITVAK Municipal code Enforcement 05/10/22 to 105.20 05/31/22
53106 07/07/22 Printed 10692 DS TECHNICIAN, INC. Treadmill/Nautilus Leg Curl Lugo Fitness 700.00 Center
DWJ PRINT & MARKETING 1,110.78
SERVICES
53107 07/07/22 Printed 10713 Replacing 2 canopies for Supervisor Hahn's Office
53108 07/07/22 Printed 4402 GATEWAY CITIES Annual Membership dues for Fiscal Year 24,700.00 2022-2023
HOME DEPOT CREDIT 252.44
SERVICES
53109 07/07/22 Printed 2724 Acct# 6035 3225 0024 3625 Hardware and Supplies
53110 07/07/22 Printed 10660 JOSE R GONZALEZ Naleo Conf./flight cancelled 678.60 reimbursement for flight
53111 07/07/22 Printed 10394 KEENAN ASSOCIATES 2021/2022 Annual Workers 5,000.00 Compensation Fee
KIMLEY-HORN AND 5,333.35
ASSOCIATES,INC
53112 07/07/22 Printed 10694 3rdProg- Prof.Engineering serv Project #LRSPL-5369(014)
53113 07/07/22 Printed 10674 KORZO CONSTRUCTION Cycle 6 ATP, Design Services Ten 1,200.00 Exhibits
53114 07/07/22 Printed 0092-7 LEAGUE OF CALIFORNIA CITIES Membership Dues: LA County Div 1,050.00 07/01/22 to 06/30/23
53115 07/07/22 Printed 10655 LUIS AGUILAR Embroidery for 47 staff t shirts 329.00 53116 07/07/22 Printed 10712 MAINSTREAM UNLIMITED Consulting - Urban Farming Hearing 545.75 Officer
53117 07/07/22 Printed 10669 MANAGEMENT PARTNERS INC ARPA - Assist and Strategic Planning - 18,089.90 Activity 7
NORTH STAR ELECTRONICS 3,599.29
LLC
53118 07/07/22 Printed 10650 GMC 2009 Ladder Truck Installation of Lighting
53119 07/07/22 Printed 1978-2 OFFICE DEPOT Acct# 89762286 6/7/22 to 6/26/22 64.24 53120 07/07/22 Printed 10436 ONTARIO REFRIGERATION Service Request 6/7/22 460.00 53121 07/07/22 Printed 10710 PAYLESS 4 PLUMBING INC. Sewer mainline stoppage in park 450.00 53122 07/07/22 Printed 10081-2 QUADIENT FINANCE USA, INC. Acct# 7900 0440 3997 8501 Postage 400.00 5/21 - 06/20/22
REGIONAL TAP SERVICE 525.00
CENTER
53123 07/07/22 Printed 9737 Senior Tap Card May 2022
53124 07/07/22 Printed 10651 RYDIN 500 3-part NCR Electrical Permits 1,439.22 53125 07/07/22 Printed 2802 SAM'S CLUB Acct# 1921 - Purchases 06/03/22 to 863.49 06/26/22
City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 3
Time: 10:08 am
Date: 08/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
53126 07/07/22 Printed 0071-1 SO CAL GAS Acct# 041 883 6870 0 7810 Otis Ave- 34.96 5/13 to 6/14/22
53127 07/07/22 Printed 0071-1 SO CAL GAS Acct# 016 800 7800 1 5/16/22 to 64.84 06/15/22-5220 Santa
SOUTHERN CALIFORNIA 2,815.00
ASSOCIATIO
53128 07/07/22 Printed 0093-1 Dues Assessment for Fiscal Year 2022/23
SOUTHERN CALIFORNIA 676.87
EDISON
53129 07/07/22 Printed 0070 Account# 700305960272 04/20/22 to 5/18/22
53130 07/07/22 Printed 10592 SPARKLETTS Water Delivery 6/6 to 6/13/22 Acct# 210.70 886209420520024
STAPLES BUSINESS 155.41
ADVANTAGE
53131 07/07/22 Printed 5647 Acct# AL 1876809 6/16 to 06/26/22 53132 07/07/22 Printed 10467 STEAMX, LLC SIGNAL HILL Glass Blast 50# bag 468.56 53133 07/07/22 Printed 10599 TIERRA WEST ADVISORS INC COA Administration May 2022 1,273.75 53134 07/07/22 Printed 8363 TIME WARNER CABLE Acct# 8448 30 044 0414297 7810 Otis 227.97 Ave-6/23 to 07/22/22
53135 07/07/22 Printed 8363 TIME WARNER CABLE acct# 8448 30 044 0431291 5220 Santa 319.98 Ana Street
53136 07/07/22 Printed 9991 TRANSTECH ENGINEERING, INC. 220608 CUD City Hall-Bedwell Hazmat 24,007.72 testing
53137 07/07/22 Printed 9951 WILLDAN COA Plan Check May 2022 28,671.13 53138 07/07/22 Printed 0643 ZUMAR INDUSTRIES. INC. BP7200-STL Base 2,049.78 53139 07/20/22 Printed 2378-3 8330 ATLANTIC AVE INC Fuel for City Vehicles 07/01/22 to 1,918.03 07/10/22
53140 07/20/22 Printed 10658 ALFONSO NOYOLA NALEO Education Fund 39th Annual Conf 440.82 -6/23 to 6/25
AMAZON CAPITAL SERVICES, 3,699.24
INC.
53141 07/20/22 Printed 10640 Supplies 06/16/22 to 06/30/22 AMERICAN CITY PEST & 457.00
TERMITE
53142 07/20/22 Printed 7995 Pest Contol Services July 2022 7810 Otis Avenue
53144 07/20/22 Printed 10595 ARAMSCO INC Maintenance Supplies 1,477.47 53145 07/20/22 Printed 0057-4 AT&T Acct# 831-001-1071 968 06/16/22 to 14.04 07/15/22
53146 07/20/22 Printed 0057-4 AT&T Acct# 323 562 2005 521 2 Business 50.28 Local Calling
53147 07/20/22 Printed 10133 AVANT-GARDE, INC. CDBG Administration Small Business 1,785.00 Support 06/22
53148 07/20/22 Printed 0175 BKM OFFICEWORKS, LLC. Two 2 Drawer Lateral file open hutch for 1,493.72 HR office
53149 07/20/22 Printed 10499 BOXING 4 KIDS LA Boxing Instructors June 2022 990.00 53150 07/20/22 Printed 7019 BUSINESS CARD Account# 5474 9704 3621 0249 June 5, 8,491.19 to July 4, 2022
53151 07/20/22 Printed 10397 CALIFORNIA CITIES FOR Annual Funding JPA Fiscal Year 15,000.00 2022-2023
53152 07/20/22 Printed 0059-2 CALPERS FY 22/23 Pers Unfunded Accrued Liabilty 318,115.00 Plan 671,23083, 27203
53153 07/20/22 Printed 10716 CARLOS J CONDE 22-23 City Wide Mural Program Mural at 5,000.00 Red Owl Liquor
CENTRAL BASIN MUNICIPAL 444.33
WATER
53154 07/20/22 Printed 4546 Recycled water tier 1 April 2022 53155 07/20/22 Printed 0136 CITY OF SOUTH GATE Public Works Maint Contract July 2022 150.00 COMMUNITY DEVELOPMENT 18,000.00
COMM
53156 07/20/22 Printed 5189 CDBG Program Income Manuel Gonzalez 53157 07/20/22 Printed 6045 CONTRERAS GARDEN SUPPLY 3 Orange Shirts 120.00 53158 07/20/22 Printed 0186 COUNTY OF LOS ANGELES Housing Costs for the month May 2022 6,959.35 53159 07/20/22 Printed 10480 COUNTY OF LOS ANGELES Pesticide Worker Safety Training 351.50 06/15/22
DWJ PRINT & MARKETING 784.46
SERVICES
53160 07/20/22 Printed 10713 Hardware for 2 canopies for Supervisor Hahn's Office
City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 4
Time: 10:08 am
Date: 08/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
53161 07/20/22 Printed 10581 FIESTA TAXI COOPERATIVE INC. Dial a ride seniors June 2022 3,985.40 53162 07/20/22 Printed 6087 FIRST AMERICAN DATA TREE Property Detail Report Services 99.00 from06/01 to 06/30/22
53163 07/20/22 Printed 2712 GEORGE A. PEREZ Reimb for Health Ins April, May, June 3,310.64 2022
53164 07/20/22 Printed 4319 GLOBAL GATE CONTROLS 20 Linear 310MHz Delta3 8 Switch 1 389.00 button visor remote
GOLDEN STATE WATER 2,740.46
COMPANY
53165 07/20/22 Printed 0126-1 Acct# 39644100008 5229 Cecilia - June 2022
HAULAWAY STORAGE 74.20
CONTAINERS
53166 07/20/22 Printed 10053 21 FT. Container Rental Unit #09920 June 2022
HINDERLITER DELLAMAS & 1,451.45
ASST
53167 07/20/22 Printed 2139 Contract Services Q4 2021 Transaction Tax April- June 22
53168 07/20/22 Printed 10693 HPM COLLISION CENTER INC Repairing Street Maint Truck#3 Richard 10,126.92 HUMAN SERVICES 5,394.52
ASSOCIATION
53169 07/20/22 Printed 10475 Care Management 4th Qtr April 2022 thru June 2022
53170 07/20/22 Printed 9723 IT SYSTEM HOUSE, LLC IT Outsourcing Monthly Fee 06/01/22 - 3,200.00 06/30/22
53171 07/20/22 Printed 10677 J.P.M. GLASS CO. 7 Glasstops for Bedwell, City Hall and 3,777.28 Clara Park
53172 07/20/22 Printed 10394 KEENAN ASSOCIATES Excess Property Coverage Fiscal Year 309,553.51 2022/2023
LA COUNTY SHERIFF'S 345,343.10
DEPARTMENT
53173 07/20/22 Printed 0197 Law Enforcement Services May 2022 53174 07/20/22 Printed 10598 LEAF Kyocera Copier/Document Fees June 422.70 2022
53175 07/20/22 Printed 6038 LGP EQUIPMENT RENTALS Equipment Rental for Independence Day 3,512.54 Event
53176 07/20/22 Printed 5411 LIEBERT CASSIDY WHITMORE ERC membership with Premium Lieber 4,615.00 library subs.
53177 07/20/22 Printed 10655 LUIS AGUILAR Laser Engraving for 72 tumbler 6 large 680.00 beer mugs
53178 07/20/22 Printed 10679 M&J CARPETS CORPORATION 1 Pallet of grafe flooring for City Hall 3,635.80 remodel
53179 07/20/22 Printed 10712 MAINSTREAM UNLIMITED Refund - Business License Bus. Lic. # 84.00 7871
OCCUPATIONAL HEALTH 1,155.00
SERVICES
53180 07/20/22 Printed 5187 PreEmployment Physical 7 Employees 53181 07/20/22 Printed 1978-2 OFFICE DEPOT Office Supplies 07/01/22 to 07/14/22 62.71 53182 07/20/22 Printed 10691 OLIVIER & DOYLE BODY SHOP Repairing Park Truck #7 Justin 3,381.41 53183 07/20/22 Printed 10436 ONTARIO REFRIGERATION Maint.Agreement-7810 Otis Ave 7/01/22 2,232.00 to 09/30/22
53184 07/20/22 Printed 9717 PCAM, LLC Monthly Shuttle Service June 2022 14,661.72 53185 07/20/22 Printed 2802 SAM'S CLUB Purchases made from 06/26/22 to 475.60 07/03/22
SOUTHERN CALIFORNIA 6,538.45
EDISON
53186 07/20/22 Printed 0070 Account# 700253825503 05/11/22 to 06/19/22
SOUTHERN CALIFORNIA 19,324.45
EDISON
53187 07/20/22 Printed 0070 Account# 700402348364 05/11 to 06/30/22
STAPLES BUSINESS 52.70
ADVANTAGE
53188 07/20/22 Printed 5647 Account# AL 1876809 06/27/22 to 06/30/22
STATE COMPENSATION INS 22,553.57
FUND
53189 07/20/22 Printed 10643 Premium Charges 07/01/22 - 08/01/22 53190 07/20/22 Printed 10467 STEAMX, LLC SIGNAL HILL Glass Blast 50# bag 206.17 SWANK MOTION PICTURES, 2,475.00
INC.
53191 07/20/22 Printed 10203 Summer Movie Nights Movie License 53192 07/20/22 Printed 8363 TIME WARNER CABLE Account# 8448 30 044 0414354 06/27/22 227.97 through 07/26/22
53193 07/20/22 Printed 0079 TRACT 180 WATER COMPANY Water Services 05/01/22 to 06/30/22 3,969.18
City of Cudahy
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number
Vendor Name Check Description
WELLS FARGO BANK Page: 5
Time: 10:08 am
Date: 08/01/2022
Void/Stop
Date
Reconcile
Date
WELLS FARGO BANK Checks
TRACT 349 MUTUAL WATER 513.96
CO
53194 07/20/22 Printed 0078 Water Service 04/15-06/15/22 Several Accounts
53195 07/20/22 Printed 9991 TRANSTECH ENGINEERING, INC. Building Plan Check Services June 2022 218.00 UNDERGROUND SERVICE 71.05
ALERT-SC
53196 07/20/22 Printed 2859 Monthly Database Maint fee New Ticket charges (37)
53197 07/20/22 Printed 5169 VASQUEZ & COMPANY City Audit for FY ended June 30, 2021 39,171.75 53198 07/20/22 Printed 9951 WILLDAN Building Official June 2022 7,630.00 53199 07/26/22 Printed 10715 LOS ANGELES GALAXY Community Excursion Trip Friday, August 1,350.00 19, 2022
Total Checks: 107 Checks Total (excluding void checks): 1,363,801.47 Total Payments: 107 Bank Total (excluding void checks): 1,363,801.47 Total Payments: 108 Grand Total (excluding void checks): 1,488,801.47
07/14/22 07/28/22 Total
(a) Direct Deposits 91,926.74 85,281.50 177,208.24
(b) ICMA Direct Deposit 1,685.00 1,685.00 3,370.00
(c) CalPERS Retirement 13,486.69 11,853.60 25,340.29
(d) Payroll taxes 20,438.56 20,707.39 41,145.95
(e) Medical 51,650.64 2,440.57 54,091.21
Total Amount 179,187.63 121,968.06 301,155.69
(a) Employees / Council Members / Commissioners
(b) Payments to ICMA
(c) Payments for CalPERS Retirement
(d) Federal / State payroll taxes and unemployment
(e) Medical Insurance
CITY OF CUDAHY
Payroll Warrants including payroll taxes and insurance premiums:
Attachment B Page 20 of 391
Type Issuer Amount % of Total
Checking - 7128 Wells Fargo 182,532.41 0.86%
Deposit - 4588 Wells Fargo 5,435,172.64 25.59%
Payroll - 4570 Wells Fargo 94,062.25 0.44%
Savings - 4752 Wells Fargo 330,135.22 1.55%
Successor Agency - 0688 Wells Fargo 3,962,372.78 18.66% Money Market Account Bank of New York (BNY) (a) 8,183.41 0.04% Pooled Savings State Local Agency 11,223,201.06 52.85%
Investment Fund (LAIF)
Total 21,235,659.77 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.
Respectfully submitted,
Joshua Calhoun
Joshua Calboun
Finance Director
CITY OF CUDAHY
Statement of Investments
07/31/2022
Attachment C Page 21 of 391
Month
Cash Receipts Disbursement
July 2021 $ 4,033,647.40 (a) 1,789,957.16
August 2021
September 2021
October 2021
November 2021
December 2021
January 2022
February 2022
March 2022
April 2022
May 2022
June 2022
Total: $ 4,033,647.40 1,789,957.16
Note (a) - Includes $2.819 M received from American Rescue Plan Act, Fund 530 Month
Cash Receipts Disbursement
July 2021 $ 845,547.28 1,589,154.35 (1)
August 2021
September 2021
October 2021
November 2021
December 2021
January 2022
February 2022
March 2022
April 2022
May 2022
June 2022
Total: $ 845,547.28 1,589,154.35
Average Per Month: 845,547.28 1,589,154.35
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.
All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2022-2023 Attachment D Page 22 of 391
Month
Cash Receipts Disbursement
July 2021 $ 4,384,936.17 (a) 1,719,070.00 (b)
August 2021 1,302,245.06 1,724,180.11
September 2021 1,466,415.84 1,914,075.46
October 2021 1,180,116.32 951,668.82
November 2021 1,237,105.57 1,138,377.87
December 2021 1,067,809.93 861,657.95
January 2022 4,005,438.74 802,654.76
February 2022 963,370.98 1,063,520.04
March 2022 865,004.36 1,114,196.44
April 2022 1,177,290.04 778,141.92
May 2022 2,627,717.86 1,456,097.60
June 2022 1,839,140.97 1,261,663.52
Total: $ 22,116,591.84 14,785,304.49
Note (a) - Includes $2.819 M received from American Rescue Plan Act Note (b) - City liability, workers comp insurance, and PERS unfunded pension Month
Cash Receipts Disbursement
July 2021 $ 3,902,895.43 (1) 1,619,239.22 (2)
August 2021 1,279,409.42 669,082.58
September 2021 844,812.89 950,848.20
October 2021 879,973.23 784,400.59
November 2021 559,848.45 732,580.26
December 2021 446,464.02 672,977.93
January 2022 2,387,758.00 (3) 677,662.37
February 2022 682,478.37 656,951.12
March 2022 579,530.62 689,284.30
April 2022 653,561.53 703,644.94
May 2022 2,280,192.31 (4) 809,591.34
June 2022 453,988.59 895,818.39
Total: $ 14,950,912.86 9,862,081.24
Average Per Month: 1,245,909.41 821,840.10
Note (1) - Includes $2.819 M received from American Rescue Plan Act Note (2) - City liab. & workers comp insurance, and PERS unfunded pension liab.
Note (3) - Includes a $1,556,568 in Motor Vehicle In-lieu receipt Note (4) - Includes a $1,532,675 in Motor Vehicle In-lieu receipt City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2021-2022 All Funds
General Fund
Attachment E Page 23 of 391
Blank Page
“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: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of July 26, 2022, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 26, 2022.
BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.
Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.
Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.
Item Number
14C
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.
The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.
City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.
CONCLUSION
City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of July 26, 2022.
FINANCIAL IMPACT
No Financial Impact.
ATTACHMENT
A. Draft Minutes July 26, 2022
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.
City Council/Successor Agency Minutes of 7/26/22 Page 1 of 4
MINUTES
CUDAHY CITY COUNCIL SPECIAL MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and
HOUSING SUCCESSOR AGENCY TO THE CUDAHY
DEVELOPMENT COMMISSION JOINT MEETING
July 26, 2022 6:30 P.M.
1. CALL TO ORDER
Mayor / Chair Alcantar called the meeting to order at 6:34 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Jack M. Guerrero
Council / Agency Member Blanca Lozoya
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Jose R. Gonzalez (arrived at 6:37 p.m.) Mayor / Chair Elizabeth Alcantar
ABSENT: Council / Agency Member Blanca Lozoya
ALSO PRESENT: City Manager, Alfonso Noyola, Deputy City Attorney, Susie Altamirano, Assistant City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Administrative Services Director, Brenda Rodriguez, and Community Development Director, Juan Arauz.
3. PUBLIC COMMENTS
Damian Martin provided information on his company, addressed Council Member Guerrero’s concern, spoke to discourage the City Council from placing the competing measure on the ballot, pointed out its flaws and ramifications, and mentioned their negotiations with the City Attorney.
Gerardo Hernandez commented on the City's social media accounts not having correct information, on having no social media awareness that the City has done to explain the initiative information, quoted Mayor Alcantar, mentioned a lack of transparency and necessary information regarding the measure, and asked the City to do a better job in proving transparency and information.
Jordan Ferguson commented that he is an attorney representing proponents of the citizen-backed initiative, the collaboration with city constituents people who live in work in the City of Cudahy to design a retail cannabis ordinance that will benefit everyone, thrive in the City, protect, mentioned percentage of residents who signed the petition, explained the difference between both ordinances, the problem of running two initiatives, and urged the Council to work with their constituents.
Susie commented that proponents of the measure were not clear to Cudahy residents and voters, residents and voters were misinformed and misguided, mentioned the Attachment A Page 27 of 391
City Council/Successor Agency Minutes of 7/26/22 Page 2 of 4 community having no need for dispensaries, spoke against the proponents, and hoped Council could pass an initiative that would protect the community.
Mr. E commented on a previous statement regarding asking for community input, the community not being aware and confused about what is going on, mentioned that this is the first time he heard about two ballot initiatives, gave suggestions on how to inform the community, asked about the impact of the established businesses that deal with manufacturing and the delivery of cannabis goods.
Jack Guerrero commented against the proposed marijuana retail presence in the community, his resentment of what the Los Angeles Times revealed of the marijuana trade, THC content being more significant than ever, stating that marijuana is a gateway drug, overall a terrible example for the young people, tax revenue, concerns of high concentration of dispensaries, disagreed with the efforts to bring this trade into the community and stated he would withdraw from closed session.
4. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.9(d)(2) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter
At 7:00 p.m., Deputy City Attorney, Susie Altamirano recessed to closed session.
At 7:49 p.m., Deputy City Attorney, Susie Altamirano reconvened to open session, announced that all members of the Council were present except for Council Member Guerrero and Lozoya, and an update was provided by legal counsel, feedback and questions were presented by City Council and no final action was taken.
Public Comment was reopened by Mayor Alcantar.
Cecilia Barajas commented that she agrees with one of the speakers, Susie, and Council Member Guerrero in regards to what they said, brought up a comment from George Ferguson, mentioned people did not know what they were signing, they were being sweet talked, people in Cudahy not needing this, stating that she is against it and her disappointment against Council Member Guerrero, asked for reconsideration and a way out of it.
Susie de Santiago commented that dispensaries are not wanted in the community's highdensity population, their effort to raise families and keep their kids off drugs, the effects of marijuana, alleged the community was deceived by paid canvassers, urged the Council to help the community and protect it.
Gerardo Hernandez asked Council to recognize all community who spoke during public comments about the lack of transparency received from canvassers in regard to the measure, brought up his previous comment about the City's lack of transparency, mentioned the mispronunciation of a prior speaker of the City name, and the need for the City to provide more awareness.
City Council/Successor Agency Minutes of 7/26/22 Page 3 of 4 Jorden Ferguson addressed the inaccuracy that proponents lied or misled the voters, mentioned conducting polling of registered voters in the City, stated that no one was deceived, addressed sensitive receptors, and let the Council know that he is here to answer any questions they may have and the proponents of the initiative have worked collaboratively with the City through the process.
Mr. E commented that he and a few neighbors were approached in regards to the ballot measure, canvassers stating it was on behalf of the City and mentioned that it would be best for the City to introduce their own ballot measure similar to what is in place, providing more transparency, education, and in-person session meetings, for the community to be educated and informed.
5. BUSINESS SESSION
Adoption of Proposed Resolution No. 22-46 (1) Giving Notice of the Submission to the Qualified Voters for the City of Cudahy of Two Separate and Competing Proposed Ordinances Relating to the Authorization and Regulation of Certain Commercial Cannabis Activities in the City of Cudahy; (2) Requesting that the Board of Supervisors of the County of Los Angeles Grant the City’s Request for Consolidation of said General Municipal Election with the November 8, 2022, Statewide General Municipal Election Administered By the Registrar-Recorder/County Clerk (“County Clerk”) of the County of Los Angeles; (3) Requesting that the County Clerk Provide Specific Election Administration Services in Connection with the City’s General Municipal Election; and (4) Setting Rules and Deadlines for Arguments and Rebuttals for and Against the Ordinance Presented by the City Attorney
Recommendation: The City Council is requested to adopt proposed Resolution No. 22- 46 adding both the Cudahy Marijuana Retail Sales Regulation and Taxation Ballot Measure as a citizen’s proposed measure and the Cudahy Cannabis Retail Sales Regulation and Taxation Ballot Measure as proposed by the City Council to the November 8, 2022, City of Cudahy General Municipal Election and setting priorities for filing written arguments and rebuttals regarding the measures.
Motion: Mayor Alcantar motioned to have a community outreach on August 2, 2022, National Night Out, schedule a Special Council Meeting on August 8, 2022, to finalize Council’s decision before the August 12, 2022, deadline, and include the Ad-Hoc Economic Development Committee to be involved in the final conversation, seconded by Vice Mayor Gonzalez. Motion passed 3-0-1 by the following roll call vote:
AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya
ABSTAIN: Guerrero
6. ADJOURNMENT
City Council/Successor Agency Minutes of 7/26/22 Page 4 of 4 Council Member Lomelí motioned to adjourn the City Council / Agency meeting at 8:57 p.m., seconded by Vice Mayor Gonzalez. Motion passed 3-0-2 by the following roll call vote:
AYES: Lomelí, Gonzalez, and Alcantar
NOES: None
ABSENT: Lozoya and Guerrero
ABSTAIN: None
Elizabeth Alcantar
Mayor
ATTEST:
Richard Iglesias
City Clerk
Attachment
B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 1 of 3
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: City Attorney’s Office
Subject: Adoption of Proposed Resolution No. 22-48 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the Period from August 16, 2022, through September 15, 2022, Pursuant to Brown Act Provisions
RECOMMENDATION
The City Council is requested to approve proposed Resolution No. 22-48 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Cudahy, for the period from August 16, 2022, through September 15, 2022, pursuant to Ralph M. Brown Act provisions.
BACKGROUND
COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, has now spread throughout the state of California, including through the City of Cudahy (“City”). On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California. On the same day as Governor Newsom’s declaration, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health (“LACDPH”) declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County. On April 10, 2020, in response to the conditions of extreme peril to the safety of persons within the City, the Cudahy City Council (“City Council”) declared a local emergency consistent with the declaration of local emergency by the LACDPH.
Item Number
14D
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 2 of 3
On September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees.
Currently, the state-declared emergency remains in effect. LACDPH has issued a series of Health Officer Orders containing mandates and recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVID-19. The most recent Public Health Order (“Health Order”) by the LACDPH, effective as of April 22, 2022, states that Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline. The Health Order continues to strongly recommend masks for all persons, regardless of vaccine status, in indoor public settings and businesses.
On July 19, 2022, the City Council adopted Resolution No. 22-41, proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City, for the period from July 19, 2022, through August 18, 2022.
ANALYSIS
AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internetbased service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. AB 361 also requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comments in real time. AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified.
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 3 of 3
All City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business. Given the County of Los Angeles is currently experiencing an increase of COVID-19 cases throughout the County, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City’s social media accounts.
Once the initial authorizing resolution is adopted, as it was on October 5, 2021, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 22-41 expires on August 18, 2022, staff recommends the City Council adopt the attached resolution before the existing resolution lapses.
CONCLUSION
In light of the continuing State declaration of emergency resulting from the COVID-19 pandemic and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, staff recommends the City Council approve proposed Resolution No. 22-48 proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Cudahy, for the period from August 16, 2022, through September 15, 2022, pursuant to Ralph M. Brown Act provisions.
FINANCIAL IMPACT
There is no financial impact on the City at this time.
ATTACHMENTS
A. Proposed Resolution No. 22-48
1 RESOLUTION NO. 22-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA PROCLAIMING A LOCAL
EMERGENCY, RATIFYING THE PROCLAMATION OF A
STATE OF EMERGENCY BY GOVERNOR NEWSOM ON
MARCH 4, 2020, AND RE-AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE CITY COUNCIL,
CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF
CUDAHY, FOR THE PERIOD FROM AUGUST 16, 2022,
THROUGH SEPTEMBER 15, 2022, PURSUANT TO
BROWN ACT PROVISIONS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Cudahy (“City”); and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health (“LACDPH”) declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act (“Brown Act”), this waiver was extended through September 30, 2021, by Executive Order N-08-21; and WHEREAS, on April 10, 2020, in response to the conditions of extreme peril to the safety of persons within the City, the Cudahy City Council (“City Council”) declared a local emergency consistent with the declaration of local emergency by the LACDPH; and WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, as stated in the most recent Public Health Order (“Health Order”) by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline; and
Attachment A Page 36 of 391
2 WHEREAS, the Health Order continues to strongly recommend masks for all persons, regardless of vaccine status, in indoor public settings and businesses; and WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; and WHEREAS, on October 5, 2021, the City Council adopted Resolution No. 21-35, proclaiming a local emergency, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City, for the period from October 5, 2021, through November 4, 2021, pursuant to Brown Act provisions; and WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 21- 43, extending Resolution No. 21-35 an additional thirty (30) days through December 4, 2021, pursuant to Brown Act provisions; and WHEREAS, on November 16, 2021, the City Council adopted Resolution No. 21- 46, extending Resolution No. 21-43 through January 3, 2022, pursuant to Brown Act provisions; and
WHEREAS, on December 21, 2021, the City Council adopted Resolution No. 21- 51, extending Resolution No. 21-46 through January 20, 2022, pursuant to Brown Act provisions; and
3 WHEREAS, on January 18, 2022, the City Council adopted Resolution No. 22-02, extending Resolution No. 21-51 through February 17, 2022, pursuant to Brown Act provisions; and
WHEREAS, on February 15, 2022, the City Council adopted Resolution No. 22- 07, extending Resolution No. 22-02 through March 17, 2022, pursuant to Brown Act provisions; and
WHEREAS, on March 15, 2022, the City Council adopted Resolution No. 22-11, extending Resolution No. 22-07 through April 14, 2022, pursuant to Brown Act provisions; and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 22-13, extending Resolution No. 22-11 through May 5, 2022, pursuant to Brown Act provisions; and
WHEREAS, on May 3, 2022, the City Council adopted Resolution No. 22-19, extending Resolution No. 22-13 through June 2, 2022, pursuant to Brown Act provisions; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 22-21, extending Resolution No. 22-19 through June 16, 2022, pursuant to Brown Act provisions; and
WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 22-25, extending Resolution No. 22-21 through July 7, 2022, pursuant to Brown Act provisions; and
WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 22-36, extending Resolution No. 22-25 through July 21, 2022, pursuant to Brown Act provisions; and
WHEREAS, on July 19, 2022, the City Council adopted Resolution No. 22-41, extending Resolution No. 22-36 through August 18, 2022, pursuant to Brown Act provisions; and
WHEREAS, the City continues to recommend measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City’s social media accounts; and
WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events and social distancing, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361’s abbreviated teleconferencing procedures.
4 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. The City Council finds that the State and County declarations of emergency in response to the COVID-19 pandemic remain in place.
SECTION 3. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, continues to recommend social distancing and masks.
SECTION 4. The City of Cudahy staff along with the City Council are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public City Council and City Board and Commission meetings in accordance with the newly revised provisions of the Ralph M.
Brown Act.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
SECTION 6. This Resolution shall take effect immediately upon adoption and shall be effective until the earlier of (i) September 15, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Cudahy may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 16th day of August 2022. ______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
5 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. 22-48 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 16th day of August 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
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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: Consideration to Approve a Performance Contracting Agreement Between the City of Cudahy and Siemens Industry, Inc. for its City-Wide Energy Efficiency Facilities Modernization Project and to Adopt Resolution No. 22-49, Augmenting the FY 2022-23 Budget in an Amount Not to Exceed $6.5 million for this Project
RECOMMENDATION
The City Council is requested to approve the following:
1. Approve and authorize the city manager to execute an agreement with Siemens Industry Inc. to proceed with the City-Wide Energy Efficiency Facilities Modernization Project.
2. Adopt Resolution No. 22-49 to augment the Fiscal Year 2022-23 budget and appropriate funds in an amount not to exceed $6.5 million for the City-Wide Energy Efficiency Facilities Modernization Project.
BACKGROUND
1. On October 19, 2021, Siemens Industry, Inc. (Siemens) presented its preliminary assessment findings, identifying citywide energy savings opportunities and providing a roadmap if the City chose to proceed with the project.
2. On November 2, 2021, City Council authorized the city manager to execute a letter of intent with Siemens Industry, Inc. to proceed with the detailed study of the Renewable and Energy Efficiency Program.
3. On June 15, 2022, Siemens presented its findings to City staff and provided different options of proposed improvements the City could select to develop a scope of work.
4. On June 29, 2022, City staff and Siemens held a follow-up meeting to refine the scope of Item Number
15A
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work, project costs, and financing options.
5. On August 1, 2022, Siemens provided its Investment Grade Audit Detailed Study Report to City staff.
6. On August 5, 2022, the City published a public notice on its intention to consider entering into an energy services contract with Siemens.
ANALYSIS
In an effort to address rising energy and operation costs by upgrading existing City facilities, The City worked with Siemens to conduct an Investment Grade Audit (IGA) that identified energy saving infrastructure improvements on the facilities listed below (Attachment A):
Building / Parks Address
City Hall / Library 5220 Santa Ana St.
Bedwell Hall 5218 Santa Ana St.
Cudahy Park 5220 Santa Ana St.
Clara Street Park / Community
Center, Sports complex
4835 Clara St.
Clara expansion park 4838 Clara St.
Public Works / Lugo Park 7810 Otis Ave.
Energy saving facility improvement projects were identified through thorough on-site facility inspections to identify and evaluate Facility Improvement Measures (FIMs) opportunities that would provide energy, maintenance, or other cost savings. The projected savings for each FIM was quantified using computer simulation models and spreadsheet calculations. The input data was derived from site visits, interviews with City administration and staff, electric power and related measurements, data logging and observation of the operation of existing equipment and occupancy patterns, engineering drawings, and utility billing data.
The analysis included assessing the existing HVAC, building lighting, mechanical automation, street and outdoor lighting, as well as solar powered infrastructure. Ultimately, the IGA recommended the following facility improvement measures:
• Interior and Exterior LED Lighting
• City Owned Street Lighting
• Solar PV
• Roof Replacement
• Mechanical Upgrades
• Transformer Upgrades
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Based off these recommendations identified in the IGA, City staff recommended the following facility improvement projects to be included in the scope of work:
• Upgrade interior and exterior lighting to LED at all City facilities. • Conduit a detailed street lighting audit and upgrade City owned Street lighting to LED with long life photocell.
• Install Solar PV systems for the City Hall, Community Center/Clara Park and Public Works/Lugo Park. City Hall system type shall be carport and remaining buildings will be roof mounted.
• Replace existing roofs at the City Hall/Library, Public Works/Lugo Park and Community Center/Clara Park with PVC roofing.
• Replace all existing package units and split systems to new high efficiency systems. • Install new Power Smith transformers to replace old inefficient transformers located at the City Hall and Bedwell Hall.
The table below summarizes the proposed scope of work. A detailed description of the scope of work is found on Attachment B:
Scope of Work
LED LightingLED Street LightingSolarRoof Replacement (Carlisle)HVAC and ControlsTransformerSkylight Replacement City Hall, Library, Cudahy Park X X X X X
Bedwell Hall X X X
Lugo Park, Public Works X X X X X
Clara Street Park, Sports Complex, Community
Center X X X X X
City Owned Street Lighting X
Clara Expansion Park X
Cudahy River Park X
The proposed scope of work is projected to accumulate over $9 million in savings over a 15- year period. The annual savings breakdown is below:
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Performance
Period
Energy
Savings
Solar
Savings
Operational
Savings
Total
Savings
Annual Period 1 $ 59,752 $ 31,311 $ 391,757 $ 482,820
Annual Period 2 $ 62,142 $ 32,564 $ 403,510 $ 498,216
Annual Period 3 $ 64,628 $ 33,866 $ 415,615 $ 514,109
Annual Period 4 $ 67,213 $ 35,221 $ 428,084 $ 530,517
Annual Period 5 $ 69,902 $ 36,630 $ 440,926 $ 547,457
Annual Period 6 $ 72,698 $ 38,095 $ 454,154 $ 564,946
Annual Period 7 $ 75,606 $ 39,619 $ 467,778 $ 583,003
Annual Period 8 $ 78,630 $ 41,203 $ 481,812 $ 601,645
Annual Period 9 $ 81,775 $ 42,851 $ 496,266 $ 620,893
Annual Period 10 $ 85,046 $ 44,566 $ 511,154 $ 640,766
Annual Period 11 $ 88,448 $ 46,348 $ 526,489 $ 661,285
Annual Period 12 $ 91,986 $ 48,202 $ 542,283 $ 682,471
Annual Period 13 $ 95,665 $ 50,130 $ 558,552 $ 704,347
Annual Period 14 $ 99,492 $ 52,135 $ 575,308 $ 726,936
Annual Period 15 $ 103,472 $ 54,221 $ 592,568 $ 750,260 TOTALS $ 1,196,454 $ 626,961 $ 7,286,256 $ 9,109,671
Moreover, this project is included in the City’s recently adopted Capital Improvement Plan (CIP) under Efficiency & Renewable Energy Project and Cudahy City Facilities Improvement Project.
Approving this agreement ensures that we continue successfully implementing the CIP in a timely manner.
California Government Code Sections 4217.10-4217.18 were enacted in 1984. The purpose was to assist public agencies in expediting and financing energy infrastructure projects and measures. This Code eliminates the necessity to separately contract for design and construction phases of the project. As well, it provides exception from bidding for energy performance contracting projects. Not only is this allowed for General Law cities in the State of California, it is encouraged by the State to address energy efficiency and deferred maintenance projects common in public agencies.
Total project costs are not to exceed $6.5 million, of which approximately $6.3 million will be through Siemens, with approximately $200,000 to be utilized by City contractors for specific components of the project. A total of $5.1 million will be financed through tax exempt lease
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financing over 15 years at an interest rate of 4.25% for total principal and interest payments of $7,214,490. The total of the annual debt payments do not exceed the anticipated cost recovery.
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. The City’s costs to repay Siemens over the 15-year period will come from energy savings, guaranteed by Siemens, and capital cost. The City will save the cash flow that would have been needed if the City completed these deferred maintenance projects out of the budget.
Resolution No. 22-49 would augment the FY 22-23 City Budget to appropriate approximately $5.1 million to its capital improvement budget, increasing the not-to-exceed fiscal limit to $6.5 million. This would allow the full financing of this project. The original $1.4 million General Fund allocation from (one-time) reimbursed ARPA funds would be used as an upfront payment for this project, the remaining $5.1 million project cost would be financed by Siemens and paid by the City through energy cost savings over a 15 year period.
CONCLUSION
City staff recommends authorizing the city manager to execute this agreement with Siemens to implement its City-Wide Energy Efficiency Facilities Modernization Project. Council is also requested to adopt Resolution No. 22-49 to fully finance this project. Doing so would result in approximately $9.1 million in cost savings over 15 years as well as secure funding to major projects in the City’s Capital Improvement Plan.
FINANCIAL IMPACT
The total project costs are not to exceed $6.5 million. $5.1 million will be financed through tax exempt lease financing over 15 years at an interest rate of 4.25% for total principal and interest payments of $7,214,490. 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. The City’s costs to repay Siemens over the 15-year period will come from energy savings, guaranteed by Siemens, and capital cost.
ATTACHMENTS
A. Performance Contracting Agreement Between the City of Cudahy and Siemens Industry, Inc. for it City-Wide Energy Efficiency Facilities Modernization Project B. Investment Grade Audit
C. Resolution No. 22-49
D. Proof of Publication
E. Siemens Asset Maintenance Services Program
Smart Infrastructure
PERFORMANCE CONTRACTING AGREEMENT
between
City of Cudahy, CA
and
Siemens Industry, Inc.
TABLE OF ARTICLES
1. Agreement
2. Glossary
3. General
4. Performance Guarantee
5. Work by SIEMENS
6. CLIENT Responsibilities
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
12. Miscellaneous Provisions
13. Maintenance Services Program
Attachment A Page 46 of 391
PERFORMANCE CONTRACTING AGREEMENT
Agreement PCA-100 PUBLIC version 2019v2
Smart Infrastructure
Number: 44OP-310036
Article 1
AGREEMENT
THIS PERFORMANCE CONTRACTING AGREEMENT (“Agreement”) is made this day of , (the “Effective Contract Date”, defined below), by and between Siemens Industry, Inc. (“SIEMENS”) and the party identified below as the CLIENT.
The CLIENT: City of Cudahy
5220 Santa Ana St.
Cudahy, CA. 90201
DESIGNATED REPRESENTATIVE: Alfonso Noyola - City Manager PHONE: (323) 773-5143, Extension 226
Siemens Industry, Inc.
1000 Deerfield Parkway
Buffalo Grove, Illinois 60089
With offices at: 6141 Katella Avenue
Cypress, CA. 90630
DESIGNATED REPRESENTATIVE: Ernest Kim – Business Dev. Manager PHONE: (714) 425-7140
For Work and Services in connection with the following project (the “Project”):
City-Wide Energy Efficiency Facilities Modernization Project The CLIENT considered performing the following FIMs but at this time, has determined to exclude them from the Scope of Work and Services, Exhibit A:
• Electric Vehicle Charging Stations
• Air-Conditioned Space for the GYM at the Community Center • SCE Streetlights Acquisition
• Sports Field Lighting at Cudahy Park
• Sky Light Replacement at City Hall and Bedwell Hall
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
Articles and Attachments
This Agreement consists of this document, which includes the following articles and exhibits which are acknowledged by the CLIENT and SIEMENS and incorporated into the Agreement by this reference:
Articles
1. Agreement
2. Glossary
3. General
4. Performance Guarantee
5. Work BY SIEMENS
6. The CLIENT’s Responsibilities
7. Changes and Delays
8. Compensation
9. Acceptance
10. Insurance and Allocation of Risk
11. Hazardous Material Provisions
12. Miscellaneous Provisions
13. Maintenance Services Program
Exhibits
Exhibit A Scope of Work and Services
Exhibit B Payment Schedule(s)
Exhibit C Performance Assurance
Exhibit D1 Form of Certificate of Substantial Completion Exhibit D2 Form of Certificate of Final Completion
This Agreement, when executed by an authorized representative of the CLIENT and authorized representatives of SIEMENS, constitutes the entire, complete and exclusive agreement between the Parties relative to the project scope stated in Exhibit A. This Agreement supersedes all prior and contemporaneous negotiations, statements, representations, agreements, letters of intent, awards, or proposals, either written or oral relative to the same, and may be modified only by a written instrument signed by both Parties.
COMPENSATION/TERMS OF PAYMENT:
As full consideration for the performance of the Work and Services set forth in Exhibit A, and for the Performance Assurance set forth in Exhibit C, the CLIENT shall pay SIEMENS in such manner and amounts as agreed to in Exhibit B.
Agreed for City of Cudahy
(Signature) by:
Print Name and Title:
(Signature) by:
Print Name and Title:
Agreed for Siemens Industry, Inc.
(Signature) by:
Print Name and Title:
(Signature) by:
Print Name and Title:
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
Article 2
Glossary
The following terms shall for all purposes have the meanings stated herein, unless the context otherwise specifies or requires, or unless otherwise defined in the Agreement:
Acceptance means the CLIENT has signed, or is deemed to have signed, a Certificate of Final Completion.
Acceptance Date means the date on which the CLIENT signs or is deemed to have signed a Certificate of Final Completion.
Annual Performance Assurance Report means the document prepared by SIEMENS and submitted to the CLIENT as part of the Performance Assurance Service Program, which identifies the Savings achieved for the applicable Annual Period.
Annual Period means a twelve (12) month period beginning on the Guarantee Date or on any anniversary date thereof.
Annual Realized Savings means the actual Savings achieved by the CLIENT during an Annual Period, calculated as the sum of the Measured & Verified Savings plus the Stipulated Savings.
Applicable Law means all applicable laws, including Environmental Laws, treaties, ordinances, rules, regulations and interpretations of any Governmental Authority having jurisdiction over the design, engineering, fabrication, manufacturing, Delivery, assembly, erection, installation, and/or the performance of the Parties’ obligations under this Agreement.
Applicable Permits means the permits, clearances, licenses, authorizations, consents, filings, exemptions or approvals from or required by any Governmental Authority that are necessary for the performance of the Parties’ obligations under this Agreement.
Baseline means the measurements of Facility energy usage taken prior to the Effective Contract Date, and the Facility operating practices in effect prior to the Effective Contract Date, as set forth in the Performance Assurance, Exhibit C.
Baseline Period means the period of time from which data is provided to SIEMENS to derive the Baseline measurements.
The Baseline Period is set forth in the Performance Assurance, Exhibit C.
BTU means a British Thermal Unit and is a unit of thermal energy.
Capital Off-Set Savings means a sub-category of Operational Savings where Savings will result in a cost-effective upgrade to the Facility to address one or more of the following issues: potential future increased costs, comfort, code non-compliance, usage requirements, user needs and/or expectations.
Certificate of Final Completion means a document, in the form attached as Exhibit D2 hereto, indicating that the Work identified in Article 1 of the Scope of Work and Services-Exhibit A has been completed in accordance with the Agreement, including all items in the Outstanding Items List(s).
Certificate of Substantial Completion means a document, in the form attached as Exhibit D1 hereto, indicating that the Work, or a designated portion of the Work, is Substantially Complete in accordance with the Agreement. A Certificate of Substantial Completion may be accompanied by an Outstanding Items List.
CLIENT Representative means the person identified to SIEMENS by the CLIENT as the person authorized to make decisions on behalf of the CLIENT as set forth in Section 6.1(a) hereof.
Construction Period means the period between the Effective Contract Date and the first day of the month following the Acceptance Date.
Construction Period Savings means the actual accumulated Measured & Verified Savings plus the Stipulated Savings achieved from the Effective Contract Date until the Guarantee Date.
Contracted Baseline means the post-FIM-implementation Facility operating profile based on parameters described in Exhibit C, which the CLIENT shall maintain throughout the Performance Guarantee Period and are relied upon by SIEMENS for the calculation of Guaranteed Savings as provided in the Performance Assurance, Exhibit C. The Contracted Baseline must also include stipulated hours of operation and plug-loads for all Facilities, and must include stipulated blended, or non-blended, utility rates.
Deferred Maintenance means a sub-category of Operational Savings where Savings result from a reduction of current or potential future repair and maintenance costs due to certain work being performed hereunder where such work had been previously postponed.
Deliverables shall mean collectively, (a) any Equipment and any Software Product deliverable to CLIENT from SIEMENS under or in connection with the Work, and (b) any Work Product Deliverables.
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
Effective Contract Date is the date appearing at the top of this Agreement, unless specifically indicated otherwise.
Energy Conservation Measure or ECM means the SIEMENS Products and/or other third-party equipment, devices, materials and/or software as installed by SIEMENS at the Facilities, or as repaired or replaced by SIEMENS or the CLIENT hereunder, for the purpose of improving the efficiency of utility consumption.
Environmental Laws means applicable national, state/commonwealth, municipal, and local laws as well as all rules, regulations, codes, standards, permits, directives, or ordinances that impose liability or standards of conduct (including disclosure or notification requirements) concerning the protection of human health or the environment, including, without limitation, all laws affecting, controlling, limiting, regulating, pertaining, or relating to the manufacture, possession, presence, use, generation, storage, transportation, detection, monitoring, treatment, Release, disposal, abatement, cleanup, removal, remediation, or handling of Hazardous Materials.
Equipment means the installed physical equipment to be provided by SIEMENS as described in the Scope of Work and Services, Exhibit A.
Escalation Rate means an annual percentage increase to be applied to the previous Annual Period’s energy savings, operational savings and service pricing, beginning and occurring on dates outlined in the Performance Assurance, Exhibit C.
A different Escalation Rate may be applied to differing Savings calculations and/or payment schedules depending on the percentage agreed upon by the Parties.
Facility or Facilities means the building(s) or structure(s) where Work will be installed or implemented.
Facility Improvement Measures or FIMs means the (i) Instruments, know-how and Intellectual Property, including but not limited to methods and techniques for energy conservation, owned or licensed by SIEMENS and employed by SIEMENS to perform the Work and Services under this Agreement; and, (ii) the installation of Equipment and Software Products with the intent of generating net savings or efficiencies at or in connection with the operation of the Facilities. A FIM may include one or multiple ECMs as well as any non-conservation-related activities, means or methods.
FEMP means the Federal Energy Management Program managed by the United States Department of Energy.
FEMP Guidelines means the FEMP M&V Guidelines v. 3.0 published by FEMP as M&V Guidelines; Measurement and Verification for Federal Energy Management Projects.
Governmental Authority means any federal, state/commonwealth, local or other governmental, judicial, public or statutory instrumentality, tribunal, agency, authority, body or entity, or any political subdivision thereof, having legal jurisdiction over the matter or Person in question.
Guarantee Date means the first day of the month following the date on which the CLIENT executes, or is deemed to have executed, the Certificate of Final Completion.
Guaranteed Annual Savings are the Guaranteed Measured & Verified Savings plus the Stipulated Savings that SIEMENS guarantees will be achieved in an Annual Period of the Performance Guarantee Period.
Guaranteed Measured & Verified Savings means the Measured & Verified Savings that SIEMENS guarantees will be achieved, as described in the Performance Assurance, Exhibit C.
Guaranteed Savings means the amount of Savings that SIEMENS guarantees will be achieved at the Facility during the Performance Guarantee Period. as identified in the Performance Assurance, Exhibit C as subject to the limitation identified in Section 4.8.
Hazardous Materials means any material, substance, or waste, that, by reason of its composition or characteristics, is hazardous to human health and/or the environment, including any “solid waste” or “hazardous waste,” as those terms are defined by the Resource Conservation and Recovery Act of 1976, as amended, any “hazardous substance,” as that term is defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and any other hazardous, toxic or radioactive chemical, waste, byproduct, pollutant, contaminant, compound, product, material or substance, including without limitation, Asbestos, Asbestos containing materials (“ACM”), polychlorinated biphenyls, petroleum (including crude oil or any fraction or byproduct thereof), hydrocarbons, radon, urea, urea formaldehyde, and any other material that is prohibited, controlled, limited or regulated in any manner under any Environmental Laws..
Instruments means all know-how, tools and related documentation owned or licensed by SIEMENS and used by SIEMENS to install or commission Equipment and Software Products for operation at the Facility, including but not limited to tools for installing any Software Products in Equipment, performing diagnostics on Equipment as installed in the Facility as well as any reports, notes, calculations, data, drawings, estimates, specifications, manuals, documents, all computer programs, codes and computerized materials prepared by or for SIEMENS and used by SIEMENS to provide an ECM or a FIM. Instruments excludes Work Product Deliverables.
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
Intellectual Property Rights or Intellectual Property means all trade secrets, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trademarks), services marks, trade names, internet domain names, copyrights (including rights in computer software), moral rights, database rights, design rights, rights in know-how, rights in inventions (whether patentable or not) including, but not limited to, any and all renewals or extensions thereof, and all other proprietary rights (whether registered or unregistered, and any application for the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world, including, but not limited to, any and all renewals or extensions thereof.
IPMVP means the International Performance Measurement and Verification Protocol, Volume 1, EVO 10000-1.2007 as prepared by the Efficiency Valuation Organization.
kW and kWh mean kilowatt and kilowatt hour, respectively.
Maintenance Services Program or MSP means the Services performed by SIEMENS to maintain the Equipment in good working order. The MSP may also contain Services unrelated to the maintenance of the Equipment. If applicable, the MSP is more fully described in the Scope of Work and Services, Exhibit A.
Material Change means a measurable deviation in the Contracted Baseline such that there is an adverse impact on the Annual Realized Savings which results or will result in a Savings Shortfall.
Measured & Verified Savings means those Savings that can be calculated and ascertained by the methodology set forth in the Performance Assurance, Exhibit C.
Operational Savings means Savings derived from reduced operational expenses, including but not limited to, Deferred Maintenance, or Capital Off-Set Savings. Operational Savings can only be expressed in monetary value and are Stipulated Savings.
Outstanding Items List means a list of items in need of completion or correction that relates to the Work, or a designated portion thereof that is Substantially Complete. The absence of such items does not deprive the CLIENT of the ability to put such Work, or a designated portion thereof to beneficial use. An Outstanding Items List may be attached to a Certificate of Substantial Completion.
Parties means the CLIENT and SIEMENS.
Performance Assurance is the process of ascertaining whether the FIMs are performing at the level necessary to achieve the Guaranteed Savings.
Performance Assurance Services Program or PASP means the Services required to monitor the operation of the FIMs so that SIEMENS can provide the Annual Performance Assurance Report detailing the Annual Realized Savings and comparing the same to the Annual Guaranteed Savings based upon the calculations agreed to by the Parties in the Performance Assurance, Exhibit C. The Services provided under the PASP are described in the Scope of Work and Services, Exhibit A.
Performance Guarantee means the guarantee that SIEMENS makes to the CLIENT which is reconciled and confirmed through the Performance Assurance process set forth in the Performance Assurance, Exhibit C.
Performance Guarantee Period means the timeframe from the Guarantee Date to the last day of the final Annual Period as described in Table 1.1 of the Performance Assurance, Exhibit C, or the period from the Guarantee Date until the termination of this Agreement, whichever occurs earlier.
Permitted Users means the CLIENT, its employees and agents.
Person or Persons means any individual, corporation, partnership, limited liability company, association, joint stock company, trust, unincorporated organization, joint venture, government or political subdivision or agency thereof.
Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any Hazardous Materials into the environment, including the abandonment or discard of barrels, containers, and other closed receptacles containing any Hazardous Materials.
Savings means the Parties’ intended result from implementing all FIMs. Savings can be derived from reductions in energy or utility consumption, reductions in operating expenses, a changed utility rate classification or a combination thereof. The Savings that are achieved from reduced energy or utility consumption are converted to a dollar figure based upon the calculation in Article 4.1.1 and as detailed in the Performance Assurance, Exhibit C. When converted to a dollar figure, these Savings become energy cost savings. Operational Savings are only expressed in a dollar figure.
Savings Shortfall means the Annual Realized Savings less the Guaranteed Annual Savings for the Annual Period resulting in an amount less than zero.
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Services means those services to be provided by SIEMENS as described in the Scope of Work and Services, Exhibit A.
SIEMENS Permits means the Applicable Permits that SIEMENS is required to obtain in SIEMENS’s name in order to perform the Work under Applicable Law (as it exists on the Effective Date).
SIEMENS Pre-existing Intellectual Property means any Intellectual Property: (i) that has been conceived or developed by an employee or subcontractor of SIEMENS before SIEMENS performs any Work or Services under this Agreement; (ii) that is conceived or developed by such employee or subcontractor at any time wholly independently of SIEMENS performing the Work under this Agreement; or, (iii) if developed while performing the Work under this Agreement, where the development of Intellectual Property for the benefit of the CLIENT is not expressly identified as a FIM or part of a FIM. SIEMENS Pre-existing Property is included in all reports, notes, calculations, data, drawings, estimates, specifications, manuals, documents, all computer programs, codes and computerized materials prepared by or for SIEMENS.
SIEMENS Product means a product, including Software Product and/or Equipment, offered for sale or license by SIEMENS or its affiliates or subsidiaries and developed prior to performing the Work or SIEMENS rendering services in connection with this Agreement. A SIEMENS Product also includes improvements or modifications to any Equipment and any Software Product developed by SIEMENS or developed as part of the Work, including any SIEMENS Product that is configured or modified for operation at a site specified by the CLIENT. Any information that is provided by the CLIENT and incorporated into a SIEMENS Product is not, by itself, a SIEMENS Product. A compilation of such information and the product of such compilation, however, is a SIEMENS Product.
Software Product means any software that is owned or licensed by SIEMENS or its affiliates and that is either separately deliverable for use in the Equipment or for use in a computer system owned by the CLIENT or delivered as firmware embedded in the Equipment.
Stipulated Savings are a sub-category of Guaranteed Savings that do not require post-FIM implementation measurement and verification because they are agreed upon by the Parties based upon representations made to SIEMENS by the CLIENT and through the application of generally accepted analytical formulae. As such, Stipulated Savings are agreed upon in advance by the Parties and cannot be changed. When used as a methodology for representing a FIM’s energy savings, such methodology is not recognized as a measurement and verification methodology under IPMVP. Therefore, where the IPMVP measurement methodologies are required, a methodology other than Stipulated Savings must be used to calculate energy savings.
Substantial Completion or Substantially Complete means the Work, or any identifiable portion thereof, which is sufficiently complete, in accordance with the provisions of this Agreement relating to the Scope of the Work and Services, Exhibit A, such that the CLIENT will be able to realize from such Work substantially all of the practical benefits intended to be gained therefrom, or otherwise employ the Work or the FIMs for their intended purposes.
Therm is a measure of energy equal to 100,000 BTUs.
Total Guaranteed Savings means the sum of the Savings that are guaranteed for all Annual Periods during the Performance Guarantee Period (inclusive of the Construction Period, if applicable). The Total Guaranteed Savings are reflected in Tables
1.1 and 1.2 in the Performance Assurance, Exhibit C.
Work means collective labor, Equipment and services comprising the FIMs to be performed by SIEMENS, as described in the Scope of Work and Services, Exhibit A.
Work Product Deliverable means the tangible form of a report or drawing specifically developed for, commissioned by and deliverable to the CLIENT in connection with the Work to be performed by SIEMENS under this Agreement.
Article 3
General
3.1 The Parties hereto acknowledge and agree that this Agreement has been negotiated at arm’s length and among the Parties equally sophisticated and knowledgeable as to the subject matter of this Agreement. Each party has conferred, or has had the opportunity to confer, with their respective legal counsel. Accordingly, in the event any claim is made relating to any conflict, omission, or ambiguity in this Agreement, no presumption, burden of proof, or persuasion shall be implied by virtue of the fact that this Agreement was drafted by or at the request of a particular party or its legal counsel.
3.2 The CLIENT hereby retains SIEMENS as an independent contractor, not an agent or employee of the CLIENT, to perform and provide, or cause to be performed and provided, and SIEMENS hereby agrees to perform and provide, or cause to be performed or provided, the Work and Services set forth in Exhibit A all in accordance with the terms and conditions of this Agreement. No employee or agent of SIEMENS shall be, or shall be deemed to be, an employee or agent of the CLIENT.
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3.3 SIEMENS shall have exclusive control of the manner and means of performing the Work in accordance with the requirements of the Agreement. SIEMENS, however, has no authority to act or make any agreements or representations on behalf of the CLIENT.
3.4 SIEMENS represents, warrants and covenants to the CLIENT that:
(a) It has all requisite corporate power to enter into this Agreement, and that its execution hereof has been duly authorized and does not and will not constitute a breach or violation of any of SIEMENS organizational documents, any Applicable Law, or any agreements with third parties; (b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of SIEMENS, in accordance with its terms, and all requirements have been met and procedures have been followed by SIEMENS to ensure the enforceability of the Agreement;
(d) To SIEMENS best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against or affecting SIEMENS that affects the validity or enforceability of this Agreement; and, (e) It is duly authorized to do business in all locations where the Work and Services are to be performed.
3.5 The CLIENT represents, warrants and covenants to SIEMENS that:
(a) It has all requisite corporate power and/or statutory authority to enter into this Agreement, and that its execution hereof has been duly authorized and does not and will not constitute a breach or violation of any of the CLIENT’s organizational documents, any Applicable Law, or any agreements with third parties; (b) It has done and will continue to do all things necessary to preserve and keep in full force and effect its existence and the Agreement;
(c) This Agreement is the legal, valid and binding obligation of the CLIENT, in accordance with its terms, and all requirements have been met and procedures have been followed by the CLIENT to ensure the enforceability of the Agreement;
(d) To the CLIENT’s best knowledge, there is no pending or threatened, suit, action, litigation or proceeding against or affecting the CLIENT that affects the validity or enforceability of this Agreement; and, (e) The CLIENT has consulted with its legal counsel and is relying on the advice of its counsel concerning all legal issues related to this Agreement, and is not relying on SIEMENS in this regard.
Article 4
Performance Guarantee
4.1 The Annual Realized Savings generated during each Annual Period will be no less than the Guaranteed Annual Savings as shown in Tables 1.1 and 1.2 of the Performance Assurance, Exhibit C, subject to the limits in Section 4.8. The measurement and verification calculation methodology for determining the Savings is set forth in the Performance Assurance, Exhibit C.
4.1.1General. Except as otherwise provided, energy savings will be calculated for each month of each Annual Period as the product of (a) “units of energy saved” (kWh, Therms, GJ, etc.) multiplied by (b) “cost of energy.” (a) Units of energy saved are calculated by 1) assuming the Contracted Baseline has been maintained per Section 4.3 below, and 2) subtracting the then current period measured units of energy consumed from the Baseline units of energy defined in Article 5 of Exhibit C. (b) Costs of energy are defined in Article 6 of Exhibit C-Utility Rate Structures and Escalation Rates.
4.2 Any future Escalation Rates to be applied to utility, energy or other costs are set forth in Exhibit C. SIEMENS and the CLIENT agree that the Baseline data set forth in Exhibit C is a full and accurate reflection of the existing Facility, equipment, operation, business use and energy usage, and that such Baseline data will be the basis on which all future energy use will be compared in order to determine the Annual Realized Savings.
4.3 SIEMENS and the CLIENT agree that the Contracted Baseline fully described in Exhibit C will represent the new operating and/or equipment profile of the Facility resulting from the FIM implementation. The Performance Guarantee is dependent upon and is subject to the express condition that the CLIENT operates and maintains its Facilities within the Contracted Baseline parameters, as may be adjusted in accordance with the terms herein, during the entire term of the Performance Guarantee Period.
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4.4 The CLIENT agrees to notify SIEMENS prior to or within thirty (30) days of CLIENT’s knowledge of any Material Change.
4.5 Within thirty (30) days of notice of a Material Change, SIEMENS’ discovery of a Material Change and with prompt notice to CLIENT, SIEMENS will either:
(a) Require an adjustment to the Performance Assurance and the Performance Guarantee as a result of the Material Change; or,
(b) Where a commercially reasonable adjustment to the Performance Guarantee is unavailable, terminate both the Performance Assurance and the Performance Guarantee.
4.6 A Performance Guarantee Period savings reconciliation as identified in Section 4.1 will be performed at the end of each Annual Period as follows:
(a) Within ninety (90) days of the Guarantee Date, the Construction Period Savings shall be reconciled and applied to the calculation of the first Annual Period’s Annual Realized Savings. (b) At the conclusion of each Annual Period, SIEMENS will calculate the Annual Realized Savings and compare the calculated amount to the applicable Guaranteed Annual Savings amount. (c) Where the Annual Realized Savings are less than the Guaranteed Annual Savings, a Savings Shortfall shall be recorded for the applicable Annual Period.
(d) A Savings Shortfall shall be paid by SIEMENS within sixty (60) days following the CLIENT’s acceptance of the reconciliation and once paid SIEMENS shall have fulfilled its obligations under the Performance Guarantee for the applicable Annual Period.
4.6.1 As the mutual goal of the Parties is to maximize Savings, if SIEMENS can correct a Savings Shortfall through an operational improvement at no expense or material inconvenience to the CLIENT and without future operational expenses, and the CLIENT declines to allow such operational improvement, then any future Savings Shortfall that the improvement would have corrected will be negated by deeming the value of the Savings Shortfall as Savings achieved and adding the amount of same to the Annual Realized Savings calculations for each Annual Period thereafter.
4.7 The Performance Guarantee is dependent upon and is subject to the express condition that the CLIENT maintains the PASP during the entire Performance Guarantee Period. If the CLIENT fails to maintain, breaches, cancels or otherwise causes the termination of the PASP then; (a) The Performance Guarantee shall terminate immediately and be void and of no force or effect; or, (b) Where termination of the Performance Guarantee acts to render the Agreement in violation of Applicable Law, all Guaranteed Savings thereafter shall be determined to have been achieved and SIEMENS shall have been deemed to have met its Performance Guarantee obligations under this Agreement for each and every Annual Period thereafter without the obligation to provide the CLIENT, or any third-party as the case may be, with any further Annual Performance Assurance Reports.
4.8 The payments and credits based on Savings Shortfalls, if any, are the sole remedy of the CLIENT under this Performance Guarantee. ANY PAYMENTS MADE OR TO BE MADE TO THE CLIENT UNDER THE TERMS OF THIS
PERFORMANCE GUARANTEE SHALL NOT EXCEED THE PAYMENTS ACTUALLY MADE BY CLIENT TO EITHER
SIEMENS AND/OR A THIRD-PARTY (IN THE EVENT THAT THE CLIENT HAS FINANCED THE TRANSACTION) FOR THE AGGREGATE OF: THE PRICE, AS DEFINED IN EXHIBIT B, ARTICLE 1.1; THE PASP PAYMENTS; THE MSP PAYMENTS, IF ANY; AND, IF APPLICABLE, THE CLIENT’S COST OF FINANCING THE WORK. The CLIENT’s cost of financing the Work is the cost of financing calculated either: (a) On the date that the escrow account is funded in accordance with Exhibit B, Article 1.2; or, (b) On the Effective Contract Date if the escrow requirement is expressly waived by SIEMENS.
4.9 The CLIENT represents that all existing equipment that is not installed by SIEMENS under this Agreement but is deemed necessary to achieve the Performance Guarantee, is in satisfactory working condition. Prior to the beginning of the Performance Guarantee Period, SIEMENS will have inspected all such existing equipment and reported any deficiencies to the CLIENT. To the extent that the deficiencies are not remedied by the CLIENT prior to the Guarantee Date, the adverse effect on the ability of the Project to attain the necessary Guaranteed Savings shall be factored into the Annual Performance Assurance Report and, if necessary, the Performance Guarantee shall be adjusted accordingly.
4.10 If the Equipment or the existing equipment is altered or moved by any person (including the CLIENT) other than SIEMENS or a person authorized by SIEMENS, the CLIENT shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or if necessary a re-commissioning of, the system at the CLIENT’s expense in order to determine if a Material Change has occurred.
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4.11 SIEMENS will have no liability or obligation to continue providing PASP Services or any Guaranteed Savings under the Performance Guarantee in the event that the CLIENT fails to:
(a) Authorize a re-acceptance test or re-commissioning that SIEMENS reasonably deems necessary in order to determine if a Material Change has occurred;
(b) Provide access to any Facility where Work is to be performed; (c) Service and maintain all Equipment in accordance with the manufacturers’ recommendations in order to prevent a Savings Shortfall; or,
(d) Provide SIEMENS with accurate Facility operating information as soon as such information becomes reasonably available to the CLIENT, including energy usage and cost, executed preventive maintenance and repair records, building or equipment additions, and occupancy levels during each Annual Period.
4.12 Unless expressly contrary to Applicable Law, should the CLIENT decide to discontinue the PASP before the end of the Performance Guarantee Period, the CLIENT will give SIEMENS thirty (30) days prior written notice and in such notice indicate that the CLIENT has selected one of the following:
(a) The CLIENT will re-invest the avoided cost of cancellation of the PASP into Facility improvements and services that improve the overall Facility’s performance and which improvements and services are implemented by SIEMENS; or,
(b) The CLIENT will pay to SIEMENS % of the remaining value left in the PASP Annual Period, as a liquidated damage and not as a penalty, to compensate SIEMENS for SIEMENS’ up-front costs and expenses in preparing to perform the PASP as contracted for the Annual Period.
4.13 Unless expressly contrary to Applicable Law, any disputes concerning the calculation of the Annual Realized Savings or changes to the Contracted Baseline that are not resolved by negotiation between the Parties within thirty (30) days of the notice of the dispute, will be resolved by a third-party professional engineering firm which is reasonably acceptable to both SIEMENS and the CLIENT. The determination of such firm will be final and binding upon CLIENT and SIEMENS.
SIEMENS and the CLIENT will each be responsible for half of the fees of such firm.
Article 5
Work by SIEMENS
5.1 SIEMENS will perform the Work expressly described in this Agreement and in any work release documents or change orders that are issued under this Agreement and signed by both Parties. The Work performed by SIEMENS shall be conducted in a workmanlike manner.
5.2 SIEMENS shall perform the Work during its normal hours, Monday through Friday inclusive, excluding holidays, unless otherwise agreed herein. The CLIENT shall make the Facility available so Work may proceed in an efficient manner.
5.3 SIEMENS is not required to conduct safety, reacceptance or other tests, install new devices or equipment or make modifications to any Equipment unless expressly made a part of the Work identified in the Scope of Work and Services, Exhibit A. Any CLIENT request to change the scope or the nature of the Work or Services must be in the form of a mutually agreed change order, effective only when executed by the Parties.
5.4 All Work Product Deliverables shall become the CLIENT’s property upon receipt by CLIENT. SIEMENS may retain file copies of such Work Product Deliverables. If any Instruments are provided to the CLIENT under this Agreement, any such Instruments shall remain SIEMENS’ property, including the Intellectual Property conceived or developed by SIEMENS in the Instruments. All SIEMENS’ Pre-existing Intellectual Property that may be included in the Deliverables provided to the CLIENT under this Agreement shall also remain SIEMENS property including the SIEMENS Pre-existing Intellectual Property included in the Work Product Deliverables. All Work Product Deliverables and any Instruments provided to the CLIENT are for Permitted Users’ use and only for the purposes disclosed to SIEMENS. SIEMENS hereby grants the CLIENT a royalty-free (once payments due under this Agreement are paid to SIEMENS), non-transferable, perpetual, nonexclusive license to use any SIEMENS Pre-existing Intellectual Property solely as incorporated into the Deliverables and SIEMENS’ Intellectual Property as incorporated into any Instruments provided to the CLIENT under this Agreement. Under such license, and following agreement to be bound to such separate confidentiality provisions that may exist between the Parties, Permitted Users shall have a non-exclusive, non-transferable, limited license right to:
(a) Use, in object code form only, the Software Products included in the Deliverables (“Software Deliverables”); (b) Make and retain archival and emergency copies of such Software Deliverables (subject to any confidentiality provisions) except if the Software Deliverable is embedded in the Equipment; and,
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(c) Use all such Deliverables and such Instruments, provided however, the Deliverables and Instruments shall not be used or relied upon by any parties other than Permitted Users, and such use shall be limited to the particular project and location for which the Deliverables are provided. All Deliverables provided to the CLIENT are for Permitted Users’ use only for the purposes disclosed to SIEMENS, and the CLIENT shall not transfer them to others or use them or permit them to be used for any extension of the Work or any other project or purpose, without SIEMENS’ express written consent.
5.4.1 Any reuse of such Deliverables or such Instruments for other projects or locations without the written consent of SIEMENS, or use by any party other than Permitted Users will be at Permitted Users’ risk and without liability to SIEMENS; and, the CLIENT shall indemnify, defend and hold SIEMENS harmless from any claims, losses or damages arising therefrom.
5.4.2 In consideration of such license, CLIENT agrees not to reverse engineer any Equipment or Software Product to reconstruct or discover any source code, object code, firmware, underlying ideas, or algorithms of such Equipment or Software Product even to the extent such restriction is allowable under Applicable Law.
5.4.3 Nothing contained in this Agreement shall be interpreted or construed to convey to the CLIENT the preexisting Intellectual Property rights of any third party incorporated into the Deliverables. CLIENT agrees to take delivery of any Software Deliverables subject to any applicable SIEMENS or third party end-user license agreement (EULA) accompanying such Software Deliverable, or if no EULA or third party license accompanies such SIEMENS software, the EULA posted at www.usa.siemens.com/btcpseula (SIEMENS’ EULA web site) for such SIEMENS software. Notwithstanding the foregoing, in the event of any inconsistency between the terms of the Agreement and the EULA for such SIEMENS software, the terms of the Agreement shall govern over the EULA except for the use and metric restrictions set forth in the EULA for such SIEMENS software shall take precedence and supersede the terms of the Agreement.
5.5 SIEMENS shall obtain and maintain the SIEMENS Permits. If any SIEMENS Permit (or application therefor) requires action by the CLIENT, the CLIENT shall, upon the request of SIEMENS, take such action as is reasonably appropriate.
5.6 SIEMENS shall be responsible for any portion of the Work performed by any subcontractor of SIEMENS. SIEMENS shall not have any responsibility, duty or authority to direct, supervise or oversee any contractor of the CLIENT or their work or to provide the means, methods or sequence of their work or to stop their work. SIEMENS’ work and/or presence at the Facility shall not relieve others of their responsibility to the CLIENT or to others.
5.7 SIEMENS warrants that:
(a) Unless otherwise agreed, all Equipment shall be new and of good quality. Until one year from the date the Equipment is installed, all Equipment manufactured by SIEMENS or bearing its nameplate will be free from defects in material and workmanship arising from normal use and service. (b) Labor for all Work, excluding PASP or MSP Services, is warranted to be free from defects in workmanship for one year after the Work is performed. PASP Services and MSP Services are warranted to be free from defects in workmanship for ninety (90) days after the Services are performed.
5.8 Warranty Limitation:
(a) The limited warranties set forth in Section 5.7 will be void as to, and shall not apply to, any Equipment (i) repaired, altered or improperly installed by any person other than SIEMENS or its authorized representative; (ii) which the CLIENT or a third party subjects to unreasonable or improper use or storage, uses beyond rated conditions, operates other than per SIEMENS or the manufacturer’s instructions, or otherwise subjects to improper maintenance, negligence or accident; (iii) damaged because of any use of the Equipment after the CLIENT has, or should have had, knowledge of any defect in the Equipment; or (iv) not manufactured, fabricated and assembled by SIEMENS or not bearing SIEMENS nameplate. However, SIEMENS assigns to the CLIENT, without recourse, any and all assignable warranties available from any manufacturer, supplier, or subcontractor of such Equipment. (b) Any claim under the limited warranty granted above must be made in writing to SIEMENS within thirty (30) days after discovery of the claimed defect unless discovered directly by SIEMENS. Such limited warranty only extends to the CLIENT and not to any subsequent owner of the Equipment. The CLIENT’s sole and exclusive remedy for any Equipment or Services not conforming with this limited warranty is limited to, at SIEMENS’ option: (i) repair or replacement of defective components of covered Equipment; (ii) re-performance of the defective portion of the Services; or (iii) to the extent previously paid and itemized, the issuance of a credit or refund for the original purchase price of such defective component or portion of the Equipment or Services.
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(c) SIEMENS shall not be required to repair or replace more than the component(s) of the Equipment or the portion of the Work and Services actually found to be defective. SIEMENS’ warranty liability shall not exceed the purchase price of such item. Repaired or replaced Equipment or Services will be warranted hereunder only for the remaining portion of the original warranty period.
5.9 THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER
WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED. THE LIMITED EXPRESS WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS
AGREEMENT MAY ONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY AUTHORIZED SIGNATORY OF EACH PARTY.
5.10 SIEMENS will not be responsible for the maintenance, repair or replacement of, or Services necessitated by reason of:
(a) Non-maintainable, non-replaceable or obsolete parts of the Equipment, including but not limited to: ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings, refractory material, electrical wiring, water and pneumatic piping, structural supports, cooling tower fill, slats and basins, etc., unless covered by the warranty provisions herein or otherwise specifically stated herein; or
(b) The CLIENT’s or a third-party’s negligence, abuse, misuse, improper or inadequate repairs or modifications, improper operation, lack of operator maintenance or skill, corrosion, erosion, improper or inadequate water treatment, electrolytic action, chemical action, failure to comply with manufacturer’s operating and environmental requirements, Acts of God, or other reasons beyond SIEMENS’ control. Unless expressly agreed in writing, SIEMENS is not responsible for the removal or reinstallation of replacement valves, dampers, or waterflow and tamper switches with respect to pipes and ductwork, including vent or drain system. SIEMENS ASSUMES NO
RESPONSIBILITY FOR ANY SERVICE PERFORMED ON ANY EQUIPMENT OTHER THAN THAT PERFORMED BY SIEMENS OR ITS AGENTS.
5.11 SIEMENS may suspend its performance of the Work at the Facility, if, in the reasonable opinion of SIEMENS, based upon industry standards and SIEMENS’ applicable safety programs, conditions at the Facility for which SIEMENS is not responsible become unsafe for the continued performance of the Work and such conditions are not rectified by CLIENT immediately. SIEMENS shall resume its performance of the Work promptly after the unsafe conditions are rectified by CLIENT.
Article 6
CLIENT Responsibilities
6.1 The CLIENT, without cost to SIEMENS, shall:
(a) Designate a contact person with authority to make decisions for the CLIENT regarding the Work and provide SIEMENS with information sufficient to contact such person in an emergency; (b) Coordinate the work of contractors under CLIENT’s sole control so as not to disrupt the Work and Services proceeding in an efficient manner;
(c) Provide or arrange for 24 hour, 7 day per week access and make all reasonable provisions for SIEMENS to enter any Facility where Work is to be performed so that Work may proceed in an efficient manner; (d) Permit SIEMENS to control and/or operate all building controls, systems, apparatus, equipment and machinery necessary to perform the Work;
(e) Furnish SIEMENS with blueprints, surveys, legal descriptions, waste management plans and all other available information pertinent to the Work and any Facility where the Work is to be performed as may be reasonably requested by SIEMENS. Such plans and blueprints, along with an executed copy of this Agreement, with its Exhibits, shall be kept and maintained in CLIENT’s files for a period of fifteen (15) years from the Effective Contract Date;
(f) Furnish SIEMENS with all approvals, permits and consents from Governmental Authorities and others as may be required for performance of the Work, except for SIEMENS Permits; (g) In accordance with Article 11 hereof, promptly notify SIEMENS of all known or suspected Hazardous Materials at the Facility, of any contamination of the Facility by Hazardous Material, and of any other conditions requiring special care or which may reasonably be expected to affect the Work, and provide SIEMENS with any available documents describing the quantity, nature, location and extent of such materials, contamination or conditions;
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(h) Comply with Applicable Law and provide any notices required to be given to any Governmental Authority in connection with the Work, except such notices SIEMENS has expressly agreed in writing to give; (i) Provide SIEMENS with legally required materials and information (including but not limited to Material Safety Data Sheets) related to all Hazardous Materials located at any Facility where the Work is to be performed; (j) Furnish SIEMENS with any contingency plans, safety programs and other policies, plans or programs related to any Facility where the Work is to be performed;
(k) Operate, service and maintain all Equipment according to the manufacturer’s recommendations including those set forth in the manufacturer’s operating manuals or instructions, as well as all requirements of Applicable Law or of authorities having jurisdiction. The CLIENT shall furnish all needed servicing and parts for said FIMs, which parts shall become part of the FIMs. Such Equipment shall be operated only in the specified operating environment, which shall be supplied by the CLIENT, including without limitation: (1) suitable electrical service, including clean, stable, properly conditioned power, to all Equipment; (2) telephone lines, capacity and connectivity as required by such Equipment; and (3) heat, light, air conditioning or other environmental controls, and other utilities in accordance with the specifications for the Equipment;
(l) Promptly notify SIEMENS of any unusual operating conditions, hours of usage, system malfunctions, installed equipment or building alterations that may affect the Equipment or energy usage or any Services; and, (m) If applicable, provide and pay for a dedicated voice grade dial-up phone line, or a mutually agreed communication method, and install a terminal block, or an equivalent communication mechanism, in a mutually agreed upon location. All on-line service Equipment (excluding the phone line) will remain the property of SIEMENS unless otherwise stated herein.
6.2 Unless contrary to Applicable Law, the CLIENT acknowledges that the technical and pricing information contained in this Agreement is confidential and proprietary to SIEMENS and agrees not to disclose it or otherwise make it available to others without SIEMENS’ express written consent.
6.3 The CLIENT acknowledges that it is now and shall at all times remain in control of the Facility. Except as expressly provided herein, SIEMENS shall not be responsible for the adequacy of the health or safety programs or precautions related to the CLIENT’s activities or operations, the CLIENT’s other contractor(s), the work of any other person or entity, or Facility conditions. SIEMENS shall not be responsible for inspecting, observing, reporting or correcting health or safety conditions or deficiencies of the CLIENT or others at the Facility. So as not to discourage SIEMENS from voluntarily addressing health or safety issues while at the Facility, in the event SIEMENS does address such issues by making observations, reports, suggestions or otherwise, the CLIENT shall not hold, or attempt to hold, SIEMENS liable or responsible on account thereof.
Article 7
Changes and Delays
7.1 As the Work is performed, Applicable Law or conditions (as they exist on the Effective Date) may change, or circumstances outside SIEMENS’ reasonable control may develop, which would require SIEMENS to expend additional costs, effort or time to complete the Work, in which case SIEMENS will notify the CLIENT and an equitable adjustment will be made to SIEMENS’ compensation and the time for performance. In the event such changes require the Work to be suspended or terminated, SIEMENS shall be compensated for Work previously performed and for costs reasonably incurred in connection with the suspension or termination.
7.2 Either party may request additions, deletions, modifications or changes to the Work. Any such requests shall only become effective upon execution of a written agreement by authorized representatives of both Parties.
7.3 SIEMENS may, in its sole discretion, substitute alternative parts, goods or equipment in the performance of the Work, provided that any such substitution shall be of an equal or better quality.
7.4 SIEMENS shall not be responsible for loss, delay, injury, damage or failure of performance that may be caused by circumstances beyond its control, including but not restricted to acts or omissions by the CLIENT or its employees, agents or contractors, Acts of God, war, civil commotion, acts or omissions of government authorities, fire, theft, corrosion, flood, water damage, lightning, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, or shortage of vehicles, fuel, labor or materials. In the event of such delay or failure, the time for performance shall be extended by a period equal to the time lost plus a reasonable recovery period and the compensation shall be equitably adjusted to compensate for additional costs SIEMENS incurs due to such delay. If any such delay exceeds sixty (60) days, SIEMENS may terminate this Agreement upon three (3) days’ notice to the CLIENT
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and the CLIENT shall promptly pay SIEMENS for the allocable portion of the Work completed, for any costs and expenses of termination, and for any loss or damage incurred with respect to materials, equipment, tools and machinery, including reasonable overhead and profit.
Article 8
Compensation
8.1 The aggregate amount paid by CLIENT provides for and is solely in consideration of the Scope of Work and Services described in Exhibit A, and is detailed in Exhibit B.
8.2 SIEMENS will invoice the CLIENT in accordance with the schedules set forth in Exhibit B. Unless otherwise agreed in writing, invoices are due and payable upon receipt by the CLIENT. If the CLIENT disagrees with any portion of an invoice, it shall notify SIEMENS in writing of the amount in dispute and the reason for its disagreement within 21 days of receipt of the invoice, and shall pay the portion not in dispute.
8.3 SIEMENS may suspend or terminate the Work or Services at any time if payment is not received when due. In such event, SIEMENS shall be entitled to compensation for the Work or Services previously performed and for costs reasonably incurred in connection with the suspension or termination.
8.4 On amounts not paid within thirty (30) days of invoice date, the CLIENT shall pay interest from invoice date until payment is received at the lesser of 12% per annum or the maximum rate allowed by law. The CLIENT shall reimburse SIEMENS for SIEMENS’ costs and expenses (including reasonable attorney and witness fees) incurred for collection under this Agreement.
8.5 Except to the extent expressly agreed herein, SIEMENS’ fees do not include any taxes, excises, fees, duties, tariffs charged on the importation of goods into the United States, or other government charges related to the Work or Services.
The CLIENT shall pay such amounts or reimburse SIEMENS for any such amounts SIEMENS pays to the extent such charges are lawfully due and payable by CLIENT and have been paid or incurred by SIEMENS in furtherance thereof. If the CLIENT claims that the Work or Services is subject to a tax exemption or direct payment permit, it shall provide SIEMENS with a valid exemption certificate or permit and, unless specifically prohibited by law, shall indemnify, defend and hold SIEMENS harmless from any taxes, costs and penalties arising out of the use or acceptance of same.
8.6 All other work or services requested by the CLIENT, including but not limited to the following, shall be separately billed or surcharged on a time and materials basis:
(a) Emergency services, if inspection does not reveal any deficiency covered by the Scope of Work and Services, Exhibit A;
(b) Work and/or services performed at times other than during SIEMENS’ normal working hours, unless otherwise agreed to in Exhibit A; or
(c) Work and/or services performed on equipment not covered by the Scope of Work and Services, Exhibit A.
Article 9
Acceptance
9.1 When SIEMENS believes that all or an independent definable phase or portion of the Work is Substantially Complete, SIEMENS will submit a Certificate of Substantial Completion to the CLIENT which shall be subject to the following:
(a) If the CLIENT concurs that the described portion of the Work as performed is Substantially Complete, the CLIENT will sign the Certificate of Substantial Completion and return it to SIEMENS; (b) A Certificate of Substantial Completion may include, as an attachment to it, an Outstanding Items List prepared by SIEMENS;
(c) If the CLIENT does not concur that the Work is Substantially Complete, then, within five (5) business days of receiving the Certificate of Substantial Completion, the CLIENT shall notify SIEMENS in writing of the reasons it believes the Work is not Substantially Complete;
(d) If SIEMENS disagrees with the CLIENT as to whether the Work is Substantially Complete, SIEMENS shall notify the CLIENT of a dispute and such dispute shall be resolved in accordance with Section 9.3 herein; (e) If, within five (5) business days of receiving the Certificate of Substantial Completion the CLIENT fails to sign the Certificate, and within the same period the CLIENT’s Representative does not deliver to SIEMENS a written notice of the reasons the CLIENT believes that the Work is not Substantially Complete, then in the mutual interests of the
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
Project proceeding in a timely manner, the CLIENT will be deemed to have agreed to, signed and returned the Certificate of Substantial Completion.
9.2 After the CLIENT signs and returns, or is deemed to have signed and returned to SIEMENS all of the Certificates of Substantial Completion relating to the Work, and after SIEMENS corrects and completes all of the items on all of the Outstanding Items Lists, if any, SIEMENS will submit to the CLIENT a Certificate of Final Completion which shall be subject to the following:
(a) If the CLIENT concurs that all of the items on all of the Outstanding Items Lists have been completed or corrected, the CLIENT will indicate its final acceptance of the Work by signing the Certificate of Final Completion and returning it to SIEMENS;
(b) If the CLIENT does not concur that all of the items on all of the Outstanding Items Lists have been completed or corrected, then the CLIENT shall, within five (5) business days of receiving the Certificate of Final Completion, identify the items that, it believes, were not completed or corrected; (c) If SIEMENS disagrees that the items identified by the CLIENT have not been completed or corrected, SIEMENS shall notify the CLIENT of a dispute and such dispute shall be resolved in accordance with section 9.3 herein; (d) If, within five (5) business days of receiving a Certificate of Final Completion, the CLIENT fails to sign that Certificate, and, within the same period the CLIENT’s Representative does not deliver to SIEMENS a written notice identifying the items on the Outstanding Items List(s) that, the CLIENT believes, were not completed or corrected, then the CLIENT will be deemed to have agreed to and signed and returned the Certificate of Final Completion.
9.3 Any disputes concerning the Substantial Completion or the Final Completion of the Work will be resolved by submitting the issue to a third party professional engineering firm and which is reasonably acceptable to both SIEMENS and the CLIENT. The determination of this firm with respect to Final Completion or Substantial Completion will be final and binding upon the Parties. SIEMENS and the CLIENT shall share equally the costs or fees for such firm in connection with such dispute resolution process.
Article 10
Insurance and Allocation of Risk
10.1 SIEMENS shall maintain in full force and effect the following insurance coverage and limits specified below commencing ten (10) days after the Effective Contract Date or, where applicable, the date that the CLIENT closes its financing, whichever is later, and continuing until the date of the Certificate of Final Completion. The required limits of insurance may be satisfied with any combination of primary and excess coverage. SIEMENS or SIEMENS’ insurance carrier shall endeavor to provide the CLIENT with thirty (30) days’ prior notice of cancellation, termination or material alteration of any insurance coverage set forth in this Article 10.1. In addition, SIEMENS’ insurance shall be maintained with insurance companies having an A.M. Best rating of “A-“ or better and a financial size category of “VII” or higher (or a comparable rating by any other rating entity reasonably acceptable to the CLIENT and evidenced by the CLIENT’s written confirmation, which acceptance shall not be unreasonably withheld). SIEMENS shall provide the CLIENT applicable insurance certificates of such coverage prior to SIEMENS’ commencement of any Work at the Facility.
10.1.1 SIEMENS has the responsibility and obligation to procure and maintain the following insurance policies:
(a) Workers’ Compensation Insurance in accordance with Applicable Law; (b) Employer’s Liability Insurance with a limit of One Million Dollars ($1,000,000) per accident, per employee for occupational disease, and in the aggregate for occupational disease; (c) Commercial General Liability Insurance with coverage written for bodily injury and broad form property damage on an “occurrence” basis with a limit of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. This policy shall include blanket contractual coverage, railroad protective liability coverage, and coverage for premises, operations, explosion, collapse and underground (XCU) hazards, and products/completed operations;
(d) Contractual Liability insuring the obligations assumed by SIEMENS in this Agreement; and, (e) Broad Form Property Damage (including Completed Operations).
10.1.2 SIEMENS shall name the CLIENT as an additional insured to the extent bodily injury (including death) or third party property damage results from the negligent acts or omissions of SIEMENS and require that this policy contain a “separation of insureds” clause.
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
10.1.3 SIEMENS shall require its subcontractors performing Work at the Facility to maintain the types, coverage and limits of insurance which are reasonable in accordance with prudent industry practice and commensurate with the Work to be performed by such subcontractor.
10.2 The CLIENT shall maintain in full force and effect the insurance coverage and limits specified below from the date of SIEMENS’ commencement of Work at the Facility and continuing until the end of the warranty period set forth in Section
5.7(a). The CLIENT or the CLIENT’s insurance carrier shall endeavor to provide SIEMENS with thirty (30) Days’ prior notice of cancellation, termination or material alteration of any insurance coverage set forth in this Section 10.2. In addition, the CLIENT’s insurance shall be maintained with insurance companies having an A.M. Best rating of “A- “ or better and a financial size category of “VII” or higher (or a comparable rating by any other rating entity reasonably acceptable to SIEMENS and evidenced by SIEMENS’ written confirmation, which acceptance shall not be unreasonably withheld). The CLIENT shall provide SIEMENS applicable insurance certificates of such coverage prior to SIEMENS’ commencement of any Work at the Facility. The required limits of insurance may be satisfied with any combination of primary and excess coverage.
(a) Workers’ Compensation Insurance in accordance with Applicable Law applicable to the jurisdiction in which the Work is performed.
(b) Employer’s Liability Insurance with a limit of One Million Dollars ($1,000,000) per accident, per employee for occupational disease, and in the aggregate for occupational disease; (c) Commercial General Liability Insurance with a limit of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) annual aggregate. This policy shall include blanket contractual coverage, railroad protective liability coverage, and coverage for premises, operations, explosion, collapse and underground (XCU) hazards, and products/completed operations. The CLIENT shall name SIEMENS and its subcontractors as additional insureds to the extent bodily injury (including death) or third party property damage results from the negligent acts or omissions of CLIENT or CLIENT’s other contractors, if any. This policy shall contain a “separation of insureds” clause.
10.3 In regard to insurance maintained by either Party, including any property insurance, each such Party hereby waives, for itself and its insurers, all rights of recovery and subrogation which may arise against the other Party and its Affiliates as a result of a payment made by an insurer.
10.4 Title to the Equipment shall pass to the CLIENT on delivery of the Equipment to the Facility. SIEMENS warrants that legal title to and ownership of the Equipment (excluding, however, the Intellectual Property Rights) shall upon such delivery be free and clear of any and all liens, claims, security interests or other encumbrances, subject to any lien of SIEMENS that may arise under Applicable Law that is not otherwise prohibited hereunder.
10.5 Irrespective of the passage of title as provided in Section 10.4, and except for loss or damage due to uninsurable events for which the CLIENT shall be responsible, SIEMENS shall bear the risk of loss and damage with respect to the Work to be supplied by SIEMENS, or Equipment that is within the care, custody and control of SIEMENS, wherever located, that have been or will be incorporated into the Work, until Substantial Completion of such Work. Upon Substantial Completion of such Work, risk of loss and damage shall transfer to the CLIENT and the CLIENT shall assume full and exclusive custody and control of such components of the Work other materials, Equipment and components supplied by SIEMENS, and of all such Work; provided that, CLIENT’s assumption of risk of loss and damage shall not obviate SIEMENS’ obligations to correct any warranty non-conformances in accordance with Article 5.
10.6 SIEMENS shall indemnify the CLIENT 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 SIEMENS’ 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 fault. No part of the Equipment(s) or the Facility is considered third party property. The CLIENT shall provide SIEMENS with prompt written notice of and shall not acknowledge any third party claims covered by this Section 10.6. SIEMENS 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 CLIENT’s behalf. The CLIENT shall not make any admission(s) which might be prejudicial to SIEMENS and shall not enter into a settlement without the express permission of SIEMENS.
10.7 UNLESS CONTRARY TO APPLICABLE LAW, IN NO EVENT SHALL THE CLIENT OR SIEMENS BE LIABLE UNDER
THIS INDEMNITY OR OTHERWISE UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE, OR LOST PROFITS, HOWEVER CAUSED.
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
10.8 IN ANY EVENT, UNLESS CONTRARY TO APPLICABLE LAW, SIEMENS’ MAXIMUM LIABILITY FOR ANY AND ALL
CLAIMS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, OR OUT OF ANY GOODS OR SERVICES
FURNISHED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY,
AGENCY, WARRANTY, TRESPASS, INDEMNITY OR ANY OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO THE TOTAL COMPENSATION RECEIVED BY SIEMENS FROM THE CLIENT UNDER THIS AGREEMENT. The preceding limit shall not apply to the CLIENT’s remedy under the Performance Guarantee as such is limited by Section
4.8. 10.9 THE CLIENT AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN SECTIONS 10.7 AND 10.8 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 THE CLIENT OF THE POSSIBILITY OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN SECTION 10.7 AND 10.8 EXTEND TO SIEMENS’ AFFILIATES (AND THEIR EMPLOYEES), PARTNERS, PRINCIPALS, SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OF ANY TIER (AND THEIR EMPLOYEES), AGENTS, AND SUCCESSORS AND ASSIGNS.
10.10 As to Patents and Copyrights:
(a) SIEMENS will, at its option and expense, defend or settle any suit or proceeding brought against the CLIENT based on an allegation that any Work or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member’s patent or misappropriation of a third party’s trade secret or copyright in the country where the Work is delivered by SIEMENS. The CLIENT will promptly give SIEMENS written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. The CLIENT shall not acknowledge any such third party proceedings defined under this Section 10.10. SIEMENS shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. The CLIENT shall not make any admission(s) which might be prejudicial to SIEMENS and shall not enter into a settlement without SIEMENS’ consent. SIEMENS is not responsible for any settlement made without its prior written consent. If the Work, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by the CLIENT is enjoined, SIEMENS will, at its option and expense, either: (i) procure for the CLIENT the right to continue using said Work; (ii) replace it with substantially equivalent non-infringing Work; or (iii) modify the Work so it is non-infringing. (b) SIEMENS will have no duty or obligation under 10.10(a) if the Work is: (i) supplied according to the CLIENT's design or instructions and compliance therewith has caused SIEMENS to deviate from its normal course of performance; (ii) modified by the CLIENT or its contractors after delivery; or (iii) combined by the CLIENT 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 the CLIENT. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against SIEMENS, the CLIENT must protect SIEMENS in the same manner and to the same extent that SIEMENS has agreed to protect the CLIENT under Section 10.10(a).
(c) THIS SECTION 10.10 IS AN EXCLUSIVE STATEMENT OF SIEMENS’ DUTIES AND THE CLIENT’S REMEDIES
RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.
10.11 The Parties acknowledge that the price for which SIEMENS has agreed to perform the Work and obligations under this Agreement was calculated based upon the foregoing allocations of risk, and that each Party has expressly relied on and would not have entered into this Agreement but for such allocations of risk.
Article 11
Hazardous Materials Provisions
11.1 The Work does not include directly or indirectly performing or arranging for the detection, testing, handling, storage, removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination of any Facility at which Work is performed and any soil or groundwater at the Facility by Hazardous Materials, including without limitation:
ionization smoke detectors, ballasts, mercury bulb thermostats, used oil, contaminated filters, contaminated absorbents, and refrigerant. Except as expressly disclosed pursuant to Section 11.2, the CLIENT represents and warrants that, to the best of its knowledge following due inquiry, there are no Hazardous Materials present where the Work is to be performed.
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
SIEMENS will notify the CLIENT immediately if it discovers or reasonably suspects the presence of any previously undisclosed Hazardous Material. All Work and Services have been priced and agreed to by SIEMENS in reliance on the CLIENT’s representations as set forth in this Article. The discovery or reasonable suspicion of Hazardous Materials or hazardous conditions at a Facility where SIEMENS is to perform Work, or of contamination of the Facility by Hazardous Materials not previously disclosed pursuant to Section 11.2, shall entitle SIEMENS to suspend the Work immediately, subject to mutual agreement of terms and conditions applicable to any further Work, or to terminate the Work and to be paid for Work previously performed.
11.2 The CLIENT warrants that, prior to the execution of the Agreement, it notified SIEMENS in writing of any and all Hazardous Materials, to the best of its knowledge following due inquiry, known to be present, potentially present or likely to become present at the Facility and provided a copy of any Facility safety policies and information, including but not limited to lock-out and tag procedures, chemical hygiene plan, material safety data sheets, and other items covered or required to be disclosed or maintained by Applicable Law.
11.3 Regardless of whether Hazardous Material was disclosed pursuant to Section 11.2, the CLIENT shall be solely responsible for properly testing, abating, encapsulating, removing, disposing, remedying or neutralizing such Hazardous Materials, and for the costs thereof. Even if an appropriate change order has been entered into pursuant to Section 11.1, SIEMENS shall have the right to stop the Work until the Facility is free from Hazardous Materials. In such event, SIEMENS will receive an equitable extension of time to complete the Work, and compensation for delays caused by Hazardous Materials remediation. In no event shall SIEMENS be required or construed to take title, ownership or responsibility for such Hazardous Materials. The CLIENT shall sign any required waste manifests in conformance with all government regulations, listing the CLIENT as the generator of the waste. If someone other than the CLIENT is the generator of the waste, the CLIENT shall arrange for such other person to sign such manifests.
11.4 Except where expressly prohibited by Applicable Law, for separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CLIENT shall indemnify, defend and hold SIEMENS harmless from and against any damages, losses, costs, liabilities or expenses (including attorneys’ fees) arising out of any Hazardous Materials or from the CLIENT’s breach of, or failure to perform its obligations under this Article.
11.5 For purposes of this Article 11, in the context of the phrase “to the best of its knowledge following due inquiry”; “knowledge” means actual awareness of the facts by the CLIENT’s directors, officers, employees or agents, or the presence of relevant information contained in the CLIENT’s books or records; and, “due inquiry” means inquiry of those Persons under the CLIENT’s control who should have knowledge of the subject matter of such inquiry.
Article 12
Miscellaneous Provisions
12.1 Notices between the Parties shall be in writing and shall be hand-delivered or sent by certified mail, express courier, or acknowledged telefax properly addressed to the appropriate party. Any such notice shall be deemed to have been received when delivered in-person or when sent by telefax, or five (5) business days subsequent to deposit in the U.S. mails, or one (1) day after deposit with express courier.
12.2 Neither the CLIENT nor SIEMENS shall assign or transfer any rights or obligations under this Agreement, except that either party may assign this Agreement to its affiliates and SIEMENS may use subcontractors in the performance of the Work or Services. Nothing contained in this Agreement shall be construed to give any rights or benefits to anyone other than the CLIENT and SIEMENS without the express written consent of both Parties.
12.3 This Agreement is governed by and construed in accordance with the laws of the State or Commonwealth in which the Facility is located, 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 THE CLIENT 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, with the exception of disputes arising under Article 4 or Article 9, must be decided exclusively in a federal or state court of competent jurisdiction located in the State or Commonwealth in which the Facility is located. Each Party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
12.4 The following Sections of this Agreement shall survive the termination, expiration or cancellation of this Agreement: 5.4,
5.7, 5.8, 5.9, 5.10, 8.1, 8.4, 10.3, 10.6, 10.7, 10.8, 10.9, 10.10, 11.4, 12.5, 12.7 and 12.8.
PERFORMANCE CONTRACTING AGREEMENT
Agreement
Smart Infrastructure PCA-100 PUBLIC version 2019v2
12.5 SIEMENS’ performance of the Work and Services is expressly conditioned on the Parties assenting to all of the terms of this Agreement, notwithstanding any different or additional terms contained in any writing at any time submitted or to be submitted by a Party to the other Party relating to the Work or Services, even if signed by the Parties, unless the written statement expressly indicates that such terms supersede the terms of this Agreement
12.6 Any provision of this Agreement found to be invalid, unlawful or unenforceable by a court of law shall be ineffective to the extent of such invalidity, and deemed severed herefrom, without invalidating the remainder of this Agreement. All other provisions hereof shall remain in full force and effect.
12.7 The waiver by a party of any breach by the other party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach hereof. No waiver shall operate or be effective unless made in writing and executed by the party to be bound thereby.
12.8 In the event that Applicable Law or the CLIENT requires that SIEMENS procure a performance bond and/or a payment bond, SIEMENS shall provide a performance and payment bond in the amount of $6,330,610. The performance and payment bond will solely apply to the Work performed during the Construction Period and to the required statutory lien filing period thereafter. The performance and payment bond will not apply to any of the obligations included in the Performance Assurance, Exhibit C. Furthermore, the CLIENT’s funding source may be named as “Co-Obligee” on the performance bond if so requested by the CLIENT.
Article 13
Maintenance Services Program
13.1 If applicable, the scope of Services provided by SIEMENS for the Maintenance Services Program is stated in Exhibit A.
13.2 The CLIENT represents that all equipment not installed by SIEMENS under this Agreement and subject to a MSP is in satisfactory working condition. SIEMENS will have inspected all such equipment within the first thirty (30) days of MSP commencement or no later than the first scheduled inspection. Testing and inspection will not be deemed to be complete until all such equipment has been so tested and inspected.
13.3 If the equipment is altered or moved by any person, including the CLIENT, other than SIEMENS or a person authorized by SIEMENS, the CLIENT shall immediately notify SIEMENS in writing, and SIEMENS reserves the right to perform a reacceptance test on, or if necessary, a re-commissioning of, the system at the CLIENT’s expense.
13.4 If SIEMENS reasonably determines as a result of such inspection and/or testing that any equipment requires repair or replacement, the CLIENT will be so notified and shall take corrective action within thirty (30) days, or such equipment shall be removed from coverage hereunder without further action by the Parties. SIEMENS is not liable or responsible for the continued testing, maintenance, repair, replacement or operating capabilities of any portion of the equipment until it has been inspected and/or tested and has been, if necessary, restored to an acceptable initial condition at the CLIENT’s sole expense. Any services provided by SIEMENS in the course of such restoration will be separately charged on a time and materials basis, and not included in fees paid hereunder. If individual items of equipment cannot, in SIEMENS’ sole determination, be properly repaired or replaced due to age, obsolescence, lack of availability of refrigerant gas, halon gas, necessary parts, materials, compatibility or otherwise, or as a result of excessive wear or deterioration, SIEMENS may, within ten (10) days of such inspection, give written notice that it is withdrawing such items from coverage under the MSP and adjust the MSP payments due hereunder accordingly.
13.5 If the removal of equipment from coverage would compromise or impair the integrity of the Work, Services or compliance with law of any system, then SIEMENS will provide a written statement thereof for execution by the CLIENT. The CLIENT’s failure to execute such statement within ten (10) days will void the MSP and release SIEMENS from any further obligations with respect to the MSP.
13.6 If the MSP scope of Services provides for equipment maintenance, repairs and/or replacements of equipment by SIEMENS, those Services are limited to restoring the proper working condition of such equipment. SIEMENS will not be obligated to provide replacement equipment that represents significant capital improvement compared to the original.
Exchanged components become the property of SIEMENS, except Hazardous Materials, which under all circumstances remain the property and responsibility of the CLIENT.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
Article 1: Scope of Work
1.1 Description: Except as otherwise expressly provided herein, SIEMENS shall provide each and every item of cost and expense necessary for:
Implementation of the Facility Improvement Measures (“FIMS”) described in Section
1.2, below (the “Work”). Work will be based on applicable California prevailing wage requirements as confirmed by the CLIENT. CLIENT to provide adequate site access and appropriate area on site for SIEMENS and its contractors’ staging and storage.
1.2 Specific Elements: The Work shall include the following:
1.2.1 Lighting Upgrade/Retrofit
Facilities included:
Building / Parks Address
City Hall / Library 5220 Santa Ana St.
Bedwell Hall 5218 Santa Ana St.
Cudahy Park 5220 Santa Ana St.
Clara Street Park / Community
Center, Sports complex
4835 Clara St.
Clara expansion park 4838 Clara St.
Public Works / Lugo Park 7810 Otis Ave.
1. c. Retrofit kits will be primarily door frame kits, with a small number of Type C kits required for unique fixture types and spaces where CLIENT has informed SIEMENS there is asbestos located above the ceiling.
This Scope of Work expressly excludes any asbestos work, remediation or abatement, so if, in SIEMENS’ or its contractor’s sole judgment, any of this Type C kit Work is unable to be performed without disturbing the above ceiling asbestos, that Type C kit Work shall not be performed and this Scope of Work (and related price and guarantee) shall be adjusted accordingly.
2. Areas with Low Light Levels
vii. except the Solar PV FIM noted in 1.2.4 (to the extent maintained by SIEMENS and covered by SIEMENS’ maintenance
obligations set forth elsewhere herein and in Article 13 of the Agreement)), so whether or not noted with respect to the particular FIM, as the CLIENT has chosen to self-maintain, after the end of the warranty period set forth in Section 5.7 of the Agreement, the CLIENT shall be responsible for any and all costs, including labor, required to maintain all FIMs (except for the Solar PV to the extent noted above)
3. a. Sports field lighting at Cudahy Park and Lugo Park. b. Existing LED fixtures
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
c. SIEMENS shall not be responsible for repairs to existing damaged ceiling tiles or walls. Repairs or upgrades to existing drop ceilings or fixture supports to bring them up to local building codes are not included.
d. SIEMENS’ scope is limited to replacing the fixtures identified in Appendix 1 or working inside the fixtures identified therein. Correction of any pre-existing defects or non-conformities with the applicable Codes in the electrical wiring to the fixture is not included. e. Entire scope was priced as universal voltage (120/277V), 480V fixtures/drivers are not included in the scope.
f. Emergency circuits/drivers are not included. If additional LED emergency drivers are needed, SIEMENS will submit a change order for additional work.
g. Scope assumes 1 for 1 retrofit and/or replacement only, any change in layout or not reasonably foreseeable electrical issues are not included in the scope.
h. Design services i.e. CAD drawings/reflective ceilings plans are not included in the Scope of Work.
i. Replacement of existing cracked or discolored fixture lenses is not included.
j. Lighting control acceptance testing is not included. k. Repair, replacement or re-commissioning of existing damaged, defective energy management systems are not included.
l. The repair or replacement of fixture locking devices (for example, tamperproof screws or locking fastener type lens or door frame) is not included.
m. For these FIMs and all other FIMs under this Scope of Work, whether or not specified in the list of exclusions for the particular FIM, the general exclusions below in section 1.2.7, apply to all Work, so are also excluded.
n. In the event of a product failure after the end of the warranty period set forth in Section 5.7 of the Agreement for all FIMs in this Scope of Work (except the Solar PV noted in 1.2.4 (to the extent maintained by SIEMENS and covered by SIEMENS’ maintenance obligations)), and whether or not specified in the list of exclusions for the particular FIM, as the CLIENT has chosen to self-maintain, the CLIENT shall be responsible for any and all costs, including labor, required to replace the failed component(s) and process the replacement of the product(s) in full accordance with the Manufacturer’s Warranty Statement(s). o. In the event there is a discrepancy between Exhibit A and Appendix 1, Appendix 1 will take precedence.
1.2.2 Street Lighting Upgrades
a. SIEMENS shall furnish all materials, equipment and labor to provide a LED street light replacement project. This Scope of Work includes the replacement of two hundred and one (201) CLIENT owned non LED cobra head street lights.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
b. Provide (4) mockup fixtures, one of each lumen package, including at least one location of adjacent fixtures to measure light levels. No mockup fixtures will be installed in intersections.
c. SIEMENS has included cost to replace up to (4) fuse holders and degraded wire from the base of the pole to the fixture. This does not include underground wiring.
d. SIEMENS has included encroachment permit for 2 weeks. e. Photometric plans will be provided for typical street fixture layout, i.e. different fixture lumen package(s) based on spacing, mounting height(s), layout intersections, etc.
f. The following table provides a summary of existing and proposed fixtures:
Streetlighting inventory with proposed fixtures
Existing
Fixture
Existing
Lamp
Wattage
Qty Proposed Fixture Proposed
Lamp
Wattage
HPS/70 70 1 LEOTEK : GCM1-60J-MV40K-2R-GY-095 + LLPC59 HPS/100 100 124 LEOTEK : GCM1-60J-MV40K-2R-GY-095 + LLPC59 HPS/150 150 32 LEOTEK : GCM1-60J-MV40K-2R-GY-095 + LLPC59 HPS/200 200 6 LEOTEK : GCM1-60J-MV40K-2R-GY-095 + LLPC59 HPS/250 250 38 LEOTEK : GCM1-60J-MV40K-2R-GY-095 + LLPC59 a. The intent is to replace all City street lighting, but SIEMENS has priced only two hundred and one (201) replacements as noted above.
To determine whether that count is accurate, SIEMENS will perform a field audit of all City and SCE owned streetlights located within the City limits and document the current installed inventory, including GPS coordinates, lamp type, wattage, pole number/tag, quantity of fixtures, fixture type, pole type, use type, and color. b. SIEMENS will use the GIS database information for progress reporting as well as the final or “as-built” installed inventory document.
Upon completion of the project SIEMENS shall provide the CLIENT with electronic copy of all final database documents. Should discrepancies be found between the actual count of light fixtures (and pole labeling, noted below) as determined by the audit and the number priced above, SIEMENS will provide location and pole information for discrepancy resolution by the CLIENT and be entitled to a change order for the additional cost.
c. Based on the audit findings, the CLIENT will be responsible for additional scope cost, Siemens will adjust the energy savings guaranteed.
a. CLIENT to provide a secure location for storage and staging for all equipment until permanently installed.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
a. SIEMENS will provide pole labels for 201 poles (which number shall be subject to adjustment based on the findings of the audit) with the following format:
a. “C” for Cudahy (this will distinguish between SCE poles and Cudahy poles)
b. Followed with 3 digits for the pole numbers: 000, 001, 002, etc. c. Background of label with be blue. The letters and numbers will be reflective gray.
a. Prior to commencing implementation, SIEMENS shall meet with project staff, Public Works, Police and other City departments having responsibility for traffic control. A Maintenance of Traffic (MOT) Plan will be developed by SIEMENS and submitted to the CLIENT for its prompt review and approval, for streets and/or areas identified as requiring traffic control.
a. SIEMENS shall be responsible for the collection, storage, disposal and/or recycling of universal waste generated by this project in full accordance with California Code of Regulations, Title 22, division 4.5, chapter 23. Examples of universal waste generated by this project include fixtures, lamps, ballasts and other electronic components. a. SIEMENS shall provide to the CLIENT an inventory stock of fixtures as detailed below:
Replacement Inventory
Fixture Code Wattage Quantity
LEOTEK - GCM1 60J MV 40K 3R GY 095 PCR7 + LLPC 59 4
a. In the event of a product failure after the end of the warranty period set forth in Section 5.7 of the Agreement for all FIMs in this Scope of Work (except the Solar PV noted in 1.2.4 (to the extent maintained by SIEMENS and covered by SIEMENS’ maintenance obligations)), and whether or not specified in the list of exclusions for the particular FIM, as the CLIENT has chosen to self-maintain, the CLIENT shall be responsible for any and all costs, including labor, required to replace the failed component(s) and process the replacement of the product(s) in full accordance with the Manufacturer’s Warranty Statement(s)SIEMENS shall not be responsible for “knock-downs” or other damage incurred to the products installed. All required maintenance shall be the responsibility of the CLIENT.
b. Work will be completed during normal business hours.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
a. Permitting associated with Street Lighting is excluded. b. Exclude replacement of fuse holders (except for up to four (4) replacements which Siemens has included).
c. SIEMENS shall not be responsible for repairs to existing wiring and grounding.
d. Repair or replacement of poles is excluded
e. Replacement of missing covers is excluded
f. Coordination and notification to City residents is excluded. g. See general exclusions section 1.2.7 which are also excluded.
1.2.3 Mechanical Equipment Upgrades
1. Facilities included:
Building / Parks Address
City Hall / Library 5220 Santa Ana St.
Bedwell Hall 5218 Santa Ana St.
Community Center / Clara Street Park 4835 Clara St.
Public Works / Lugo Park 7810 Otis Ave.
2. n.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
Existing Split Systems
*name plate data missing on the unit, estimated nominal tonnage based on available mechanical plans Existing Rooftop Packaged Units
*name plate data missing on the unit, estimated nominal tonnage based on available mechanical plans Proposed New HVAC Units
Location Equipment
type
Proposed
Manufacturer
Proposed Outdoor
Unit Model #
Proposed Indoor
Unit Model #
Proposed
Capacity
City Hall Split System Trane 4TWR5024H1 GAM5B0A24M21E 2 Ton City Hall Split System Trane 4TWR5036H1 GAM5B0B36M21E 3 Ton City Hall Split System Daikin RXYQ120XAYDA BCVD0401 10 Ton City Hall Split System Daikin RXYQ120XAYDA BCVD0401 10 Ton Bedwell Hall Split System Trane 4TWR5024H1 GAM5B0A24M21E 2 Ton Bedwell Hall Split System Trane 4TWR5048H1 GAM5B0C48M41E 4 Ton Bedwell Hall Split System Trane 4TWR5060H1 TAM9A0C60V51D 5 Ton Bedwell Hall Split System Trane 4TWR5060H1 TAM9A0C60V51D 5 Ton Bedwell Hall Split System Daikin RXYQ96XAYDA BCVD0301 7.5 Ton City Hall Package Unit Carrier 48VGUE240403-TP N/A 2 Ton Location Site Location Equip. Type Manufacturer Model # Nom Tons City Hall Roof RTU Concord 2SH13B36P-1A 3
City Hall Roof RTU Concord RHP13A24P-2A 2
City Hall Roof RTU Rheem Unknown 2*
Communicty Center Roof RTU Allied 2SG13B36090T-1A 3*
Communicty Center Roof RTU Unknown PGB090210-3 7.5*
Communicty Center Roof RTU Lennox TGA090S2BM1Y 7.5
Communicty Center Roof RTU Allied PGD460090H001E1 7.5*
Communicty Center Roof RTU Trane Unknown Unknown
Communicty Center Roof RTU Reznor Unknown Unknown
Public Works Roof RTU Carrier 48HJD009-531 8.5
Public Works Roof RTU Lennox TGA120S2BH1Y 10
Public Works Roof RTU Carrier 48HJD006-531 5
Public Works Roof RTU Lennox TGA120S2BH1Y 10
Public Works Roof RTU Carrier 48HJD009-531 8.5
Public Works Roof RTU Lennox TGA120S2BH 10
Public Works Roof RTU Unknown Unknown 7.5*
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
City Hall Package Unit Carrier 48VGUE240403-TP N/A 2 Ton City Hall Package Unit Carrier 48VGUE360603-TP N/A 3 Ton Community
Center
Package Unit Carrier 48VGUE360605 N/A
3 Ton
Community
Center
Package Unit Carrier 48GCGM04A2M5 N/A
3 Ton
Community
Center
Package Unit Carrier 48VGUE600905 N/A
5 Ton
Community
Center
Package Unit Carrier 48HCDD08A2M5 N/A
7.5 Ton
Community
Center
Package Unit Carrier 48HCDD08A2M5 N/A
7.5 Ton
Community
Center
Package Unit Carrier 48HCDD08A2M5 N/A
7.5 Ton
Public Works Package Unit Carrier 48GCGM06A2M5 N/A 5 Ton Public Works Package Unit Carrier 48GCGM06A2M5 N/A 5 Ton Public Works Package Unit Carrier 48HCDD09A2M5 N/A 8.5 Ton Public Works Package Unit Carrier 48HCDD09A2M5 N/A 8.5 Ton Public Works Package Unit Carrier 48HCDD09A2M5 N/A 8.5 Ton Public Works Package Unit Carrier 48HCDD12A2M5 N/A 10 Ton Public Works Package Unit Carrier 48HCDD12A2M5 N/A 10 Ton
3. Assumptions for Mechanical Equipment Upgrade
a. All electrical feeds are sized correctly, therefore pulling new electrical wire from the panel to each disconnect is excluded.
4. e. Exclude all exhaust fans.
q. See general exclusions section 1.2.7 which are also excluded.
1.2.4 Solar Photovoltaic (PV)
1. Facilities included:
Building / Parks Type Approximate
Size
City Hall Carport 57.5 kW
Community Center /
Clara Street Park
Roof mount 42 kW
Public Works /
Lugo Park
Roof mount 26.7 kW
a. SIEMENS will install a grid connection behind the meter, solar photovoltaic array at the facilities listed above. The energy generated by the photovoltaic modules will be tied directly into the existing building electrical distribution systems. System layouts and equipment selected are provided in Appendix 2.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
b. Design photovoltaic system in accordance with manufacturer’s specifications, federal, state and local building code. c. Provide electrical engineering, structural engineering, civil engineering, and layouts as required for permitting.
d. Siemens will complete the electrical design and provide electrical drawings. The PV system & installation will meet the requirements for interconnection with appropriate documentation; provided that no modifications, upgrades, or additions to
e. Siemens will submit the interconnection application to SCE following the system design. Interconnection and related approvals with SCE shall be completed by SIEMENS.
f. For the Public Works main meter, Siemens will asset the City with switching the existing rate to TOU-GS-2E. 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 Exhibit C, Article 6, Table 6.1.1B.
g. Provide (5) spare panels as overstock.
h. A Revenue Grade Data Acquisition System (DAS) to monitor the system performance is included.
i. Provide Testing and Commissioning upon completion.
j. Work to be done during normal work hours.
3. Roof mount system:
a. Provide preliminary site surveying to layout locations of racking rows supporting PV modules for approval.
b. Furnish and install racking system per approved layouts and design documents.
c. Racking to be installed at tilt angle and orientation per final design drawings.
d. Furnish and install rack mounted brackets for inverters as required. e. It is assumed that the subsurface conditions are acceptable for installation of the system.
4. Carport system:
a. Siemens will design the carport structure of suitable strength to meet applicable structural and building codes and generate preliminary layout drawings for approval.
b. Upon approval, Siemens will design and install carport. c. Remove (2) existing light poles, cap at grade. Poles are currently located in the parking space. SIEMENS to add lighting under the carport system per code.
d. Underground utilities will be identified prior to construction. e. It is assumed that the subsurface conditions are acceptable for installation of the system.
f. Remove (8) small trees under carport canopy, stump grinding to grade level.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
a. It is assumed that the CLIENT’s existing wiring and electrical distribution systems currently meet code. Any repairs to the existing wiring and distribution system will be the responsibility of the CLIENT. b. It is assumed that CLIENT’s rooftop structures are able to support the weight and installation of the Solar PV system. While SIEMENS will verify this before construction, no structural upgrades are included. c. The parking space where the carport will be located is not a fire lane parking.
d. The height of the carport will be 8.5 feet on the low end. e. CLIENT will be required to trim the existing trees circled below for the term of the guarantee. Tree cannot exceed the height of the carport.
Tree trimming
a. Design or construction work and/or services related to correction and/or mitigation of any pre-existing structures’ stability or integrity, or any federal or state statutory violations at the CLIENT’s existing facilities is excluded.
b. Mitigating unforeseen conditions uncovered during soils testing such as ground contamination or hazardous material abatement is excluded.
Changes to Work due to subsurface conditions are excluded. c. Additional field changes or upgrades to the structure in order to support the PV modules based on unforeseen conditions, including unforeseen soil conditions is also excluded (e.g., unstable soil conditions, land fill, sinkholes, underground water, or rocks).
d. Fire sprinklers and other forms of fire protection, security cameras, other security devices inside the carport structure are excluded. e. See general exclusions section 1.2.7 which are also excluded.
1.2.5 Roof Upgrades
1. Facilities included:
Building / Parks Address
City Hall / Library 5220 Santa Ana St.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
Community Center /
Clara Street Park
4835 Clara St.
Public Works / Lugo
Park
7810 Otis Ave.
a. Skylights for City Hall and Bedwell Hall are excluded. b. Exclude vapor barrier as SIEMENS will not be installing rigid insulation under the fire rated board.
c. Exclude expansion joints, fire barriers, fire caulking or insulation. d. Installation and/or repair to damaged fireproofing.
e. Exclude removal of conduit and wiring on roof, for non HVAC conduit.
Should SIEMENS not be able to perform this work, City will be responsible for removal and replacement.
f. Re-setting and/or re-calibration of Satellite dishes and Wi-Fi systems. g. Exclude work and repair of Trellis roofing at the Public Works.
Structural engineering will be required.
h. See general exclusions section 1.2.7 which are also
excluded.Transformer replacement
1. Facilities included:
Building / Parks Address
City Hall / Library 5220 Santa Ana St.
Bedwell Hall 5218 Santa Ana St.
a. SIEMENS shall furnish materials, equipment and labor to provide transformer replacement. This Scope of Work includes the replacement of 4 low voltage transformers listed below with higher efficiency Powersmiths transformers.
Building Address KVA Location
City Hall 5220 Santa Ana St,
Cudahy, CA 90201
75 City Hall main electric room
Tag # 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 room
Tag # 0060486
Bedwell Hall 5218 Santa Ana St,
Cudahy, CA 90201
75 Bedwell Hall electric room
Tag # 0060483
b. Provide engineering and permits required to be held in contractor’s name.
c. Remove and dispose of existing transformers offsite (non-hazardous). d. Install, anchor, and terminate existing conduit, conductors and grounds in new transformers per approved drawings.
e. Perform phase rotation test before and after new transformer is installed.
f. Perform lockout / tagout and switching of line and load breakers only g. Perform voltage tests after installation
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
h. Perform torque tests
i. Verify all downstream loads are re-energized after installation. j. Perform ground test by way of clamp on meter.
k. All work to be performed on 3rd shift or Saturdays.
a. Painting of conduits.
b. Emergency or temporary power or generators for any buildings or equipment during power outages or cut overs.
c. Removal or cleaning of CLIENT storage equipment, such as tables, chairs, computers.
d. Any sound or vibration tests
e. Any pre and post transformer tests besides voltage, rotation and clamp on ground tests
f. CLIENT to review and confirm sound levels of new transformers is acceptable. Siemens will not be responsible for sound levels of new transformers.
g. See general exclusions section 1.2.7 which are also excluded. a. Assume all transformers have sufficient existing grounds installed. b. CLIENT will provide support for all lock out - tag out, re-energization and rotation test confirmation post installation.
1.2.7 General Exclusions
1.3 Technical Specifications, Drawings, and Exhibits: The Work shall be performed in accordance with the following specifications, drawings and other attachments hereto, which are specifically incorporated herein and made part hereof:
1.4 CLIENT’S Responsibilities include:
2. a. Client shall use best efforts to assist Siemens and its contractors and subcontractors in locating underground gas, water, fiber optic, sewer or other underground service/utilityClient represents and warrants that: (i) it has reviewed the FIMs; (ii) it has the right to authorize Siemens to construct the FIMs as and where located; and (iii) all locations on which FIMs are located (including the connections between the FIM and the buildings they connect to) are free and clear of set backs, easements, rights of way or similar restrictions that could impact the Work
Other than the underground subsurface items set forth in 1.4.2 (a) above, all other subsurface risks are excluded from the scope of Work Utility records for savings calculations Permits not required to be held in contractor's name, if any
Article 2: Work Implementation Period
2.1 Commencement of Work:
SIEMENS shall provide a list of materials for each portion of the work (submittals) and upon approval of such submittals by the CLIENT (and the receipt by SIEMENS of a notice to proceed from the CLIENT therefor), shall order and provide approximate lead times for each. The project schedule will be updated based on these estimates. The project schedule shall reflect that Siemens shall commence
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
the installation only after the materials required for each part of Work have been received (or after materials required for mutually agreed portions of the Work have been received, if applicable). Once the materials required for all Work have been received, SIEMENS shall begin to perform the installation Work diligently and shall complete the installation Work no later than twelve (12) months thereafter.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
Article 3: Scope of Services-Performance Assurance Services Program
3.1 Annual Measurement & Verification reporting will be performed and report will be delivered no later than 90 days after the end of the annual guarantee period. For specific information on the M&V plan see Exhibit C – Article 4.
3.2 SIEMENS will meet with representatives of CLIENT on an annual basis for the duration of the measurement and verification period to review energy savings and ensure commitments are being met.
Article 4: Scope of Services-Maintenance Services Program (Please check one box only)
CLIENT has elected to self-implement maintenance for all measures except for the Solar PV measure to the extent provided herein and in Article 13 of the Agreement and Siemens Asset Maintenance Services Program contract. Therefore, SIEMENS shall not perform any on-going maintenance services for those CLIENT maintained measures, although the Parties may negotiate a separate agreement for such services at a later date. CLIENT agrees that, after the end of the warranty period set forth in Section 5.7 of the Agreement, it will maintain the equipment per manufacturer specifications and that it will operate the Equipment in accordance with the Contracted Baseline described in Article 7 of Exhibit C. If CLIENT fails to properly maintain or operate the Equipment, SIEMENS shall have the right to modify the Performance Guarantee pursuant to Article 4 of the Agreement.
CLIENT is required to contract separately (this is not included in this Scope of Work) with Climatix for cloud services in order to retrieve trend data from the HVAC equipment. The following trends need to be maintained in order to measure and verify the energy savings:
• Supply and return temperature set point and room temperature • Outside air damper position
• Supply fan speed
• Equipment run time
The follow consists of the Services to be performed by SIEMENS for the Solar PV FIM:
4.1 Solar PV maintenance plan
Provided SIEMENS has received payment therefore, SIEMENS will perform ongoing preventative maintenance once per year for up to 15 years per the manufacturer’s recommendations to maintain the solar photovoltaic system’s performance. Maintenance of the roof to clear flora and debris affecting access to or operation of the system is the responsibility of CLIENT. See Article 13 of the Agreement and Siemens Asset Maintenance Services Program contract for more details.
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
Exhibit A - Scope of Work and Services
Siemens Industry, Inc., Smart Infrastructure
Exhibit A - Scope of Work and Services v. 2019
By signing below, this Exhibit is attached to and made a part of the Agreement between SIEMENS and the CLIENT.
CLIENT: City of Cudahy SIEMENS: Siemens Industry, Inc.
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Signature:
Printed Name:
Title:
Date:
Exhibit B – Payment Schedules
Siemens Industry, Inc., Smart Infrastructure
Exhibit B - Payment Schedules v. 2019
Article 1: Payment for Scope of Work
1.1 Price: As full consideration of the Work as described in Exhibit A, Article 1: Scope of Work, the CLIENT shall pay to SIEMENS $6,330,610.
1.2 Escrow: The CLIENT has agreed to deposit the Price into an Escrow Account at a financial institution satisfactory to both the CLIENT and SIEMENS. All expenses to establish the Escrow Account shall be the complete responsibility of the CLIENT and the CLIENT will receive all interest earnings from the Escrow Account. SIEMENS will submit periodic invoices to the CLIENT based on the Payment Schedule in Table B.1 below.
The CLIENT shall be responsible for submitting the necessary documents to the Escrow Agent to allow for timely disbursements from the Escrow Account. The funding of the Escrow Account in an amount equal to or greater than the Price stated in Article 1.1 above shall be a condition precedent to SIEMENS obligation to perform or to continue the performance of the Work. If the Escrow Account is not funded within thirty (30) days of the execution of this Agreement, this Agreement shall be null and void. This thirty (30) day funding period may be extended as mutually agreed in writing by the Parties. In the event that the Agreement becomes null and void as described in this paragraph and CLIENT has previously authorized SIEMENS to proceed with the Work, the CLIENT shall be obligated to reimburse SIEMENS either: (i) for the Work performed to date; or (ii) for the Work specifically authorized by the CLIENT.
1.3 Timely Payments: The CLIENT agrees to pay SIEMENS per Table B.1 below. CLIENT agrees to pay all invoices submitted by SIEMENS per Article 8 of the Agreement.
Table B.1 – FIM Work Payment Schedule
Project Phase Payments ($) Payments (%) Schedule
Development and Mobilization $ 949,591.50 15% At Contract Signature Progress Payment by FIM
percent complete
$ 5,064,488 80% Monthly
Project Closeout $ 316,530.50 5%
PROJECT TOTAL: $ 6,330,610 100%
Article 1 of Exhibit B is attached to and made a part of the Agreement between SIEMENS and the CLIENT.
CLIENT: City of Cudahy SIEMENS: Siemens Industry, Inc.
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Signature:
Printed Name:
Title:
Date:
Exhibit B – Payment Schedules
Siemens Industry, Inc., Smart Infrastructure
Exhibit B - Payment Schedules v. 2019
Article 2: Payment for Performance Assurance Services Program (PASP)
2.1 Price: As full consideration of the Services as described in Exhibit A, Article 3, the CLIENT shall pay to SIEMENS the amounts identified in Table B.2 plus taxes, if applicable, on the dates identified therein.
2.2 Performance Assurance Services Program Term: The term of the PASP shall commence on the Guarantee Date and shall extend for either: (a) the term of the Performance Guarantee Period where multi-year obligations are allowed; or (b) for twelve (12) month periods corresponding to the term of each Annual Period.
2.3 Automatic Renewal: Where the PASP term is limited to an Annual Period, the PASP shall automatically renew for successive Annual Periods beginning on the anniversary date of Guarantee Date. Either party may request to amend the PASP at the end of an Annual Period by giving the other party at least sixty (60) days prior written notice of such amendments and such amendment shall be mutually negotiated by the Parties and effective upon a written amendment signed by both Parties prior to commencement of the next Annual Period. Each automatic renewal shall be and remain subject to the terms and conditions of this Agreement. SIEMENS obligations under the Performance Guarantee are dependent upon and subject to the express condition that the CLIENT maintains the PASP during the entire Performance Guarantee Period.
2.4 Termination: See Section 4.7 of the Agreement.
Table B.2 – Performance Assurance Program Payment Schedule Date Annual Payments ($) Notes
End of Construction $ 13,201 Billed at project acceptance Year 1 $ 13,597 Billed at 1st anniversary of project acceptance Year 2 $ 14,005 Billed at 2nd anniversary of project acceptance Year 3 $ 14,425 Billed at 3rd anniversary of project acceptance Year 4 $ 14,858 Billed at 4th anniversary of project acceptance Year 5 $ 15,304 Billed at 5th anniversary of project acceptance Year 6 $ 15,763 Billed at 6th anniversary of project acceptance Year 7 $ 16,236 Billed at 7th anniversary of project acceptance Year 8 $ 16,723 Billed at 8th anniversary of project acceptance Year 9 $ 17,224 Billed at 9th anniversary of project acceptance Year 10 $ 17,741 Billed at 10th anniversary of project acceptance Year 11 $ 18,273 Billed at 11th anniversary of project acceptance Year 12 $ 18,821 Billed at 12th anniversary of project acceptance Year 13 $ 19,386 Billed at 13th anniversary of project acceptance Year 14 $ 19,968 Billed at 14th anniversary of project acceptance
Exhibit B – Payment Schedules
Siemens Industry, Inc., Smart Infrastructure
Exhibit B - Payment Schedules v. 2019
Article 2 of Exhibit B is attached to and made a part of the Agreement between SIEMENS and the CLIENT.
CLIENT: City of Cudahy SIEMENS: Siemens Industry, Inc.
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Signature:
Printed Name:
Title:
Date:
Exhibit B – Payment Schedules
Siemens Industry, Inc., Smart Infrastructure
Exhibit B - Payment Schedules v. 2019
Article 3: Payment for Maintenance Services Program (MSP)
3.1 Price: As full consideration of the Services as described in Exhibit A, Article 4, the CLIENT shall pay to SIEMENS the amounts identified in Table B.3 plus taxes, if applicable, on the dates identified therein.
3.2 Maintenance Services Program Term: The initial or first term of the MSP shall commence on the Guarantee Date and shall have duration of 12 months and shall extend thereafter for the term as identified in Table B.3 and in accordance with Section 3.3 below.
3.3 Automatic Renewal: Where multi-year obligations are disallowed, the Maintenance Services Program shall automatically renew for successive twelve (12) month periods beginning on the ending anniversary date of the initial or first term as set forth in Article 3.2 above, and each twelve (12) month period thereafter as identified in Table B.3. Either party may request not to renew or to amend the Maintenance Services Program at the end of the initial term or at the end of a renewal term by giving the other party at least sixty (60) days prior written notice of such amendments or intent not to renew. Each renewal shall be and remain subject to the terms and conditions of this Agreement.
Table B.3 – Maintenance Services Program Payment Schedule Date Annual
Payments ($)
Notes
End of Construction $ 17,906 Billed at project acceptance Year 1 $ 18,501 Billed at 1st anniversary of project acceptance Year 2 $ 26,094 Billed at 2nd anniversary of project acceptance Year 3 $ 20,592 Billed at 3rd anniversary of project acceptance Year 4 $ 21,725 Billed at 4th anniversary of project acceptance Year 5 $ 30,641 Billed at 5th anniversary of project acceptance Year 6 $ 26,252 Billed at 6th anniversary of project acceptance Year 7 $ 25,510 Billed at 7th anniversary of project acceptance Year 8 $ 35,980 Billed at 8th anniversary of project acceptance Year 9 $ 28,992 Billed at 9th anniversary of project acceptance Year 10 $ 32,824 Billed at 10th anniversary of project acceptance Year 11 $ 42,249 Billed at 11th anniversary of project acceptance Year 12 $ 33,341 Billed at 12th anniversary of project acceptance Year 13 $ 38,188 Billed at 13th anniversary of project acceptance Year 14 $ 49,611 Billed at 14th anniversary of project acceptance Article 3 of Exhibit B is attached to and made a part of the Agreement between SIEMENS and the CLIENT.
CLIENT: City of Cudahy SIEMENS: Siemens Industry, Inc.
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Signature:
Printed Name:
Title:
Date:
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Articles and Tables
The following Articles and Tables are hereby included and made part of this Exhibit C:
Article 1 Total Guaranteed Savings
Article 2 Measurement and Verification Options
Article 3 Performance Guarantee Period Responsibilities of CLIENT Article 4 Measurement and Verification Plan
Article 5 Baseline Data
Article 6 Utility Rate Structures and Escalation Rates
Article 7 Contracted Baseline Data
Appendix 1- Lighting Room by Room
Appendix 2- Solar Helioscope
This Exhibit C provides the methodology to be used to determine the Annual Realized Savings and the reconciliation of these calculated Savings with the Guaranteed Annual Savings for each Annual Period of the Performance Guarantee Period. The Scope of Services for the Performance Assurance Service Program is provided in Article 3 of Exhibit A.
Article 1: Total Guaranteed Savings
Table 1.1 – Total Guaranteed Savings (Units)
Performance
Period
Electric
Energy
Saved (kWh)
Electric
Power
Saved (kW)
Electric Energy
Production
from Solar
(kWh)
Natural Gas
Saved
(Therms)
Annual Period 1 269,998 179 183,937 477
1.1 Only Annual Period 1 is shown as the energy/utility unit Savings will remain constant for each Annual Period of the Performance Guarantee Period as the CLIENT will operate the Facility in accordance with the Contracted Baseline identified in Article 7.
Table 1.2 – Total Guaranteed Savings (Cost)
Performance
Period
Energy
Savings
Solar
Savings
Operational
Savings
Total
Savings
Annual Period 1 $ 59,752 $ 31,311 $ 391,757 $ 482,820
Annual Period 2 $ 62,142 $ 32,564 $ 403,510 $ 498,216
Annual Period 3 $ 64,628 $ 33,866 $ 415,615 $ 514,109
Annual Period 4 $ 67,213 $ 35,221 $ 428,084 $ 530,517
Annual Period 5 $ 69,902 $ 36,630 $ 440,926 $ 547,457
Annual Period 6 $ 72,698 $ 38,095 $ 454,154 $ 564,946
Annual Period 7 $ 75,606 $ 39,619 $ 467,778 $ 583,003
Annual Period 8 $ 78,630 $ 41,203 $ 481,812 $ 601,645
Annual Period 9 $ 81,775 $ 42,851 $ 496,266 $ 620,893
Annual Period 10 $ 85,046 $ 44,566 $ 511,154 $ 640,766
Annual Period 11 $ 88,448 $ 46,348 $ 526,489 $ 661,285
Annual Period 12 $ 91,986 $ 48,202 $ 542,283 $ 682,471
Annual Period 13 $ 95,665 $ 50,130 $ 558,552 $ 704,347
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Annual Period 14 $ 99,492 $ 52,135 $ 575,308 $ 726,936
Annual Period 15 $ 103,472 $ 54,221 $ 592,568 $ 750,260 TOTALS $ 1,196,454 $ 626,961 $ 7,286,256 $ 9,109,671
1.2 Table 1.2 shows the CLIENT’S guaranteed cost Savings for each Annual Period that are extrapolated from the guaranteed energy/utility unit Savings shown in Table 1.1 by multiplying the energy/utility Savings by the Baseline energy/utility rates including the stipulated Escalation Rates found in Article 6.
1.3 SIEMENS cannot and does not predict fluctuations in utility rates or the cost of energy. Therefore, the CLIENT and SIEMENS agree that the energy/utility cost Savings for each Annual Period will be calculated by multiplying the verified units of energy/utility Savings by the Annual Period’s stipulated energy/utility rate and Escalation Rates and not the Annual Period’s actual utility rate.
1.4 The determination of energy/utility Savings will follow current best practice, as defined in the IPMVP, or the FEMP Guidelines where required, unless otherwise agreed to by the Parties.
1.5 The Performance Guarantee does not operate to guarantee the Savings per-FIM.
Rather, the calculation of Savings is based on aggregate performance of all of the FIMs contained in the Project. The projected value of such aggregate performance is contained in Table 1.2 above representing the Total Guaranteed Savings as monetized.
This Exhibit C, comprising Enter TOTAL number of pages including appendicies pages, is attached to and made a part of the Agreement between SIEMENS and the CLIENT.
CLIENT: City of Cudahy SIEMENS: Siemens Industry, Inc.
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Signature:
Printed Name:
Title:
Date:
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Article 2: Measurement and Verification Options
2.1 Measurement and Verification Options: There are five measurement and verification options to measure and verify energy/utility Savings: Option A - Retrofit Isolation: Key Parameter Measurement; Option B - Retrofit Isolation: All Parameter Measurement; Option C - Whole Facility; and, Option D – Calibrated Simulation.
Options A through and including D are part of the IPMVP. Option E-Stipulated is based on industry accepted engineering standards and is the Option used for purposes of calculating Operational Savings.
Option A - Retrofit Isolation: Key Parameter Measurement. Savings are determined by field measurement of the key performance parameter(s) which define the energy use of the FIM’s affected system(s) and/or the success of the Project. Measurement frequency ranges from short-term to continuous, depending on the expected variations in the measured parameter and the length of the reporting period. Parameters not selected for field measurement are estimated. Estimates can be based on historical data, manufacturer’s specifications, or engineering judgment. Documentation of the source or justification of the estimated parameter is required. The plausible savings error arising from estimation rather than measurement is evaluated. If applicable, the predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3- Performance Assurance Services Program.
Option B – Retrofit Isolation: All Parameter Measurement. Savings are determined by field measurement of the energy use of the FIM-affected system. Measurement frequency ranges from short-term to continuous, depending on the expected variations in the savings and the length of the reporting period. If applicable, the predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-Performance Assurance Services Program.
Option C - Whole Facility: Savings are determined by measuring energy use at the whole Facility or sub-Facility level. Continuous measurements of the entire Facility’s energy use are taken throughout the reporting period. If applicable, the predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3- Performance Assurance Services Program.
Option D - Calibrated Simulation: Savings are determined through simulation of the energy use of the whole Facility, or of a sub-Facility. Simulation routines are demonstrated to adequately model actual energy performance measured in the Facility. This Option usually requires considerable skill in calibrated simulation. If applicable, the predetermined schedule for data collection, evaluation, and reporting is defined in Exhibit A, Article 3-Performance Assurance Services Program.
Option E – Stipulated: This Option is the method of measurement and verification applicable to FIMS consisting either of Operational Savings or where the end use capacity or operational efficiency; demand, energy consumption or power level; or manufacturer’s measurements, industry standard efficiencies or operating hours are known in advance, and used in a calculation or analysis method that will stipulate the outcome. Both CLIENT and SIEMENS agree to the stipulated inputs and outcome(s) of the analysis methodology.
Based on the established analytical methodology the Savings stipulated will be achieved upon completion of the FIM and no further measurements or calculations will be performed
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
during the Performance Guarantee Period. If applicable, the methodology and calculations to establish Savings value will be defined in Section 4.6 of this Exhibit C.
2.2 Table 2.1 below summarizes the first Annual Period’s Guaranteed Savings (See Article 1, Tables 1.1 and 1.2) utilizing the applicable Measurement and Verification Options as applied to the referenced FIMs valued pursuant to the agreed upon amounts identified in Article 6 hereof.
Table 2.1 – Savings for First Annual Period by Option
FIM
Energy/Utility
Savings $
Operation
al Savings
$ Total
Savings $
Measurement and Verification Options
A
Retrofit
Isolation: Key
Parameter
Measurement
B
Retrofit
Isolation: All
Parameter
Measurement
C
Whole
Facility
D
Calibrated
Simulation
E
Stipulated
Total
Energy/Utility
Savings
E
Stipulated
Lighting $ 30,717 $30,717 $ 3,917 $ 34,634
Street
Lighting $ 15,121 $15,121 $ 1,840 $ 16,961
HVAC $ 10,265 $10,265 $ 204,842 $ 215,107
Transformer $ 3,648 $ 3,648 $ 3,648
Solar PV $ 31,311 $31,311 $ 31,311
Roof $ 181,158 $ 181,158
TOTALS $ 56,104 $ 31,311 $ 3,648 $91,063 $ 391,757 $ 482,820
2.3 Table 2.2 identifies the source of Operational Savings defined and quantified by the Parties. The Parties affirm that such amounts are Stipulated Savings for purposes of calculating Annual Realized Savings and acknowledge that the Guaranteed Savings identified herein have been based on CLIENT’S affirmation.
OPERATIONAL SAVINGS SHALL NOT BE MEASURED OR MONITORED
DURING THE PERFORMANCE GUARANTEE PERIOD.
Table 2.2 - Source of Operational Savings
Account/'Vendor Description Annual Cost $
# of Annual
Periods
Savings Are
Applied
Annual
Period
Savings
Begin
City of Cudahy
Interior and Exterior Lighting
material replacements (Lamp,
Ballasts and recycling maintenance
cost reductions)
$3,917 15 Year 1
City of Cudahy Street Lighting material replacement
(Lamp, Ballast) and Labor $1,840 15 Year 1
City of Cudahy Capital Cost Avoidance* $386,000 15 Year 1 *The Capital Cost Avoidance Operational Savings derive from work associated with Exhibit A items 1.2.3 and 1.2.5, which by including the FIM’s in this contract avoid having the expend future capital funds to pay for the work that is needed now.
2.3 SIEMENS has explained to the CLIENT and the CLIENT has satisfied itself as to how Operational Savings are incorporated into the Annual Realized Savings.
2.5 The Escalation Factor applicable to the Operational Savings is 3%.
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
BY SIGNING BELOW, THE PARTIES CONFIRM THAT THEY HAVE REVIEWED THE
INCLUDED MEASUREMENT AND VERIFICATION OPTIONS AND THEIR APPLICATION TO BE USED IN CALCULATING SAVINGS UNDER THE AGREEMENT.
CLIENT: [Insert CLIENT name] SIEMENS: Siemens Industry, Inc.
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Signature:
Printed Name:
Title:
Date:
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Article 3: Performance Guarantee Period Responsibilities of the CLIENT In addition to the CLIENT’S responsibilities under Article 6 of the Agreement, this Article details the responsibilities of the CLIENT in connection with the management and administration of the Performance Guarantee.
3.1 The CLIENT will provide a representative at acility to coordinate work and provide required data described below.
3.2 The CLIENT will provide SIEMENS with accurate Facility operating information as defined below and in the Contracted Baseline article of this Exhibit C during each Annual Period, within thirty (30) days of any Material Change that may increase or decrease energy usage.
3.3 If applicable, the CLIENT will provide SIEMENS with copies of utility bills within thirty (30) days of receipt by the CLIENT or provide access to utility vendor information to allow SIEMENS to include a utility bill analysis in the Annual Performance Assurance Report. The utility bill analysis does not take the place of the Measurement and Verification Plan identified in Article 4 of this Exhibit C and is not used to measure the Project’s performance.
3.4 If required for the Work, CLIENT will provide telephone/data remote access, through SIEMENS Insight® software package or otherwise, as SIEMENS reasonably requests. All charges related to telephone/data line installation, activation and communication services are the responsibility of the CLIENT.
3.5 If required for the Work, CLIENT will provide and coordinate utility meter upgrade for interface with SIEMENS metering and data collection. All charges related for these upgrades are the responsibility of the CLIENT.
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Article 4: Measurement and Verification Plan
The following information is applicable to this Agreement:
Article 4.1 General Overview
Article 4.2 Option A - Retrofit Isolation: Key Parameter Measurement Article 4.3 Option B - Retrofit Isolation: All Parameter Measurement Article 4.4 Option C - Whole Facility
Article 4.5 Option D - Calibrated Simulation
Article 4.6 Option E – Stipulated-Energy/Utility Savings
4.1 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.
4.2 Option A - Retrofit Isolation: Key Parameter Measurement
4.2.1 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 energyefficient 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 onetime measurement of the lighting power capacity under existing conditions, a onetime 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 post-installation 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 Where:
kWhpre = Pre-retrofit annual electric consumption (kWh/yr)
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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 Appendix 1
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)
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
4.2.2 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
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
(QtyPost)
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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
4.2.3 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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficienc
y Value
Supply
Fan
Control
Fan
HP
Furnace
Type
Heating
Output
BTU or
Heating
Output kW
for Electric
Gas
Furnace
–
Thermal
Efficiency
%
PreRetrofit
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
ID Building
Name
Cooling
Tons
/Unit
System
Efficiency
Rating
System
Efficienc
y Value
Supply
Fan
Control
Fan
HP
Furnace
Type
Heating
Output
BTU or
Heating
Output kW
for Electric
Gas
Furnace
–
Thermal
Efficiency
%
PreRetrofit
Electric
Demand
(kWpre)
Pre-Retrofit
Electric
Consumption
(kWhpre)
Pre-Retrofit
Natural Gas
Consumption
(Thermspre)
Equipment-15 Community
Center 5.0 EER 10.1 CV 1.50
Natural
Gas 57,100 80% 138.02 7,132 53
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
Post-Retrofit Variables:
Table 4.2.3.2 – Post-retrofit Equipment Conditions
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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
Equipment-14 Community
Center 3.0 SEER 16.1 VAV 0.36
Natural
Gas 49,000 80% 86.84 3,481 44
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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-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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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
4.2.4 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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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-19 Public
Works 5.0 SEER 16.1 VAV 5.0 Temperature 1,949
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
4.3 Option B - Retrofit Isolation: All Parameter Measurement
4.3.1 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)
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
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 1901.1 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
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%
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
October 154.6 76.9%
November 124.3 75.8%
December 100.8 74.4%
Total 2060.9 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 2060.9 75.4% 0.50%
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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Cost Savings ($/yr):
$S = kWhS * $/kWh,x
Where:
kWhS = Annual electric savings (kWh/yr)
$S = Annual cost savings
$/kWh = Contracted unit price for electricity at each location as per Article 6 of this Exhibit C
4.4 Option E - Stipulated-Energy/Utility SavingsTransformer replacement Location(s): City Hall and Bedwell Hall
Overview:
SIEMENS will replace four (4) existing low voltage transformers with four (4) new high efficiency transformers at the City Hall (3) and Bedwell Hall (1). Electric energy savings result from reduced energy losses associated with the transformers.
Pre-Retrofit Equipment Losses:
City Hall BasekWhpre,Loss,n = 13,157 kWh
Bedwell BasekWhpre,Loss,n = 6,837 kWh
Post-Retrofit Equipment Losses:
City Hall Post kWhpre,Loss,n = 1,929 kWh
Bedwell Post kWhpre,Loss,n = 1,067 kWh
Table 4.4.1.1– Transformer Post-Retrofit Parameters
Location
Proposed
Transformer Size
(kVA)
Post-retrofit
no load
losses, NLL
(W)
Post-retrofit
full load
losses, FLL
(kW)
ON %
Loading
OFF %
Loading
City Hall E-Saver-80R 15 35 775 13% 4%
City Hall E-Saver-80R 25 57 674 9.8% 5%
City Hal E-Saver-80R 75 111 2537 10.4% 5%
Bedwell Hall E-Saver-80R 75 111 2537 10.4% 5%
Where:
NLL = Post-retrofit no load losses (kW), as per Table 4.4.1.1 FLL = Post-retrofit full load losses (kW), as per Table 4.4.1.1 ON% = Post-retrofit kW losses during on-peak loading for transformer ‘n’ OFF% = Post-retrofit kW losses during off-peak loading for transformer ‘n’
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Savings Calculations:
Electricity Savings (kWh/yr):
kWhS = ∑ {(kWhpre,Loss,n – kWhpost,Loss,n)}for each transformer ‘n’ City Hall kWhS = 11,228
Bedwell kWhS = 5,770
Cost Savings ($/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
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Article 5: Baseline Data
5.1 The year(s) selected as the Baseline Period starts on April 2019 ends on March 2020. Table 5.1 outlines the utility consumption that occurred during this Baseline Period. This Baseline Period’s Facility utility consumption will be used as the reference for comparing the Facility’s utility consumption during the Performance Guarantee Period in order to determine the Annual Realized Savings.
Table 5.1 – Baseline Utility Consumption
Building / Location Annual Electric
[kWh]
Annual
Electric [kW]
Annual Natural
Gas [Therm]
City Hall, Library, Bedwell Hall,
Cudahy Park 164,380 673 302
Community Center, Sports
Complex, Clara Park 149,198 469 379
Clare Expansion Park 14,550 77 -
Public Works/ Lugo Park - main
meter 90,171 392 286
Public Works/ Lugo Parksecond meter 30,210 195 -
City Owned Street lighting 265,413 - -
Total 713,922 1,806 967
5.2 The operating practices during the Baseline Period determine the utility consumption shown in Table 5.1. This data indicates the operating characteristics that were in effect during the Baseline Period. The Guaranteed Savings provided under this Agreement are based on the efficiencies gained by implementing the Work and implementing the Contracted Baseline in Article 7 of this Exhibit C.
Table 5.2.1 – Baseline Package Units Parameters
Building City
Hall/Library
City
Hall/Library
City
Hall/Library
City
Hall/Library
Unit S-3 2 Ton S-4 3 Ton S-1 10 Ton S-2 10 Ton
EXISTING EXISTING EXISTING EXISTING
1. Economizer None None None None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F)
Low Limit (°F)
High Limit (°F)
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 13.0 13.0 10.1 10.1
3. Supply Air Flow (CFM) 800 1200 4000 4000
4. Supply Fan Control Cycling Cycling Cycling Cycling
Minimum Air Flow (%) 100% 100% 100% 100%
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source None None Electric Electric
Heating Output (BTU or kW) 10 11
Thermal Efficiency 100% 100%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 70 70 70 70
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 70 70 70 70
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule
M-F
7am–9pm
Sat
9am-5pm
M-F
7am–9pm
Sat
9am-5pm
M-F
7am–9pm
Sat
9am-5pm
M-Th
7am-9pm
Table 5.2.2 – Baseline Package Units Parameters
Building Bedwell
Hall
Bedwell
Hall
Bedwell
Hall
Bedwell
Hall
Unit
AC-2
2 Ton
FC 1.1
4 Ton
AC-1 & AC4 5 TonAC-5
7.5 Ton
EXISTING EXISTING EXISTING EXISTING
1. Economizer None None None None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F)
Low Limit (°F)
High Limit (°F)
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 13.0 13.0 11.0 10.1
3. Supply Air Flow (CFM) 800 1600 1750 3000
4. Supply Fan Control Cycling Cycling Cycling Cycling
Minimum Air Flow (%) 100% 100% 100% 100%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source None Electric Gas Gas
Heating Output (BTU or kW) 4 57,100 72,000
Thermal Efficiency 100% 79% 80%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 69 69 69 69
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 69 69 69 69
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
10. Schedule M-Th
7am-9pm
M-Th
7am-9pm
M-Th
7am-9pm
M-Th
7am-9pm
Table 5.2.3 – Baseline Package Units Parameters
Building City
Hall/Library
City
Hall/Library
Community
Center
Community
Center
Unit
AC-2 & AC3 2 TonAC-1
3 Ton
AC-3
3 Ton
No label
3 Ton
EXISTING EXISTING EXISTING EXISTING
1. Economizer None None None None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F)
Low Limit (°F)
High Limit (°F)
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 13.0 13.0 13.0 13.0
3. Supply Air Flow (CFM) 800 1200 1510 1200
4. Supply Fan Control Cycling Cycling VAV Cycling
Minimum Air Flow (%) 100% 100% 60% 100%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Electric None Gas Gas
Heating Output (BTU or kW) 2 72,000 72,000
Thermal Efficiency 100% 80% 80%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 70 70 72 72
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 70 70 72 72
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule M-Th
7am-9pm
M-Th
7am-9pm
M-F
7am-8pm
M-F
7am-8pm
Table 5.2.4 – Baseline Package Units Parameters
Building Community
Center
Community
Center
Community
Center
Public
Works
Unit
No Label
5 Ton
AC-2
7.5 Ton
AC-4
7.5 Ton
No Label
2 @ 5 Ton
EXISTING EXISTING EXISTING EXISTING
1. Economizer None None None None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F)
Low Limit (°F)
High Limit (°F)
Enthalpy Limit (Btu/lb)
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
2. SEER / EER / IEER 10.1 8.9 10.1 11.0
3. Supply Air Flow (CFM) 1750 3000 3000 1750
4. Supply Fan Control Cycling Cycling Cycling Cycling
Minimum Air Flow (%) 100% 100% 100% 100%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Gas Gas Gas Gas
Heating Output (BTU or kW) 57,100 162,000 130,000 57,100 Thermal Efficiency 80% 78% 80% 79%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 72 72 72 71
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 72 72 72 71
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule
M-F
7am-8pm
Sat
12pm12am
M-F
7am-8pm
Sat
12pm12am
M-F
7am-8pm
Sat
12pm12am
M-Th
10am-3pm
Table 5.2.5 – Baseline Package Units Parameters
Building Public
Works
Public
Works
Public
Works
Community
Center
Unit
No Label
2 @ 8.5
Ton
No Label
10 Ton
No Label
2 @ 10 Ton
No Label
7.5 Ton
EXISTING EXISTING EXISTING EXISTING
1. Economizer None None None None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F)
Low Limit (°F)
High Limit (°F)
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 10.8 10.1 10.1 9.0
3. Supply Air Flow (CFM) 3000 3800 3800 3000
4. Supply Fan Control Cycling Cycling Cycling Cycling
Minimum Air Flow (%) 20% 20% 20% 20%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Gas Gas Gas Gas
Heating Output (BTU or kW) 102,500 192,000 192,000 97,000 Thermal Efficiency 78% 80% 80% 81%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 71 71 71 72
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 71 71 71 72
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule M-Th
10am-3pm
M-Th
10am-3pm
M-Th
10am-3pm
M-Th
7am-8pm
Sat
12pm12am
5.3 Applicable codes - Federal, State, County or Municipal codes or regulations are applicable to the use and operation of the Facility. SIEMENS will maintain the current level of Facility compliance relative to applicable codes in effect on the Agreement Effective Date unless specifically outlined to the contrary below. Unless specifically set forth in the Scope of Work and Services, Exhibit A, nothing herein should be construed as to require SIEMENS to provide additional work or services in the event that the current applicable code or regulation is modified.
5.3.1 Current code compliance (identify the applicable code citation):
a. California Title 24
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Article 6: Utility Rate Structures and Escalation Rates
6.1 Utility costs used for Savings calculations will be based on the utility rates and Escalation Rates, as provided in the table(s) below. Each Escalation Rate will be applied annually to the utility rate.
Table 6.1.1A Electric Utility Rates
Building Rates based on FIM Rate
Schedule
Baseline rate Proposed rate
$/kWh $/kW $/kWh $/kW
City Hall, Library,
Bedwell Hall,
Cudahy Park
Lighting Upgrade- Interior
Lighting,
HVAC Upgrades
TOU-GS2E $0.206/kWh $14.51/kW $0.206/kWh $14.51/kW
Lighting Upgrade-Exterior
Lighting
TOU-GS2E $0.184/kWh $14.51/kW $0.184/kWh $14.51/kW
Community
Center, Sports
Complex, Clara
Park
Lighting Upgrade- Interior
Lighting,
HVAC Upgrades
TOU-GS2E $0.201/kWh $14.51/kW $0.201/kWh $14.51/kW
Lighting Upgrade-Exterior
Lighting
TOU-GS2E $0.184/kWh $14.51/kW $0.184/kWh $14.51/kW
Clare Expansion
Park
Lighting Upgrade-Exterior
Lighting
AL-2-F $0.106/kWh N/A $0.106/kWh N/A
Public
Works/Lugo Park
Main Meter
Lighting Upgrade- Interior
Lighting,
HVAC Upgrades
TOU-GS2D
CPP
To
TOU-GS2E
$0.111/kWh $37.48/kW $0.189/kWh $14.51/kW
Lighting Upgrade-Exterior
Lighting
TOU-GS2D
CPP
To
TOU-GS2E
$0.121/kWh $37.48/kW $0.184/kWh $14.51/kW
City Owned
Street Lighting
Street Lighting LS-2 $0.17/kWh N/A $0.17/kWh N/A
Table 6.1.1B Solar Electric Utility Rates
Building
Rate
Schedule
Weighted average based on
Solar Production Hours
$/kWh
City Hall, Library, Bedwell Hall, Cudahy Park TOU-GS-2E $0.155 / kWh Community Center, Sports Complex, Clara Park TOU-GS-2E $0.170 / kWh *Public Works/Lugo Park TOU-GS-2E $0.201 / kWh
*Note: Siemens will assist customer in rate switch from TOU-GS-2D to TOU-GS-2E Table 6.1.2 Gas Utility Rates
Building
Rate
Schedule $/Therm
City Hall, Library, Bedwell Hall, Cudahy Park GN-10 $1.60 /Therm Community Center, Sports Complex, Clara Park GN-10 $1.58 /Therm Public Works/Lugo Park GN-10 $1.59 /Therm
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
The baseline rate schedules above used in the calculations were those prevailing at the time of execution of this contract escalated by 4%. Energy Escalation Rate: 4.0% per Annual Period thereafter.
Derate value of .5% will be applied to Solar savings per annual period.
Article 7: Contracted Baseline Data
7.1 The following tables detail the Facility operating parameters that are required to be implemented on the Guarantee Date or on such time as agreed upon by the Parties. This specific configuration of Facility operating parameters is the Contracted Baseline and failure of the CLIENT to maintain the Contracted Baseline may result in a Material Change which may require a modification of the Performance Guarantee pursuant to Article 4 of the Agreement.
Table 7.1.1 Baseline Package Units Parameters
Building City
Hall/Library
City
Hall/Library
City
Hall/Library
City
Hall/Library
Unit S-3 2 Ton S-4 3 Ton S-1 10 Ton S-2 10 Ton
PROPOSED PROPOSED PROPOSED PROPOSED
1. Economizer None None None Temperature
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F) 57
Low Limit (°F) 50
High Limit (°F) 70
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 15.0 15.0 22.0 22.0
3. Supply Air Flow (CFM) 800 1200 6286 6286
4. Supply Fan Control VAV VAV VAV VAV
Minimum Air Flow (%) 40% 40% 40% 40%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Electric Electric Electric Electric
Heating Output (BTU or kW) 1.95 2.93 9.92 9.92
Thermal Efficiency 100% 100% 100% 100%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 70 70 70 70
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 70 70 70 70
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule M-F
7am–9pm
M-F
7am–9pm
M-F
7am–9pm
M-Th
7am-9pm
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Table 7.1.2 Baseline Package Units Parameters
Building Bedwell Hall Bedwell Hall Bedwell Hall Bedwell Hall Unit
AC-2
2 Ton
FC 1.1
4 Ton
AC-1 & AC4 5 TonAC-5
7.5 Ton
PROPOSED PROPOSED PROPOSED PROPOSED
1. Economizer None None Temperature None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F) 57
Low Limit (°F) 50
High Limit (°F) 70
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 15.0 15.0 15.0 22.5
3. Supply Air Flow (CFM) 800 1600 2000 5827
4. Supply Fan Control VAV VAV VAV VAV
Minimum Air Flow (%) 40% 40% 40% 40%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Electric Electric Electric Electric
Heating Output (BTU or kW) 1.95 3.91 4.75 6.62
Thermal Efficiency 100% 100% 100% 100%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 69 69 69 69
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 69 69 69 69
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule M-Th
7am-9pm
M-Th
7am-9pm
M-Th
7am-9pm
M-Th
7am-9pm
Table 7.1.3 Baseline Package Units Parameters
Building City
Hall/Library
City
Hall/Library
Community
Center
Community
Center
Unit
AC-2 & AC3 2 TonAC-1
3 Ton
AC-3
3 Ton
No Label
3 Ton
PROPOSED PROPOSED PROPOSED PROPOSED
1. Economizer None None None None
Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F)
Low Limit (°F)
High Limit (°F)
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 15.0 16.0 16.0 16.1
3. Supply Air Flow (CFM) 874 1199 1264 1200
4. Supply Fan Control VAV VAV VAV VAV
Minimum Air Flow (%) 40% 40% 40% 40%
Motor Efficiency (%) 85% 85% 85% 85%
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
5. Heat Source Gas Gas Gas Gas
Heating Output (BTU or kW) 37,000 49,000 49,000 49,000
Thermal Efficiency 80% 80% 80% 80%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 70 70 72 72
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 70 70 72 72
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule M-Th
7am-9pm
M-Th
7am-9pm
M-F
7am-8pm
M-F
7am-8pm
Table 7.1.4 Baseline Package Units Parameters
Building Community
Center
Community
Center
Community
Center
Public
Works
Unit
AC-2
5 Ton
AC-4
7.5 Ton
No Label
7.5 Ton
No Label
2 @ 5 Ton
PROPOSED PROPOSED PROPOSED PROPOSED
1. Economizer Temperature Temperature Temperature Temperature Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F) 57 57 57 57
Low Limit (°F) 50 50 50 50
High Limit (°F) 70 70 70 70
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 16.0 13.8 13.8 16.1
3. Supply Air Flow (CFM) 1990 3000 3000 2000
4. Supply Fan Control VAV VAV VAV VAV
Minimum Air Flow (%) 40% 40% 40% 40%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Gas Gas Gas Gas
Heating Output (BTU or kW) 73,000 73,000 73,000 49,000
Thermal Efficiency 80% 80% 80% 80%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 72 72 72 71
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 72 72 72 71
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule M-F
7am-8pm
M-F
7am-8pm
M-F
7am-8pm
M-Th
10am-3pm
Exhibit C – Performance Assurance
Siemens Industry, Inc., Smart Infrastructure
Exhibit C – Performance Assurance v. 2019
Table 7.1.5 Baseline Package Units Parameters
Building Public
Works
Public
Works
Public
Works
Community
Center
Unit
No Label
2 @ 8.5 Ton
No Label
8.5 Ton
No Label
2 @ 10 Ton
No Label
7.5 Ton
PROPOSED PROPOSED PROPOSED PROPOSED
1. Economizer Temperature Temperature Temperature Temperature Minimum OSA % 20% 20% 20% 20%
Mixed Air Setpoint (°F) 57 57 57 57
Low Limit (°F) 50 50 50 50
High Limit (°F) 70 70 70 70
Enthalpy Limit (Btu/lb)
2. SEER / EER / IEER 13.8 13.8 12.7 13.8
3. Supply Air Flow (CFM) 3400 3400 4000 3000
4. Supply Fan Control VAV VAV VAV VAV
Minimum Air Flow (%) 40% 40% 40% 40%
Motor Efficiency (%) 85% 85% 85% 85%
5. Heat Source Gas Gas Gas Gas
Heating Output (BTU or kW) 73,000 73,000 89,000 73,000
Thermal Efficiency 80% 80% 80% 80%
Heat Pump - HCOP (rated at 47°F
OSA)
6. OCCUPIED
Cooling Setpoint (°F) 71 71 71 72
Heating Setpoint (°F) 68 68 68 68
UNOCCUPIED
Cooling Setpoint (°F) 71 71 71 72
Heating Setpoint (°F) 68 68 68 68
7. OSA Damper Closed at Night? No No No No
8. Fan Operation at Night? No No No No
9. CO2 Sensors? No No No No
10. Schedule
M-Th
10am-3pm
M-Th
10am-3pm
M-Th
10am-3pm
M-Th
7am-8pm
Sat
12pm-12am
DETAILED STUDY
City of Cudahy, CA
Investment Grade Audit (IGA)
August 2022
Attachment B Page 117 of 391
Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
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Investment Grade Audit
Detailed Study
Facility Information:
City of Cudahy
5220 Santa Ana St.
Cudahy, CA 90201
Aaron Hernandez-Torres, PE
Assistant City Engineer
[email protected]
(323) 773-5143 ext. 228
Siemens Contact Information:
Siemens Industry, Inc.
6141 Katella Ave.
90630 Cypress, CA
Sanwali Kharod
6141 Katella Ave.
90630 Cypress, CA
(714) 310-4871
[email protected]
Ernest Kim
6141 Katella Ave.
90630 Cypress, CA
(714) 425-7140
[email protected]
Siemens Industry, Inc.
Table of Contents
Table of Contents
Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use
Table of Contents
Executive Summary ................................................................................................................... 4 Project Objective.................................................................................................................... 4 Recommended Facility Improvement Measures.................................................................... 5 Energy Guaranteed Savings Summary.................................................................................. 6 Facility Improvement Measures (FIMs).................................................................................. 6 Existing Conditions .................................................................................................................... 7 City Hall | Bedwell Hall | Library | Cudahy Park................................................................... 7 HVAC ..................................................................................................................................... 7 Lighting................................................................................................................................... 8 Occupancy and Equipment Schedules ................................................................................ 14 Community Center | Sports Complex | Clara Street Park | Clara Expansion Park ......... 15 HVAC ................................................................................................................................... 15 Lighting................................................................................................................................. 15 Occupancy and Equipment Schedules ................................................................................ 21 Public Works | Lugo Park...................................................................................................... 21 HVAC ................................................................................................................................... 21 Lighting................................................................................................................................. 22 Occupancy and Equipment Schedules ................................................................................ 26 Utility Analysis.......................................................................................................................... 27 Utilities Supply Description ................................................................................................. 27 Baseline Energy Consumption ............................................................................................ 27 Existing Electric Utility Consumption and Costs............................................................... 28 City Hall | Library | Bedwell Hall | Cudahy Park ................................................................... 28 Community Center | Sports Complex | Clara Park............................................................... 30 Cudahy River Park ............................................................................................................... 32 Public Works | Lugo Park Main Meter.................................................................................. 34 Public Works | Lugo Park Secondary Meter ........................................................................ 36 Annual Electricity Consumption (Baseline) ...................................................................... 38 Understanding Electric Utility Rates .................................................................................. 38 Thermal Consumption and Costs ........................................................................................ 39 City Hall | Library | Bedwell Hall | Cudahy Park ................................................................... 40
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Community Center | Sports Complex | Clara Park............................................................... 41 Public Works | Lugo Park Secondary Meter ........................................................................ 42 Facility Improvement Measures Description........................................................................ 43 FIM 1: Interior and Exterior Lighting..................................................................................... 44 FIM 2: City Owned Street Lighting ....................................................................................... 46 FIM 3: Solar.......................................................................................................................... 48 FIM 4: Roof Replacement .................................................................................................... 56 FIM 5: Mechanical and Controls .......................................................................................... 59 FIM 6: Transformer Upgrades.............................................................................................. 64 Future Facility Improvement Measures ................................................................................ 68 FIM 1: Electric Vehicle Charging Stations............................................................................ 68 FIM 2: Air-Conditioned Space for Gym at the Community Center ....................................... 68 FIM 3: SCE Street Light Acquisition..................................................................................... 68 FIM 4: Sports Field lighting at Cudahy Park......................................................................... 69 FIM 5: Skylight replacement at the City Hall and Bedwell Hall ............................................ 69 Measurement & Verification (M&V) ...................................................................................... 70 Why Siemens?........................................................................................................................... 92
Siemens Industry, Inc.
Executive Summary
Executive Summary
Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
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Executive Summary
Project Objective
The City of Cudahy recognizes a
need, within their facilities, to
find a more cost-effective way to
manage rising energy costs,
ongoing operations and
maintenance, while increasing
reliability and sustainability.
Energy and operational costs are
a significant and increasing part
of the City’s expenses and a more
efficient use of energy would lead
to savings for the City and is also
an important goal of the City’s
leadership.
The City of Cudahy, in an ongoing effort to reduce energy costs and upgrade existing facilities, has partnered with Siemens Industry (Siemens) as a qualified energy performance contractor.
Siemens and the City of Cudahy entered into a Letter of Intent (LOI) on 11/04/21. The intent of the agreement is to reduce the energy and operational expenses incurred by the City in various facilities. As the City’s energy performance contractor and partner, Siemens has performed a detailed energy analysis, the results of which are contained herein.
Siemens conducted thorough on-site inspections for the purpose of identifying and evaluating opportunities to implement Facility Improvement Measures (FIMs), that would provide energy, maintenance, or other cost savings. The projected savings for each FIM was quantified using computer simulation models and spreadsheet calculations. The input data was derived from site visits, interviews with City administration and staff, electric power and related measurements, data logging and observation of the operation of existing equipment and occupancy patterns, engineering drawings, and utility billing data.
This report summarizes the results of the detailed energy analysis performed by Siemens for the City of Cudahy. The analysis included study of the existing HVAC, building lighting, mechanical automation, street lighting and outdoor lighting, and solar. Each facility and system were analyzed for potential improvements resulting in energy and cost savings as well as improved performance and reliability.
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Recommended Facility Improvement Measures
Siemens suggests the following Facility Improvement Measures:
Facility Improvement Measure
1 Interior and Exterior LED Lighting
2 City Owned Street Lighting
3 Solar PV
4 Roof Replacement
5 Mechanical Upgrades
6 Transformer Upgrades
Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
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Energy Guaranteed Savings Summary
Guaranteed
Savings CO2 Calculated Savings
Thermal (Fuel/Steam/Gas) 530 2.8 Metric Tons of CO2
Electricity (kWh) 271,184 192 Metric Tons of CO2
The CO2 calculation is based on the EPA United States Environmental Protection Agency Greenhouse Gas Equivalencies Calculator.
Facility Improvement Measures (FIMs)
In addition to the suggested measures presented under paragraph 1.2, Siemens has also examined the following measures that do not accommodate with the framework of the project agreement. Also, some observations are presented that do not reduce energy use but are important from a technical perspective for a delivered holistic approach.
Measure/Observation
1 Electric Vehicle Charging Stations
2 Air-Conditioned Space for the GYM at the Community Center 3 SCE Streetlights Acquisition
4 Sports Field Lighting at Cudahy Park
5 Sky Light Replacement
Siemens Industry, Inc.
Existing Conditions
Existing Conditions
Siemens Smart Infrastructure (SI)
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Existing Conditions
This Section discusses the existing conditions at each facility surveyed during the audit. The discussion includes descriptions of building type, energy-using systems, and utilization schedules.
City Hall | Bedwell Hall | Library | Cudahy Park
The City Hall, Bedwell Hall and Library were constructed in 1960’s, and are roughly 16,400 square feet combined. These facilities are owned and operated by the city. The City Hall serves as an administrative center. The Bedwell Hall serves as an administrative office and houses the City Council Chambers. The site shares the campus with Cudahy Park. Cudahy Park is roughly 8 acres and includes a playground, two baseball fields, tennis courts and basketball courts. These facilities combined share one common electric and gas meter and are the highest energy consumer compared to all other facilities. The site is located at 5520 Santa Ana St., Cudahy, CA 90201.
HVAC
The City Hall and Library are conditioned by (3) three gas/electric packaged units and (4) four split system units, all mounted to the roof. The units provide roughly 32 tons of cooling capacity to the building. The Bedwell Hall is conditioned by (6) six split system units, mounted on the roof and ground. The units provide roughly 25.5 tons of cooling capacity to the building.
Location Equipment Type Label Manufacture Outdoor Unit
Model Number
Indoor Unit
Model Number Tons
City Hall
Library Split System S-3 (Indoor Unit Label S-4) Guardian GCGD24S21S2XB R1-24-ACH 2 City Hall
Library Split System S-4 (Indoor Unit Label S-3) Guardian GCGD36S21S2B GV036P14 3 City Hall
Library
Split System-Heat
Pump
S-1 Lennox HP 29-120-4G FBHP-S120AA 10
City Hall
Library
Split System-Heat
Pump
S-2 Trane TWA120A40RGA FBHP-S120AA 10
Bedwell Hall Split System AC-3 York E1CS024A06A UNKNOWN 2 Bedwell Hall Split System AC-2 York E1CS024A06A UNKNOWN 2 Bedwell Hall Split System-Heat
Pump
FC 1.1 Lennox 13HPD-048-230-
12 UNKNOWN 4
Bedwell Hall Split System AC-4 Concord 2HP13L609-1A UNKNOWN 5 Bedwell Hall Split System AC-1 Concord 2HP13L60P-1A UNKNOWN 5 Bedwell Hall Split System AC-5 Unknown UNKNOWN UNKNOWN 7.5 City Hall
Library
Packaged Heat
Pump
AC-2 Concord RHP13A24P-2A N/A 2
City Hall
Library Package Unit AC-3 Rheem UNKNOWN N/A 2
Siemens Smart Infrastructure (SI)
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City Hall
Library Package Unit AC-1 Concord 2SN13B36P-1A N/A 3
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
Facility
Name
Location
in
Facility
Room Type Quantity Lighting Description
(Existing System)
INTERIOR CITY
HALL
FLOOR
01 OFFICE - OPEN PLAN 14
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 OFFICE - OPEN PLAN 24
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 OFFICE - OPEN PLAN 4
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 OFFICE - OPEN PLAN 4
Existing (2) 34-Watt T12 UBend, 6" Spacing Fluorescent Lamp/Bipin Base/Magnetic,
Standard Ballast
INTERIOR CITY
HALL
FLOOR
01 OFFICE - OPEN PLAN 1 No Existing Luminaire
INTERIOR CITY
HALL
FLOOR
01 OFFICE - OPEN PLAN 2
Existing (1) 4-Watt Fixture, No
Light Emitting Diode Lamp/No
Base/Driver, No Ballast
INTERIOR CITY
HALL
FLOOR
01 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 CITY
HALL
FLOOR
01 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 CITY
HALL
FLOOR
01 COPY ROOM 2
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 COMMUNICATION/SERVER
ROOM 2
Existing (4) 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 CITY
HALL
FLOOR
01 COMMUNICATION/SERVER
ROOM 2
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 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 CITY
HALL
FLOOR
01 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 CITY
HALL
FLOOR
01 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 CITY
HALL
FLOOR
01 OFFICE <=250 SQ. FT. 4
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 OFFICE <=250 SQ. FT. 2
Existing (1) 65-Watt R30
Incandescent Lamp/Screw In,
Medium Base/No Ballast
INTERIOR CITY
HALL
FLOOR
01 VAULT 4
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR CITY
HALL
FLOOR
01 BREAKROOM/LOUNGE 4
Existing (1) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 BREAKROOM/LOUNGE 8
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 BREAKROOM/LOUNGE 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 CITY
HALL
FLOOR
01 RESTROOM 2
Existing (1) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 RESTROOM 2
Existing (2) 8-Watt Arbitrary,
Standard Light Emitting Diode
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR CITY
HALL
FLOOR
01 RESTROOM ENTRY 1
Existing (2) 20-Watt T12 Linear,
2 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use
INTERIOR CITY
HALL
FLOOR
01 RESTROOM 1
Existing (1) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR CITY
HALL
FLOOR
01 RESTROOM 1
Existing (2) 8-Watt Arbitrary,
Standard Light Emitting Diode
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR CITY
HALL
FLOOR
01 SHOWER 1
Existing (1) 60-Watt Arbitrary,
Standard Incandescent
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR CITY
HALL
FLOOR
01 SHOWER 1
Existing (1) 60-Watt Arbitrary,
Standard Incandescent
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR CITY
HALL
FLOOR
01 ELECTRICAL/TELEPHONE ROOMS 3
Existing (2) 8-Watt Arbitrary,
Standard Light Emitting Diode
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR CITY
HALL
FLOOR
01 HALLWAY 3
Existing (2) 34-Watt T12 UBend, 6" Spacing Fluorescent Lamp/Bipin Base/Magnetic,
Standard Ballast
INTERIOR CITY
HALL
FLOOR
01 HALLWAY 2
Existing (2) 34-Watt T12 UBend, 6" Spacing Fluorescent Lamp/Bipin Base/Magnetic,
Standard Ballast
INTERIOR CITY
HALL
FLOOR
01 HALLWAY 1
Existing (2) 7-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast
INTERIOR CITY
HALL
FLOOR
01 STORAGE AREA 14
Existing (4) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR LIBRARY FLOOR
01 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 LIBRARY FLOOR
01 OFFICE <=250 SQ. FT. 1
Existing (1) 75-Watt Br38
Incandescent Lamp/Screw In,
Medium Base/No Ballast
INTERIOR LIBRARY FLOOR
01 LIBRARY - READING AREAS 12
Existing (2) 27-Watt Spiral
Compact Fluorescent
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR LIBRARY FLOOR
01 LIBRARY - READING AREAS 31
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR LIBRARY FLOOR
01 LIBRARY - READING AREAS 20 Existing (1) 18 Watt Dedicated LED Fixture with Driver
INTERIOR LIBRARY FLOOR
01 OFFICE - OPEN PLAN 12
Existing (4) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Siemens Smart Infrastructure (SI)
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Normal Light Output
(.85<Bf<.95) Ballast
EXTERIOR LIBRARY FLOOR
01 BUILDING PERIMETER 3
Existing (2) 8-Watt Arbitrary,
Standard Light Emitting Diode
Lamp/Screw In, Medium
Base/No Ballast
EXTERIOR LIBRARY FLOOR
01 BUILDING PERIMETER 5 Existing (1) 80 Watt Dedicated LED Fixture With Driver
EXTERIOR LIBRARY FLOOR
01 AREA LIGHTING 2
Existing (1) 50-Watt R20
Incandescent Lamp/Screw In,
Medium Base/No Ballast
EXTERIOR LIBRARY EXTERIOR BUILDING PERIMETER 1
Existing (1) 100-Watt Tubular,
Single Ended Halogen
Lamp/Double Contact Bayonet
Base/No Ballast
EXTERIOR LIBRARY EXTERIOR WALKWAY 1 Existing (1) 50 Watt Dedicated LED Fixture With Driver
INTERIOR BEDWELL
HALL
FLOOR
01 CLASSROOM/LECTURE/TRAINING 29
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 CLASSROOM/LECTURE/TRAINING 3
Existing (1) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 CLASSROOM/LECTURE/TRAINING 3
Existing (2) 7-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 CLASSROOM/LECTURE/TRAINING 3
Existing (1) 75-Watt Br38
Incandescent Lamp/Screw In,
Medium Base/No Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 PRIVATE 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 BEDWELL
HALL
FLOOR
01 PRIVATE RESTROOM 1
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 PRIVATE RESTROOM 1
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 JANITOR CLOSET 1
Existing (1) 13-Watt Spiral
Compact Fluorescent
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 KITCHENETTE/SMALL KITCHEN 2
Existing (2) 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 BEDWELL
HALL
FLOOR
01 LOBBY 11 Existing (1) 18 Watt Dedicated LED Fixture With Driver
INTERIOR BEDWELL
HALL
FLOOR
01 LOBBY 1
Existing (2) 7-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 OFFICE >250 SQ. FT. 12
Existing (3) 17-Watt T8 Linear, 2
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 VESTIBULE 1
Existing (2) 32-Watt T8 Linear, 4
Foot Fluorescent Lamp/Bipin
Base/Electronic, Instant Start,
Normal Light Output
(.85<Bf<.95) Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 1
Existing (1) 60-Watt Arbitrary,
Standard Incandescent
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 1
Existing (1) 60-Watt Arbitrary,
Standard Incandescent
Lamp/Screw In, Medium
Base/No Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM - STAGE 6
Existing (3) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 2
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 1
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 1
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 ELECTRICAL/TELEPHONE ROOMS 1
Existing (4) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 6
Existing (2) 34-Watt T12 Linear,
4 Foot Fluorescent Lamp/Bipin
Base/Magnetic, Standard Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 PRIVATE RESTROOM 1
Existing (2) 13-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 STORAGE AREA 1
Existing (2) 13-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM 12 Existing (1) 25 Watt Dedicated LED Fixture With Driver
INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM 4
Existing (1) 26-Watt Multi Tube
Compact Fluorescent Lamp/2
Pin Base/Magnetic, Standard
Ballast
INTERIOR BEDWELL
HALL
FLOOR
01 AUDITORIUM 8 Existing (2) 32-Watt T8 Linear, 4 Foot Fluorescent Lamp/Bipin
Siemens Smart Infrastructure (SI)
Energy and Performance Services (EPS)
Restricted Use