June 4, 2024, Reg. CC Mtg., Page # 143
We have read the City’s Request for Proposals (RFP) for Lomita City Hall HVAC Upgrade, received the addendum, and fully understand its intent. We certify that we have qualified and experienced LOCAL personnel, vast successful project experience, and capabilities and resources to provide the City of Lomita and fulfill the requirements. The outcome and success of this project hold significant importance to us, and we are committed to completing this program on-time, within budget, and exceeding the expectations set for this initiative.
Sincerely,
Jordan Lerner
VP of Sales, West Region
P: 206.406.5239
E: [email protected]
Rachel Torgerson
Account Executive / Program
Manager
P: 916.848.8088
E: [email protected]
1660 Scenic Ave,
Costa Mesa, CA 92626
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 144
Internal
Table of Contents
June 4, 2024, Reg. CC Mtg., Page # 145
Table of Contents
Cover Letter ....................................................................................................1
1. Introduction .....................................................................................................4
2. Proposed Project Team.................................................................................15
3. Qualifications & Experience of Proposal Project Team..................................16
4. Base Bid Proposed Scope.............................................................................32
5. Alternate Strategies for Base Bid...................................................................34
6. Add Alternates Proposed ..............................................................................35
7. Measurement & Verification Plan ..................................................................40
8. Economic Performance Evaluation (Pricing) .................................................41
9. References....................................................................................................42
10. Exceptions to RFP/Contract ..........................................................................53 RFP Questionnaire .............................................................................................69 Other Necessary and Essential Prequalification Requirements.........................115 a. Memorandum of Insurance....................................................................116 b. Surety Letter from MARSH....................................................................123 Addendum #1 ...................................................................................................127 This proposal, and any exhibits and attachments hereto, (collectively, this “Proposal”) and any information contained herein, is the property of Schneider Electric Buildings Americas, Inc. (Schneider Electric) and shall constitute proprietary and confidential information. The party to whom this Proposal is addressed (the “Receiving Party”) acknowledges the confidential nature of this Proposal and agrees to take all necessary precautions to ensure the confidential treatment of this Proposal and all information contained herein. This Proposal is intended solely for the employees, representatives, and agents of the Receiving Party (the “Receiving Party Representatives”); provided, however, that this Proposal is only to be disclosed to those Receiving Party Representatives on a “need-to-know” basis.
Except for the Receiving Party Representatives, the Proposal will not be used, copied, reproduced, disclosed or otherwise made available, directly or indirectly, to any other person, firm, corporation, governmental unit, association or entity, for any purpose whatsoever, without the prior written consent of Schneider Electric.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 146
Internal
Introduction
1 June 4, 2024, Reg. CC Mtg., Page # 147
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
1. Introduction
At the heart of every municipality is the promise of innovation and excellent service. Now is the perfect time to move forward in updating your infrastructure and addressing your deferred maintenance. Rest assured, the Schneider Electric Project Team has the depth of expertise and proven performance to engineer your mechanical solutions at the Lomita City Hall building and any other complex projects you may have in the future. We’ve completed projects for municipalities, large
cities, public schools and universities, publicprivate partnerships (P3), and federal military bases.
When it comes to big picture planning, we know
what we’re talking about. Whether it is for
fortune 500 companies, or a city like Lomita, we
have the expertise to take your goals and put
together thoughtful, strategic, long-term plans
that can make your goals a reality. We’re also
no stranger to joint-ventures and community
partnerships. When it comes to serving our
customers, we will present the strongest team
possible. Schneider Electric is open to all ideas
the City might put forth, and we have the ability
to execute them one-by-one.
Benefits to Your Community
By investing in these proposed improvements, Lomita will be able to:
THIS PROJECT WILL PROVIDE: TO HELP YOU ACHIEVE:
Solution: Improved comfort controls Benefit: Real time responses to occupant feedback Solution: State of the art technology Benefit: Electrification Solution: Energy efficiency Benefit: Reduced energy and maintenance costs Third-party research company Guidehouse Insights ranked Schneider Electric as the #1 ESCO for the last 5 years.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 148
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Organizational Information
WHO IS SCHNEIDER ELECTRIC?
Schneider Electric was established in 1836 and has
grown into a global specialist in energy management,
efficiency, and infrastructure. We entered the ESCO
business 32 years ago with the founding of our
Sustainability Business in 1992. We offer the backing
and stability of a large company, while the
Sustainability Business operates with the flexibility
and local approach you may find with a smaller
company. Lomita will receive the resources and
expertise you need with the personal touch of local
representatives who understand your unique
challenges.
Our operations span more than 100 countries, with
nearly 135,000 employees and $34.2 Billion in annual
revenue. In short, we offer the backing and stability of a large company, while the Sustainability Business
operates within the ESCO space as a smaller
division. Lomita will receive the resources and
expertise you need with the personal touch of local representatives who understand your unique challenges.
OUR ENERGY PARTNERSHIP AND SUSTAINABILITY BUSINESS
SCHNEIDER ELECTRIC LOCATIONS
Managing Office for the City of Lomita:
Costa Mesa Office
1660 Scenic Avenue
Costa Mesa, CA 92626
ESCO Headquarters:
Schneider Electric Buildings Americas, Inc.
1650 W. Crosby Road
Carrollton, TX 75006
World Headquarters:
Schneider Electric S.E.
43-45, boulevard Franklin-Roosevelt
F-92500 Rueil-Malmaison Cedex (France)
Schneider Electric’s Sustainability Business offers over three decades of experience helping our clients successfully advance their goals through energy and infrastructure improvement projects. You will work with a team of certified, in-house experts who have the insight and skill to develop projects that align with your priorities and foster stakeholder trust in your strategic direction. Your team can rest assured that we offer the right credentials and proven expertise to deliver on our promises, as recognized by the Department of Energy, the Department of Defense, NAESCO, the Environmental Protection Agency, and more.
In the past 32 years:
Total Performance
Contracts Implemented: 1,010 nationwide
Total Value of
Construction Projects
Implemented:
$4,174,457,616
Guaranteed Savings: $3,984,834,695
Exceeded Guaranteed
Savings:
99.72% of our
guaranteed dollars
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 149
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project We offer an approach that extends beyond standard performance contracting services. We’ll help Lomita realize your vision and accomplish your highest priority goals in several key areas, including:
Energy Technology Funding
Reduce and optimize your utility
and energy usage through
infrastructure improvements
and positively impact social and
economic prioritization areas.
Modernize your facilities using
the latest technology
tailored to your needs and
further enhance social justice
initiatives.
Leverage reallocated funds
from your energy savings to fund
improvements and explore
available energy grants, rebates,
and more.
Facilities/Operations Community Engagement Public Image Training to sustain optimal
equipment performance and
solutions that reduce long-term
operating and maintenance
costs.
Empower stakeholders
and educate them
in both English and Spanish
regarding behaviors that
affect your budget. Tailor
messaging through lens of
intersectional community needs.
Co-create a marketing
vision plan that will help build
awareness of your environmental
commitment through press
releases, community outreach
events, specialized signage, and
more.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 150
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Contact Information
MEET THE CITY OF LOMITA TEAM
Contact for Negotiations Point of Contact(s) for City of Lomita RFP Jordan Lerner
Regional Vice President
[email protected]
(206) 406-5239
Rachel Torgerson
Account Executive / Program Manager
[email protected]
(916) 848-8088
Qualifications and Experience
NAESCO ACCREDITATION
Schneider Electric is an active, accredited member of NAESCO as an Energy Service Provider (ESP). This accreditation, the highest that NAESCO awards, means that we offer all of the capabilities of a traditional ESCO, as well as additional offerings not all firms in the energy business are able to provide. Our projects not only include energy conservation measures, but we also have the expertise to help our clients meet emissions reduction targets or achieve carbon neutrality as part of their performance outcomes. This includes solutions such as distributed energy generation, cogeneration, combined heat and power (CHP) projects, as well as arrangement of firm contracting of energy supply and energy-as-a-service (EaaS).
ACTIVE GENERAL CONTRACTOR LICENSE IN CALIFORNIA
California Experience
We have a long history of providing energy work in the State of California since 1995. Schneider Electric employs over 2,100 people in the state of California and has five regional offices in Southern California, with our main office being located two hours from Palmdale in Costa Mesa.
We have developed and implemented over $370M worth of work for cities, counties, school districts, and special districts across the state.
Schneider Electric is registered as a California Professional Engineering firm and functions as a general contractor on energy savings performance contracts. Our registration number is 708952.
All subcontractors working for Schneider Electric on your project will be required to have a valid California contractor’s license, and our Project Manager will ensure that applicable permits are obtained prior to project start. Your project team will also include a designated Professional Engineer licensed in the State of California
Schneider Electric is accredited by the
National Association of Energy
Services Companies (NAESCO) as an
Energy Service Provider
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 151
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project U.S. DEPARTMENT OF ENERGY (DOE) QUALIFIED ESCO
As an approved performance contractor for the DOE and the DOD, Schneider Electric has undergone substantial vetting. Our credentials prove that we can do what we say we will do—whether it be for the federal government or for a City like yours.
Schneider Electric's recent Federal, resilience-focused ESPC projects featured in this section have all included solutions that provide onsite renewable energy generation to offset purchased power and, in several instances, powering mission critical operations during grid outages. All projects have solar PV and renewable energy.
BONDING CAPACITY
We have the ability to bond all work that will be developed as part of your project. Our commitment to complete the work for the fixed price promised is bolstered by our performance bond, which guarantees we will fulfill all our construction obligations. Schneider Electric primarily uses Western Surety Company when providing payment and performance bonds to our customers. Western Surety Company is rated “A-” by AM Best and is capable of providing written confirmation of Schneider Electric’s bonding capacity. Schneider Electric is in the position to consider single projects up to $50 million with an aggregate limit of $400 million. This excellent bonding capacity translates into lower bonding costs for Schneider Electric, which translates into savings for you. The current bonding rate is $3.35/$1000.
Our bonding agent is:
Jessica Iannotta, Bond Specialist, AVP
Marsh USA, Inc.
445 South Street, Suite 210
Morristown, NJ 07960
P: (973) 401-5116
F: (973) 401-5380
[email protected]
Lomita requires a partner that offers financial soundness and stability to protect your investment in your project.
Schneider Electric has the wherewithal to deliver on our promises so that you can follow through on yours. By partnering with Schneider Electric, you will have a dedicated financial expert at your side to answer your questions and explain your options as you seek financing associated with your project.
US Coast Guard,
Puerto Rico
ESPC
U.S Air Force,
Hurlburt Field (HBF)
ESPC
Naval Base Coronado /
San Clemente Island
(NBC/SCI) ESPC
Marine Corps
Air Station (MCAS)
Miramar
$19.2M design-build
project that included
one of the largest and
most advanced
renewable energy
powered military
microgrids
$36M ESPC
that included
240kW of solar
PV and 265kWh
Battery Energy
Storage
$49M ESPC that
included 2.9MW of
solar PV, funded
with the first ESA
within an ESPC for
the federal
government
$114M ESPC with
500kW solar PV
system and a
99.999%
guarantee of
system uptime for
a critical data
center
$21.8M ESPC
including a 2.5MW
solar PV installation,
HVAC and EMCS
upgrades in over 60
buildings
Moody
Air Force Base
(MAFB) ESPC
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 152
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project As a result, you will:
Your energy savings guarantee is a direct obligation and commitment from Schneider Electric, not a “savings assurance” guarantee provided or issued by a third party. We hold our guarantees as a liability on our financial statements and truly bear the financial responsibility of the savings guarantee. This means we are professionally and financially vested in making sure your savings are achieved. If your project does not deliver the savings promised, we make up the difference.
According to Dun & Bradstreet, Schneider Electric has a higherthan-average financial strength, compared to others in our industry sector, and a lower-than-average risk indicator when comparing other businesses of the same financial strength category.
Rest assured, you will not take on the risk of or responsibility for an unfinished project. With Schneider Electric, you will partner with a company that has a long history of growth and financial strength that can support your project needs well into the future.
We have the ability to bond all work that will be developed as part of your project. Our commitment to complete the work for the fixed price promised is bolstered by our performance bond, which guarantees we will fulfill all of our construction obligations.
Likewise, because Schneider Electric acts as your single point of accountability, Lomita will not be exposed to the risk of subcontractor liens resulting from unpaid invoices. We will obtain payment bonds to ensure our subcontractors are paid on time and in compliance with our contract. This protects your bottom line, your fiscal reputation, and your valuable public image.
Proceed with confidence knowing you have all of the
information you need to make informed decisions about
the project and its associated financing.
Attain a package of financing options for consideration that offers competitive terms and optimizes the value of your energy savings.
Reduce your exposure to risk during construction and
throughout the guarantee period.
You will have the support and backing of
a reputable, credit-worthy ESCO partner:
A3
Moody’s
Rating
AS&P Global
Rating
5A1
Dun & Bradstreet
Rating
Fully Insured &
Bonded
A PARTNER WITH
EXCELLENT FINANCIAL
STANDING
1 2
3 WESTERN SURETY
COMPANY represents
Schneider Electric for all their
surety bonding needs.
Currently, we can bond a single
project up to $50 Million with an
overall limit of $400 Million.
Specialty values can also be
considered.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 153
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
PUBLIC SECTOR ENERGY PERFORMANCE CONTRACTS IN THE LAST FIVE YEARS Schneider Electric has built a strong California EPC client base and can provide excellent references and testimonials. Please call our references and be candid in your questioning of their experience with our company.
We are eager to work with you on achieving your goals and we hope to use your positive experience in partnering with us as the cornerstone for a long-term relationship between our organizations.
Project Name City State Project Size
City of Palmdale Palmdale CA $20,700,000
City of El Centro El Centro CA $14,983,747
University of California San Diego San Diego CA $7,800,000 Naval Base Coronado San Diego CA $45,034,918
Marine Corps Air Station Miramar San Diego CA $19,288,354 San Diego Unified School District – Multi-phase San Diego CA $25,252,299 Carlsbad Unified School District – Multi-phase Carlsbad CA $21,000,000 San Marcos USD – Multi-phase San Marcos CA $3,243,576
Vista USD – Multi-phase Vista CA $3,882,668
County of Placer Auburn CA $470,559
Valley Sanitary District Indio CA $69,869,942
City of Simi Valley Simi Valley CA $38,598,999
LA County Sanitation District - Valencia Valencia CA $34,892,541 Mt. Diablo USD Phase 2 Concord CA $24,354,012
Hacienda La Puente USD Phase 4 City of Industry CA $20,746,006 Modesto City Schools Ph2 Microgrid Modesto CA $20,472,549 Huntington Beach USD Ph2 Huntington Beach CA $16,827,918 Kings Canyon Unified School District Reedley CA $16,083,347 Modesto City Schools Modesto CA $13,492,447
Huntington Beach UHSD Ph III Huntington Beach CA $11,965,945 Conejo Valley Thousand Oaks Thousand Oaks CA $8,772,978 Chowchilla Elementary School District Chowchilla CA $7,902,391 Moraga School District Moraga CA $6,994,996
Huntington Beach Union High School Huntington Beach CA $6,876,381 Ojai Unified School District Ojai CA $5,467,329
Santa Ana Unified School District Santa Ana CA $5,465,282 Conejo Valley USD Thousand Oaks CA $4,963,544
Pasadena Unified School District Pasadena CA $4,913,625 Dublin Unified School District Dublin CA $4,600,000
Stockton USD Phase 4 Stockton CA $4,518,524
Capistrano Unified School District Phase 3 San Juan
Capistrano
CA $4,321,505
Silver Valley Unified School District Yermo CA $3,998,746 Golden Valley Unified School District Madera CA $3,827,045 Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 154
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Project Name City State Project Size
Yucaipa-Calimesa JUSD Yucaipa CA $3,723,973
Lemoore Union ESD Lemoore CA $3,692,063
Capistrano Unified School District Phase 2 San Juan
Capistrano
CA $3,635,320
Sierra USD - 4217 Project Prather CA $3,567,234
Norwalk La Mirada USD Norwalk CA $3,450,000
Santa Ana Unified School District – McFadden Santa Ana CA $3,288,057 Berkeley Unified School District - Healthy Buildings Berkeley CA $3,000,000 Charter Oak Unified School District Phase 3 Covina CA $2,951,448 Oakdale Joint Unified School District Oakdale CA $2,898,549 Kings Canyon Unified School District Phase 2 Reedley CA $2,487,134 Conejo Valley USD - StruxureWare Thousand Oaks CA $2,459,548 Santa Paula USD Phase 2 Santa Paula CA $2,326,564
Palos Verdes Peninsula USD Palos Verdes
Estates
CA $2,243,754
Pleasant Ridge Unified School District Grass Valley CA $1,898,746 Hidden Valley Lake Community Services District Hidden Valley Lake CA $1,637,341 City of Gustine Gustine CA $1,554,438
Pasadena Unified School District Phase 3 Pasadena CA $1,259,687 Copper Mountain Community College District Joshua Tree CA $1,185,519 Silver Valley Unified School District Phase 2 Yermo CA $1,124,615 Vista Unified School District Phase 5 Vista CA $1,046,756 Valle Lindo School District South El Monte CA $1,020,747 Golden Valley Unified School District Phase 2 Madera CA $990,711 Alview-Dairyland USD Chowchilla CA $975,873
Dixon Unified School District Dixon CA $867,184
Los Banos USD Los Banos CA $821,490
Pasadena Unified School District Phase 2 Pasadena CA $636,406 Norwalk La Mirada USD Phase 2 Norwalk CA $592,993
Berkeley Unified School District Berkeley CA $552,000
Ojai Unified School District AB841 Program Ojai CA $525,746 Dixon Unified School District Phase 2 Dixon CA $355,946 San Marcos Unified School District Phase 4 San Marcos CA $289,233 Fullerton School District Phase 2 Fullerton CA $269,962 Yucaipa Competitive Edge Charter Academy Yucaipa CA $263,852 Capistrano USD - Community Roots San Juan
Capistrano
CA $250,000
Conejo Valley - Mates Charter School Thousand Oaks CA $249,679 Conejo Valley - Bridges Charter School Thousand Oaks CA $245,070 Pasadena Rosebud Academy Charter School Pasadena CA $230,913 Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 155
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
EXPERIENCE IN MUNICIPALITY INFRASTRUCTURE
The map to the right highlights our vast national
experience in successfully completing over
1,000+ guaranteed savings projects. Project
specifics or contact information for any of these
projects is available upon request.
What this map doesn’t show however are the
individual stories of those 970+ customers and
what led them to selecting Schneider Electric as
their long-term energy partner. Whether it’s the
City of Chicago selecting us to audit over 3
Million square feet of buildings or Los Angeles
County in need of $35M of design-build
wastewater improvements – the big names in
local government continue to choose Schneider
Electric.
Here’s a few highlights that demonstrate the complex solutions we’ve developed for several other prominent cities:
Evidence of our commitment to long-term
partnerships, value, and performance includes
$1 Billion in repeat business from customers
who trust us to deliver time and again.
REPEAT BUSINESS CUSTOMERS
$1B
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 156
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Experience in Similar Facility Types
With such a broad range of experience in cities and counties all over the country, our team has ample experience in facility types similar to those in Lomita. We have performed ESPC projects in municipal facilities such as:
• City Halls (City of Palmdale)
• Solar Carports (Ojai USD)
• Aquatic centers (Berkeley High School Natatorium)
• Office buildings (Takeda Pharmaceuticals)
• Sports fields and Parks (City of Sierra Vista)
• Battery storage (Marine Corp Air Station Miramar)
• Water wells (Virginia National Guard)
• Wastewater treatment plants (LA County Sanitation)
• Fire stations (Dallas County)
• Libraries (Collier Library, Univ of Alabama)
• Museums (City of Dallas Museum)
• Police stations (City of Smyrna)
• EV Charging (Stockton USD)
• Recreation buildings (University of Maryland)
• Airports (Valley International Airport)
City of Lomita is an innovative city with high aspirations. As you’re looking for experts to guide you through your journey, you need an ESCO that is equally matched and able to develop a solution that is worthy of the Lomita name.
PROJECT MANAGER ASSIGNED TO THE CITY OF LOMITA
Arash Nadershahi will be your assigned Project
Manager and works in our Costa Mesa Office. Arash
will schedule regular communications to prepare
your stakeholders for what to expect during each
phase of construction.
Hi, I’m Arash Nadershahi and as your
project manager I’ll be managing all
aspects of construction. My office is
located within minutes of the City of
Lomita offices which I know is an
important factor in your decision on who
to partner with.
Meet the City of Lomita Team
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 157
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
ENGINEER ASSIGNED TO THE CITY OF LOMITA
City of Lomita will have a team of Californialicensed engineers who will provide the best engineering services and solutions to the
City. This team will be led by Ben Johnson
who is certified PE, PMP, CEM and LEED
AP. Ben has led many California projects
including the City of Gustine, the City of El
Centro, and Naval Base Coronado.
Hi, I’m Ben Johnson and I’ll be the
Senior Energy Engineering Manager for
the City of Lomita. I am looking forward
to working with the City to make your
sustainability initiatives a reality.
Meet the City of Lomita Team
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June 4, 2024, Reg. CC Mtg., Page # 158
Internal
Proposed Project Team
2 June 4, 2024, Reg. CC Mtg., Page # 159
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
2. Proposed Project Team
The Best Projects Begin with a Strong Partnership
As a leader within your community, we know that City of Lomita is looking for the best partner and strongest team possible to implement your HVAC system upgrade project. Here at
Schneider Electric, we’ve assembled a team of experts that are not only the best in their field; we also love what we do.
We believe our great people make us a great company. Based on employee feedback, we are proud to share that in 2023, Schneider Electric was certified as a Great Place to Work® for the 5 th year in a row. Additionally, 86% of our in-house engineers have advanced degrees or specialized certification. This means you will partner with a passionate, productive team with a commitment to excellence. We listen to you, and your project is in good hands. The core team responsible for leading this project includes the following essential roles:
Program Manager
Rachel Torgerson
Project Development
Manager
Robert Davidson
Construction Project
Manager
Arash Nadershahi
Serves as your point of
contact throughout the entire
project.
Collaborates with your team
to define the scope, and oversees
development, design and engineering
Provides regular
communications to project
stakeholders and oversees
schedule and budget
Energy
Engineer
Jose Carrasco
Mechanical Engineer
David Hodson
Electrical Engineer
Kathy Olais
Performs preliminary and detailed
energy engineering studies of
complex projects of unlimited
scope and size
responsible for overseeing the MEP
(Mechanical, Electric, Plumbing)
design for projects in the West
Region
Responsible for leading electrical
design in various project types, with a
strong background in education and
commercial buildings
“The best projects begin
with a strong partnership,
and Schneider Electric
listened to us every step of
the way”
Dr. Pablo Arenaz, President
Texas A&M International
University
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June 4, 2024, Reg. CC Mtg., Page # 160
Internal
Qualifications & Experience
3 June 4, 2024, Reg. CC Mtg., Page # 161
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
3. Qualifications & Experience of Proposal Project
Team
A unique characteristic of Schneider Electric is our in-house design, engineering, project management, data analysis, modeling, and even implementation services. This eliminates layers of mark-up that our industry often outsources for various aspects of project delivery. The proposed project team for Lomita is shown below, including personnel responsible for each phase, lines of authority, and organizational relationship.
Our West Team has a history of providing successful projects and assessments to our clients. Your dedicated project team outlined below above has experience in collaborating with clients and developing unique solutions to the most difficult of energy problems. With nearly 150 years of combined engineering business development, and support services experience, we will ensure accuracy and efficiency across the entire project.
RESUMES
On the following pages you will find the professional resumes of the Core Team Members performing services for the City, if selected. The resumes outline their educational background, experience on similar projects, qualifications, certifications, and specific roles for the City.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 162
RACHEL
TORGERSON
PROGRAM MANAGER
PROFESSIONAL PROFILE
Rachel will be your single point of contact for the development, design, and implementation of this project. She will collaborate with your stakeholders to determine your facility needs, deferred maintenance issues, sustainability goals, and/or other improvements that could be addressed as part of this project. The Account Executive will lead the Schneider Electric project team through each phase of the ESPC process to create consistency and continuity between each project phase. Rachel will also provide leadership of customer meetings and correspondence, working with all stakeholders at an executive level.
PROFESSIONAL PROFILE
Rachel has partnered with California Public Sector for close to a decade. Driven to provide solutions and eliminate obstacles that enable clients to focus on projects that meet the varying objectives and requirements of their City or School Districts.
Rachel has the proven ability to develop and maintain strong client relationships, navigate through complex buying cycles, and a consistent record of executing intricate solutions that create lasting results for her clients. She always finds the balance of clients’ financial vs. organizational needs, as well as managing priorities of multiple stakeholders, to arrive at the best overall outcome.
Current responsibilities and focuses include:
• Responsible for developing and strategically expanding the California energy savings performance contracting (ESPC) efforts for Schneider Electric • Coordinate resources to guide public entities through large scale capital improvement projects to achieve desired energy, facility and financial goals • Passionate about working with underserved and low-income clients to provide financial solutions through locating and supporting clients to apply and secure funding (local, state, federal) to help achieve majority funded projects
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
City of Palmdale Phases 1-2 $14,663,872
Kings Canyon USD PH 1-2 $18,642,678
Los Banos USD 1-3 $5,377,992
Sierra USD PH 1-2 $5,457,234
Ojai USD PH 1 Solar and EV $7,217,588
Ojai USD PH 2 $3,362,000
EDUCATION
2015 B.A. Journalism and
Advertising,
University of Oregon
AREAS OF EXPERTISE
• Client Liaison and Advocate
• Identifying and maximizing
funding, grants, and rebates for
local government clients
• Sustainability leadership
• Expanding economic impact and
revenue generation through
existing CIP needs
• Design Build and Performance
Contracting
• Marketing and Public Relations
efforts
YRS OF EXPERIENCE
3 Years with Schneider Electric
8 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 163
JORDAN
LERNER
VICE PRESIDENT, WEST
PROFESSIONAL PROFILE
Jordan is responsible for overall management leadership to our sales and account management teams of the West Region, which includes dozens of projects throughout the Western United States. Although Jordan has extensive experience as a team lead and on specific projects while at his time at Schneider Electric, his current management role is not limited to any one particular project.
CERTIFICATIONS AND TRAINING
• Engineer in Training (EIT)
• Center for Creative Leadership Management
• Schneider Electric PM1 Global Management Program
• Americas Management Development Program (AMDP)
• Multiple Training Courses in electrical, sales, coaching and situational leadership
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Valley Sanitary District, CA $69,869,942
City of Sierra Vista Phase 2, AZ $23,931,203
Modesto City Schools, CA $13,492,447
LA County Sanitation District, CA $34,892,541
City of Show Low, AZ $712,575
City of Simi Valley, CA $38,598,999
City of Sierra Vista, AZ $13,997,941
City of St. Joseph, MO $4,978,836
City of Lincoln Libraries and Streetlights, NE $14,380,558 City of Overland Park Convention Center, NE $1,853,496
City of La Porte, IN $9,748,045
City of Monroe, WI $1,394,670
City of Gustine, CA $1,554,438
City of El Centro, CA $14,983,747
City of Holland, MI $3,701,439
City of Chicago, IL $3,565,221
City of Riverbank, CA $3,944,270
Ojai USD, CA (multiple phases) $5,993,075
EDUCATION
1991 B.S., University of Kansas
AREAS OF EXPERTISE
• Team leadership
• Energy improvement,
management and efficiency
• Project and resource
coordination
• Project site safety
• Long-term vision and planning
YRS OF EXPERIENCE
29 Years with Schneider Electric
31 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 164
ROBERT DAVIDSON,
PE, CEM, CMVP
PROJECT DEVELOPMENT MANAGER
PROFESSIONAL PROFILE
Robert is responsible for overseeing the project development process. He works closely with customer stakeholders to define project objectives and develop scope that aligns with the customer’s vision and mission. Robert has a working knowledge of the technical and organizational environments in which the project scopes of work will be implemented. He is an excellent collaborator with all the functions associated with the development of complex projects, and he is a strategic thinker who can adapt to changing needs and requirements in order to maximize value to our customers.
CERTIFICATIONS AND TRAINING
• Professional Engineer (PE)
• Certified Energy Manager (CEM)
• Certified Measurement and Verification Professional (CMVP) • OSHA 30-hour Certificate
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Dallas County Phase 2 $17,705,154
City of Sierra Vista Phase 1 and 2, AZ $39,929,144
City of Lincoln Streetlights, NE $12,204,095
Fort Huachuca, AZ $23,841,970
Dallas County Phase 2C $15,431,464
City of Raymondville, TX $1,665,035
City of Longwood, FL $2,978,999
City of Maryville, MO $2,995,173
City of Holland, MI $3,701,439
City of Chicago, IL $3,565,221
City of Houston Phase 3, TX $8,234,709
City of Riverbank, CA $3,944,270
City of Clute, TX $5,641,234
City of Kirksville, MO $4,747,688
City of Denison, TX $3,576,058
Dallas County Phase 4B $4,362,650
City of Arlington, TX $3,079,231
City of Abilene, TX $9,064,417
Naval Base Coronado $45,034,918
EDUCATION
2005 B.S., Texas A&M University,
Magna Cum Laude
AREAS OF EXPERTISE
• Energy Conservation Measure
Savings Analysis
• Performance Analysis
• International Support for Global
Analysis
• Project Risk Assessment
• Measurement and Verification
Plan Creation
• Performance Reporting
• Behavioral Management
Programs
• Energy Performance Consulting
• Leadership, Management and
Training
YRS OF EXPERIENCE
17 Years with Schneider Electric
19 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 165
BEN
JOHNSON, PE, PMP, CEM, LEED AP
ENERGY ENGINEERING MANAGER
PROFESSIONAL PROFILE
Ben oversees the energy engineering team in the West region. It is his responsibility to staff individual projects with the appropriate design engineering resources. He encourages and empowers each energy team member to be their best, become their best, and do their best so that we can provide the best engineering services and solutions to our customers.
Ben provides additional responsibilities with energy oversight on our national water/wastewater project team.
CERTIFICATIONS, TRAINING, AND PUBLICATIONS
• Professional Engineer (PE)
• Project Management Professional (PMP)
• Certified Energy Manager (CEM)
• LEED Accredited Professional (LEED AP)
• Contributing Author – Sustainable Communities Design Handbook, Published in 2010
• Co-wrote Chapter 6 – How Energy Conservation Fits in an Existing Facilities Master Plan: A Case Study
• Contributing Author – Wwdmag.com Published in 2015 – Municipal Wastewater Utility Improvements Reduce Annual Energy Expense by 65% - Case Study
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
City of Sierra Vista Phase 2, AZ $25,931,203
City of El Centro, CA $14,983,747
City of Gustine, CA $1,554,438
Pasadena USD Phases 1-3, CA $7,142,409
Santa Ana USD, CA $5,465,282
City of Lakeland, FL $11,222,992
Capistrano USD Phases 1-3, CA $7,061,838
Victor Elementary SD Phases 1 and 2, CA $3,641,430
Stockton USD Phases 1-4, CA $10,349,439
Naval Base Coronado, CA $45,034,918
EDUCATION
2005 B.S.E. Mechanical
Engineering, Arizona State
University
2017 M.S.E. Engineering
Management, California State
University Long Beach
AREAS OF EXPERTISE
• Management of preliminary and
detailed project development
audits
• Energy conservation measure
(ECM) identification /
development
• Project leadership
• Water/Wastewater ECM
development
YRS OF EXPERIENCE
17 Years with Schneider Electric
17 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 166
JOSE
CARRASCO, PE
ENERGY ENGINEER
PROFESSIONAL PROFILE
Jose is responsible for leading tasks associated with performing preliminary and detailed energy engineering studies of complex projects of unlimited scope and size. He manages, trains, develops, counsels, and sets individual goals for direct reports and coordinates and prioritizes workload to ensure project deadlines and budgets are met. Jose assists with reviews of baseline energy models, energy savings estimates, and utility cost savings estimates for basic and intermediate level projects to ensure plausibility and identify any financial risk. He performs energy-use baseline analysis, including utility rate simulations, generates baseline energy models and perform energy savings calculations, directs the methodologies of performing energy savings calculations and identify any risk associated with the projections, defines project scope and perform high-level project cost estimates, and prepare technical audit reports. Jose also assists in sales presentations.
CERTIFICATIONS AND TRAINING
• Professional Engineer (PE)
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Modesto City Schools, CA $13,492,447
Parker Unified School District, CA $3,172,829
Golden Valley Unified School District Phase 2, CA $990,711 UNT Health Science Center Phase 3, TX $10,000,000
Holyoke School District, CO $1,329,545
Golden Valley Unified School District, CA $3,827,045
Lemoore Union ESD $3,692,063
Carlsbad Unified School District HH Phase 1, CA $6,231,592 Berkeley Unified School District, CA $552,000
Travis County, TX $27,147,357
Hacienda La Puente USD Phase 4, CA $20,746,006
Charter Oak Unified School District Phase 3, CA $2,951,448 Carlsbad Unified School District Phase 4, CA $700,300
Vista Unified School District Phase 5, CA $1,046,756
Stockton Unified School District Phase 4, CA $4,518,524 Yucaipa-Calimesa Joint Unified School District, CA $3,723,973 Yucaipa Competitive Edge Charter Academy, CA $263,852
Yucaipa Inland Leaders Charter School, CA $263,711
Vista Unified School District Phase 4, CA $1,045,763
Carlsbad Unified School District Phase 3, CA $570,322
Stockton Unified School District Phase 3, CA $1,549,768 Laguna Beach Unified School District, CA $6,409,518
Charter Oak Unified School District, CA $1,394,106
EDUCATION
2015 B.S., Boise State University
2023 M.A., Washington State
University
AREAS OF EXPERTISE
• Management of performance
contracting projects in the
Western United States
• Identifying potential project
scope, site auditing and
discovery, and collaboration of
both traditional and creative
energy conservation measures
• An expert in development of
Proposition 39 projects and
battery storage analysis
• Leads analysis of utility baseline
and energy savings development
YRS OF EXPERIENCE
7 Years with Schneider Electric
8 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 167
DAVID
HODSON, PE
MECHANICAL ENGINEER
PROFESSIONAL PROFILE
David is responsible for overseeing the MEP (Mechanical, Electric, Plumbing) design for projects in the West Region. He works closely with the project development team and customer stakeholders to achieve project objectives and develop scope that aligns with the customer’s needs. David’s primary design focus is to deliver a system that is not only energy efficient, but easy to build, operate, and maintain. He is highly involved in the HVAC&R industry, previously serving as an ASHRAE chapter officer and committee chair, and currently as a voting member for the ASHRAE Standard 154 Project Committee.
CERTIFICATIONS AND TRAINING
• Professional Engineer (PE)
• CAL/OSHA 10-Hour
• Confined Space Entry
• ASHRAE Building Electrical Power Components course
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Thompson School District, CO In development
Cochise College, AZ In development
Placer Hills USD, CA $2,193,093
City of Palmdale, CA $8,491,602
Silver Valley USD Ph. 2, CA $1,124,615
EDUCATION
2013 B.S. Mechanical Engineering
w/ HVAC&R Concentration,
California Polytechnic State
University, San Luis Obispo
AREAS OF EXPERTISE
• MEP system design and
construction
• Indoor environmental quality
• Energy conservation measure
(ECM) identification /
development
• Technical coordination
• Design-build project delivery
• Project leadership
YRS OF EXPERIENCE
1 Years with Schneider Electric
9 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 168
KATHY
OLAIS
ELECTRICAL ENGINEER
PROFESSIONAL PROFILE
Kathy is responsible for leading electrical design in various project types, with a strong background in education and commercial buildings. Kathy has technical knowledge in building electrical systems, including lighting, lighting controls, and fire alarm design. Design approach is always with Owner needs in mind, and ease of maintenance for facilities. She is very adaptable given her experience in new construction and tenant improvement projects. She is a great collaborator and wellrounded in interdisciplinary coordination in building projects.
CERTIFICATIONS AND TRAINING
• ETAP training course
• NFPA 72 training course
• NFPA 70 training course
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Mt. San Antonio Community College - PE Complex, 2022 $97,000,000 LACCD Pierce College - Child Development Center, 2022 $11,000,000 Orange Coast College - Chemistry Building, 2022 $55,000,000 Mira Costa College- Administration Building TI, 2022 $20,000,000 Solana Ranch Elementary School TI, 2022 $10,000,000
Mt. San Jacinto College Temecula Campus, 2021 $42,000,000 UCSB Santa Barbara - Tennis Complex, 2021 $5,230,000
Canyon Country Community Center, 2021 $55,000,000
Gavilan College – Fire Alarm Upgrades, 2020 $3,000,000
Rancho Los Cerritos Historic Site, 2020 $1,200,000
CSU Monterrey Bay - Student Center, 2020 $55,000,000
Food & Drug Administration - Alameda, 2019 $50,000,000
Sacramento State - Science Complex, 2019 $75,000,000
CSU Long Beach - Peterson Hall II, 2019 $44,000,000
El Camino College - Natatorium, 2019 $37,100,000
Golden West College - Math & Science, 2019 $57,000,000
Pier 70 Historic Building – Uber TI, 2019 $5,000,000
EDUCATION
2015 B.S. Electrical Engineering,
California State Polytechnic
University, Pomona
AREAS OF EXPERTISE
• Electrical system design
• Fire Alarm system design
• Interior and exterior lighting
design
• Site assessment reports, basis of
design reports, criteria
documents.
• Experience in commercial and
higher education buildings
YRS OF EXPERIENCE
2 Years with Schneider Electric
8 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 169
ARASH
NADERSHAHI, PE
PROJECT MANAGER
PROFESSIONAL PROFILE
Arash works closely with the Account Executive and Project Development team to create the Project Management Plan. S/he is then responsible for executing that plan to achieve the defined project objectives and meet scope, schedule, resource and budget commitments. He communicates at all levels within the project environment and is able to adapt to dynamic and diverse situations. Arash schedules and conducts all project construction meetings, participates in the subcontractor bid solicitation process, and oversees monthly project billings, forecasting, bonds, and insurance requirements. Arash’s goal is to maintain a high level of customer satisfaction through the successful coordination of all construction activities and timely resolution of any issues that arise.
CERTIFICATIONS AND TRAINING
• Executive Management Program, UCLA (accelerated MBA program) • Project Management Institute (PMI)
• American Association of Cost Estimators (AACE)
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
City of Palmdale Phases 1-2, CA $14,663,872
Berkeley USD, CA (multiple phases) $16,952,000
Ojai USD Phase 1-2, CA $5,887,739
Cit of Simi Valley, CA $38,598,999
Victor Elementary School District Phase 2, CA $2,347,979 Fullerton School District, CA $4,693,670
Vista USD Phase 1, CA $1,025,330
Hacienda La Puente USD, CA (multiple phases) $14,000,000 Columbia Basin College, WA $4,275,480
Oregon Department of Corrections, OR $1,850,000
EDUCATION
B.A.California State University,
Northridge
A.A. Pierce College
AREAS OF EXPERTISE
• Performance Contracting project
management
• Coordination of engineering
design, contractors, quality
control and documentation
• Project scheduling
• Timely completion of project
scope
• Main customer point of contact
YRS OF EXPERIENCE
16 Years with Schneider Electric
30 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 170
FRED
MCCANDLESS, CEM, CMVP, CDSM
SITE SUPERINTENDENT
PROFESSIONAL PROFILE
Fred is responsible for the scheduling, monitoring and controlling of the work of site personnel, equipment and subcontractors to achieve the objectives of the project within the scope of work assigned. He works closely with the Construction Project Manager to execute the project plan and achieve maximum performance in an efficient manner. Fred is responsible for ensuring the highest quality of craftsmanship of installed scope of work while maintaining the project schedule, and ensuring safe working practices in accordance with the Schneider Electric safety policy. He also continually identifies and proactively manages scope risks and issues, ensuring execution of corrective action plans up to closure.
CERTIFICATIONS AND TRAINING
• Certified Energy Manager (CEM)
• Certified Measurement and Verification Professional (CMVP) • Certified Demand Side Manager (CDSM)
• Association of Energy Engineers (AEE) – Member
• Building Commissioning Association (BCxA) – Member
• Fall Protection, Competent Person Certification
• OSHA 30-hour Certification
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Stockton Unified School District, Phases 1-4 $10,350,000 Berkely Unified School District, CA, Phases 1-3 $16,209,779 Dublin Unified School District, CA, Phases 1-2 $4,880,520 Dixon Unified School District, CA $867,184
Hacienda la Puente Unified School District $13,451,000
USDA Western Regional Research Center $13,700,000
City of Covington Aquatics Center, WA $678,987
Columbia Basin College, WA, Phases 1-4 $9,285,125
Ephrata School District, WA $1,593,701
Eatonville School District, WA $1,404.989
Odessa Hospital, WA $1,074,411
Walla Walla Community College, WA $1,184,040
Oregon Department of Corrections $1,573,967
Pendleton School District, OR $1,040,952
Chicago Public Schools $17,589,884
State University of New York at Delhi $4,111,000
EDUCATION
1980 B.A. Seattle University (Cum
Laude)
AREAS OF EXPERTISE
• Program Management
• Safety Management
• Project Management
• Customer Service
• Energy Performance
• Mechanical, Electrical, and Controls
• Commissioning and Troubleshooting
• Savings Verification
• Learning and Development
• Teaching
YRS OF EXPERIENCE
21 Years with Schneider Electric
43 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 171
BRIAN
TOCE
CONSTRUCTION MANAGER
PROFESSIONAL PROFILE
Brian is responsible for overseeing construction activities, including mobilization, project resourcing, invoicing, scheduling, subcontractor selection, etc. across Colorado and the West Region. He provides expert leadership as it pertains to all construction activities to ensure transitions between development, construction, and the guarantee period happen efficiently and in time with a project’s individual timeline.
CERTIFICATIONS AND TRAINING
• Future Potential Leaders Program, Schneider Electric
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Travis County, TX $27,147,357
City of Dallas Electrical Upgrades, TX $2,147,152
Columbia Basin College, WA $9,285,125
Merkel ISD, TX $2,718,587
Dallas County – All Phases, TX $83,000,000
Chambers County Schools, AL $7,406,099
Coffee County Schools, AL $2,997,975
Texas Womans University, TX $19,356,139
EDUCATION
2002 B.S. Marketing, Texas A&M
University
AREAS OF EXPERTISE
• Construction Programming and
Resourcing
• Construction Forecasting
• Project leadership
• Project site safety
YRS OF EXPERIENCE
22 Years with Schneider Electric
22 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 172
PROFESSIONAL PROFILE
Dave leads the Client Services Team with the goal of ensuring a positive experience for our clients during the guarantee period of our projects. He assists with the execution of daily operations by overseeing staff execution, generating project plans, and reviewing and approving estimates and proposals. Dave will also assist in evaluating the performance of your systems for improvement opportunities on an ongoing basis, as well as provide ongoing training to our clients as needed.
CERTIFICATIONS AND TRAINING
• Certified Energy Manager (CEM)
• Certified Measurement and Verification Professional (CMVP) • LEED Accredited Professional (LEED AP)
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Spartanburg County School District 7, SC $22,364,708
Biloxi Public School District Phase 5b, MS $2,383,229
Dekalb County Board of Education Phase 4, AL $11,119,424 Madison County Schools Phase 4, AL $18,995,369
Clarksdale Municipal School District, MS $6,618,767
Moss Point School District, MS $11,978,439
Cullman County Schools, AL $14,767,449
Richland School District One, Phase 2 Solar, SC $23,849,344 Gulf Shores City Board of Education, AL $10,091,016
Richland School District One, SC $37,826,492
Lauderdale County Schools, MS $21,538,655
Florence Lauderdale Public Library, MS $1,555,260
Bibb County School District, AL $2,583,179
Macon-Bibb County, GA $23,477,463
University of West Alabama, AL $6,282,909
Yazoo County Schools, MS $4,207,972
Chambers County Schools, AL $7,406,099
Citrus County Government, FL $2,986,292
City of Foley, AL $3,134,754
EDUCATION
2022 M.B.A., Auburn University
2009 B.S.B.A., Auburn University
AREAS OF EXPERTISE
• Management of preliminary and
detailed project development
audits
• Energy conservation measure
(ECM) identification /
development
• Project leadership
• Project site safety
• Report presentation
YRS OF EXPERIENCE
9 Years with Schneider Electric
13 Years total
DAVE
HORTON, CEM, CMVP, LEED AP
CLIENT SERVICES MANAGER
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 173
KAYLA
CORNELIUS
NATIONAL MEASUREMENT AND VERIFICATION LEAD
PROFESSIONAL PROFILE
Kayla is responsible for developing project-specific Measurement & Verification (M&V) plans during the development phase of a project and supporting clients during the Performance Period phase through those M&V activities as well as remote system monitoring. Kayla reviews utility data, BAS trend data, and site information to ensure that the project and the client meet their energy savings goals.
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
University of North Texas Health Science Center $21,833,000 Hacienda La Puente CISD, CA $20,746,006
Geological Survey of Alabama $3,096,000
Elmore County Commission, AL $4,090,712
Capistrano Unified School District, CA $4,321,505
City of Monroe, WI $1,394,670
Silver Valley Unified School District, CA $3,998,746
Robins Air Force Base $30,202,000
Dekalb County Board of Education $26,985,000
University of Illinois, IL $31,500,000
Moody Air Force Base $11,309,000
Yokota Air Base $166,878,000
Golden Valley Unified School District $4,818,000
EDUCATION
2000 B.S. Mathematics, Baylor
University
AREAS OF EXPERTISE
• Measurement and Verification
plan development
• Utility rate analysis
• Remote system analysis
• Sustainability reporting
• Energy performance reporting
• Utility baseline development
YRS OF EXPERIENCE
23 Years with Schneider Electric
23 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 174
IVY
CARSTEN
REGIONAL CLIENT COORDINATOR
PROFESSIONAL PROFILE
Ivy’s focus is to foster and maintain our client relationships in the West Region. She serves as a liaison during and after installation to ensure sustained focus on client needs and goals as identified during the project development period. She also coordinates and facilitates client events that promote their infrastructure projects or educate stakeholders. It is Ivy’s goal to continue providing exceptional customer service and advance overall client satisfaction long after install is complete.
CERTIFICATIONS AND ASSOCIATIONS
• Certificate in Innovation, Purdue University
• Arizona City / County Management
• League of Arizona Cities and Towns
• International City / County Management Association
• Arizona Association of School Business Officials
• Arizona School Administrators
• Arizona School Boards Association
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Ojai Unified School District, CA $5,993,075
Monte Vista School District, CA $1,394,560
Huntington Beach Union High School District, CA $6,876,381 Parker Unified School District, CA $3,172,829
Lewis Palmer School District, CO $9,137,212
Valle Lindo School District, CA $1,020,747
Berkeley Unified School District, CA $3,000,000
Moraga School District, CA $6,994,996
Holyoke School District, CO $1,329,545
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
Project Name, Year $5,000,000
EDUCATION
2017 B.S., Purdue University
AREAS OF EXPERTISE
• Marketing, public awareness and
branding
• Client satisfaction and support
• Project leadership
• Industry event organization
• Student & Community
engagement events
YRS OF EXPERIENCE
5 Years with Schneider Electric
6 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 175
REBECCA
RUCKER
MARKETING SPECIALIST
PROFESSIONAL PROFILE
Rebecca works closely with our clients to devise marketing plans that engage stakeholders, generate excitement within the community, and promote project success. The marketing plans are customized for each client and could include public relations outreach to local and national media, community and media events to celebrate key project milestones, special events like Earth Day, Arbor Day, and community fairs, grant or rebate check presentations, and social media campaigns and communication templates.
ADDITIONAL RESPONSIBILITIES
• Help customers tell their energy efficiency and sustainability stories through integrated PR, communications, signage, digital content, social media, and project branding
• Develop and raise brand awareness of energy savings performance contracting to drive increased preference
• Execute marketing automation from lead nurturing to lead management and sales qualification to close, and effectively manage and measure lead generation with new and existing customers
• Develop core value proposition, sales enablement assets including social media, integrated PR and marketing materials through the customer lens with heavy emphasis on imagery and digital content
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Modesto City Schools, CA $13,492,447
Copper Mountain CCD, CA $1,185,519
Lewis-Palmer SD, CO $9,137,212
Hacienda La Puente USD – All Phases, CA $31,297,827
Stockton USD – All Phases, CA 12,185,616
Vista USD – All Phases, CA 3,882,668
Silver Valley USD, CA $3,998,746
EDUCATION
2005 B.S. Business Administration,
Baylor University
AREAS OF EXPERTISE
• Development of brand
awareness
• Execute marketing automation
• Manage and measure lead
generation
• Develop core value proposition
including social media,
integration materials
YRS OF EXPERIENCE
8 Years with Schneider Electric
19 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 176
KIMBERLY
ALBERTSON
FINANCE DIRECTOR
PROFESSIONAL PROFILE
Kim’s goal is to help our clients obtain the best financing for their projects. Kim assists our clients in bidding out the financing, reviewing the results, explaining terms and conditions, and coordinating with the appropriate parties throughout the funding process and through closing. Kim has more than 30 years of relevant experience and has supported funding efforts for hundreds of successful projects across the country, ranging from less than $1 million to more than $40 million, using a variety of debt instruments and funding sources.
CERTIFICATIONS AND TRAINING
• Paralegal Certificate from Hillsdale College
PROJECT HIGHLIGHTS
PROJECT NAME VALUE
Valley Sanitary District, CA $69,869,942
City of Simi Valley, CA $38,598,999
Naval Base Coronado, CA $45,034,918
City of Chicago, IL $3,565,221
City of Alamo, TX $4,470,121
City of Sierra Vista, AZ $13,997,941
Hurlburt Field, FL $22,610,576
Coahoma County, MS $2,286,994
GSA Caribbean PV Rebuild, St. Croix $5,589,525
Richland School District One, SC $37,826,492
Robins Air Force Base-Group 2, GA $17,923,579
Norton County, KS $2,113,229
City of Fort Scott, KS $1,534,077
Yokota Air Base, Japan $166,877,455
Richland School District One, Phase 2, SC $23,849,344
Travis County, TX $27,147,357
City of St. Joseph, MO $4,978,836
City of Natchez, MS $1,538,186
Fort Huachuca, AZ $23,841,970
City of Longwood, FL $2,978,999
Fort Bend County, TX $5,936,031
City of Shelbina, MO $1,355,407
EDUCATION
1982 B.A., Hillsdale College
AREAS OF EXPERTISE
• Oversight and support for dealspecific financing
• Developing and maintaining
lender and financing
relationships
• Developing strategies for
providing the best financial
options to our clients
YRS OF EXPERIENCE
9 Years with Schneider Electric
33 Years total
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 177
Internal
Base Bid Proposed Scope
4 June 4, 2024, Reg. CC Mtg., Page # 178
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
4. Base Bid Proposed Scope
Our team understands the dire need to modernize and upgrade the HVAC system serving the Lomita City Hall.
The existing mechanical equipment is at the end of its useful life, and the pneumatic controls that operate that equipment are not capable of achieving the energy efficiency, indoor air quality, and occupant comfort goals of a modern municipal facility.
To stay within the project budget constraints and limit the impact on the tenants during construction, we intend to re-use as much of the existing ducts and air distribution as possible. The existing ducts to remain shall be tested for air leakage and sealed to minimize energy losses. A full re-balance of the building will ensure that all the occupied spaces achieve the appropriate amount of heating and cooling.
A new central air handling unit (AHU) will replace the existing original unit to provide heating and cooling throughout the building. Supply and return fans will be variable speed to minimize noise and reduce energy consumption by upwards of 50%. High-capacity filters will improve indoor air quality (IAQ), reduce fan energy consumption, and require less frequent replacement than typical 2” deep pleated filters. During design, we will investigate the feasibility of increasing the outside air and relief air openings to allow for 100% airside economizer operation and demand control ventilation, resulting in additional energy savings.
To reduce on-site greenhouse gas emissions and improve operational efficiency, we intend to provide all-electric heating and cooling for Lomita City Hall. By replacing the existing cooling-only direct expansion (DX) condensing unit with a heat recovery variable refrigerant flow (VRF) condenser, we can utilize the existing electrical and structural infrastructure to provide a single piece of equipment that provides both heating and cooling, without the need for gas-fired furnaces or boilers. In addition, the variable capacity and modular configuration of these systems will provide significant energy savings and thermal comfort compared to the existing units.
A properly installed and commissioned controls system is critical to the success of any HVAC modernization project. Unlike pneumatics, direct digital controls (DDC) allow for real time operator inputs and system feedback, helping to respond to comfort issues, monitor equipment, and implement self-correcting sequences of operation typically resulting in an energy reduction of 15%-30%. As part of this project, we will include DDC controls for all new equipment, as well as at the existing zone thermostats and mixing boxes.
EcoStruxure by Schneider Electric creates an opportunity for the City to enable more efficient operations and create a building of the future through the fully integrated hardware and software installed.
The system is a complete ecosystem of smart devices, software, apps, and services that help future-proof your building management and automation investment by taking on today’s challenges while securing your technology investment for future needs:
• Open: Go beyond HVAC by integrating with other applications and third-party systems and create limitless custom solutions.
• Future-ready: Leverage internet protocols to simplify technology expansions with plug-and-play connectivity with IoT products and apps for technicians and occupants. • Insightful: Use out-of-the-box dashboards and reports and customize dashboards for staff and occupants to deliver insights down to the room level.
• Connected: Mobile access and a portal to cloud-based analytics and advisory services can help build performance to the next level.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 179
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project We have included below a proposed preliminary timeline for this project. As you can see, our goal is to complete design and move into a construction agreement before the end of the calendar year.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 180
Internal
Alternate Strategies for Base Bid
5 June 4, 2024, Reg. CC Mtg., Page # 181
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
5. Alternate Strategies for Base Bid
To stay within the budget constraints, above we included the most cost-effective solution for the base bid.
However, below are additional strategies that would further enhance the comfort control and energy efficiency of the HVAC system.
• Geothermal heat pumps in place of an air-cooled condenser By leveraging the stable temperature of the earth, a geothermal heat pump can be up to 45% more energy efficient for heating and up to 30% more efficient for cooling. The exact efficiency gains can vary based on factors such as climate, soil conditions, and system design. As they are not affected by external air temperatures, geothermal heat pumps offer consistent heating and cooling performance year-round. These systems often have longer lifespans and lower maintenance requirements, providing a reliable long-term solution for building conditioning. o Geothermal heat pumps are eligible for tax credits under the Investment Tax Credit. The base credit is 6%, with eligibility for “bonus credits” of up to 30% per the Department of Energy. • Demand Control Ventilation (DCV)
o By adjusting the ventilation rate based on the actual occupancy and the level of indoor air pollutants, rather than using a constant, unvarying ventilation rate, the DCV can offer greater energy savings compared to a traditional variable air volume (VAV) system, especially in spaces with varying occupancy levels. DCV reduces the amount of energy used to heat, cool, and distribute outside air. DCV helps maintain high indoor air quality, creating a healthier and more comfortable indoor environment for occupants.
• Heat Recovery Ventilator (HRV)
o Implementing an HRV allows for the transfer of heat between the incoming and outgoing air streams, reducing the load on heating and cooling systems. HRV preheats the incoming cold fresh air with the warmth of the outgoing stale air, while in summer, it pre-cools and dehumidifies the incoming air. This process helps maintain a comfortable indoor environment while minimizing energy loss.
Each of these options would enhance the heat recovery variable refrigerant flow system proposed in the base bid.
However, due to the budget constraints of the project, we recommend these options only be pursued if additional grant funding or incentive dollars can be brought into the project through their implementation.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 182
Internal
Add Alternates Proposed
6 June 4, 2024, Reg. CC Mtg., Page # 183
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
6. Add Alternates Proposed
The City of Lomita has an opportunity to install carport solar over the existing City Hall parking lot. A carport system would help in utilizing the available space efficiently by turning parking areas into power generation sites.
The installation of an integrated battery storage system to create a microgrid would contribute to reaching the goals of the Safety Element of 2019-2029 the General Plan. This renewable powered system can enhance energy resilience during emergencies, providing a reliable source of electricity for critical facilities and services.
This system can help reduce the reliance on traditional power sources, thereby strengthening the overall energy security of the city. Based on our initial analysis, a carport system over the existing parking lot would be sized for 220kW.
Secondly, a carport system provides shade for parked vehicles, reducing the heat inside cars and extending their lifespan. This system would contribute to the reduction of greenhouse gas emissions and lower energy costs for the municipality.
Finally, the city would be eligible for a variety of funding sources to offset the cost of the solar carport system. • Inflation Reduction Act (IRA): 30% of the total solar cost returned as a direct pay Investment Tax Credit (ITC).
• Self-Generation Incentive Program (SGIP): Eligible for $850 per kilowatt-hour under the Equity Category • Environmental Protection Agency’s Community Change Grant Program – Between $1-3M or $10-$20M for qualified projects
• California Energy Commission’s Energy Conservation Assistance Act (ECAA) – 1% loan to public entities for energy efficiency and energy generation projects, energy storage systems, and electric vehicle charging infrastructure.
A carport solar installation with battery storage aligns with the City’s safety, resiliency, and sustainability efforts and would bring multiple benefits to the community.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 184
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Value Added Alternates
Capturing Available Rebates, Incentives, and Grants
Accessing federal relief packages and the thousands of incentive and grant programs available nationwide is not always simple. Schneider Electric’s team of funding experts can help you tap into these grants, rebates, and incentives to stretch your dollars further, reduce the cost of your project, and bridge the funding gap you may be facing. Our in-house Energy Incentives Team actively monitors over 52,000 rebate and incentive programs across North America. We can assist you by researching and identifying the right funding opportunities to maximize the capital available for your project, including:
• Utility rebates and incentives
• State and federal grants
• Stimulus funds such as the Elementary and Secondary School Emergency Relief Fund (ESSER) and the Governor's Emergency Education Relief Fund (GEER)
Our experienced team can also guide you through the grant application process to ensure you secure the maximum amount of incentives available. Over the past 15 years, we have helped our clients secure more than $599M in rebates, incentives, and grants to fund their infrastructure improvement projects.
Stockton Unified
School District, CA City of El Centro, CA US Coast Guard, Puerto Rico $1.5M grant
for electric vehicle charging
$600,000 rebates
for battery storage
$12M+ of energy
improvements
funded by grants and
rebates
We helped Stockton USD
secure funding for advanced
and innovative energy
solutions to help pay for the
District’s multi-year Energy
Expenditure Plan
$1.6M grant
covered half the cost of new
turbo blowers for the City
44% reduction
in energy usage which saved
$80,000 annually
The City of El Centro utilized
funding from grants and
guaranteed savings to tackle
backlogged capital projects
which helped reduce utility
costs and the City’s carbon
footprint.
$6.5M grant
for renewable energy
3 Megawatts
Solar PV production
Renewable Energy
Services Agreement
(PPA)
within an ESPC
By leveraging Federal funding
and third-party ownership, our
team helped the US Coast
Guard increase energy
security and add resiliency to
their existing electrical grid
GRANT AND REBATE SERVICES
Schneider Electric has an
established Grants and
Rebates team which provides
federal and state funding
reporting, consulting, and
project management services.
ANDREW HENSHAW will serve as your dedicated grant
specialist. He is an industry leader in identifying, securing, and managing the grant funding and application process.
Since beginning collaboration with Schneider Electric in 2022, he has helped secure over $63M for capital needs.
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June 4, 2024, Reg. CC Mtg., Page # 185
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Service Model
State and Federal grant applications have evolved. Instead of requiring a single writer with little oversight, today a grant program requires several steps including discovery and evaluation, the application writing process, and post-submission documentation to ensure an award is secured. Schneider Electric offers a comprehensive program that maximizes your ability to secure funding for your projects. We work with our clients from kick-off through the post-submission period to ensure your grants for project funding will get the attention and support they deserve.
After years of experience, we understand key barriers you face:
• Awareness: You may know your facility needs, but you
may not be aware of all the funding available.
• Time and Resources: You may be aware of the grant
funding that could further your project, but you may not have the time or resources to apply.
• Competition: Or, you may even have someone willing to tackle your grant response, but you might not have the latest information to create a competitive application.
Schneider Electric is here to help. We have cultivated knowledge around grant funding cycles, project management, and program management over the last two decades, and have honed a comprehensive method that helps our clients develop a long-term funding strategy.
OUR TEAM WILL PROVIDE: TO HELP YOU ACHIEVE:
Reporting and Program Management To ensure your grant applications are submitted on time and follow all stated government guidelines
Project Management and Grant Submission
Support
To make sure you have the most competitive grant/rebate proposal possible
Post-Award Guidance and Assistance To ensure you receive the funding you’ve been awarded in a timely manner
Many federal grants allow for only a short time period of 45-60 days to learn the submission criteria and turn around an application. Some applications can even take an estimated 400 hours (fifty 8-hour days) to complete.
City of Lomita can save countless hours of time and develop your applications prior to federal funding guidance being released by utilizing our proprietary materials and methodology. These materials are comprised of a series of guides, templates and spreadsheets that directly mimic what the applicant will see in application portals, allowing the applicant to have a head start on gathering content and creating your narrative.
Qualifications:
• 20+ years’ experience specializing in grant management and writing, program development and relationship management with underserved communities in the USA. • A track record of achieving success rates an average of 30-40% higher than the national average. • Approximately 30-40% of applications in a grant program will be rejected prior to scoring because they omit certain details, documentation or inadequately explain a problem or solution. With a keen eye to detail, that 30-40% rejection rate is reduced to 0%.
In the past year,
we secured for
clients:
$43.2M in clean
school bus grants
$13.8M in schoolbased mental health
$8M in School
Violence Prevention
Program (SVPP)
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 186
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project • 1,000+ School Districts have utilized these services.
Marketing and Public Relations: Get Your Message Out
Generate excitement and foster trust in your strategic direction with a marketing and communications plan that is tailored to your goals and audience. Schneider Electric’s public relations and marketing experts can help you do more with less by becoming an extension of your team. We take the complex task of generating positive publicity and community engagement off your shoulders by putting our resources to work for you:
COMMUNITY AWARENESS
Our marketing team will work with you to identify and
reach key audiences in both the digital and physical
worlds. We will then devise a multi-faceted plan to
engage your stakeholders, generate excitement for
your efforts, and promote your success. Your marketing
plan will be customized for your organization and could include:
• Public relations outreach to local and national
media
• Community and media events to celebrate key
project milestones
• Special events like Earth Day, Arbor Day, and
community fairs
• Grant or rebate check presentations
• Social media campaigns and communication
templates
BRANDING AND POSITIONING
Branding ensures your message is consistent and your position is clear. Schneider Electric will help you create dynamic messaging and visuals to instill confidence in your stakeholders and get your message across. • Custom signage to inform and educate your community about your project’s benefits • A clear and concise visual identity to boost visibility and provide a consistent image for awareness • Targeted branding to influence critical stakeholders in advance of bond votes, board meetings, Environmental Protection Agency reviews, and more
Engage: We identify groups or stakeholders who may want to get involved to make the most of your energy initiatives.
Promote: We work with you to develop high-impact messages for local, statewide, and even national audiences.
Influence: We determine the best distribution channels to share your story to reach the biggest network. 1 2
3 Monument, CO – Schneider Electric has helped
clients across country, like Lewis-Palmer SD 38 in
Colorado, put on community outreach events to
promote engagement and sustainability.
A PARTNER OF SUSTAINABILITY
FOR YOUR COMMUNITY
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June 4, 2024, Reg. CC Mtg., Page # 187
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
NATIONAL RECOGNITION
You are a leader in energy conservation and environmental responsibility. Schneider Electric can help you showcase the breadth of your commitment to energy conservation and fiscal stewardship through:
• Promotional videos that celebrate your position and success with sustainability initiatives • Fresh website content or a new website to showcase improvements • Case studies and white papers that bring your initiative to the national stage To see videos, case studies, and white papers from our previous customers, visit hub.resourceadvisor.com/performance-contracting. Your marketing and communications plan will be tailored for you. Tell us what you need, and we will craft a plan that is aimed at your audience and your success.
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June 4, 2024, Reg. CC Mtg., Page # 188
Internal
Measurement & Verification Plan
7 June 4, 2024, Reg. CC Mtg., Page # 189
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
7. Measurement and Verification Plan
Measurement and Verficiation Method
Like most ESCOs, Schneider Electric follows the guidelines established by the International Performance Measurement and Verification Protocol (IPMVP). The IPMVP offers a framework and four M&V options for measuring, computing, and reporting savings.
We have 60 energy professionals who are dedicated to measuring energy performance and troubleshooting issues as they arise. We have demonstrated experience with all IPMVP options. This expertise will ensure your savings are accurately measured and transparently verified, no matter the scope of your project.
Measurement and Verification Services
In addition to HVAC upgrades at City Hall, our team can guarantee the performance of your facilities. As part of our post implementation services, City of Lomita will have the full support of our Client Services program, which provides ongoing performance assurance and support services through the contract term. You will receive:
• A dedicated Client Services representative. Your Client Services consultant will provide technical assistance during business hours and with most after-hours needs, with additional consultant support 24 hours a day, 7 days a week through a toll-free Client Services Hotline. • Secure remote monitoring. Your utility data can be monitored remotely in real time to ensure savings accuracy
• Resource Advisor. You will have access to Resource Advisor, our secure, cloud-based software platform for tracking and managing energy, water, and other resource usage.
• Training and preventive maintenance. Your facilities team will have the support they need to ensure that your equipment is properly operated and kept in top condition.
TRAINING
Through our customized training approach, Lomita will also learn how to provide optimum comfort conditions at the lowest possible cost. Our goal is to provide the highest quality training solutions to help optimize your productivity, process, and investments by maximizing staff performance. We customize your training plan to the exclusive needs of both your project and your staff. Lomita can expect a comprehensive training program that is designed to equip your staff with the skills to independently maintain your systems while also bolstering buy-in to your overall infrastructure program.
INITIAL TRAINING ONGOING TRAINING
• Performed by Construction personnel
• Towards the end of construction
• Staff assessment and needs discovery
• O&M Plan provided
• Customized topic development
• EEM-by-EEM operation startup
• Performed by Client Services Personnel during
on-going guarantee phase
• Annually customized based off of Lomita’s
personnel needs
• Annually renewable
• Customized topic development
Training and
Preventive
Maintenance
Client
Services
On-site
Services Resource
Advisor
Secure
Remote
Monitoring
Access to
Technical Rep &
24-7 Hotline
Client Services Deliverables Schneider
Electric’s unparalleled support services are
designed to optimize your system
performance and energy use.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 190
Internal
EvalulationEconomic Performance
8 June 4, 2024, Reg. CC Mtg., Page # 191
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
8. Economic Performance Evaluation (Pricing)
Based Bid
Base Bid Alternate Strategies (if any )
Add Alternates
Per the addendum, pricing is not required for this response.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 192
Internal
References
9 June 4, 2024, Reg. CC Mtg., Page # 193
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
9. References
Schneider Electric has vast national experience in successfully completing more than 1000 design-build type projects. Project specifics or contact information for any of these projects is available upon request. Each of these 1000+ customers have individual stories and what led them to selecting Schneider Electric as their partner.
As you’re looking for energy experts to guide you through your HVAC efficiency journey, you need a partner that is equally matched and able to develop a solution that meets the needs of your City.
A company’s references may be the most indicative gauge of that company’s performance. Schneider Electric relies heavily on references as our marketing platform to gain new business. Our business approach is built around achieving 100% customer satisfaction from project design, through implementation and project completion. This is so important to us that we perform third party customer satisfaction surveys with several points of contact within each of our references on an annual basis. If we receive a score less than perfect, we work with the client to build our score back up.
Included below are the last 10 largest California public construction projects that have been completed within the past 5 years by our team and share common goals of City of Lomita. We encourage you to call any of our references to discuss their project experience with Schneider Electric.
California Public Construction Projects Project Dates
LA County Sanitation District – Valencia 2020 to current Mt. Diablo Unified School District * 2022-2023 to current Modesto City Schools * 2021-2023 to current
Huntington Beach Union High School District * 2022-2023 to current Kings Canyon Unified School District * 2021 to current
City of El Centro 2020 to current
Berkeley Unified School District 2023 to current
City of Palmdale * 2021 to current
Moraga School District 2020 to current
Ojai Unified School District * 2022 to current
* Customers with multiple phases
““Thanks to our
partnership, we’re saving
more than $800K a year.
And that’s money we can
reinvest in our
classrooms.”
Mark Hansberger, Director of Facilities
Hacienda La Puente Unified School
District, California
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 194
LA COUNTY
SANITATION
VALENCIA, CA
CONTACT INFORMATION
Joseph Chang, Supervising Engineer
Water Reclamation Plants
28185 The Old Road
Valencia, CA 91355
Phone: 562-237-0442
Email: [email protected]
PROJECT DESCRIPTION
LA County Sanitation is a huge organization and serves 5.6M people in Los Angeles County. Due to an increasing backlog of projects, LACSD chose the ESCO delivery model as an expedited path to construction. Schneider Electric identified several energy conservation measures (ECMs) that not only resulted in energy savings, but also addressed needed improvements at the plant to replace equipment that was nearing the end of its useful life and improved reliability. Another aspect of this project was maximizing the treatment capacity of the plant within its existing footprint.
LACSD chose Schneider Electric as their first ESCO partner which was a huge departure from performing most projects with in-house resources.
SCOPE OF WORK
• Real Time Control (RTC) system
• Diffuser replacement and basin reconfiguration
• Blower replacement and construction of a new blower
building
• Electrical switchgear replacement
• Upgrade tertiary filter DCS
• Tertiary filter backwash recovery piping replacement
• LED lighting upgrade
PROJECT COST
$34,892,541
ANNUAL PROJECT SAVINGS
$1,068,789
23% savings in the aeration process
648 tons of CO2 annual GHG reduction
ROLE OF RESPONDER &
METHOD OF M&V
Energy Services Company
PROJECT TERM & DATES
25 Year Term
Project Beginning and End Dates
2020-2045
Construction Dates
2020-2023
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 195
MOUNT
DIABLO USD
CONCORD, CA
CONTACT INFORMATION
Melanie Koslow, Director of
Facilities, Maintenance and Ops
1936 Carlotta Drive
Concord, CA 94519
(925) 682-8000 ext. 3815
[email protected]
PROJECT DESCRIPTION
Mount Diablo Unified School District (MSUSD) approached us with a wide variety of facility and operational needs. The first need dealt with immediate air quality and HVAC support (Phase 1). Following the initial one building HVAC project, Mount Diablo Unified School District found themselves in a position where they wanted to make sweeping changes districtwide. With that, they were looking for a turnkey energy services provider that could manage a multitude of school sites and energy efficiency measures. For years, MSUSD had wanted to standardize their systems and equipment district-wide but had run into challenges in doing so.
During our collaborative IGA, we unpacked the district team’s system desires (lighting standard, easily attainable, long warranties, etc.).
Phase 1, standardized LED retrofits districtwide, including smart controls (multi-scene dimmer kits for classrooms), ceiling tile replacement, and an energy management support resource to help the district reduce energy consumption behaviorally/operationally. The lighting design included interaction and feedback from school staff and students through demos. Phase 2 includes HVAC replacements, BAS upgrades and standardization districtwide (tying in the LEDs from Phase 1). And phase 3 focuses on design and install of new HVAC.
Students worked collaboratively with our marketing team on designing the above logo. Presentations were held with town hall and bond committee.
PROJECT COST; ANNUAL SAVINGS
Phase 1-3: $50,387,770; Phase 4: TBD
District Size: 53 Buildings
Project SF: 4,300,000
Student Size: 29,545
Annual Lifecycle Savings:
Phase 2: $37,100,000
Phase 3 and 4: TBD
SCOPE OF WORK
• Mechanical Commissioning (P1)
• Installation of New BAS (P1)
• CO2 Monitoring (P1)
• Upgrading Interior and Exterior Lighting to
LED at all 53 Schools (P2)
• Dimming Lighting Controls (multi-scene)
(P2)
• Ceiling Title Replacement (P2)
• Energy Management Resource Program
(P2)
• Expedited Mechanical Replacements (P3)
• Upgrade and Standardize District Controls
District-wide (P3)
• New HVAC Systems Design and
Installation (P4)
FUNDING SOURCES
• Measure J Bond Funds
• ESSER II & III Stimulus Dollars
• Utility LED Rebates
• 179D EPACT Tax Discount
PROJECT TERM & DATES
2022-2023
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 196
MODESTO
CITY SCHOOLS
MODESTO, CA
CONTACT INFORMATION
Contact Information:
Gilbert Rosas, Associate Superintendent
1300 Woodland Avenue
Modesto, CA 95351-2631
Phone: 209-207-2012
Email: [email protected]
PROJECT DESCRIPTION
Modesto City Schools committed to finding innovative strategies to reduce environmental pollution while conserving energy and improving their overall learning environment. After receiving a grant from California’s Hybrid and Zero-Emission Truck & Bus
Voucher Incentive Program (HVIP) to purchase 30 electric school busses, they needed a partner to implement the necessary infrastructure.
Modesto selected Schneider Electric to install the EV fleet infrastructure, provide 800 kWp worth of solar canopies, and implement six Sustainable Outdoor Learning Environments to help forward the district’s STEAM curriculum.
The overall Phase I project will save 1,898,642 kWh in energy consumption and remove 402 tons of carbon emissions. The impact is equivalent to removing 86 cars from the road or planting 16,080 trees.
The bus fleet alone will save $250,000+ in fuel costs and overall maintenance. Each bus can run up to 120 miles on a single charge. “Our students will be among the first in the nation to be transported to school using clean energy vehicles, where they’ll learn in a technologically advanced outdoor learning environment powered by the sun. We’re thrilled to see our vision of a sustainable future come to fruition for the longevity and health of our community.” Tim Zearley, Associate Superintendent
Modesto City Schools was so pleased with Schneider Electric’s performance, they chose to partner with them on two additional phases of work. Phase 1 and 2 included more solar PV carports and an expansion of their EV charging.
PROJECT COST
Phase 1: $13,492,447
Phase 2: $20,472,549
Phase 3: $16,675,167
ANNUAL PROJECT SAVINGS
$1,200,000
SCOPE OF WORK
• Solar carports
• Solar canopies
• Advanced EV Charging
Infrastructure
FUNDING SOURCES
District Funds
Grants
PROJECT DATES
Construction Dates
Phase 1: 2022-2023
Phase 2: 2023-2024
Phase 3: 2024-2025
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 197
HUNTINGTON
BEACH UHSD
HUNTINGTON BEACH, CA
CONTACT INFORMATION
Mr. Mark Hansberger, Director,
Maintenance, Operations & Transportation
5832 Bolsa Ave
Huntington Beach, CA 92649
Phone: 714-536-7521 Ext. 40410
Email: [email protected]
PROJECT DESCRIPTION
The Huntington Beach Union High School District has found it challenging to maintain the amount of mechanical and automation systems they have spread throughout their campuses. The salty ocean air coupled with more intense heat in recent years puts a lot of strain on these critical systems, causing more maintenance issues and a greater need to replace the equipment on a more regular basis. In addition to this, the District has had a slew of problems managing their disparate building automation systems, one of which essentially stopped working entirely, causing a major headache for school and operations staff.
When the District got their ESSER allocation, they knew they wanted to spend this one-time money on upgrades to their mechanical and controls systems to improve indoor air quality, reduce comfort complaints in the classroom and help take a big bite out of their deferred maintenance backlog. The District, like many others, saw this funding as a windfall to help solve some of their biggest facility issues.
HBUHSD released a RFQ and ultimately selected Schneider Electric as their partner to tackle this work. Schneider Electric immediately conducted site visits and built out a phased plan to get these mechanical and controls systems replace or, in some cases, refurbished. Schneider Electric is helping the district replace all kinds of antiquated and problematic HVAC systems including air handlers, chillers, boilers, rooftop units, wall pack units, and multi-zone units. The District will also benefit from new, consistent controls to help them better automate these new mechanical systems.
In addition to implementing all of this new equipment over the next couple of years, Schneider Electric’s team is also helping HBUHSD apply for grants and incentives on their behalf and assisting the District in communicating out the work they are doing to the parents, teachers and staff.
PROJECT COST
Phase I: $7,187,538
Phase II: $16,827,918
Phase III: $11,965,945
ANNUAL PROJECT SAVINGS
Phase I: $253,729
Phase II: $653,712
Phase III: $328,289
SCOPE OF WORK
• Replacing and refurbishing
antiquated mechanical systems
o Wall pack units
o Roof top units
o Air handlers
o Cooling Towers
o Chillers
o Boilers
• Installing new building
automation system
FUNDING SOURCES
ESSER Funds
District Funds
CalShape Ventilation Grant
CONSTRUCTION DATES
Phase I: 2022-2023
Phase II: 2023-2024
Phase III: 2023-2024
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 198
KINGS
CANYON USD
REEDLEY, CA
CONTACT INFORMATION
Joe Arruda
Director of Facilities
1801 10th Street
Reedley, CA 93654
(559) 351-7561
[email protected]
PROJECT DESCRIPTION
Kings Canyon Unified School District awarded Schneider Electric their Healthy Buildings Project through Government Code 4217 to develop and implement a self-funding, budget neutral project, utilizing energy savings and capturing grants and rebates. The District chose to include all sites in the audit and planning.
Through a series of impactful planning meetings, KCUSD provided Schneider Electric input to prioritize HVAC, lighting upgrades and Automation controls throughout the District.
A significant focus point to the District was designing a budget neutral project. With District wide lighting, KCUSD ended up with a budget positive project projected to save the District over $19MM in lifecycle savings and revenue generation. Additional Schneider Electric was able to secure $2.1MM in additional funds from grants.
Schneider is working alongside the District to secure additional funds and implement additional projects in phases as the funding becomes available.
PROJECT COST
Phase 1: $16,083,347
Phase 2: $2,487,124
PROJECT SAVINGS
Phase 1: $19.1MM in lifecycle savings
and revenue generation
Phase 2: $3.7M in lifecycle savings
SCOPE OF WORK
• District wide Exterior lighting
• District wide interior lighting
• HVAC replacements
• District wide automation
system
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
20 Year Term
Project Beginning and End Dates
2022-2042
Construction Dates
Phase 1: 2021-2023
Phase 2: In construction; estimated
completion 2024
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 199
CITY OF EL
CENTRO
EL CENTRO, CA
CONTACT INFORMATION
Marcela Piedra
(Former) City Manager
[email protected]
(707) 588-2243
PROJECT DESCRIPTION
The City of El Centro had a vision to address many needed capital improvement projects (CIP) at the wastewater plant which had been identified but not built for several years. This was the City’s first ESCO/design-build project delivery. Schneider Electric’s ability to address many diverse plant and collection system needs, coupled with the speed in developing work, enabled the City to move into construction sooner than anticipated.
Throughout development and design, the wastewater operations team had input into design criteria for ease of maintenance, equipment preference, and potential subcontractors. The wastewater plant operators could also relate to Schneider Electric's team, some of whom are former plant operators, which meant they understood the maintenance, operations, and process impacts of project decisions.
To help reduce the burden from the wastewater enterprise fund, Schneider Electric applied for and is anticipating the announcement of a $1.6 Million grant from the EPA which the City was eligible to receive due to the energy savings associated with the blower replacement project.
The benefits of this project include the ability to:
• Achieve long-term cost savings through reduced energy and operational use
• Leverage funding stream generated by savings coupled with grants and Wastewater Bond funding to complete needed CIP projects • Communicate project wins with the community, region, and state via press releases and social media
outlets
• Maximize El Centro’s existing plant assets and ensure reliability of the collection system
PROJECT COST
$16,381,583
ANNUAL PROJECT SAVINGS
$45,599
SCOPE OF WORK
• Bar screen and wet well
replacements
• Blower replacements
• Dissolved Oxygen Control
implementation
• Generator replacements and
conversion to natural gas
• SCADA installation
• Sewer Line Rehabilitation
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
15 Year Term
Project Beginning and End Dates
2020 - 2035
Construction Dates
July 2017 – December 2020
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 200
BERKELEY
USD
BERKELEY, CA
CONTACT INFORMATION
John Calise
Executive Director of Facilities
707 Russell Street
Berkeley, CA 94703
(707) 624-5003
PROJECT DESCRIPTION
Berkeley USD and Schneider Electric began their partnership during Proposition 39. During a competitive RFQ/P Schneider Electric was selected to implement services for mechanical projects. The following was addressed at Berkeley HS Natatorium:
1. Replaced pool heater
2. Installed unique pool heater flue
3. Replaced pool pump
4. Installed VFD on pool pump
5. Configured backwash controller and pump/VFD to existing system
6. Provided training on operation and maintenance of equipment Berkeley HS Natatorium has a history of poor air quality and water chemicals not being managed correctly. To address these problems, Schneider Electric is currently installing a Zero Net Energy Natatorium project to permanently resolve potential health and safety issues that can arise from not managing chlorine and chloramines properly. In addition to this project objective, Berkeley USD also wanted to offset the electrical load through the implementation of renewables and battery storage to qualify the building for ZNE. Lastly, through the partnership with Schneider Electric, the project team was able to obtain a local rebate incentive from PG&E related to the Battery Energy Storage system as well as align the Inflation Reduction Act Federal program funding to offset costs relative to the rooftop and canopy solar PV.
In the wake of COVID-19, Berkeley USD looked to Schneider Electric to recommend and implement measures necessary to reopen schools.
Measures include Needlepoint Bipolar Ionization, HVAC unit supply fan cleaning, MERV 13 filter install, and Indoor Air Quality (IAQ) sensors.
Sensors were installed in classrooms to monitor temperature, humidity, carbon dioxide, and volatile organic compound readings. An IAQ Command Center was placed in Facility Operations to provide visibility into sensor readings for monitoring and a high-level overview of each site’s current operations.
PROJECT COST
$552,000 – Natatorium / Prop 39
$3,000,000 – Indoor Air Quality / AB 841
$13.4M - ZNE Natatorium Project
ANNUAL PROJECT SAVINGS
Phase I: $30,583
Phase III: $126,869
SCOPE OF WORK
• HVAC Replacements
• Paddock Bench Exhaust
Systems
• Rooftop / Canopy Solar
Systems
• Battery Energy Storage System
• Sustainable Outdoor Learning
Environment (SOLE)
• Indoor Air Quality Measures
• Zero Net Energy Certification by
New Building Institute
ROLE OF RESPONDER
Energy Services Company
M&V Option B (Phase 3 Only)
PROJECT TERM & DATES
10 years
Project Beginning and End Dates
Phase I: 2019 - 2020
Phase II: 2021 - 2022
Phase III: 2023 - 2033
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 201
CITY OF
PALMDALE
PALMDALE, CA
CONTACT INFORMATION
Ben Lucha
Environmental Resources Manager
38300 Sierra Highway
Palmdale, CA 93550
Phone: 661-267-5308
Email: [email protected]
PROJECT DESCRIPTION
The City of Palmdale has embarked on a transformative journey with Schneider Electric to revitalize its aging infrastructure and enhance community facilities. This collaboration brought together various city departments, including Public Works, Maintenance, Energy/Utility, Finance, Parks and Recreation, and the City Manager's Office, to address critical needs and align with the city's strategic objectives.
Faced with 15+ year old mechanical units and a Building Automation System reliant on obsolete parts, Palmdale was at a crossroads. Key facilities like the Cultural Center, Developmental Services, the Library, and Oasis Rec Center were at risk of closure due to potential HVAC and control system failures. Moreover, the city's automated irrigation control platform required an urgent upgrade to continue efficient water management.
This comprehensive project promises significant benefits for Palmdale's residents, including enhanced safety and security through exterior LED lighting and improved indoor air quality from new HVAC systems. The community will also see a reduction in water usage from advanced irrigation measures, and the
elimination of on-site chlorine storage, bolstering health and safety measures.
This project is not just an upgrade; it's a leap forward for the City of Palmdale, ensuring its facilities are sustainable, efficient, and ready to serve the community for years to come.
PROJECT COST
Phase 1: $8.49M
Phase 2: $6.17M
ANNUAL PROJECT SAVINGS
Phase 1: $548,000
Phase 2: $165,000
SCOPE OF WORK
Phase 1
• LED lighting (interior & exterior)
• HVAC upgrades
• Irrigation upgrades & controls
Phase 2
• LED lighting (interior & exterior)
• Sports LED lighting retrofits
• HVAC TAB Report
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
20 Year Term
Project Beginning and End Dates
Phase 1: 2022 - 2042
Phase 2: 2023 - 2043
Construction Beginning and End Dates
Phase 1: October 2023 – 2024
Phase 2: February 2024 – July 2024
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 202
MORAGA
SCHOOL
DISTRICT
MORAGA, CA
CONTACT INFORMATION
Daniela Parasidis
Chief Business Official
Moraga School District
1540 School St
Moraga, CA 94556
Phone: (925) 377-4108
Email: [email protected]
PROJECT DESCRIPTION
Schneider Electric helped the District complete a major unfunded initiative (District-Wide HVAC replacement) by leveraging savings from other energy/water efficiency measures. These other measures included solar PV at three schools, exterior LED lighting retrofits, smart irrigation, interior plumbing upgrades and DistrictWide telecom upgrades.
Additionally, Schneider Electric leveraged the “Enable” message to integrate Student Engagement and Marketing services into the program. The District/Board required the project to be approved in the most conservative financial setting. Through collaboration and coordination with the District, Schneider Electric was able to deliver a self-funding solution with net savings, in that scenario.
PROJECT COST
$6,994,996
ANNUAL PROJECT SAVINGS
$171,882
SCOPE OF WORK
• Solar PV at 3 sites
• District-Wide HVAC upgrades
• Exterior LED lighting
upgrades
• Smart Irrigation
• Indoor Plumbing upgrades
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
20 Year Term
Project Beginning and End Dates
2021 – 2041
Construction Dates
Dec 2020 – Dec 2021
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 203
OJAI UNIFIED
SCHOOL
DISTRICT
OJAI, CA
CONTACT INFORMATION
Alan White – Bond Manager
414 East Ojai Ave
Ojai, CA 93023
Phone: 805-701-4231
PROJECT DESCRIPTION
Schneider Electric has partnered with Ojai Unified School District to transform the entire district through multiple environmental measures. After conducting a thorough analysis of the district’s energy and utility usage, environmental conditions, and key goals, Schneider Electric developed a comprehensive suite of value engineering solutions that will not only improve building health, safety, comfort, and efficiency but also positively impact the students and local community.
Nearly every facility in the district was part of this project, including Nordhoff High School, Chaparral High School, Matilija Middle School, Mira Monte Elementary, Meiners Oak Elementary, Topa Topa Elementary, San Antonio Elementary, and Summit
Elementary. For Nordhoff High School, energy consumption data revealed an increase from 548,000 kWh in the 2018/2019 school year to 601,000 kWh in 2019, with a slight decrease in 2020 due to COVID-19. With the addition of an aquatic center, new sports field lighting, and a sports complex, Schneider Electric conducted a preliminary energy study to optimize PV array sizing for anticipated load growth.
The entire district-wide project is expected to save over 500 tons of CO2-equivalent per year and accumulate over $8,500,000 in total financial savings. This initiative exemplifies Schneider Electric's commitment to helping educational institutions achieve their sustainability goals while enhancing their facilities for the betterment of the community.
PROJECT COST
Phase 1: $2,348,181
Phase 2 (Microgrid): $3,539,558
LIFECYCLE PROJECT SAVINGS
$8,560,213
SCOPE OF WORK
• Solar carports & canopies
• EV charging infrastructure
• LED lighting (exterior)
• ADA compliance upgrades
• Battery Energy Storage System
• Microgrid
ROLE OF RESPONDER
Energy Services Company
FUNDING SOURCES
AB 841
PROJECT TERM & DATES
20 Year Term
Construction Dates
Phase 1:
May 2023 – December 2023
Phase 2:
2024-2025
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 204
Internal
Exceptions to RFP/Contract
10 June 4, 2024, Reg. CC Mtg., Page # 205
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
10. Exceptions to RFP/Contract
We would appreciate the opportunity to negotiate terms of the contact associated with this project. Please see the following pages.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 206
ATTACHMENT – C
PROFESSIONAL SAMPLE AGREEMENT (PSA)
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 207
CONTRACT FOR PROFESSIONAL SERVICES AND
CONSTRUCTION BETWEEN
THE CITY OF LOMITA AND
This AGREEMENT for Project is entered into this day of , 202_, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for .
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $ for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.
CITY shall pay CONTRACTOR all uncontested amounts set forth in the Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 208
CONTRACTOR'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is . CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on , unless earlier termination occurs under Section 13 of this Agreement, or extended in writing in advance by both parties.
8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 209
applicable training to implement the requirements in Municipal NPDES Permit No.
CAS004004 and shall provide documentation to that effect.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause
13. PREVAILING WAGE.
A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore comply with such Labor Code sections to the fullest extent required by law.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 210
employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 211
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.
CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement with 30 days notice if without cause and at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR for CITY shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
15. INDEMNIFICATION.
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, which approval will not be unreasonably withheld, and hold harmless CITY, its officers, officials, employees and volunteers from and against all third party liability including for, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 212
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
C. NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY,
ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY FORM OF INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PRODUCTION,
LOSS OF PRODUCT, LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF DATA DAMAGES, WHETHER SUCH DAMAGES
ARISE IN CONTRACT OR TORT AND IRRESPECTIVE OF FAULT, NEGLIGENCE OR STRICT LIABILITY OR WHETHER SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
D. NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, THE MAXIMUM LIABILITY OF CONTRACTOR FOR DAMAGES UNDER THE AGREEMENT SHALL NOT EXCEED THE CONTRACT AMOUNT. THE PRECEDING SENTENCE SHALL NOT APPLY TO ANY CLAIM FOR BODILY INJURY, OR TO ANY OTHER CLAIM TO THE EXTENT OF SUBCONTRACTOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
18. AUDIT OF RECORDS.
A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 213
B. records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
C. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
20. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY from the CONTRACTOR at least thirty
(30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 214
4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renewmaintain the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to General liability and Automobile Liability Insurance, but only with respect to liability caused, in whole or in part, by operations of arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations on behalf of CITY, where required by written contract.”
2. This General Liability and Automobile Liability Insurance policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This General Liability and Automobile Liability insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents on General Liability, Automobile Liability and Workers’ Compensation Insurance.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 215
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY from the CONTRACTOR.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely toit involves CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 216
21. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance
23.22. by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
24.23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
25.24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
26.25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
ATTN:
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Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
27.26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
28.27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.
29.28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
30.29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
31.30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
32.31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
33.32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
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June 4, 2024, Reg. CC Mtg., Page # 218
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
34.33. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
35.34. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
36.35. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner reasonably satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
37.36.DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 219
Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials
Contractor Initials
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials
Contractor Initials
37. Cybersecurity. CONTRACTOR is not responsible for implementing or maintaining a security
program to safeguard and protect CITY’s computer network, systems, machines, and/ or data (collectively, “Systems”), including those Systems on which it runs the Deliverables
provided by CONTRACTOR, against Cyber Threats (“Security Program”). “Cyber Threat” means
any circumstance or event with the potential to adversely impact, compromise, damage, or disrupt Systems or that may result in any unauthorized access, acquisition, loss, misuse,
destruction, disclosure, and/or modification of Systems, including through malware, hacking
or similar attacks. Failure by CITY to maintain an appropriate Security Program Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
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in accordance with industry standards may result in the Deliverables or Systems becoming
vulnerable to certain Cyber Threats or result in impaired functionality, and
CONTRACTOR
shall not be liable or responsible for any losses or damages that may result.
38. Antibribery and Corruption: CITY acknowledges that CONTRACTOR is committed to eliminating all risk of bribery and corruption, influence peddling, money laundering and tax evasion or the facilitation thereof in its business activities. CITY must immediately notify CONTRACTOR of any suspected, or known, breaches of Anti-Corruption Law.
CITY may raise this alert through their point of contact or through the Trust Line:
https://secure.ethicspoint.eu/domain/media/en/gui/104677/index.html.
39. The Products and Services provided by CONTRACTOR under this Agreement contain or may contain components and/or technologies from the United States of America (“US”), the European Union (“EU”) and/or other nations. CITY acknowledges and agrees that the Products, assignment and/or usage of the Products, Software, Services, information, other deliverables and/or the embedded technologies (hereinafter referred to as “Deliverables”) under this Agreement shall fully comply with related applicable US, EU and other national and international export control laws and/or regulations.
Unless applicable export license/s has been obtained from the relevant authority and CONTRACTOR has approved, the Deliverables shall not (i) be exported and/or reexported to any destination and party (may include but not limited to an individual, group and/or legal entity) restricted by the applicable export control laws and/or regulations; or (ii) be used for those purposes and fields restricted by the applicable export control laws and/or regulations. CITY also agrees that the Deliverables will not be used either directly or indirectly in any rocket systems or unmanned air vehicles; nor be used in any nuclear weapons delivery systems; and will not be used in any design, development, production or use for any weapons which may include but not limited to chemical, biological or nuclear weapons.
If any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant government authority or otherwise, or if any such licenses, authorizations or approvals are denied or revoked, or if the applicable export control laws and/or regulations would prohibit CONTRACTOR from fulfilling any order, or would in CONTRACTOR’s judgment otherwise expose CONTRACTOR to a risk of liability under the applicable export control laws and/or regulations if it fulfilled the order, CONTRACTOR shall be excused from all obligations under such order and/or the Agreement
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 221
Internal
RFP Questionnaire
June 4, 2024, Reg. CC Mtg., Page # 222
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project RFP Questionnaire
RFP QUESTIONNAIRE
1. Background Information
a) Provide firm name as it appears on license: Schneider Electric Buildings Americas Inc (SEBA). b) Contact person and title: Rachael Torgerson, Program Manager c) Address: 1660 Scenic Ave, Costa Mesa, CA 92626
d) Phone: 916.848.8088 Fax: N/A Email: [email protected] e) Indicate legal status of the firm (Corporation, Partnership, Sole Proprietor, Etc.): Corporation f) If firm is a Corporation, indicate President and Secretary:
g) If firm is a Partnership, indicate partners: N/A
h) If firm is a Sole Proprietor, indicate owner: N/A
i) Current Proposer’s license numbers and classifications: Active CA Contractors State License #708952 j) How long have you had this license: Issued Date 12/31/2001 (23 years) Have any of the principals of the firm had another Proposer’s license or have they been listed on any other Proposer’s license: If the answer if “Yes”, provide the license numbers and explain the circumstances on attached sheets.
☐ Yes ☒No
2. History of Your Firm
a. How long ago was Proposer’s firm founded under current Proposer’s license number: (Please provide appropriate evidence of date.) (1 point per year up to maximum of 10 pts.) Schneider Electric Buildings Americas, Inc. is a Delaware corporation, incorporated on November 1, 1988. Please see the following pages for the Delaware Certificate of Incorporation. The Certificate lists our previously company names of CSI and TAC.
Schneider Electric Buildings Americas, Inc. (SEBA) is part of the Schneider Electric Group of companies. Schneider Electric SE has been in existence since 1836.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
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City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project b. For the categories of projects listed below identify the number of projects that your firm has completed in last five (5) years. For each project listed, provide a list of project names, contract amounts, completion dates and Owner contact information to substantiate the information provided in this section. NOTE: At least one project must satisfy the requirements listed in Part 1, Question 12. Proposer should note which project satisfies this requirement. Each project may only be used in one category for scoring purposes.
Schneider Electric has completed 272 projects in the past 5 years which is too many to include the information requested from the City of Lomita. Please see the Section 9.
References for the detailed information requested. Of the 272 projects, 22 projects completed have solar. We are including Modesto City Schools as well as Moraga School District which both have solar.
5 Solar PV installation (3pts. Per project up to a maximum of 15 points)
PROJECT NAME CONTRACT
AMOUNT
COMPLETION
DATE OWNER CONTACT INFORMATION
Pleasant Ridge USD $1,898,746 6/4/2020 Gregg S. Motarjeme, Assistant Superintendent
(916) 622-4852
Ojai USD $2,348,181 12/12/2023 Alan White, Bond Manager (805) 701-4231
Carlsbad USD $6,231,592 9/24/2020 Chad L. Conrad, Facilities Manager (858) 353-9211
Copper Mountain CC $1,185,519 10/31/2021 Meredith Plummer, Chief Business Officer (760) 366-3761 ext 5284
Los Banos USD 5,387,992 4/29/2024 Sherry Munday, Facilities & Special Projects Manager
(209) 826-1936
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 248
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
3. Project List and References
Attach sheets showing the last ten (10) largest California public construction projects your firm has completed within the last five (5) years. Information must include the following: Name of Owner, Owner Contact and Phone Number, Project Name and Description, Original Contract Amount and Final Contract Amount. Of the projects listed, the original contract amounts of the projects will be averaged and scored on the following basis:
Average equal to or greater than $7.5 million. (25 pts.) Average equal to or greater than $5 million (20 pts.)
Average equal to or greater than $3 million (10 pts.)
Less than $3 million. (Zero)
Please see the following reference sheets for the 10 largest California projects we have completed within the last five (5) years.
10 n/a
n/a
n/a
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 249
LA COUNTY
SANITATION
VALENCIA, CA
CONTACT INFORMATION
Joseph Chang, Supervising Engineer
Water Reclamation Plants
28185 The Old Road
Valencia, CA 91355
Phone: 562-237-0442
Email: [email protected]
PROJECT DESCRIPTION
LA County Sanitation is a huge organization and serves 5.6M people in Los Angeles County. Due to an increasing backlog of projects, LACSD chose the ESCO delivery model as an expedited path to construction. Schneider Electric identified several energy conservation measures (ECMs) that not only resulted in energy savings, but also addressed needed improvements at the plant to replace equipment that was nearing the end of its useful life and improved reliability. Another aspect of this project was maximizing the treatment capacity of the plant within its existing footprint.
LACSD chose Schneider Electric as their first ESCO partner which was a huge departure from performing most projects with in-house resources.
SCOPE OF WORK
• Real Time Control (RTC) system
• Diffuser replacement and basin reconfiguration
• Blower replacement and construction of a new blower
building
• Electrical switchgear replacement
• Upgrade tertiary filter DCS
• Tertiary filter backwash recovery piping replacement
• LED lighting upgrade
PROJECT COST
$34,892,541
ANNUAL PROJECT SAVINGS
$1,068,789
23% savings in the aeration process
648 tons of CO2 annual GHG reduction
ROLE OF RESPONDER &
METHOD OF M&V
Energy Services Company
PROJECT TERM & DATES
25 Year Term
Project Beginning and End Dates
2020-2045
Construction Dates
2020-2023
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 250
MOUNT
DIABLO USD
CONCORD, CA
CONTACT INFORMATION
Melanie Koslow, Director of
Facilities, Maintenance and Ops
1936 Carlotta Drive
Concord, CA 94519
(925) 682-8000 ext. 3815
[email protected]
PROJECT DESCRIPTION
Mount Diablo Unified School District (MSUSD) approached us with a wide variety of facility and operational needs. The first need dealt with immediate air quality and HVAC support (Phase 1). Following the initial one building HVAC project, Mount Diablo Unified School District found themselves in a position where they wanted to make sweeping changes districtwide. With that, they were looking for a turnkey energy services provider that could manage a multitude of school sites and energy efficiency measures. For years, MSUSD had wanted to standardize their systems and equipment district-wide but had run into challenges in doing so.
During our collaborative IGA, we unpacked the district team’s system desires (lighting standard, easily attainable, long warranties, etc.).
Phase 1, standardized LED retrofits districtwide, including smart controls (multi-scene dimmer kits for classrooms), ceiling tile replacement, and an energy management support resource to help the district reduce energy consumption behaviorally/operationally. The lighting design included interaction and feedback from school staff and students through demos. Phase 2 includes HVAC replacements, BAS upgrades and standardization districtwide (tying in the LEDs from Phase 1). And phase 3 focuses on design and install of new HVAC.
Students worked collaboratively with our marketing team on designing the above logo. Presentations were held with town hall and bond committee.
PROJECT COST; ANNUAL SAVINGS
Phase 1-3: $50,387,770; Phase 4: TBD
District Size: 53 Buildings
Project SF: 4,300,000
Student Size: 29,545
Annual Lifecycle Savings:
Phase 2: $37,100,000
Phase 3 and 4: TBD
SCOPE OF WORK
• Mechanical Commissioning (P1)
• Installation of New BAS (P1)
• CO2 Monitoring (P1)
• Upgrading Interior and Exterior Lighting to
LED at all 53 Schools (P2)
• Dimming Lighting Controls (multi-scene)
(P2)
• Ceiling Title Replacement (P2)
• Energy Management Resource Program
(P2)
• Expedited Mechanical Replacements (P3)
• Upgrade and Standardize District Controls
District-wide (P3)
• New HVAC Systems Design and
Installation (P4)
FUNDING SOURCES
• Measure J Bond Funds
• ESSER II & III Stimulus Dollars
• Utility LED Rebates
• 179D EPACT Tax Discount
PROJECT TERM & DATES
2022-2023
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 251
MODESTO
CITY SCHOOLS
MODESTO, CA
CONTACT INFORMATION
Contact Information:
Gilbert Rosas, Associate Superintendent
1300 Woodland Avenue
Modesto, CA 95351-2631
Phone: 209-207-2012
Email: [email protected]
PROJECT DESCRIPTION
Modesto City Schools committed to finding innovative strategies to reduce environmental pollution while conserving energy and improving their overall learning environment. After receiving a grant from California’s Hybrid and Zero-Emission Truck & Bus
Voucher Incentive Program (HVIP) to purchase 30 electric school busses, they needed a partner to implement the necessary infrastructure.
Modesto selected Schneider Electric to install the EV fleet infrastructure, provide 800 kWp worth of solar canopies, and implement six Sustainable Outdoor Learning Environments to help forward the district’s STEAM curriculum.
The overall Phase I project will save 1,898,642 kWh in energy consumption and remove 402 tons of carbon emissions. The impact is equivalent to removing 86 cars from the road or planting 16,080 trees.
The bus fleet alone will save $250,000+ in fuel costs and overall maintenance. Each bus can run up to 120 miles on a single charge. “Our students will be among the first in the nation to be transported to school using clean energy vehicles, where they’ll learn in a technologically advanced outdoor learning environment powered by the sun. We’re thrilled to see our vision of a sustainable future come to fruition for the longevity and health of our community.” Tim Zearley, Associate Superintendent
Modesto City Schools was so pleased with Schneider Electric’s performance, they chose to partner with them on two additional phases of work. Phase 1 and 2 included more solar PV carports and an expansion of their EV charging.
PROJECT COST
Phase 1: $13,492,447
Phase 2: $20,472,549
Phase 3: $16,675,167
ANNUAL PROJECT SAVINGS
$1,200,000
SCOPE OF WORK
• Solar carports
• Solar canopies
• Advanced EV Charging
Infrastructure
FUNDING SOURCES
District Funds
Grants
PROJECT DATES
Construction Dates
Phase 1: 2022-2023
Phase 2: 2023-2024
Phase 3: 2024-2025
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 252
HUNTINGTON
BEACH UHSD
HUNTINGTON BEACH, CA
CONTACT INFORMATION
Mr. Mark Hansberger, Director,
Maintenance, Operations & Transportation
5832 Bolsa Ave
Huntington Beach, CA 92649
Phone: 714-536-7521 Ext. 40410
Email: [email protected]
PROJECT DESCRIPTION
The Huntington Beach Union High School District has found it challenging to maintain the amount of mechanical and automation systems they have spread throughout their campuses. The salty ocean air coupled with more intense heat in recent years puts a lot of strain on these critical systems, causing more maintenance issues and a greater need to replace the equipment on a more regular basis. In addition to this, the District has had a slew of problems managing their disparate building automation systems, one of which essentially stopped working entirely, causing a major headache for school and operations staff.
When the District got their ESSER allocation, they knew they wanted to spend this one-time money on upgrades to their mechanical and controls systems to improve indoor air quality, reduce comfort complaints in the classroom and help take a big bite out of their deferred maintenance backlog. The District, like many others, saw this funding as a windfall to help solve some of their biggest facility issues.
HBUHSD released a RFQ and ultimately selected Schneider Electric as their partner to tackle this work. Schneider Electric immediately conducted site visits and built out a phased plan to get these mechanical and controls systems replace or, in some cases, refurbished. Schneider Electric is helping the district replace all kinds of antiquated and problematic HVAC systems including air handlers, chillers, boilers, rooftop units, wall pack units, and multi-zone units. The District will also benefit from new, consistent controls to help them better automate these new mechanical systems.
In addition to implementing all of this new equipment over the next couple of years, Schneider Electric’s team is also helping HBUHSD apply for grants and incentives on their behalf and assisting the District in communicating out the work they are doing to the parents, teachers and staff.
PROJECT COST
Phase I: $7,187,538
Phase II: $16,827,918
Phase III: $11,965,945
ANNUAL PROJECT SAVINGS
Phase I: $253,729
Phase II: $653,712
Phase III: $328,289
SCOPE OF WORK
• Replacing and refurbishing
antiquated mechanical systems
o Wall pack units
o Roof top units
o Air handlers
o Cooling Towers
o Chillers
o Boilers
• Installing new building
automation system
FUNDING SOURCES
ESSER Funds
District Funds
CalShape Ventilation Grant
CONSTRUCTION DATES
Phase I: 2022-2023
Phase II: 2023-2024
Phase III: 2023-2024
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 253
KINGS
CANYON USD
REEDLEY, CA
CONTACT INFORMATION
Joe Arruda
Director of Facilities
1801 10th Street
Reedley, CA 93654
(559) 351-7561
[email protected]
PROJECT DESCRIPTION
Kings Canyon Unified School District awarded Schneider Electric their Healthy Buildings Project through Government Code 4217 to develop and implement a self-funding, budget neutral project, utilizing energy savings and capturing grants and rebates. The District chose to include all sites in the audit and planning.
Through a series of impactful planning meetings, KCUSD provided Schneider Electric input to prioritize HVAC, lighting upgrades and Automation controls throughout the District.
A significant focus point to the District was designing a budget neutral project. With District wide lighting, KCUSD ended up with a budget positive project projected to save the District over $19MM in lifecycle savings and revenue generation. Additional Schneider Electric was able to secure $2.1MM in additional funds from grants.
Schneider is working alongside the District to secure additional funds and implement additional projects in phases as the funding becomes available.
PROJECT COST
Phase 1: $16,083,347
Phase 2: $2,487,124
PROJECT SAVINGS
Phase 1: $19.1MM in lifecycle savings
and revenue generation
Phase 2: $3.7M in lifecycle savings
SCOPE OF WORK
• District wide Exterior lighting
• District wide interior lighting
• HVAC replacements
• District wide automation
system
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
20 Year Term
Project Beginning and End Dates
2022-2042
Construction Dates
Phase 1: 2021-2023
Phase 2: In construction; estimated
completion 2024
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 254
CITY OF EL
CENTRO
EL CENTRO, CA
CONTACT INFORMATION
Marcela Piedra
(Former) City Manager
[email protected]
(707) 588-2243
PROJECT DESCRIPTION
The City of El Centro had a vision to address many needed capital improvement projects (CIP) at the wastewater plant which had been identified but not built for several years. This was the City’s first ESCO/design-build project delivery. Schneider Electric’s ability to address many diverse plant and collection system needs, coupled with the speed in developing work, enabled the City to move into construction sooner than anticipated.
Throughout development and design, the wastewater operations team had input into design criteria for ease of maintenance, equipment preference, and potential subcontractors. The wastewater plant operators could also relate to Schneider Electric's team, some of whom are former plant operators, which meant they understood the maintenance, operations, and process impacts of project decisions.
To help reduce the burden from the wastewater enterprise fund, Schneider Electric applied for and is anticipating the announcement of a $1.6 Million grant from the EPA which the City was eligible to receive due to the energy savings associated with the blower replacement project.
The benefits of this project include the ability to:
• Achieve long-term cost savings through reduced energy and operational use
• Leverage funding stream generated by savings coupled with grants and Wastewater Bond funding to complete needed CIP projects • Communicate project wins with the community, region, and state via press releases and social media
outlets
• Maximize El Centro’s existing plant assets and ensure reliability of the collection system
PROJECT COST
$16,381,583
ANNUAL PROJECT SAVINGS
$45,599
SCOPE OF WORK
• Bar screen and wet well
replacements
• Blower replacements
• Dissolved Oxygen Control
implementation
• Generator replacements and
conversion to natural gas
• SCADA installation
• Sewer Line Rehabilitation
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
15 Year Term
Project Beginning and End Dates
2020 - 2035
Construction Dates
July 2017 – December 2020
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 255
BERKELEY
USD
BERKELEY, CA
CONTACT INFORMATION
John Calise
Executive Director of Facilities
707 Russell Street
Berkeley, CA 94703
(707) 624-5003
PROJECT DESCRIPTION
Berkeley USD and Schneider Electric began their partnership during Proposition 39. During a competitive RFQ/P Schneider Electric was selected to implement services for mechanical projects. The following was addressed at Berkeley HS Natatorium:
1. Replaced pool heater
2. Installed unique pool heater flue
3. Replaced pool pump
4. Installed VFD on pool pump
5. Configured backwash controller and pump/VFD to existing system
6. Provided training on operation and maintenance of equipment Berkeley HS Natatorium has a history of poor air quality and water chemicals not being managed correctly. To address these problems, Schneider Electric is currently installing a Zero Net Energy Natatorium project to permanently resolve potential health and safety issues that can arise from not managing chlorine and chloramines properly. In addition to this project objective, Berkeley USD also wanted to offset the electrical load through the implementation of renewables and battery storage to qualify the building for ZNE. Lastly, through the partnership with Schneider Electric, the project team was able to obtain a local rebate incentive from PG&E related to the Battery Energy Storage system as well as align the Inflation Reduction Act Federal program funding to offset costs relative to the rooftop and canopy solar PV.
In the wake of COVID-19, Berkeley USD looked to Schneider Electric to recommend and implement measures necessary to reopen schools.
Measures include Needlepoint Bipolar Ionization, HVAC unit supply fan cleaning, MERV 13 filter install, and Indoor Air Quality (IAQ) sensors.
Sensors were installed in classrooms to monitor temperature, humidity, carbon dioxide, and volatile organic compound readings. An IAQ Command Center was placed in Facility Operations to provide visibility into sensor readings for monitoring and a high-level overview of each site’s current operations.
PROJECT COST
$552,000 – Natatorium / Prop 39
$3,000,000 – Indoor Air Quality / AB 841
$13.4M - ZNE Natatorium Project
ANNUAL PROJECT SAVINGS
Phase I: $30,583
Phase III: $126,869
SCOPE OF WORK
• HVAC Replacements
• Paddock Bench Exhaust
Systems
• Rooftop / Canopy Solar
Systems
• Battery Energy Storage System
• Sustainable Outdoor Learning
Environment (SOLE)
• Indoor Air Quality Measures
• Zero Net Energy Certification by
New Building Institute
ROLE OF RESPONDER
Energy Services Company
M&V Option B (Phase 3 Only)
PROJECT TERM & DATES
10 years
Project Beginning and End Dates
Phase I: 2019 - 2020
Phase II: 2021 - 2022
Phase III: 2023 - 2033
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 256
CITY OF
PALMDALE
PALMDALE, CA
CONTACT INFORMATION
Ben Lucha
Environmental Resources Manager
38300 Sierra Highway
Palmdale, CA 93550
Phone: 661-267-5308
Email: [email protected]
PROJECT DESCRIPTION
The City of Palmdale has embarked on a transformative journey with Schneider Electric to revitalize its aging infrastructure and enhance community facilities. This collaboration brought together various city departments, including Public Works, Maintenance, Energy/Utility, Finance, Parks and Recreation, and the City Manager's Office, to address critical needs and align with the city's strategic objectives.
Faced with 15+ year old mechanical units and a Building Automation System reliant on obsolete parts, Palmdale was at a crossroads. Key facilities like the Cultural Center, Developmental Services, the Library, and Oasis Rec Center were at risk of closure due to potential HVAC and control system failures. Moreover, the city's automated irrigation control platform required an urgent upgrade to continue efficient water management.
This comprehensive project promises significant benefits for Palmdale's residents, including enhanced safety and security through exterior LED lighting and improved indoor air quality from new HVAC systems. The community will also see a reduction in water usage from advanced irrigation measures, and the
elimination of on-site chlorine storage, bolstering health and safety measures.
This project is not just an upgrade; it's a leap forward for the City of Palmdale, ensuring its facilities are sustainable, efficient, and ready to serve the community for years to come.
PROJECT COST
Phase 1: $8.49M
Phase 2: $6.17M
ANNUAL PROJECT SAVINGS
Phase 1: $548,000
Phase 2: $165,000
SCOPE OF WORK
Phase 1
• LED lighting (interior & exterior)
• HVAC upgrades
• Irrigation upgrades & controls
Phase 2
• LED lighting (interior & exterior)
• Sports LED lighting retrofits
• HVAC TAB Report
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
20 Year Term
Project Beginning and End Dates
Phase 1: 2022 - 2042
Phase 2: 2023 - 2043
Construction Beginning and End Dates
Phase 1: October 2023 – 2024
Phase 2: February 2024 – July 2024
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 257
MORAGA
SCHOOL
DISTRICT
MORAGA, CA
CONTACT INFORMATION
Daniela Parasidis
Chief Business Official
Moraga School District
1540 School St
Moraga, CA 94556
Phone: (925) 377-4108
Email: [email protected]
PROJECT DESCRIPTION
Schneider Electric helped the District complete a major unfunded initiative (District-Wide HVAC replacement) by leveraging savings from other energy/water efficiency measures. These other measures included solar PV at three schools, exterior LED lighting retrofits, smart irrigation, interior plumbing upgrades and DistrictWide telecom upgrades.
Additionally, Schneider Electric leveraged the “Enable” message to integrate Student Engagement and Marketing services into the program. The District/Board required the project to be approved in the most conservative financial setting. Through collaboration and coordination with the District, Schneider Electric was able to deliver a self-funding solution with net savings, in that scenario.
PROJECT COST
$6,994,996
ANNUAL PROJECT SAVINGS
$171,882
SCOPE OF WORK
• Solar PV at 3 sites
• District-Wide HVAC upgrades
• Exterior LED lighting
upgrades
• Smart Irrigation
• Indoor Plumbing upgrades
ROLE OF RESPONDER
Energy Services Company
PROJECT TERM & DATES
20 Year Term
Project Beginning and End Dates
2021 – 2041
Construction Dates
Dec 2020 – Dec 2021
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 258
OJAI UNIFIED
SCHOOL
DISTRICT
OJAI, CA
CONTACT INFORMATION
Alan White – Bond Manager
414 East Ojai Ave
Ojai, CA 93023
Phone: 805-701-4231
PROJECT DESCRIPTION
Schneider Electric has partnered with Ojai Unified School District to transform the entire district through multiple environmental measures. After conducting a thorough analysis of the district’s energy and utility usage, environmental conditions, and key goals, Schneider Electric developed a comprehensive suite of value engineering solutions that will not only improve building health, safety, comfort, and efficiency but also positively impact the students and local community.
Nearly every facility in the district was part of this project, including Nordhoff High School, Chaparral High School, Matilija Middle School, Mira Monte Elementary, Meiners Oak Elementary, Topa Topa Elementary, San Antonio Elementary, and Summit
Elementary. For Nordhoff High School, energy consumption data revealed an increase from 548,000 kWh in the 2018/2019 school year to 601,000 kWh in 2019, with a slight decrease in 2020 due to COVID-19. With the addition of an aquatic center, new sports field lighting, and a sports complex, Schneider Electric conducted a preliminary energy study to optimize PV array sizing for anticipated load growth.
The entire district-wide project is expected to save over 500 tons of CO2-equivalent per year and accumulate over $8,500,000 in total financial savings. This initiative exemplifies Schneider Electric's commitment to helping educational institutions achieve their sustainability goals while enhancing their facilities for the betterment of the community.
PROJECT COST
Phase 1: $2,348,181
Phase 2 (Microgrid): $3,539,558
LIFECYCLE PROJECT SAVINGS
$8,560,213
SCOPE OF WORK
• Solar carports & canopies
• EV charging infrastructure
• LED lighting (exterior)
• ADA compliance upgrades
• Battery Energy Storage System
• Microgrid
ROLE OF RESPONDER
Energy Services Company
FUNDING SOURCES
AB 841
PROJECT TERM & DATES
20 Year Term
Construction Dates
Phase 1:
May 2023 – December 2023
Phase 2:
2024-2025
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 259
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
4. OSHA Violations
a. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful,” or “repeat” violations of its safety or health regulations in the last five (5) years: (If answer is “Yes,” Proposer is automatically disqualified.)
☐ Yes ☒ No
b. Has the federal OSHA cited and assessed penalties against your firm in the last five (5) years: (If answer is “Yes,” Proposer is automatically disqualified.) ☐ Yes ☒ No
5. Labor Code and Apprenticeship Violations
a. At the time of submitting this prequalification form, is your firm ineligible to bid on or be awarded a Public Works contract, or perform as a subcontractor on a Public works contract, pursuant to either Labor Code Section 1777.1 or Labor Code Section 1777.7? (If answer is “Yes”, Proposer is automatically disqualified.)
☐ Yes ☒No
b. Has there been any occasion during the last five (5) years on which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with the state or federal (Davis-Bacon) prevailing wage laws/requirements? (5 points for either “No” or “Yes” indicating 1 such instances; 3 points for “Yes” indicating 2 such instances; 0 points for “Yes” and more than 2 such instances.)
☐Yes ☒ No Number of Instances: 0
6. Claims History
a. In the last ten (10) years, has your firm or any of its owners, officers or partners, ever been found liable in a civil suit, or convicted/found guilty in a criminal action: (a) involving the awarding of a contract of a government construction project, (b) involving the bidding or performance of a government contract, or (c) involving fraud, theft or any other act of dishonesty, including but not limited to the California False Claims Act, or Federal False Claims Act? (If answer is “Yes”, Proposer is automatically disqualified.)
☐ Yes ☒No
b. At any time in the last five years has the Proposer been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? (5 points for either “No” or “Yes” indicating 1 such instances; 3 points for “Yes” indicating 2 such instances; 0 points for “Yes” and more than 2 such instances.) ☐ Yes ☒ No
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 260
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project If yes, explain on a separate signed page, identifying all such projects by owner, owner’s address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages.
c. In the last five years has the Proposer, or any firm with which any of the Proposer’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: “Associated with” refers to another construction firm in which an owner, partner or officer of the Proposer held a similar position as in (1) on this form. (5 points for “No”; 0 points for “Yes”.) ☐ Yes ☒No
If “yes,” explain on a separate signed page. State whether the Proposer involved was the Proposer applying for prequalification here or another firm. Identify by name of the company, the name of the person within the Proposer who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.
d. In the last five years has the Proposer been denied an award of a public works contract based on a finding by a public agency that the Proposer was not a responsible bidder? ☐ Yes ☒ No
If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. (5 points for “No”; 0 points for “Yes”.) NOTE: The following two questions refer only to disputes between the Proposer and the owner of a project. The Proposer need not include information about disputes between the Proposer and a supplier, another Proposer, or subcontractor. Also, the Proposer may omit reference to all disputes about amounts of less than $25,000. e. In the past five years has any claim against the Proposer concerning the Proposer’s work on a construction project been filed in court or arbitration? ☒ Yes ☐ No
If “yes,” on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). If “yes”, are there any current claims against the Proposer that should you lose the claim(s), would adversely affect the Proposer’s financial position or the Proposer’s ability to meet the Proposer’s obligations if awarded the contract for this project? If so, please explain.
See the following pages for the explanation of the disclosures and the end of this section for the Officer signature and notary regarding the disclosures.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 261
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project f. In the past five years has the Proposer made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? (5 points for either “No” or “Yes” indicating 1 such instances; 3 points for “Yes” indicating 2 such instances; 0 points for “Yes” and more than 2 such instances.)
☒ Yes ☐ No
If “yes,” on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). If “yes”, are there any current claims against a project owner that should the Proposer lose the claim(s), would adversely affect the Proposer’s financial position or the Proposer’s ability to meet the Proposer’s obligations if awarded the contract for this project? If so, please explain.
See the following page for the explanation of the disclosures and the end of this section for the Officer signature and notary regarding the disclosures.
g. At any time during the past five years, has any surety company made any payments on the Proposer’s behalf, to satisfy any claims made against a performance or payment bond issued on the Proposer’s behalf, in connection with a construction project, either public or private? (5 points for “No”; 0 points for “Yes”.)
☐ Yes ☒ No
If “yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.
h. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for the Proposer? (5 points for “No”; 0 points for “Yes”.) ☐ Yes ☒ No
If “yes,” explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of each refusal.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 262
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project Disclosures
Due to confidentiality obligations, Schneider Electric Buildings Americas, Inc. (“SEBA”) may not be at liberty to comment on all claims and/or legal actions involving SEBA. Further, given the size of Schneider Electric and its global footprint, it is possible that the company has been involved in matters in other parts of the world of which we are not aware. However, as relates to SEBA and its performance on energy sustainability projects, the following are matters that SEBA wishes to disclose.
SEBA has addressed and continues to address these matters in a professional and ethical manner, and we can represent and warrant that there are no such legal actions that would impair our credentials or our ability to perform under the Resulting Agreement, if selected.
• United States Department of Agriculture
o In May 2013, SEBA entered a Task Order with the USDA to construct energy conservation measures. The Project was installed, commissioned, and accepted by USDA in May 2016.
USDA has realized the guaranteed savings in each year of performance to date. Despite SEBA’s demonstrated commitment to the Project, USDA terminated the Task Order for default in July 2020 based on maintenance issues related to one ECM. USDA had refused attempts to resolve the matter, and in January 2021 SEBA filed a claim in the U.S. Court of Federal Claims alleging wrongful termination and seeking to have the termination reversed. The Judge recently granted Schneider’s motion for Summary Judgement in part and converted the Termination for Default to a Termination for Convenience. The remaining issues are scheduled for trial in February 2023. • City of Atlanta – Department of Watershed Management
o In December 2017, the City of Atlanta and SEBA entered a Guaranteed Energy Savings Performance Contract (GESPC). SEBA’s successful completion of this Project was contingent on the City repairing and replacing equipment and infrastructure. The City failed to perform its obligations in a timely manner and the delays caused SEBA to incur significant additional costs.
After months of negotiation, the City sent a letter in December 2020 to terminate the GESPC. In February 2021, SEBA filed suit against the City alleging wrongful termination, seeking reversal of the termination for default. The parties have reached a Settlement Agreement, pursuant to which the City of Atlanta has agreed to convert the termination for default to a termination for convenience.
• City of Riverbank Arbitration
o SEBA and the City of Riverbank entered a contract in 2013 wherein SEBA agreed to implement several Energy Conservation Measures at the City’s wastewater treatment facility. In 2022, the City alleged that SEBA breached this contract because the new Biolac System SEBA installed at the City’s facility failed to consistently meet the City’s wastewater discharge permit. SEBA maintains that the City’s claim is unfounded as the fully integrated Energy Services Contract entered into between the parties places no Permit requirements on SEBA. The goal of the new Biolac system was to reduce energy consumption and generate energy savings. Any harm that resulted from the purported lack of permit compliance is the City’s responsibility, and not SEBA’s.
The Contract clearly allocates responsibility for amending the Permit to the City. This arbitration proceeding is scheduled to occur in the Summer of 2023. • City of Memphis
o In 2021, SEBA bid on and was awarded a lighting project with the City of Memphis, TN. The City of Memphis Request for Proposal (RFP) required that bidders disclose any past or ongoing litigation within the State of Tennessee. SEBA does not have any past or ongoing litigation in Tennessee and answered accordingly. Shortly after award of the project, the City of Memphis learned of the settlement between SEBA and the US DOJ (noted below), and based on SEBA’s failure to disclose this information the City revoked the award and suspended SEBA from Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 263
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project performing work with the City of Memphis for one year. SEBA appealed this decision and the parties entered into a settlement agreement wherein the City of Memphis revoked its suspension of SEBA.
• U.S. Department of Justice
Please note that this matter does not involve litigation or arbitration; however, in the interest of full disclosure, SEBA feels that it is important to include:
o In 2016, SEBA terminated Bhaskar Patel (“Patel”), a former employee on SEBA’s Federal ESPC project team, upon learning that Patel had engaged in unlawful subcontracting activities for personal gain. Patel’s actions, which were those of a rogue employee and were in direct violation of SEBA’s code of conduct, led to an investigation by the U.S. Department of Justice (the “DOJ”), which further identified that certain design costs had not been properly allocated in compliance with the Federal Acquisition Regulations. In December 2020, although no legal actions were brought against SEBA, SEBA entered into a settlement with the DOJ to resolve any potential liability related to these matters. In addition, since learning of these issues, SEBA has added new compliance safeguards, including a multi-layered approach to contract management. SEBA remains in good standing as a Federal vendor and has been awarded an additional $624 million in Federal contracts since the DOJ’s investigation began in 2016.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 264
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
7. Surety Company Information
a. At any time during the past ten (10) years, has any surety company made any payments on your firm’s behalf as a result of a default or to satisfy any claims made against a payment bond issued on your firm’s behalf? (5 points for “No”; 3 points for “Yes” indicating no more than 1 such claim; 0 points for 2 or more claims.
☐Yes ☒ No Indicate Number of Claims: n/a
If your firm was required to pay a premium of more than one percent (1%) for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. (5 points if the rate is no more than 1.0 percent; 3 points if the rate was no higher than 1.10 percent; 0 points for any other answer.) %
b. During the last five (5) years, has your firm ever been denied bond credit by a surety company or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? (“No” = 5 points; “Yes” = 0 points.) ☐ Yes ☒ No
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 265
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
8. Insurance/Worker’s Compensation Experience Modification Rate a. In the last five (5) years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? (5 points for “No”, 3 points for “Yes’ indicating 2 such instances; 0 points for “Yes” or if more than 2 such instances.) ☐Yes ☒ No Number of instances: n/a
b. What is your firm’s current worker’s compensation experience modification rate? (Less than 1.00 - 5 pts.; 1.01< or = 1.25 - 2 pts.; If > 1.25 Proposer is automatically disqualified.) Please provide evidence from your insurance carrier of this modification rate.
Our current EMR for 2023 is .61. Please see the following EMR Letter.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 266
Thom Nosek
Senior Vice President
Marsh USA Inc.
99 High Street
Boston, MA 02110-2320
+1 617 385 0345
[email protected]
www.marsh.com
January 09, 2024
Subject: Schneider Electric Holdings, Inc.
Schneider Electric Buildings Americas, Inc.
Schneider Electric USA, Inc.
Schneider Electric IT Corporation
Schneider Electric IT Mission Critical Services, Inc.
Summit Energy Services, Inc.
Schneider Electric Smart Grid Solutions, LLC
Schneider Electric Systems USA, Inc.
ASCO Power Technologies, L.P.
ASCO Power Services, Inc.
To Whom It May Concern:
The following is a recap of the Interstate Experience Modification Ratings for Schneider Electric Holdings, Inc. and its subsidiaries listed above for the past 5 years:
WORKERS’ COMPENSATION EXPERIENCE MODIFIER
Risk Name: Schneider Electric Holdings, Inc.
Risk Identification Number (Bureau File Number): 910269348 Bureau Rating Agency: NCCI
State: Interstate
Rating Effective Date: 1/1/2024
Experience Modification Factor: .61
Rating Effective Date: 1/1/2023
Experience Modification Factor: .70
Rating Effective Date: 1/1/2022
Experience Modification Factor: .73
Rating Effective Date: 1/1/2021
Experience Modification Factor: .78
Rating Effective Date: 1/1/2020
Experience Modification Factor: .93
The National Council on Compensation Insurance is responsible for the calculation of these experience modifications, which are subject to change.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 267
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 268
Internal
Prequal RequirementsOther Necessary & Essential
June 4, 2024, Reg. CC Mtg., Page # 269
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project
OTHER NECESSARY AND ESSENTIAL
PREQUALIFICATION REQUIREMENTS
Please find the additional required information for this response:
1. A Memorandum of Insurance
2. A Surety Letter from MARSH
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 270
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 271
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 272
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 273
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 274
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 275
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 276
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 277
_________________________________________________________________________________________________________________________ 151 N Franklin Street, Chicago, IL 60606
March 7, 2024
Re: Schneider Electric Buildings Americas, Inc.
Surety Prequalification 2024
To Whom It May Concern:
Western Surety Company, a corporation under the laws of the State of South Dakota, with an office and place of business at 151 N Franklin Street, Chicago, IL 60606 is rated A (Excellent) by A.M.
Best with a financial size category of XIV and represents Schneider Electric Buildings Americas, Inc. for their surety bonding needs.
At the present time, Schneider Electric Buildings Americas, Inc. is in a position to consider single projects up to $50,000,000 within an aggregate limit of $400,000,000. The statement of these values is neither a commitment nor a limitation of the bonding capacity of Schneider Electric Buildings Americas, Inc. At the request of Schneider Electric Buildings Americas, Inc., Western Surety Company will give favorable consideration to providing the required performance, payment and/or maintenance bonds.
Please note that the decision to issue performance, payment and/or maintenance bonds is a matter between Schneider Electric Buildings Americas, Inc. and Western Surety Company, and will be subject to our standard underwriting at the time of the final bond request, which includes but not limited to the acceptability of the contract documents, bond forms and financing. We assume no liability to Schneider Electric Buildings Americas, Inc., third parties or to you if for any reason we do not execute said bonds.
Sincerely,
____________________________
Jessica Iannotta, Attorney-in-Fact
Western Surety Company
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 278
, Individually
Jessica Iannotta
Morristown NJ
N/A
Schneider Electric Buildings Americas, Inc.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 279
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 280
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 281
Internal
Addendum #1
June 4, 2024, Reg. CC Mtg., Page # 282
City of Lomita, CA
Design-Build of Lomita City Hall HVAC System Upgrade Project ADDENDUM #1
Please see the following pages for a signed copy of Addendum No. 1 from May 2, 2024.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 283
CITY COUNCIL ADMINISTRATION
BILL UPHOFF CITY MANAGER
MARK A. WARONEK ANDREW VIALPANDO
JAMES GAZELEY
CINDY SEGAWA
BARRY WAITE
CITY OF LOMITA
CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomitacity.com
DEPARTMENT OF PUBLIC WORKS
LOMITA CITY HALL HVAC UPGRADE
ADDENDUM No. 1
DATE: May 2, 2024
TO: ALL PROSPECTIVE PARTICIPANTS
SUBJECT: CLARIFICATIONS TO THE REQUEST FOR PROPOSAL
Please note the following changes and/or additions to the Request for Proposal (RFP) for the project indicated above. The proposer shall execute the certification at the end of this addendum and shall attach the executed addendum to the documents submitted with the proposal.
QUESTIONS
The following are the responses to the questions received from prospective proposers:
1. The RFP states that the selected firm is to provide a full-time inspector and Resident Engineer to provide project management for the duration of the project. Does the Resident Engineer have to be onsite through the entirety of the project or are they just a point of contact?
➔ The Resident Engineer does not have to be stationed at City Hall the entire time but needs to be available as a point of contact when needed.
2. Does the City have a specific amount budgeted for this project? If so, what is the anticipated budget?
➔ The City of Lomita has a maximum budget of 1,500,000 dollars.
3. Will the design need to go through Plan Check?
➔ The Design will have to go through the review and approval process by Los Angeles County Division of Building and Safety.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 284
CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall
4. Does the design need to maintain the same number of zones (15 to 20 zones) in other words, do we need to keep the same number of thermostats? ➔ It is desired to have one thermostat in each room as opposed to the existing situation where there is on average one thermostat for every 2 to 3 rooms.
5. Does the new Design need to have the same system capacity of 50 tons, or do we need to run a full load calculation again for the whole building? ➔ The City believes that 50-ton capacity is sufficient unless the selected firm advises otherwise. Nevertheless, the selected firm is still expected to run some calculations to present to the City what the expected output will be.
6. Does the City have a type of system already in mind picked for this project? Like VAV or Chilled water fan coils…. etc?
➔ The City prefers a system that is more efficient that the Variable Air Volume (VAV).
The City is open to consider alternatives such as a Variable Refrigerator Flow system.
7. With regards to the audited financial statements, would the City consider entering into mutual non-disclosure agreement for proposers to provide audited financial statements, or will the City be willing to work with proposers in some alternate manner to provide financial information that shows ability to perform? ➔ Financial statements are required, however if proposers would like this information not to be disclosed due to trade secrets, then the proposers shall submit the following:
- A second copy of the financial statement document with redactions in addition to an unredacted version. Only the redacted version would be subject to public record requests.
- A cover letter explaining the basis for these redactions.
In the event of an action brought for a public record request, the proposers shall indemnify the City for the documents with financial information withheld.
All confidential financial documents should be labeled accordingly.
8. With regards to the Economic Performance Evaluation, please confirm that no pricing information is to be submitted at this time.
➔ The proposals to be submitted will not include any pricing at this time. Pricing will be presented to the City only after a Letter of Intent is issued to the selected firm.
9. With regards to the RFP Questionnaire (page 67 of the PDF) “History of Your Firm” section, a note appears: “Note: at least one project must satisfy the requirements listed in Part 1, Question 12” – Cannot find where this references, please clarify. ➔ The RFP Questionnaire has been revised as attached.
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 285
CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall Please sign the attached acknowledgement of receipt of Addendum and enclose the original copy of the acknowledgement in your proposal. If you have any questions or concerns, please call me at (310) 304-4968.
Sincerely,
Frederic Aboujaoude, P.E.
Principal Engineer
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 286
CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall
ACKNOWLEDGEMENT OF ADDENDUM
LOMITA CITY HALL HVAC UPGRADE
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal.
The undersigned acknowledges receipt of Addendum No. 1 dated May 2, 2024.
ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
Schneider Electric Buildings Americas, Inc.
1660 Scenic Avenue, Costa Mesa, CA 92626
Rachel Torgerson
Account Executive
Use or disclosure of data contained on this sheet is subject to the restriction on the table of contents of this proposal May 15, 2024
June 4, 2024, Reg. CC Mtg., Page # 287
Internal
1660 Scenic Avenue
Costa Mesa, CA 92626
Rachel Torgerson, Account Executive
916.868.8088
[email protected]
June 4, 2024, Reg. CC Mtg., Page # 288
Letter of Intent to Award
Design-Build of Lomita City Hall HVAC System Upgrade
Investment Grade Audit Agreement Page 1
INVESTMENT GRADE AUDIT AGREEMENT
This Investment Grade Audit Agreement (“Agreement”), dated as of June 4th, 2024 (“Effective Date”), is entered into by and between Schneider Electric Buildings Americas, Inc., a Delaware corporation with California State Contractor’s License Number 708952 (“ESCO”) and City of Lomita (“Customer”).
WHEREAS, Customer wishes to engage ESCO to perform an investment grade audit of Customer’s facilities in order to (i) identify energy conservation measures (“ECMs”) that are available to and appropriate for such facilities, and (ii) determine the savings that would result from implementing such ECMs as part of a comprehensive energy conservation improvement program (an “IGA”). If the results of the IGA are deemed satisfactory by the Customer (including a pro forma analysis showing that the anticipated cost to Customer to implement the identified ECMs will be less than the anticipated cost to Customer for thermal, electrical, and other energy, together with anticipated operational, maintenance and other costs, that would have been consumed by Customer in the absence of the identified ECMs), it is the intent of the Customer to work with ESCO to implement the scopes of work developed by ESCO, and to negotiate and execute an Energy Services Contract with ESCO.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, ESCO and Customer hereby agree to the following terms and conditions:
Section A – General Terms and Conditions
Section B – Audit
Section C – Facilities
IN WITNESS WHEREOF, each of the parties has caused this Investment Grade Audit Agreement to be executed as of the Effective Date by its duly authorized representative below.
City of Lomita
California
Schneider Electric Buildings
Americas, Inc.
Contractor License No. 708952
By: By:
(Signature) (Signature)
Name: Name:
Title: Title:
Attachment No. 3
June 4, 2024, Reg. CC Mtg., Page # 289
Letter of Intent to Award
Design-Build of Lomita City Hall HVAC System Upgrade
Investment Grade Audit Agreement Page 2
SECTION A: GENERAL TERMS AND CONDITIONS
1. Entire Agreement
This Agreement constitutes the entire understanding between ESCO and Customer and supersedes all prior oral or written understandings relating to the subject matter herein. This Agreement may not be amended or modified except by written instrument signed by a duly authorized representative of each party.
2. Investment Grade Audit
As described more fully in Section B, ESCO will conduct an IGA of certain Customer Facilities (defined below) in order to (i) identify ECMs that are available to and appropriate for such Facilities, and (ii) determine the savings that would result from implementing such ECMs as part of a comprehensive energy conservation improvement program. Customer acknowledges that the IGA is not intended to serve as a comprehensive inspection of Customer’s Facilities and that, to facilitate the IGA and to assist ESCO in identifying ECMs appropriate for Customer’s Facilities, Customer is responsible for providing ESCO with all such access, knowledge and history as may be relevant to ESCO’s analysis, including, without limitation, with respect to Customer’s Facilities, systems, and equipment, as well as its accounting, maintenance, and operation practices.
3. IGA Report
Upon conclusion of the IGA, ESCO will provide Customer with a report describing the scope and results of such IGA (the “IGA Report”), including a pro forma analysis showing that the anticipated cost to Customer to implement the identified ECMs will be less than the anticipated cost to Customer for thermal, electrical, and other energy, together with anticipated operational, maintenance and other costs, that would have been consumed by Customer in the absence of the identified ECMs. If the IGA Report is deemed satisfactory by the Customer, it is the intent of the Customer to work with ESCO to implement the scopes of work developed by ESCO, and to negotiate an Energy Services Contract as provided in California Government Code §4217.10 et seq.
4. Government Code Section 1097.6.
In accordance with California Government Code §1097.6(c)(1), ESCO’s duties and services under this Agreement shall not include preparing or assisting Customer with any portion of Customer’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with Customer. Customer shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. ESCO’s participation in the planning, discussions, or drawing of project plans or specifications for any subsequent or additional contract shall be limited to conceptual, preliminary, or initial plans or specifications. ESCO shall cooperate with Customer to ensure that bidders (if Customer elects to utilize a bidding process) for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by ESCO pursuant to this Agreement.
5. Confidentiality
Neither party shall disclose to others any Confidential Information. “Confidential Information” shall mean all information or material, whether revealed orally, visually, or in tangible or electronic form, that is competitively sensitive material not generally known to the public that relates to the business of a party to this Agreement, or any of their respective interest holders, unless such information: (i) was already rightfully known and in possession of the receiving party at the time of disclosure by the disclosing party; or (ii) is in or has or will be entered into the public domain through no breach of this Agreement or other wrongful act of the receiving party; or (iii) has been rightfully received by the receiving party from a third party who is not known by the receiving party to be under obligation of confidentiality to disclosing party and without breach of this Agreement; or (iv) is independently developed by receiving party without reference to the Confidential Information; or (v) is approved for release by written authorization from the disclosing party. This confidentiality obligation shall terminate two (2) years from the date of this Agreement.
June 4, 2024, Reg. CC Mtg., Page # 290
Letter of Intent to Award
Design-Build of Lomita City Hall HVAC System Upgrade
Investment Grade Audit Agreement Page 3
6. Insurance
ESCO and Customer shall each maintain insurance coverage, including without limitation, workers’ compensation and employer’s liability at statutory limits and commercial general liability insurance covering public liability and property damage with limits generally required for its respective industry with not less than $1,000,000 each occurrence, $2,000,000 general aggregate. Such insurance shall be with reputable and financially responsible carriers authorized to transact business in the state in which the Facilities are located and the audits are being performed with an A.M. Best’s rating of at least A- VII.
7. Governing Law
This Agreement will be governed, interpreted and construed by, under and in accordance with the laws, statutes and decisions of the State of California, without regard to its choice of law provisions.
8. Ownership of Work Products
- Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared for the City under this Agreement and that have been paid for in accordance with this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the ESCO or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within fourteen (14) calendar days following completion of the Project, or within thirty (30) days after receipt of payment for the IGA Exit Fee, ESCO shall provide to City copies of all Project Documents required by City. In addition, ESCO shall retain copies of all Project Documents on file for a minimum of five (5) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs.
- Right to Use. City has the right to use and reuse all or part of the Project Documents for their intended purposes, at City’s sole discretion and with no additional compensation to ESCO.
Except as expressly agreed in writing, City shall not be required to employ ESCO in connection with any future use of the Project Documents. However, notwithstanding anything to the contrary, the City acknowledges and agrees that the Project Documents are prepared with the expectation and intent that the Project is to be performed and completed by or on behalf ESCO; in the event the City terminates this Agreement the City acknowledges and agrees that the Project Documents are not intended to be, and shall not be, relied upon by the City or any third party in performing or completing any aspect of the Project.
Any use or reuse by City of the Project Documents shall be at City’s own risk. If City uses or reuses the Project Documents it shall remove the ESCO’s seal from the Project Documents and indemnify, defend and hold harmless ESCO and its officers, directors, agents, affiliates and employees from claims arising out of the use or re-use of the Project Documents including reasonable expenses and attorney fees.
- License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents.
- Intellectual Property Rights. Nothing in this Agreement shall be deemed or construed to result in the City acquiring any interest or rights in any intellectual property owned, possessed or developed by ESCO or any third parties (“ESCO Intellectual Property”), including without limitation any ESCO Intellectual Property in or underlying the Project Documents. However, ESCO hereby grants the City a perpetual, paid-up, worldwide license to make use of ESCO Intellectual Property to the extent June 4, 2024, Reg. CC Mtg., Page # 291
Letter of Intent to Award
Design-Build of Lomita City Hall HVAC System Upgrade
Investment Grade Audit Agreement Page 4
that such ESCO Intellectual Property is necessary for the proper use, operation and/or maintenance of the Project Documents and/or any other products, services or deliverables provided by ESCO pursuant to this Agreement. ESCO shall indemnify, defend and hold harmless the City for any infringement of third-party intellectual property rights caused by ESCO or any of its Subcontractors in connection with this Agreement.
9. Due Authority of Signatories
Each party represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of such party, and that neither the execution nor performance of this Agreement violates any law, rule, regulation, or legal duty applicable to such party. Each party further represents and warrants that the execution of this Agreement is within such party’s legal powers, and that each individual executing this Agreement on behalf of such party is duly authorized to do so by all necessary and appropriate action and does so with full legal authority.
IN WITNESS WHEREOF, each of the Parties has caused this Investment Grade Audit Agreement to be executed as of the Effective Date by its duly authorized representative below.
City of Lomita
California
Schneider Electric Buildings
Americas, Inc.
Contractor License No. 708952
By: By:
(Signature) (Signature)
Name: Name:
Title: Title:
Date: Date:
June 4, 2024, Reg. CC Mtg., Page # 292
Letter of Intent to Award
Design-Build of Lomita City Hall HVAC System Upgrade
Investment Grade Audit Agreement Page 5
SECTION B: AUDIT
1. ESCO agrees to provide Customer with the following:
A. An IGA of each of the facilities described under Section C (each, a “Facility”; collectively, the “Facilities”); and
B. An IGA Report setting forth:
i. a list of the ECMs identified for each Facility;
ii. a description, based upon the information made available to ESCO during the IGA, of how the identified ECMs would interact with the existing equipment in the Facilities; iii. a financial analysis calculating the impact the ECMs would have on annual cash flow; iv. a utility analysis outlining the impact the ECMS would have on Customer’s utility expenses; v. a proposed scope of work to be performed by ESCO (the “Project”); and vi. proposed pricing for ESCO’s performance of the Project; such pricing will be honored by ESCO for sixty (60) days following delivery of ESCO’s IGA Report to Customer.
2. Customer agrees to provide ESCO with the following:
A. A list of any requirements and/or specifications that Customer expects to be included in and/or associated with the scope of work;
B. Complete access to the Facilities (including remote network access as appropriate) and to information concerning the Facilities, including without limitation such Facility access and information as will enable ESCO to accurately perform an energy efficiency analysis, measure actual energy use, take equipment inventory, determine operating schedules, and identify known operational deficiencies;
C. Access to key personnel to discuss operating requirements; D. Copies or loans of building plans and other such documents for the purpose of facilitating ESCO’s understanding of the Facility characteristics and the current sequences of operation; and E. All other insight, knowledge and history as may be relevant to ESCO’s analysis, particularly with respect to the operation, maintenance and energy efficiency of the Facilities, as well as disclosure of all known or suspected deficiencies, defects and malfunctions of or affecting the Facilities or the systems, components and equipment therein.
3. Payment:
A. Within ninty (90) days of receiving the IGA Report, Customer shall either (i) execute an Energy Services Contract with ESCO, or (ii) pay ESCO an exit fee in the amount of $44,800 (the “IGA Exit Fee”).
B. If Customer does execute an Energy Services Contract with ESCO, the costs and expenses incurred by ESCO in the performance of this Agreement and in the development, design and/or engineering of the Project will be included in the “Project Price” to be paid by Customer under the Energy Services Contract.
June 4, 2024, Reg. CC Mtg., Page # 293
Letter of Intent to Award
Design-Build of Lomita City Hall HVAC System Upgrade
Investment Grade Audit Agreement Page 6
SECTION C: FACILITIES
Lomita City Hall Buillding located at 24300 Narbonne Ave, Lomita CA 90717.
June 4, 2024, Reg. CC Mtg., Page # 294
NOTICE OF EXEMPTION
Project Description:
Lomita City Hall HVAC Upgrade Project – Lomita City Hall, a two-story building, was constructed in 1973 and the Heating, Ventilation and Air Conditioning (HVAC) system has not been updated since.
The existing HVAC system is a double deck system, consisting of a hot deck and a cold deck. This system uses a gas furnace as the source of energy to cover air conditioning needs for approximately 22,000 square feet of office space. The current HVAC system has reached the end of its useful life and is slated to be upgraded.
Upgrading the City’s HVAC system would create lasting value for City facilities and will lead to long-term energy savings and efficiency in addition to minimizing the City’s carbon footprint in the region.
This project consists of upgrading and replacing the existing HVAC system.
Finding:
The City Council of the City of Lomita has reviewed the above proposed project and finds it to be exempt from the provisions of the California Environmental Quality Act (CEQA).
Ministerial Project
Replacement or Reconstruction of existing structures and facilities, Exemption (CEQA Guidelines, Section 15302 Class 2)
Statutory Exemption
Emergency Project
Quick Disapproval [CEQA Guidelines, Section 15270]
No Possibility of Significant Effect [CEQA Guidelines, Section 15061(b)(3)] Supporting Reasons In accordance with Section 15302 Replacement or Reconstruction, Class 2 consist of replacement of existing structure or facilities where the new facilities will be located on the same site as the old structure replaced and will have substantially the same purpose and capacity as the structure replaced. Per this California Environmental Quality Act (CEQA) Guidelines, the installation and use of the new underground pipe will be to supply water to the same customers, replacing old 1928 pipes and providing the same water capacity. 5/29/2024
(Date) Carla Dillon, Director of Public Works
Public Works Department
24300 Narbonne Avenue
Lomita, CA 90717
310/325-7110
Attachment No. 4
June 4, 2024, Reg. CC Mtg., Page # 295
RESOLUTION NO. 2024-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
LETTER OF INTENT TO AWARD THE DESIGN-BUILD CONTRACT FOR
THE LOMITA CITY HALL HVAC UPGRADE PROJECT
Section 1 Recitals:
A. The American Rescue Plan Act (2021) allocated funding for the City of Lomita. The use of this funding is contingent upon City Council awarding this project by the end of this calendar year. Funding from this grant will be used for the Design-Build of the upgrade to Lomita City Hall’s Heating, Ventilation and Air Conditioning (HVAC) system.
B. The City will enter into a Letter of Intent with Schneider Electric Buildings Americas, Inc. to execute this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lomita hereby:
Section 1. Authorizes the City Manager to execute a Letter of Intent to Award Schneider Electric Buildings Americas, Inc. the Design-Build Contract for the Lomita City Hall HVAC Upgrade Project.
Section 2. City Council finds this project is not subject to CEQA pursuant to CEQA Guidelines, Section 15302 Replacement or Reconstruction of existing structures and facilities. This project consists of upgrading and replacing the existing HVAC system.
Section 3. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED, this 4
th day of June 2024.
_____________________________
William Uphoff, Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Trevor Rusin, City Attorney
Attachment No. 5
June 4, 2024, Reg. CC Mtg., Page # 296
1 TO: City Council
FROM: Andrew Vialpando, City Manager
REVIEWED BY: Carla Dillon, P.E., Public Works Director
PREPARED BY: Frederic Aboujaoude, P.E., Principal Engineer MEETING DATE: June 4, 2024
SUBJECT: Agreement with Rainbow Engineering Associates Inc. for Public Works Project Management Support
RECOMMENDATION
Approve agreement with Rainbow Engineering Associates Inc. for Public Works project management support and authorize the City Manager to execute the Amendment.
BACKGROUND
The Public Works Department is currently working on projects in the City’s five-year Capital Improvement Program. The number of projects far exceeds the workload in past years, with 16 active projects in Fiscal Year 24-25 and additional projects for the following fiscal year. The City’s Engineering Division is understaffed and is in need of support from engineering consultants to continue project management of the capital projects. It is essential that the City continue to provide project management for the on-going projects.
The City has been contracting with Project Partners, Inc. for the past three years for professional engineering services. Agreement No 2023-37 is the most recent contract amendment that was executed with Project Partners on August 15, 2023, and expires June 30, 2024. Most recently, Project Partners, Inc. has assigned their employee Sam Sampat to the City at a rate of $120/hour. Project Partners recently submitted a proposal to increase their rate to $137/hour.
Mr. Sampat’s engineering work has been outstanding, and Mr. Sampat, a Professional Engineer (PE), has submitted a proposal to the City to provide the same professional engineering services with a billing rate of $90/hour as part of Rainbow Engineering Associates, Inc.
Item No. 7i
CITY OF LOMITA
CITY COUNCIL REPORT
June 4, 2024, Reg. CC Mtg., Page # 297
2 Given Mr. Sampat’s quality of work and experience, coupled with the proposed hourly rate, staff recommends entering into a contract with Rainbow Engineering Associates for Public Works consulting services.
The recommended contract with Rainbow Engineering Associates Inc. would begin July 1, 2024, and run through June 30, 2025.
FISCAL IMPACT
Based on the proposed tasks, the contracted amount to complete the work would be $86,400.00 for the term of the agreement, and has been budgeted in Account No.100- 605-5345.
OPTIONS
1. Approve staff’s recommendation.
2. Provide alternative direction.
ATTACHMENTS
1. Professional Services Agreement with Rainbow Engineering Associates, Inc.
Reviewed by: Approved by:
___________________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
___________________________
Carla Dillon, P.E. Frederic Aboujaoude, P.E.
Public Works Director Principal Engineer
June 4, 2024, Reg. CC Mtg., Page # 298
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND RAINBOW ENGINEERING ASSOCIATES INC This AGREEMENT for PROFESSIONAL ENGINEERING SERVICES is entered into this 4th day of June 2024, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and RAINBOW ENGINEERING ASSOCIATES INC. (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out Various Professional Engineering Services.
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $86,400.00 for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONTRACTOR shall submit to CITY, by not later than the 10th day of each Attachment 1
June 4, 2024, Reg. CC Mtg., Page # 299
month, its bill for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in the CONTRACTOR'S bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person(s) assigned to perform work under this Agreement is Kiran Chatrabhuj /Sam Sampat. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2025, unless earlier termination occurs under Section 13 of this Agreement, or extended in writing in advance by both parties.
8. BEST MANAGEMENT PRACTICES AND TRAINING. The contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non-stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary June 4, 2024, Reg. CC Mtg., Page # 300
job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. The contractor shall certify they have received all applicable training to implement the requirements in Municipal NPDES Permit No.
CAS004004 and shall provide documentation to that effect.
9. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
10. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
11. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
12. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause
13. PREVAILING WAGE.
A. Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws.
Upon request, CITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the CONTRACTOR’S principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and CONTRACTOR shall therefore June 4, 2024, Reg. CC Mtg., Page # 301
comply with such Labor Code sections to the fullest extent required by law.
CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. Registration/DIR Compliance. If the services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). CONTRACTOR shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’S sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against CONTRACTOR or any subcontractors that affect CONTRACTOR’S performance of services, including any delay, shall be CONTRACTOR’S sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay and shall not be compensable by CITY.
CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
C. Labor Certification. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
D. Employment of Apprentices. CONTRACTOR and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between CONTRACTOR and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by CONTRACTOR on the project shall be returned to CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
June 4, 2024, Reg. CC Mtg., Page # 302
F. CONTRACTOR agrees to bind every subcontractor to the terms of the Agreement as far as such terms are applicable to subcontractor’s portion of the work.
CONTRACTOR shall be as fully responsible to CITY for the acts and omissions of its subcontractor and of persons either directly or indirectly employed by its subcontractor, as CONTRACTOR is for acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in these Agreement shall create any contractual relationship between any subcontractor and CITY.
14. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
15. INDEMNIFICATION.
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 19, and any approval of June 4, 2024, Reg. CC Mtg., Page # 303
said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
16. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
17. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
18. AUDIT OF RECORDS.
A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
19. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
20. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and June 4, 2024, Reg. CC Mtg., Page # 304
maintain, for the duration of the contract, the following insurance policies:
1. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
2. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
June 4, 2024, Reg. CC Mtg., Page # 305
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 13 above.
G. The commercial general policy required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
June 4, 2024, Reg. CC Mtg., Page # 306
21. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
22. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
23. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
24. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
RAINBOW ENGINEERING
ASSOCIATES
19308 E. Groverdale St,
Covina CA 91722
ATTN: Sam Sampat
June 4, 2024, Reg. CC Mtg., Page # 307
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
26. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.
28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
31. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
32. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile June 4, 2024, Reg. CC Mtg., Page # 308
or electronic signatures will be treated in all respects as having the same effect as an original signature.
33. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
34. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
35. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
37. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
June 4, 2024, Reg. CC Mtg., Page # 309
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Andrew Vialpando, City Manager By:
ATTEST:
Kathleen Horn Gregory, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 310
Rainbow Engineering Associates Inc.
Proposal
• Scope of Work Requested:
This proposal is in response to a request by the City of Lomita to provide professional engineering service support within the Department of Public Works to assist in various projects as a consultant. • Employee Name: Sam Sampat, PE
• Project List:
- Zone G Street Reconstruction (various phases)
- Sidewalk repair program
- Appian Way Roof Replacement Project
- Stephenson Center renovation project
- Tom Rico and Railroad Museum Roof Replacement Project • Compensation:
Standard Rate Schedule
CLASSIFICATION HOURLY BILLING RATE
Proposed Sr. Project Managers for the City of Lomita .................................................... $90 Exhibit A
June 4, 2024, Reg. CC Mtg., Page # 311
1 TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Kathleen Horn Gregory, City Clerk
MEETING DATE: June 4, 2024
SUBJECT: Discussion and Consideration of Adopting Resolutions Calling for the November 5, 2024, General Municipal Election
RECOMMENDATION
Adopt Resolutions calling for the November 5, 2024, General Municipal Election and consolidation with the Statewide General Election.
BACKGROUND
In compliance with the State Election Code, the following Resolutions and procedures require City Council approval to conduct the Tuesday, November 5, 2024, General Municipal Election.
Resolution Calling for the Holding of a General Election To hold an election for City Councilmembers, the City is required to officially adopt a Resolution “Calling and Giving Notice of the holding of a General Municipal Election for the election of certain officers.”
Resolution Requesting Consolidation with Los Angeles County and Services of the Los Angeles County Registrar-Recorder/County Clerk’s Office This Resolution authorizes the City of Lomita to request approval for the consolidation of its election to the Los Angeles County Board of Supervisors and the RegistrarRecorder/County Clerk’s Office to render services to the City relating to the conduct of the General Municipal Election.
Resolution Setting Regulations for Candidates for Elective Office This Resolution establishes the regulations and guidelines for candidates running for elective office pertaining to candidate statements submitted to the voter at the election to be held on November 5, 2024.
Item No. SCH 8a
CITY OF LOMITA
CITY COUNCIL REPORT
June 4, 2024, Reg. CC Mtg., Page # 312
2 Once the election process has been initiated with the adoption of these Resolutions, the next steps involve public noticing of the election and opening of the nomination period.
The candidate filing period for the November 5, 2024, election will begin on Monday, July 15, 2024, and end on Friday, August 9, 2024, at 5:00 p.m. If any incumbent does not file by the filing date on August 9, 2024, the filing period will be extended five days to August 14, 2024.
During the nomination period, any registered voter residing in District 2 or District 4 who is not disqualified by the laws of the State of California from holding a civil office can request and file papers for candidacy.
Upon passage of these election Resolutions, the City Clerk will forward certified copies to the Los Angeles County Board of Supervisors and the County RegistrarRecorder/County Clerk to meet the filing deadline to properly schedule and initiate the City’s Municipal General Election.
OPTIONS:
1. Move staff recommendation
2. Provide further direction
FISCAL IMPACT
The estimated cost for the consolidated General Municipal Election to be held on November 5, 2024, is $100,000, though costs will vary depending on the number of agencies consolidating with the County. These costs have been included in the draft 2024-2026 biennial budget.
ATTACHMENTS:
1. Resolution Calling for the November 5, 2024, General Municipal Election
2. Resolution Requesting Consolidation and Services
3. Resolution Adopting Regulations for Candidates’ Statements Reviewed by: Approved by:
_____________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
__________________________
Kathleen Horn Gregory, MMC
City Clerk
June 4, 2024, Reg. CC Mtg., Page # 313
RESOLUTION NO. 2024-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF TWO (2) MEMBERS OF THE CITY COUNCIL AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirement of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lomita, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing two members of the City Council, one each from District 2 and District 4, for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Los Angeles and in compliance with the Elections Code of the State of California;
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Attachment No 1
June 4, 2024, Reg. CC Mtg., Page # 314
Resolution No. 2024-16
SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Los Angeles County Registrar-Recorder/County Clerk, the City Council, in accordance with Elections Code Section 15651(a), shall set a date, time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 9. The City Clerk is hereby directed to deliver a certified copy of this resolution with the Board of Supervisors of the County of Los Angeles and the Los Angeles County Registrar of Voters.
PASSED, APPROVED, AND ADOPTED this 4
th day of June 2024.
________________________
Bill Uphoff, Mayor
ATTEST:
___________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
___________________________
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 315
RESOLUTION NO. 2024-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE
CALIFORNIA ELECTIONS CODE
WHEREAS, a General Municipal Election has been called by the City of Lomita to be held on November 5, 2024, for the purpose of electing two members to the City Council, one each from District 2 and District 4, for the full term of four years; and,
WHEREAS, a Statewide General Election to be held in the County of Los Angeles has been or will be called to be held on November 5, 2024; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the County election department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of electing two members, one each from District 2 and District 4, to the City Council for the full term of four years.
SECTION 2. The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to authorize and permit the Registrar-Recorder/County Clerk of the County of Los Angeles to:
a) Print and supply ballots for said City of Lomita General Municipal Election; b) Mail the City’s sample ballots, voter information guides and candidate statements of qualifications to the electors of the City of Lomita as part of the same material that will be mailed to the voters of the Statewide General Election to be held in the County of Los Angeles;
Attachment No 2
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Resolution No. 2024-17
c) Perform such other services as may be required for the consolidation and conduct of said City of Lomita General Municipal Election with said Statewide General Election to be held in the County of Los Angeles.
SECTION 3. In accordance with Sections 10403, and 10418 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to canvass the returns of said Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Elections Code section 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
SECTION 4. The City shall reimburse the County of Los Angeles in full for the services performed on behalf of the City upon the presentation of a bill by the County.
SECTION 5. The City Clerk is hereby directed to deliver a certified copy of this resolution to the Board of Supervisors of the County of Los Angeles and to transmit an electronic copy to the Board of Supervisors and the RegistrarRecorder/County Clerk of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 4
th day of June 2024.
__________________________
Bill Uphoff, Mayor
ATTEST:
____________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 317
RESOLUTION NO. 2024-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: GENERAL PROVISIONS. Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Lomita on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities.
Pursuant to Section 13307(c) the City of Lomita authorizes the preparation of candidate statements for elective office for the purpose of electronic distribution. Candidates will prepare statements for electronic distribution pursuant to Section 13307(a) of the Elections Code. A statement prepared pursuant to this subdivision shall be posted on the internet website of the County Elections Official. Pursuant to Section 13307.7(a) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (d) of the Elections Code. Except as state above, the statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2: FOREIGN LANGUAGE POLICY.
a. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates’ statements into the following languages: Cambodian/Khmer, Chinese, Korean, Spanish, Tagalog/Filipino, Vietnamese, and any other languages as required by law.
Attachment No 3
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Resolution No. 2024-18
b. Pursuant to State law, the City Clerk shall, at the timely request of the candidate, provide a Spanish translation and printing of the candidate’s statement in the English version of the Voter Information Guide, at the expense of the candidate. c. The County will print and mail a separate translated Voter Information Guide, including the candidates’ statements, for Los Angeles County-conducted elections in the area where the City is located to those voters who are in the county voter file as having requested a Voter Information Guide in Cambodian/Khmer, Chinese, Korean, Spanish, Tagalog/Filipino, and Vietnamese, or other languages as required by law.
The County will make the Voter Information Guide, including the candidates’ statements, in the City’s required languages available on the County’s website, at all polling locations, and in the Election Official’s office.
SECTION 3: CANDIDATES’ STATEMENTS AVAILABILITY. Pursuant to California Elections Code Section 13313, the City Clerk shall have all candidates’ statements made available for public examination in the City Clerk’s Office for a period of ten (10) calendar days immediately following the filing deadline for submission of those documents.
SECTION 4: PAYMENT.
a. The candidate shall be required to pay for the cost of translating and printing the candidates’ statement into English and Spanish, if requested by the candidate, in the English version of the Voter Information Guide.
b. The candidate shall not be required to pay for the cost of translating and printing a separate translated Voter Information Guide, including the candidates’ statements, in Cambodian/Khmer, Chinese, Korean, Spanish, Tagalog/Filipino, Vietnamese or other languages as required by law.
c. The Registrar of Voters shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to Section 13307 of the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended. The City requires each candidate filing a statement to pay in advance to the City his or her pro rata share as a condition of having his or her statement included in the Voter Information Guide. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.
Accordingly, the City Clerk is not bounded by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.
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Resolution No. 2024-18