City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01533 12/5/2023 Consent Item 7.
Contract: 300 Richards LED Upgrades (C13001900)
File ID:2023-01533
Location: 300 Richards Boulevard, District 4, Represented by Mayor Steinberg Recommendation: Pass a Motion: 1) awarding a construction contract to Green Energy Products, Inc. in an amount not to exceed $361,077 for the 300 Richards LED Upgrade Project; and 2) authorizing the City Manager or the City Manager’s designee to execute the contract specified above.
Contact: Elizabeth Weeks, Senior Engineer, (916) 808-2330, [email protected]; Mark Brown, Supervising Engineer, (916) 808-7118, [email protected]; James Christensen, Facilities Manager, (916) 808-5863, [email protected]; Department of Public Works
Presenter: None
Attachments:
1-Description/Analysis
2-Contract- Green Energy Products, Inc.
Additional Description/Analysis
Issue Detail: On October 11, 2022, staff received City Council approval to waive competitive bidding and participate in the Sacramento Municipal Utilities District (SMUD)’s Complete Energy Solution (CES) program to perform cost-saving energy retrofits to City facilities (Motion Number 2022-0321).
The project involves the replacement of current lighting with Light Emitting Diodes (LED) lamps and fixtures for both interior and exterior lighting for the city facility at 300 Richards Blvd. The anticipated upgrades aim to yield annual savings of $65,701, resulting in a simple payback period of 5 and 1/2 years. Additionally, the reduction in energy usage is expected to reduce the carbon dioxide released into the atmosphere by approximately 100 metric tons per year.
Policy Considerations: The recommendation in this report is in accordance with City Code Section
3.60.170(D), which states that the restrictions and provisions of City Code requiring the award of
File ID: 2023-01533 12/5/2023 Consent Item 7.
contracts by competitive bidding shall not apply when, upon two-thirds vote of the City Council, it is determined that it is in the best interest of the City to suspend competitive bidding for any contract. In addition, the recommendations in this report are in accordance with City Code Chapter 3.60, which requires City Council approval for contracts over $250,000 or more.
Economic Impacts: The recommended contract is expected to create 1.44 jobs (0.83 direct jobs and 0.61 jobs through indirect and induced activities) and create $222,941 total economic output ($140,521 of direct output and another $82,420 of output in indirect and induced activities).
The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER shall be held responsible for consequences resulting from such differences.
Environmental Considerations:
California Environmental Quality Act (CEQA): The action is exempt from review under CEQA pursuant to CEQA Guidelines section 15301, as it involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The exemption covers interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; and similar facilities; restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. No environmental review is necessary.
Sustainability: As part of the City’s 2016 Climate Action Plan for Internal Operations (2016 IO CAP), the City committed to foster sustainability in government operations and community activities. Energy efficiency audits and retrofits are implementation actions in the 2016 IO CAP. Lighting retrofits will replace current lighting with higher-quality LED lighting and controls that save energy, reduce maintenance costs, and provide enhanced lighting quality. Reducing municipal energy use is a key strategy to reduce the City’s municipal greenhouse gas emissions (GHG).
This recommendation implements City Council-adopted goals for energy efficiency. The 2035 General Plan Policy Goal U 6.1.4 calls for the City to improve energy efficiency of City facilities to consume 25 percent less energy by 2030 compared to the baseline year of 2005. Retrofits to existing facilities are the primary strategy to meet energy reduction targets for existing City buildings. The
File ID: 2023-01533 12/5/2023 Consent Item 7.
recommendations in this report will also continue progress toward the City’s goal of carbon neutrality by 2045 by reducing greenhouse gas emissions from internal operations.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: On October 11, 2022, City Council passed Motion No. 2022-0321 suspending competitive bidding, authorizing the City’s participation in the SMUD CES program administered by TRC Companies, Inc. and for contracts that exceed City Code 3.60.080 threshold be brought back to City Council for approval.
Staff received the results of a lighting audit/CES Program proposal for the City facility located at 300 Richards Boulevard. Staff reviewed the proposal and support awarding the 300 Richards LED Upgrade Project construction contract to Green Energy Products, Inc. for an amount not to exceed $361,077. Green Energy Products, Inc. is a program contractor using the fixed program pricing as described in the SMUD CES proposal for 300 Richards.
Financial Considerations: Sufficient funding exists in the Energy Reinvestment Program (C13001900) General Fund, Fund 1001 to award a construction contract to Green Energy Products, Inc. in an amount not to exceed $361,077 and complete the 300 Richards LED Upgrade Project.
Local Business Enterprise (LBE): Green Energy Products, Inc. is an LBE.
Form approved by City Attorney 1-11-17 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 2023, is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and GREEN ENERGY PRODUCTS, INC., 201 HARRIS AVENUE, SUITE 15 SACRAMENTO, CA 95838 (“Contractor”) in the amount of THREE HUNDRED SIXTY- ONE THOUSAND SEVENTY -SEVEN DOLLARS AND ZERO CENTS ($ 361,077.00).
The City and Contractor hereby mutually agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:
Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to t he “Standard Specifications” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on November 10, 2020 (Resolution No. 2020-0354), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.
Form approved by City Attorney 1-11-17 2
2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.
3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail , except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.
4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, material and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:
ENERGY EFFICIENT LIGHT UPRADES 300 RICHARDS BLVD.
(PN: C13001918)
Including the Work called for in the following alternative bid items described in the Proposal Form:
NO ADD ALETERNATES
Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.
5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents , a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form.
In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be computed as follows:
A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form, Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price , or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item performed and/or furnished and incorporated in the Work ; provided that in no event shall the Form approved by City Attorney 1-11-17 3
total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.
6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:
A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month. After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.
B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.
C. Contractor shall not be paid for any defective or improper Work.
D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing , but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.
E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.
Form approved by City Attorney 1-11-17 4
F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.
7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate (s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to rec over the balance from Contractor or its Sureties.
8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the Work to final completion. The phase “commence the Work” means to engage in a continuous program on-site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work. The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance , provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discretion that conditions on the site of the Work are unsuitable for commencement of the Work . After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.
9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before NINETY (90) Calendar days from the date of the Notice to P roceed (hereinafter called the “ Completion Date ”) unless extensions of time are granted in accordance with the Contract Documents.
Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.
10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the Form approved by City Attorney 1-11-17 5
unsatisfactory character of such work or material was apparent or detected at the time such payment was made.
11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work , whether or not such defect or imperfection was previously noticed or identified by the City. The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.
Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials , if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same , subject only to any statutes of limitation that may apply to any such claim.
12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART
The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contr actor of any obligations under this Contract.
13. NO WAIVER OF REMEDIES
Neither the inspection by City, its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City , its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.
14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City , Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the C ity.
Form approved by City Attorney 1-11-17 6
Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.
In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, t he defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.
In addition to the above, the Contractor shall make a written assignment of all manufacturer’s and other product warranties to the City, prior to completion and final acceptance of the Work by City.
The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14 , and the Contractor and its Surety shall be jointly and severally liable for these obligations.
15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion ther eof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and /or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.
Form approved by City Attorney 1-11-17 7
B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $1000.00 for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.
The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contract Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8 -4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.
C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by law, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due or to become due to City. Any remaining balance of such payments shall be paid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation . If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full. No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.
16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not Form approved by City Attorney 1-11-17 8
(i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judgment ; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defe cts in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.
B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.
17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re -erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.
18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitat ion or restriction of any general liability or duty of Contractor , and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.
19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.
Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
Form approved by City Attorney 1-11-17 9
A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
(2) Au
tomobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non- owned, and/or hired autos as appropriate to the operations of the Contractor.
No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall appl y on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it.
(4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.
No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
Form approved by City Attorney 1-11-17 10
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors.
(2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers.
(3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI.
Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.
Form approved by City Attorney 1-11-17 11
E. Verification of Coverage
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
F. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.
20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify C ity in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so , and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.
Form approved by City Attorney 1-11-17 12
In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.
The Contractor shall be solely responsible for, and shall defend, indemnify and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section.
21. EXCUSABLE DELAYS
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by : acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.
The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, ( iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as dete rmined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.
22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer: (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay ; or (ii) if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and Form approved by City Attorney 1-11-17 13
completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.
23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension.
During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.
If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Doc uments. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract , excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.
24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with s uch other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.
25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Form approved by City Attorney 1-11-17 14
Contract Documents, nor shall such changes in the Work relieve or release the S ureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.
26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), by providing a written notice to Contractor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termina tion date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.
In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting , or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).
27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Laws or Regulations):
A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer , including fair and reasonable sums for overhead and profit on such Work;
Form approved by City Attorney 1-11-17 15
B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and
C. For reasonable expenses directly attributable to termination.
Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contractor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section . The City shall be entitled to have any or all remaining Work performed by other contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.
28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contrac t in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contracto r refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.
In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contrac tor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.
In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Suret ies shall be jointly and severally liable for all obligations imposed on Contractor hereunder.
Form approved by City Attorney 1-11-17 16
No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or estoppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.
29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, wi thout prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.
30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:
A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract , including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a one - year warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.
B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.
31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and for a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices, and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.
Form approved by City Attorney 1-11-17 17
32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:
A. Use Tax Direct Payment Permit: For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.
B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City.
Contractor and its subcontractors shall remit the self- accrued use tax to the SBE, and shall provide a copy of each remittance to the City.
C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.
33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.54, Non -Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter
3.54, entitled “Requirements of the Non- Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.54 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT
APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and Form approved by City Attorney 1-11-17 18
understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62, and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.
n
SMUD Complete Energy Solutions
Proposal
City of Sacramento - 300 Richards
August 28, 2023
Prepared for:
City of Sacramento - 300 Richards
300 Richards Ave.
Sacramento, CA 95811
This program is brought to you by SMUD and delivered by TRC and Brighton Energy.
Elizabeth Weeks 300 Richards Ave. Sacramento, CA 95811 Hello Elizabeth Weeks, Welcome to the Complete Energy Solutions (CES) program. We know how important it is to manage the energy costs for your business. By participating in this program, you can complete comprehensive energy retrofits and upgrades to ensure long-term energy and carbon reduction savings. Our goal is to help you offset some of the up-front costs, so you can improve your energy systems without adding financial stress. As your energy advisor, I’m here to guide you through the entire process and will help you review the assessment proposal, navigate the installation process, confirm upgrades are completed and ensure you receive your incentive in a timely manner. If financing is needed, I can provide options through the National Energy Improvement Fund’s (NEIF) online financing portal, which matches customer energy efficiency and gas-to-electric conversion projects with available financing options. We’re here for you. We will support you beyond project completion to make sure your business can take advantage of other SMUD solutions. Sincerely, Jeff Krisa [email protected] Proposal Overview: Savings and Costs This overview section outlines all the available measures for your business. The following sections will provide more detail on each measure category. After you have reviewed, please initial below next to each work order you approve. Your proposed energy efficiency measures Project Scope Electricity Saved (annual kWh) Simple Payback (yrs) Monthly Savings ($) Annual Savings ($) 5 Year Savings ($) Lighting 481,326.25 5.5 $5,475.09 $65,701.03 $328,505.16 Total 481,326.25 $5,475.09 $65,701.03 $328,505.16 Project impact Environmental benefits By implementing the energy efficiency measures outlined in this proposal, your first year project impact will be:
Proposal Overview – Project Costs Summary Project Scope Material Cost ($) Labor Cost ($) SMUD Incentive ($) Customer Cost ($) Lighting $233,502.46 $180,519.6 $52,945.89 $361,076.18 Total $233,502.46 $180,519.6 $52,945.89 $361,076.18 Initial to approve work order(s): Lighting ___________________
Go Electric
Electrification projects can substantially change a load profile. The CES team can assist with the future load impacts and help to determine if the existing infrastructure is adequately sized via the submittal of a SMUD Infrastructure Capacity Evaluation (ICE).
Benefits
California’s buildings represent about 25% of the state’s total greenhouse gas emissions. Making the switch to electric and removing fossil fuels, is an important part of a comprehensive energy strategy contributing to greenhouse gas reductions. Consider these benefits:
• Greenhouse gas reduction: Eliminating natural gas for cooking, space heating and water heating within your commercial property reduces greenhouse gas emissions by 25 to 46 percent. • Maintenance costs: Eliminates routine checks, maintenance and repair of natural gas infrastructure.
• Heat pumps for space heating and water heating: Replacing your gas-fired heating equipment with electric heat pumps is a step towards a more efficient, healthier community. While a gas-fired unit works by burning natural gas to create heat, a heat pump works by moving heat. Heat is moved from the surrounding air to heat your building or water. Because a heat pump is moving energy as opposed to creating it, a heat pump can be greater than three times more efficient than a gas-fired unit.
• Induction cooking: Induction cooktops are not only safe and energy efficient, but they also improve your kitchen’s air quality compared to a gas-fired stovetop. Induction cooktops produce zero kitchen pollution while natural gas stoves can release carbon monoxide, formaldehyde and other harmful pollutants into the air. Because the cooktop’s heat is focused on the pan and nowhere else, less heat is wasted, leading to a cooler kitchen and reducing the risk of burns and accidental fires.
• Contribution to SMUD’s 2030 Zero Carbon Plan: By switching from gas to electric equipment, you are reducing your carbon impact and positively impacting the environment. SMUD’s ambitious goal of reaching zero carbon emissions in the power supply by 2030 cannot be done without customers or community partners, and your participation will help in reaching the goal.
Lighting Project scope Existing Equipment Recommended Upgrade: Location AHO Existing Fixture Quantity Existing Wattage Existing Fixture Description Proposed Fixture Quantity Proposed Fixture Description Proposed Wattage kWH Saved 1st FL Police - EE svs, Hall, Locker, Peer Support & Ro 8736 93 56 Fluorescent 48", (2) T8 lamps, BF normal 93 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 30,028.08 1st FL - Lobby, Elevator - Cans 8736 72 33 CFL, 26W, quad, mag ballast 72 12W 8" CAN RETROFIT MW MCCT - LEDONE 10 16,202.83 1st FL Police - Data, Custodial, 182 & Closet Rms 925 12 56 Fluorescent 48", (2) T8 lamps, BF normal 12 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 410.26 2nd FL City - Rm 200,220,207, Mom's Rm & Training 3120 46 56 Fluorescent 48", (2) T8 lamps, BF normal 46 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 5,304.50 1st FL Police - Restroom - EMB Cans 3120 0 0 0 4 EMERGENCY BALLAST 15W 90MIN 0 0.00 1st FL Police - Locker Rm 8736 14 42 CFL, 42W, screw base 14 12W 8" CAN RETROFIT MW MCCT - LEDONE 10 4,383.38 Exterior - Wallpack 4368 1 294 Metal halide, (1) 250W lamp, mag ballast 1 60W WALLPACK 5000K MW - LEDONE 60 1,022.11 1st FL Police - Break. Spec Ops,173-174, 151 8736 71 56 Fluorescent 48", (2) T8 lamps, BF normal 71 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 22,924.66 1st FL Police - Womens Locker Rm - 8' Strip 8736 2 57 Fluorescent, 96" (1) T8 lamp 2 36W 4FT MAG STRIP 4000K NON-DIMM (2 STRIPS) 36 410.94 Existing Equipment Recommended Upgrade: Location AHO Existing Fixture Quantity Existing Wattage Existing Fixture Description Proposed Fixture Quantity Proposed Fixture Description Proposed Wattage kWH Saved 1st FL Police -Spec Locker, W ele Lobby, 162-166, 178-1 8736 27 56 Fluorescent 48", (2) T8 lamps, BF normal 27 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 8,717.83 1st FL Police - Gym 8736 39 56 Fluorescent 48", (2) T8 lamps, BF normal 39 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 12,592.42 3rd FL - CDD 3120 366 56 Fluorescent 48", (2) T8 lamps, BF normal 366 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 42,205.36 1st FL - Lobby, Display Case - Linears 8736 8 56 Fluorescent 48", (2) T8 lamps, BF normal 8 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 2,504.79 1st FL Police - Womens Locker Rm - Cans 8736 14 33 CFL, 26W, quad, mag ballast 14 12W 8" CAN RETROFIT MW MCCT - LEDONE 10 3,150.55 2nd FL City - RR & 220 - Strip Fixtures 3120 14 56 Fluorescent 48", (2) T8 lamps, BF normal 14 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 1,565.49 1st FL Police - Rm 160 8736 4 84 Fluorescent 48", (3) T8 lamps, BF normal 4 36W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 36 1,878.59 1st FL Police - Break. Storage, 173 Rms & W Lobby - 2x2 8736 19 59 U-Tube, (2) lamps 19 22W 2x2 TROFFER RETRO KIT 4000K - ESPEN 22 6,878.38 Existing Equipment Recommended Upgrade: Location AHO Existing Fixture Quantity Existing Wattage Existing Fixture Description Proposed Fixture Quantity Proposed Fixture Description Proposed Wattage kWH Saved 1st FL Police - Stairwells (3) 8736 25 56 Fluorescent 48", (2) T8 lamps, BF normal 25 25W STAIRWELL STRIP FIXTURE 4FT 4000K W/ EBLST - ALEO 25 7,582.85 2nd FL City - RR Lobby & Hall - 6" Cans 8736 30 33 CFL, 26W, quad, mag ballast 30 7W 6" CAN RETROFIT MW MCCT - LEDONE 7 7,631.77 1st FL Police - Main & Bike Electrical Rms 925 9 56 Fluorescent 48", (2) T8 lamps, BF normal 9 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 298.37 2nd FL Police - RTCC, Investigations & K9 8736 111 56 Fluorescent 48", (2) T8 lamps, BF normal 111 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 35,839.96 2nd FL City - Parking 3120 102 56 Fluorescent 48", (2) T8 lamps, BF normal 102 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 11,762.15 1st FL - Front, West & Back Halls & Forensic Office- Ca 8736 38 33 CFL, 26W, quad, mag ballast 38 7W 6" CAN RETROFIT MW MCCT - LEDONE 7 9,666.91 2nd FL City - Development Open Office - 2x2 3120 6 59 U-Tube, (2) lamps 6 22W 2x2 TROFFER RETRO KIT 4000K - ESPEN 22 775.76 2nd FL Police - Latent & Lat Office, Metro Open & Conf 8736 141 56 Fluorescent 48", (2) T8 lamps, BF normal 141 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 45,526.44 Existing Equipment Recommended Upgrade: Location AHO Existing Fixture Quantity Existing Wattage Existing Fixture Description Proposed Fixture Quantity Proposed Fixture Description Proposed Wattage kWH Saved 3rd FL -Rm 329 Telecom 3120 2 56 Fluorescent 48", (2) T8 lamps, BF normal 2 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 223.64 Exterior - Bollards 4368 13 128 Metal halide, (1) 100W lamp, mag ballast 13 16.5 Watt LED A21 5000K (W BALLAST BYPASS LABOR) 16.5 6,331.42 1st FL Police - Open Offices 8736 88 56 Fluorescent 48", (2) T8 lamps, BF normal 88 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 28,413.67 2nd FL Police - Rms 241-268, 271-281, 293-295 8736 51 56 Fluorescent 48", (2) T8 lamps, BF normal 51 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 16,467.01 Exterior - Soffit Cans 4368 6 88 Metal halide, (1) 70W lamp, mag ballast 6 12W 8" CAN RETROFIT MW MCCT - LEDONE 10 2,044.22 1st FL - Lobby EMB Cans 3120 0 0 0 4 EMERGENCY BALLAST 15W 90MIN 0 0.00 1st FL Police - Restroom - Linears 8736 10 56 Fluorescent 48", (2) T8 lamps, BF normal 10 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 3,130.98 3rd FL - Comm Svs. - Hallway 8736 27 33 CFL, 26W, quad, mag ballast 27 7W 6" CAN RETROFIT MW MCCT - LEDONE 7 6,868.59 2nd FL City - IT Storage 925 4 56 Fluorescent 48", (2) T8 lamps, BF normal 4 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 136.75 Existing Equipment Recommended Upgrade: Location AHO Existing Fixture Quantity Existing Wattage Existing Fixture Description Proposed Fixture Quantity Proposed Fixture Description Proposed Wattage kWH Saved 3rd FL -Rm 323-329/330-339,357 & Supply 3120 68 56 Fluorescent 48", (2) T8 lamps, BF normal 68 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 7,841.43 2nd FL City - RRs - 8" Cans EMB 3120 0 0 0 4 EMERGENCY BALLAST 15W 90MIN 0 0.00 Exterior - Police Exit 4368 2 29 Fluorescent 48", (1) T8 lamp, BF normal 2 12W TLED B TYPE 4000K (1 LAMP - REMOVE BALLAST) - ESPEN 12 148.51 3rd FL - RRs (3) & Elevator Lobby - Strip Fixtures 3120 13 56 Fluorescent 48", (2) T8 lamps, BF normal 13 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 1,453.67 Exterior - Pole Lighting 4368 36 294 Metal halide, (1) 250W lamp, mag ballast 36 100W AREA LIGHT 5000K 277V - FALKOR 100 30,506.11 2nd FL Police - Halls - Cans 8736 16 33 CFL, 26W, quad, mag ballast 16 7W 6" CAN RETROFIT MW MCCT - LEDONE 7 4,070.28 1st FL Police - Restroom - Cans 8736 14 33 CFL, 26W, quad, mag ballast 14 12W 8" CAN RETROFIT MW MCCT - LEDONE 10 3,150.55 1st FL Police - Rooms, File Rm, Offices 115-136 8736 27 56 Fluorescent 48", (2) T8 lamps, BF normal 27 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 8,717.83 1st FL Police - Forensics, Forensics Office & Bike Offi 8736 127 56 Fluorescent 48", (2) T8 lamps, BF normal 127 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 41,006.09 3rd FL - RRs - 8" Cans EMB 3120 0 0 0 4 EMERGENCY BALLAST 15W 90MIN 0 0.00 Existing Equipment Recommended Upgrade: Location AHO Existing Fixture Quantity Existing Wattage Existing Fixture Description Proposed Fixture Quantity Proposed Fixture Description Proposed Wattage kWH Saved 1st FL Police - Electric Rms - linears 925 2 56 Fluorescent 48", (2) T8 lamps, BF normal 2 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 66.30 3rd FL - RRs - 8" Cans 3120 16 42 CFL, 42W, screw base 16 12W 8" CAN RETROFIT MW MCCT - LEDONE 10 1,789.13 3rd FL - CDD & Public Counter - 2x2 3120 8 59 U-Tube, (2) lamps 8 22W 2x2 TROFFER RETRO KIT 4000K - ESPEN 22 1,034.34 3rd FL -Rm 317,320, IT, Offices(4), Public Counter & Co 3120 154 56 Fluorescent 48", (2) T8 lamps, BF normal 154 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 17,758.54 2nd FL City - Development Open & Closed Offices 3120 115 56 Fluorescent 48", (2) T8 lamps, BF normal 115 23W 2x4 TROFFER RETRO KIT 4000K - ESPEN 23 13,261.25 2nd FL Police - Metro Open Offices, Latent & Invest - 2 8736 9 59 U-Tube, (2) lamps 9 22W 2x2 TROFFER RETRO KIT 4000K - ESPEN 22 3,258.18 2nd FL Police - Elevator lobby, Interview & Micro Elect 8736 14 56 Fluorescent 48", (2) T8 lamps, BF normal 14 24W TLED B TYPE 4000K (2 LAMP - REMOVE BALLAST) - ESPEN 24 4,383.38 Miscellaneous Lift Fee 1 $1,957.50 Miscellaneous Recycle Fee 1 $3,800.00 Miscellaneous Bond Fee 1 $23,435.00 Customer journey
Customer participation agreement Elizabeth Weeks 300 Richards Ave. Sacramento, CA 95811 By signing this Customer Participation Agreement (“Agreement”), Customer (the business entity listed above) agrees to the following Terms and Conditions: Measures and Incentives: I have reviewed the Energy Efficiency Upgrade Summary and Report (“Report”) provided by the Complete Energy Solutions Program (“Complete Energy Solutions”, “CES” or “Program”), a copy of which is attached to this Agreement. I agree that to the best of my knowledge the schedule of operations contained in the Report accurately describes the hours of operation at the facility listed above. I understand that the energy efficiency, electric vehicle, and Go-Electric measures described in the Report represent an estimate of expected energy savings and/or bill impacts, and that Complete Energy Solutions does not guarantee a specific level of cost savings from the implementation of the proposed energy efficiency measures (collectively, the “Project”). Complete Energy Solutions is administering the Project on the Customer’s behalf. Customer agrees to participate in SMUD’s Complete Energy Solutions Program provided in partnership with TRC Companies. Incentives for energy savings are calculated using the appropriate baseline to exceed California Title 20 and Title 24 standards. New products ordered, purchased, or installed prior to 4/1/20 or after 12/31/23 do not qualify for an incentive. Resale products, products leased, rebuilt, rented, received from warranty of insurance claims, exchanged, won as a prize, or new parts installed in existing products do not qualify for incentives. SMUD is not responsible for the economic and technical feasibility, operational capability, and reliability of the Project. Program Dates: To be eligible for incentives, all projects must be installed and completed before December 31, 2023. Funding of incentives is distributed on a first-come first-served basis. Project Commitment and Installation Completion Process: I understand that I must have a signed Site Access Agreement on file to confirm Program eligibility, as well as this signed Customer Participation Agreement to initiate installation. For each work order, I agree to have Complete Energy Solutions contact (a) participating contractor(s) (“Contractor”) who will perform a walk-through inspection, review the scope of the Projects outlined in the Report, and schedule the Project installation at a time that is mutually agreeable to all parties. I understand that the total installed costs for the components of the Project are described in the attached listing of individual work orders. Costs for correcting electrical code violations are not included in the costs quoted above and are not covered by the Program. Any electrical code violations found during the Contractors’ inspections or during installation will be cause for the Contractor to stop work on the affected item(s) until such violations are corrected. I understand that the contractor walk-through may result in a Change Order due to specification or electrical code violations and that I will be notified and approve of any cost adjustments before additional work is completed. Contractors are responsible for all on-site permitting and being properly equipped to conduct work on Program projects.
I will sign an agreement with each Contractor, which shall be solely between the Contractor and Customer, for the out-of-pocket portion of the Project costs. I understand that Complete Energy Solutions will provide an incentive, detailed in the work order listing, to offset the cost of the Project installations, and the incentive can be paid directly to the Contractors. I understand that I am responsible for paying the balance of the agreed-to contract price after incentive payment and that payment is due to the Contractor upon completion of the individual work order. By enrolling in the Program, I agree not to seek reimbursement from any other energy efficiency program for the same measures incentivized under other programs. I understand that I am responsible for reimbursing the Program should I receive other incentive payments for the same measures. At the completion of the Project, I agree to sign the Customer Acceptance/Project Completion Form presented by the Contractor on TRC Companies’ behalf. The value of incentives and direct installations is taxable, excluding energy efficiency related items. Program will report incentives and direct installations greater than $600 to the IRS unless you are exempt. Please consult your tax advisor concerning the taxability of incentives. The Customer, not the Program, is responsible for any taxes imposed as a result of your receipt of incentives from this Program. Form 1099 will be issued for the Customer, regardless of who the payee is, because the Customer receives the benefits of the incentives. For projects involving added load to a customer site, a SMUD Infrastructure Capacity Evaluation (ICE) must be submitted and returned to analyze the available existing transformer capacity. The CES team will help to fill out the form and submit it to SMUD. Additional load may require a Rule 16 application which requires a deposit, payable to SMUD, along with other associated infrastructure costs or fees. If a customer moves forward on a project in which the added load may exceed the existing infrastructure capacity, the CES team will work to identify all added costs or liabilities associated before the project commences. I hereby authorize SMUD to share my business contact information with the Business Environmental Resource Center (BERC) of Sacramento County, for the purpose of qualifying my business for BERC programs, including BERC’s Sacramento Area Sustainable Business program, following completion of project. This authorization will remain valid until revoked by me in writing. I may revoke this authorization at any time by providing written notice to SMUD. I hereby indemnify and forever hold SMUD harmless from any and all actions and causes of actions, suits, claims, attorney’s fees, or demands against SMUD, which I or my heirs may have resulting from SMUD sharing my business contact information with BERC. Customers receiving the SMUD Business Electricity Reports may see a change in the energy efficiency recommendations in future reports due to TRC Companies updating your business profile. Updating your business profile helps SMUD provide more relevant information in future reports.
Customer approval I have read and understood the Terms and Conditions of this Agreement. I certify that the information I have provided is true and correct. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. □ I agree to assign my incentive to the Contractor. I understand that whether I assign the incentive to the Contractor or not, I remain the beneficiary of the incentive(s) and may receive a Form 1099 for which I am responsible. □ Check this box if you do not agree to release the Project name, photos and other relevant Project information to SMUD Complete Energy Solutions, TRC (implementor), and their agents for use in reports, case studies and other materials for this Program. □ The Electric Vehicle Service Equipment (EVSE) incentives are handled and processed through a collaboration with SMUD and/or through the CALeVIP Program. I will follow SMUD’s Electric Vehicle or CALeVIP guidelines if pursuing incentives. As shown in the proposed items cost section, customer Out of Pocket Cost is $361,076.18. Customer SMUD Complete Energy Solutions Customer Representative: Elizabeth Weeks Energy Advisor:Jeff Krisa City of Sacramento - 300 Richards Brighton Energy 300 Richards Ave. 2701 Cottage Way, Suite 11 Sacramento, CA 95811 Sacramento, CA 95825 Phone: (916) 808-2330 Phone: (916) 804 2762 Email: [email protected] Email: [email protected] _______________________________ Customer Representative’s Title _______________________________ Customer Representative’s Printed Name _______________________________ Customer Representative’s Signature _______________________________ Date