FISCAL IMPACT
Lease Income in the amount of $370,527 will be deposited into the SARTC Operations Rental – Aldridge Electric, Inc. revenue account (No. 06717002-53826) for future appropriations.
Lease and License Agreement Term (February 20, 2022, through February 19, 2024) Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit,
Account Description Amount
2021-22
(Feb-June) 06717002-53826
Regional
Transportation
Center
PWA- SARTC Operations,
Rental – Aldridge Electric $44,510
2022-23
(July-June) 06717002-53826
Regional
Transportation
Center
PWA- SARTC Operations,
Rental – Aldridge Electric $123,509
2023-24
(July-Feb) 06717002-53826
Regional
Transportation
Center
PWA- SARTC Operations,
Rental – Aldridge Electric $78,999
Lease and License Agreement 1-year Renewal Option
(February 20, 2024, through February 19, 2025)
2023-24
(Feb-June) 06717002-53826
Regional
Transportation
Center
PWA- SARTC Operations,
Rental – Aldridge Electric $44,510
2024-25
(July-Feb) 06717002-53826
Regional
Transportation
Center
PWA- SARTC Operations,
Rental – Aldridge Electric $78,999
Total: $370,527
EXHIBIT(S)
1. Third Amendment to Site Lease Agreement with Aldridge Electric, Inc.
Submitted By: Nabil Saba, Executive Dir Public Works
Approved By: Kristine Ridge, City Manager
City Council 18 – 2 2/15/2022
1 THIRD AMENDMENT TO LEASE AGREEMENT WITH
ALDRIDGE ELECTRIC, INC.
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on February 15, 2022, by and between Aldridge Electric, Inc. (“Tenant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2019-029, dated February 19, 2019 (“Lease Agreement”), by which City leased to Tenant certain office space at the Santa Ana Regional Transportation Center for Tenant’s business operations (“Premises”).
B. On June 18, 2019, the parties entered into First Amendment No. A-2019-029-01, by which the City amended the Lease Agreement to expand the square footage of the Premises being leased by Tenant and to provide for Tenant’s correct entity name.
C. On April 7, 2020, the parties entered into Second Amendment No. A- 2019- 029- 02 to expand the square footage of the Premises, extend the Term through February 19, 2022, provide additional extension periods of up to twenty-four (24) months on a month-to-month basis, and increase the monthly rent to Eight Thousand Three Hundred Dollars ($8,300), with any partial month prorated at $273 per day.
D. The parties now wish to further amend the Lease Agreement to extend the term of the Lease for two years from February 20, 2022 with a one-year renewal option, update insurance requirements and increase the monthly rent.
The Parties therefore agree:
1. Section 3, Commencement of Term, is amended to extend the Term of the Lease Agreement from February 20, 2022 to February 19, 2024
2. Section 5, Extension Periods, is amended such that the Term of the Lease Agreement may be extended by mutual agreement of the Parties for up to one (1) one (1) year renewal period. All other terms of Section 5, as applicable, shall remain in effect.
3. Section 6, Rent, is amended such that, effective February 20, 2022, the Rent payable under the Lease Agreement shall be the monthly sum of Ten Thousand Three Hundred Sixty-One $10,361 per month, with any partial month prorated at $341 per day.
4. Section 17, Insurance, is hereby deleted in its entirety and replaced with the following:
Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Tenant, his agents, representatives, employees or subcontractors.
EXHIBIT 1
City Council 18 – 3 2/15/2022
2 A. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Tenant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Tenant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Tenant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Tenant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Tenant’s insurance and shall not contribute with it.
City Council 18 – 4 2/15/2022
3 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Tenant hereby grants to City a waiver of any right to subrogation which any insurer of said Tenant may acquire against the City by virtue of the payment of any loss under such insurance. Tenant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Tenant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Tenant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
8. Verification of Coverage: Tenant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Tenant’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City Council 18 – 5 2/15/2022
4 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
5. Except as modified by this Third Amendment, and the First and Second Amendments, all terms and conditions of the Lease Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Lease Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM ALDRIDGE ELECTRIC, INC.
SONIA R. CARVALHO, City Attorney
By:___________________________ _______________________________ Jose Montoya Gene Huebner
Assistant City Attorney Chief Financial Officer
RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
City Council 18 – 6 2/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: On-Call Electrical Repair and Rehabilitation Services
AGENDA TITLE
Approve Agreements with Inter-Pacific, LEED Electric, Inc., and M. Brey Electric, Inc. for On-Call Electrical Repair and Rehabilitation Services, for a Total Amount Not to Exceed $6,000,000 for up to a Five-Year Term (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Inter-Pacific, LEED Electric, Inc., and M. Brey Electric, Inc. to provide on-call electrical repair and rehabilitation services, for a three-year period beginning February 15, 2022 and expiring February 14, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $6,000,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,000 service connections.
The City’s water system heavily relies on complex electrical systems to operate the various reservoir stations, well sites, lift stations, interconnections, pressure-reducing valves, and the facilities that house them. Licensed electricians with specialized knowledge in these systems are needed to perform regular maintenance, installation, repair, and replacement to ensure machinery is operating efficiently and effectively.
On October 14, 2021, the Public Works Agency issued Request for Proposals (RFP) 21- 122 for on-call electrical repair and rehabilitation services. The RFP was advertised on the City’s online bid management and publication system with bids due on November 16, 2021. Forty-one vendors were notified and 39 vendors downloaded proposal files. Four proposals were received and evaluated by a selection committee. Based on the criteria City Council 19 – 1 2/15/2022
Agreement for On-Call Electrical Repair and Rehabilitation Services February 15, 2022
as outlined in the RFP, all of the proposals received were categorized as responsive, and their respective scores are as follows:
FIRM LOCATION PROPOSAL SCORE
Inter-Pacific Tustin 91
LEED Electric, Inc. Beaumont 88
M. Brey Electric, Inc. Fallbrook 74
Polar Electrical Company Santa Fe Springs 63
In accordance with the RFP scores, staff recommends entering into agreements with Inter-Pacific, LEED Electric, Inc., and M. Brey Electric, Inc. to provide on-call electrical repair and rehabilitation services for the Water Resources Division (Exhibit 1-3). The proposals demonstrated high levels of technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are budgeted and available for expenditure in the current fiscal year and will be budgeted in future fiscal years, including the renewal option, based on the needs of the Water Resources Division. The following is an estimate of expenditures by fiscal year:
Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (3-Year Term)
2021-22
(Feb-June) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$350,000
2022-23
(July-June) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$1,200,000
2023-24
(July-June) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$1,200,000
City Council 19 – 2 2/15/2022
Agreement for On-Call Electrical Repair and Rehabilitation Services February 15, 2022
Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2024-25
(July-Feb) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$850,000
Optional Two-Year Extension
2024-25
(Feb-June) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$350,000
2025-26
(July-June) 06017640-62300 Water Fund $1,200,000
2026-27
(July-Feb) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$850,000
Total: $6,000,000
EXHIBIT(S)
1. Agreement with Inter-Pacific
2. Agreement with LEED Electric, Inc.
3. Agreement with M. Brey Electric, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 19 – 3 2/15/2022
AGREEMENT TO PROVIDE ON-CALL ELECTRICAL REPAIR AND
REHABILITATION SERVICES
THIS AGREEMENT is made and entered into this 15th day of February 2022 by and between Inter-Pacific, Inc., an Illinois corporation dba Inter-Pacific Systems, Inc. (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On October 14, 2021, the City issued Request for Proposal No. 21-122, by which it sought a qualified contractor to provide on-call electrical repair and rehabilitations services for the City’s Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-122.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-122, which is attached as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-122. The total compensation for services provided by all contractors selected under RFP No. 21-122, including any extension period, shall not exceed the shared aggregate amount of six million dollars and zero cents ($6,000,000).
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
City Council 19 – 4 2/15/2022
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on February 15, 2022 and terminate on February 14, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
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 being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all City Council 19 – 5 2/15/2022
Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such City Council 19 – 6 2/15/2022
work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
City Council 19 – 7 2/15/2022
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
City Council 19 – 8 2/15/2022
Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council 19 – 9 2/15/2022
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Inter-Pacific Systems, Inc.
1421 Edinger Ave., Unit A
Tustin, CA 92780
Attn: Richard Kuk, President
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument City Council 19 – 10 2/15/2022
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply City Council 19 – 11 2/15/2022
with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[signatures continued on next page]
City Council 19 – 12 2/15/2022
City Council 19 – 13 2/15/2022
EXHIBIT A
City Council 19 – 14 2/15/2022
City Council 19 – 15 2/15/2022
City Council 19 – 16 2/15/2022
City Council 19 – 17 2/15/2022
City Council 19 – 18 2/15/2022
City Council 19 – 19 2/15/2022
City Council 19 – 20 2/15/2022
City Council 19 – 21 2/15/2022
EXHIBIT B
City Council 19 – 22 2/15/2022
1 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
Bid for:
RFP No.: 21-122
ON-CALL ELECTRICAL REPAIR AND
REHABILITATION SERVICES
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
22 S. Daisy Avenue, Bldg A
Santa Ana, CA 92703
Attn: Armando Fernandez, P.E.
Bid Deadline: November 16, 2021 4:00PM PDT
Inter-Pacific, Inc.
1421 Edinger Ave Unit A
Tustin, CA 92780
C-7, C-10 License #917831
Enoch Kang
Project Engineer
949-529-5977 x204
[email protected]
Richard Kuk
President
949-529-5977 x107
[email protected]
Central Office
1278 Barclay Blvd
Buffalo Grove, IL 60089
FEIN 20-0514362
GSA Contract GS-07F-5611P
Cage Code 3A4G3
DUNS #083763834
SEALED BID – CONFIDENTIAL – DO NOT OPEN UNTIL BID OPENING City Council 19 – 23 2/15/2022
2 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
November 16, 2021
To:
City of Santa Ana
Public Works Agency
220 S. Daisy Avenue, Bldg A
Santa Ana, CA 92703
Attn: Armando Fernandez:
We [Inter-Pacific] are herein submitting our response to the Santa Ana On-Call Electrical Services Request For Proposal. We confirm that all elements of the RFP have been considered and that we are qualified and capable of performing all work that has been proposed. In addition, we are willing to enter a contract under the terms and conditions prescribed by this RFP.
Inter-Pacific is a nationwide integrator of video surveillance, networking, and AV products with offices near Chicago since 2002 and in Tustin, CA since 2014. Inter-Pacific provides complete System Integration services including design and engineering for the Federal, State, and Municipal government agencies. You will find that our experience includes work on projects of similar or greater scope providing quality, value, and service that meets and exceeds expectations. Our employees and staff have the necessary knowledge and experience to complete minor electrical maintenance to major electrical upgrades. show a great deal of commitment towards the work of our clients. Inter-Pacific is a Veteran owned, SBA certified 8(a) Disadvantaged Minority Enterprise. We strongly hope that our bid will be considered positively.
We look forward to working with you.
Enoch Kang,
Project Engineer
Richard Kuk,
Project Manager / President
City Council 19 – 24 2/15/2022
3 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
Table of Contents
1. Title Page
2. Letter of Interest
3. Table of Contents
4. Executive Summary
5. Company Profile
6. Previous Relevant Projects
7. Corporate Hierarchy and Key Personnel
8. Cost Proposal
9. Required Forms and Documents
City Council 19 – 25 2/15/2022
4 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
4. Executive Summary
Inter-Pacific understands that The City of Santa Ana is seeking proposals from firms that would be able and willing to offer On-Call electrical services for the Well 32 and Chemical Building sites. We propose that our services will meet or exceed all expectations outlined in the RFP.
We have professionally designed and installed large-scale electrical solutions for nearly twenty years. We have successfully completed electrical upgrades for colleges, school districts, and several other city public works projects. Inter-Pacific offers “one-stop” solutions for conduit installation, wiring pulling, and start up/testing of various types of generators.
Our dedicated engineers and installers stand ready to ensure City of Santa Ana expectations and requirements are met. We have reviewed all additional drawings for the site and VFD specifications and are pleased to provide a total bid of $778,573.20 thanks to outstanding relationships we have with our conduit and wiring suppliers. If you have any questions about our proposal, please reach out to me at (949) 529-5977.
Respectfully,
Richard Kuk
President
City Council 19 – 26 2/15/2022
5 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
5. Company Profile
Inter-Pacific is a nationwide integrator of video surveillance, networking, and AV products with offices near Chicago since 2002 and in Tustin CA since 2014. Inter-Pacific provides complete System Integration services including design and engineering for the Federal, State, and Municipal government agencies. You will find that our experience (“Experience and References”) includes work on projects of similar or greater scope. Inter-Pacific is a Veteran owned, SBA certified 8(a) Disadvantaged Minority Enterprise.
Services available and/or provided by Inter-Pacific, Inc:
o Full CCTV/ Video Surveillance design, integration and installation o Lighting Upgrades
o UPS and Generator Installation and Maintenance
o Structured Cabling and Network Installation
o Fiber Optic cabling, Connection and Switching
o Wireless Integration
o Control Room and Public Address systems
o Access Control and Communication
o Trenching and Boring
Inter-Pacific is an Authorized Solution Provider for:
● Axis Communications
● Genetec
● Pelco
● Bosch
● Cisco
● Hanwha Techwin (Samsung)
● Sony
Inter-Pacific’s competitive advantage over
other A/E firms is our relationship with numerous manufacturers and experience of completing many Design to Build projects. We have handled all phases of complex video surveillance projects to ensure the system’s design and features meet the needs of the end users. Inter-Pacific shall collaborate with District, District advisors, and local agencies as necessary to capture existing conditions, develop an installation plan and complete the turnkey system.
Insurance and Bonding:
Inter-Pacific, Inc. is fully insured and bonded. Limits include $1 million per occurrence, $2 million general aggregate. Certificate of Liability Insurance can be provided.
Additional information can be found on the website at www.inter-pacific.com.
Vivotek
Firetide
ExacqVision
Milestone
OnSSi
Geovision
City Council 19 – 27 2/15/2022
6 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
6. Previous Relevant Projects
Saddleback College – IT IDF Room ePower Project
Installation of new underground wiring and conduit, electrical panels, transformers, receptacles, access panels, thermostats, junction boxes, submersible electrical vaults, and steel cable troughs.
Contact: Louis Sessler, (949) 582-4947, [email protected] Location: 28000 Marguerite Parkway, Mission Viejo, CA 92692 Original Value: $399,000.00 (including $42,000.00 allowance) Total Value: $377,557.07
Period of Performance: January 27, 2020 – July 7, 2020
City of Pico Rivera - Electrical Panel Replacement at Plant No. 2 Capital Improvement Project No. 21297
Electrical power upgrade for Water Plant. Installed new transformer, replaced new Main Switch Board (MSB) and Motor Control Center (MCC). New electrical feed from SoCal Edison with trenching and new concrete pads.
Contact: Gabriel Gomez, (714) 732-0398, [email protected] Location: 8316 Washington Blvd, Pico Rivera, CA 90660
Original Value: $325,000.00
Total Value: $334,689.21 (addition of cam locks on MSB, grounding rod and well) Completion: August 2017 – February 2018
City of Santa Ana - Lighting Upgrade, Structured Cabling, & Camera Systems LED Lighting upgrade of all City Water Plants, including installing light poles and Camera Systems.
Personnel involved: Evan Kao, Project Engineer, Ben Hurtado, Primary Electrician Contact: Cesar Barrera, 714-673-3408, [email protected] Location: Water Resources Division, Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701 Original Value: $136,480
Total Value: $160,560
Period of Performance: September 2017 – March 2019
City of Santa Ana – City Yard Electrical and Communication Upgrade.
Ran conduit and installed 85 Cosa Private Network, 9 SCADA, and 3 PLC drops from TR room and Server room electrical panels to 1st floor Control room and 2nd floor open area. New junction boxes and face plates to accommodate all new drop locations.
Contact: Miguel Renteria, 714-586-6294, [email protected] Location: Santa Ana City Yard 220 S. Daisy Ave, Santa Ana, CA 92703 Original Value: $80,191.45
Total Value: $114,559.25
Period of Performance: May 2021
Kern County Superintendent of Schools - WAN Fiber Network Installation of new WAN fiber network connecting 3 schools within Kern County Unified School District. Provided boring and placement of manholes and conduit over 2 miles to provide high speed network connectivity. Provide pathways, fiber terminations, single mode fiber optic patch cables, and cabinets.
Contact: Jenny Hannah, (661) 636-4000
Location: 1300 17th St, Bakersfield, CA 93301
Original Value: $178,532
Total Value: $178,532
Period of Performance: March 2017
Additional references available upon request
City Council 19 – 28 2/15/2022
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Tustin, CA 92780 www.Inter-Pacific.com
7. Corporate Hierarchy and Key Personnel
Inter-Pacific will assign three key personnel to complete the project. All assigned employees shall be professionally qualified for the roles which they shall perform. Assigned staff are local (Tustin, CA), licensed, and will be available throughout the lifespan of the project.
Richard Kuk – President, Project Manager (POC)
Experience
- Sprint/Nextel Communications – Engineering Manager supervisor to 14 Engineers maintaining the Wisconsin, Indiana, Illinois network. Worked with Motorola to implement all new technologies.
- USAF Captain – Defense Contract Management Command (DCMC) Program Manager for Sundstrand Aerospace overseeing team of Contracting, Engineers, QA and Finance personnel.
- USAF Procurement Officer for Columbus AFB, MS Defense Acquisition Professional Level II Certified
- DePaul University, MBA
- USAF Academy, Bachelor of Science
Job Duties
- Primary POC to Customer
- Lead Project Manager and Designer of Control Room Systems - Develop Master Project Plan
- Review Drawings and SOW
- Evaluate cost and progress of contractors
Benjamin Hurtado – Electrician
Experience
- CA Journeyman License #154219
- ABC Apprenticeship 4.5-year program
- Electrician Supervisor – Oregon National Guard, Electrical Heating upgrade for warehouse
- Specialist in lighting and control system
Enoch Kang – Project Engineer (POC)
Experience
- University of California, Irvine, Bachelor of Arts
Job Duties
- Prepare project proposals
- Create project drawings
- Design and implementation of daily deliverables
- Supervise contractors
- Develop training and user documents (as needed)
- Perform site surveys
- Plan and schedule timelines and project milestones
City Council 19 – 29 2/15/2022
8 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
8. Cost Proposal
(please see attached spreadsheet)
City Council 19 – 30 2/15/2022
Location Part Measurement Qty Price Extended
1 Electrical Conduit (Well 32) 1 $ ‐ $ ‐ 1 E‐ 3 (1) COORDINATE WITH SCE PLANS FOR SCE WORK
DETAIL $ ‐ $ ‐ 1 E‐ 3 (1) SS 5.89" = 11.78' OF UNDERGROUND PIPE AND
WIRE WITH ONE ELBOW ‐ FROM SCE TRANSFORMER TO
SWBD‐010 (PER SCE PLAN) $ ‐ $ ‐ 1 E‐3 (2) COORDINATE THE INSTALLATION OF THE NEW
SWITCHBOARD AND THE RELOCATION OF THEEXISTING METER FROM THE EXISTING "SWBD" TO THE NEW 600A, 480/277V, 3PH, 4W, NEMA 1
SWITCHBOARD "SWBD‐010". $ ‐ $ ‐ 1 E‐5 P101 3" OCAL 3" OCAL 8.84" = 17.68' $ ‐ $ ‐ 1 E‐5 P101 3#350KCMIL 1#1 FROM SWBD‐010 TO MCC‐010 3#350KCMIL 1#1 8.84" = 17.68' $ ‐ $ ‐ 1 E‐5 P102 3" OCAL 3" OCAL 2.5" = 5' $ ‐ $ ‐ 1 E‐5 P102 3#250KCMIL 1#2 FROM MCC‐010 TO VFD‐010 3#250KCMIL 1#2 2.5" = 5' $ ‐ $ ‐ 1 E‐5 P102A 4" OCAL 4" OCAL 17.73" = 35.47' $ ‐ $ ‐ 1 E‐5 P102A 3#250KCMIL 1#2 FROM VFD‐010 TO PMP‐010
(VFD SHIELDED CABLE) 3#250KCMIL 1#2 17.73" = 35.47' $ ‐ $ ‐ 1 E‐5 P102B 1" OCAL 1" OCAL 17.73" = 35.47' $ ‐ $ ‐ 1 E‐5 P102B 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 1 E‐5 P102B 2#12 1#12 FROM VFD‐010 TO WELL 32 SPACE
HEATER 2#12 1#12 17.73" = 35.47' $ ‐ $ ‐ 1 E‐5 P103 1" OCAL 1" OCAL 5.25" = 10.5' $ ‐ $ ‐ 1 E‐5 P103 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 1 E‐5 P103 2#12 1#12 FROM PDP‐011 (IN MCC‐010) TO RTU‐
010 (CKT‐1) 2#12 1#12 5.25" = 10.5' $ ‐ $ ‐ 1 E‐5 P104 1" OCAL 1" OCAL 7.63" = 15.26' $ ‐ $ ‐ 1 E‐5 P104 1" OCAL ELBOW 1" OCAL ELBOW 2 2 $ ‐ $ ‐ 1 E‐5 P104 2#12 1#12 FROM PDP‐011 (IN MCC‐010) TO FIT‐
030 (CKT‐3) 2#12 1#12 7.63" = 15.26' $ ‐ $ ‐ 1 E‐5 P105 1" OCAL 1" OCAL 12.74" = 25.48' $ ‐ $ ‐ 1 E‐5 P105 1" OCAL ELBOW 1" OCAL ELBOW 2 2 $ ‐ $ ‐ 1 E‐5 P105 3#12 1#12 FROM PDP‐011 (IN MCC‐010) TO
MOV‐030 (CKT‐11,13,15) 3#12 1#12 12.74" = 25.48' $ ‐ $ ‐ 1 E‐5 P106 1" OCAL 1" OCAL 0.84" = 1.68' $ ‐ $ ‐ 1 E‐5 P106 2#14 FROM RTU‐010 TO FIT‐040 (24VDC) 2#14 0.84" = 1.68' $ ‐ $ ‐ Cost Proposal ‐ RFP21‐122 Santa Ana On‐Call Electrical Services City Council 19 – 312/15/2022 1 E‐5 P107 1" OCAL 1"OCAL 8.65" = 17.30' $ ‐ $ ‐ 1 E‐5 P107 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 1 E‐5 P107 3#12 1#12 FROM MCC‐010 TO AIR
CONDITIONING UNIT ACU‐010 (VIA 30A/3P NON‐FUSED
DISCONNECT SWITCH) 3#12 1#12 8.65" = 17.30' $ ‐ $ ‐ 1 E‐5 P108 1" OCAL OCAL 11.93" = 23.86' $ ‐ $ ‐ 1 E‐5 P108 1" OCAL ELBOW OCAL ELBOW 2 2 $ ‐ $ ‐ 1 E‐5 P108 2#12 1#12 FROM PDP‐011 (IN MCC‐010) TO
EXHAUST FAN (CKT‐17) 2#12 1#12 11.93" = 23.86' $ ‐ $ ‐ 1 Copper Conductors: Comply with NEMA WC 70/ICEA S‐95‐658 $ ‐ $ ‐ 1 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 20,000.00 $ 20,000.00 $ 20,000.00
$ ‐ $ ‐ 2 Building and Site Electrical System (Well 32) 1 $ ‐ $ ‐ 2 E‐2 (2) FO102 ‐ 3" OCAL QTY. x2 E‐2 (2) OCAL STICK 44.92" = 89.84' x2 $ ‐ $ ‐ 2 E‐2 (2) FO102 ‐ 3" OCAL ELBOWS QTY. x2 E‐2 (2) OCALELBOWS 12 x2 24 $ ‐ $ ‐ 2 E‐2 (2) FO102 48 STRAND SINGLE MODE FIBER FROM
WELL 32 COMMUNICATION RACK TO JOHN GARTHE
COMMUNICATION RACK ‐ QTY. x2
48 STRAND SINGLEMODE FIBER 44.92" = 89.84' x2 $ ‐ $ ‐ 2 E‐2 (2) SP101 ‐ 3"CO OCAL FROM WELL 32
COMMUNICATION RACK TO JOHN GARTHECOMMUNICATION RACK ‐ FIBER OPTIC SPARE CONDUIT E‐2 (2) OCAL STICK 44.92" = 89.84' $ ‐ $ ‐ 2 E‐2 (2) SP101 ‐ 3" OCAL ELBOWS
E‐2 (2) OCALELBOWS 12 12 $ ‐ $ ‐ 2 E‐11 (1) PROVIDE
A NEW STAINLESS STEEL NEMA 4X PULL
BOX. $ ‐ $ ‐ 2 E‐11 (2) LIGHT SWITCH (WP) AND FAN SWITCH (WP)
SHALL BE MOUNTED NEAR TOP OF LADDER ENTRY. $ ‐ $ ‐ 2 E‐11 (3) ROUTE CONDUITS INSIDE THE VAULTS EXPOSED
AND ALONG THE WALL WITH PVC COATES RIGID STEEL
CONDUIT. $ ‐ $ ‐ 2 E‐12 (1) COORDINATE THE INSTALLATION OF THE NEW
SWITCHBOARD "SWBD‐010" AND RELOCATION OF THE KWHMETER WITH SCE. $ ‐ $ ‐ Subtotal:
City Council 19 – 322/15/2022 2 E‐12 (2) PROVIDE
A NEW 200A/3P CIRCUIT BREAKER INSIDE
THE JOHN GARTHE MOTOR CONTROL CENTER "GAR‐MCC‐
010" TO POWER THE NEW CHEMICAL STORAGE FACILITIES $ ‐ $ ‐ 2E‐12 WELL 32 $ ‐ $ ‐ 2 E‐12 P101 $ ‐ $ ‐ 2 E‐12 P102 $ ‐ $ ‐ 2 E‐12 P102A $ ‐ $ ‐ 2 E‐12 P102B $ ‐ $ ‐ 2 E‐12 P107 $ ‐ $ ‐ 2 E‐12 D102 $ ‐ $ ‐ 2 E‐12 #4/0 BARE COPPER WIRE $ ‐ $ ‐ 2E‐12 JOHN GARTHE MCC $ ‐ $ ‐ 2 E‐12 P201 $ ‐ $ ‐ 2 E‐12 P202 $ ‐ $ ‐ 2 E‐12 P203 $ ‐ $ ‐ 2 Pullboxes $ ‐ $ ‐ 2 Panelboard Installation $ ‐ $ ‐ 2 Generator Installation $ ‐ $ ‐ 2 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 20,000.00 $ 20,000.00 $ 20,000.00
2 $ ‐ $ ‐ 3 VFD Motor Control Center (Well 32) 1 $ ‐ $ ‐ 3 Install 3 complete, solid‐state variable frequency drive systems. This Specification describes variable speed motor control which includes thedesign, fabrication, testing, installation and supportrequirements for variable frequency drive systems for 3‐phase squirrel cage rotor, induction motors listed in the table below. Where noted on the drawings, in addition
to the variable frequency drive, provide each system with astarter for bypass starting during variable frequency drivedowntime. 3 $ ‐ $ ‐ 3 VFD Driven Equipment Tag Number ‐ W32_WELL_VFD Number ‐ VFD_01 0 Motor Rating (hp) ‐ 250Motor Rating (Volts) ‐ 480, 3 phaseMotor Rating (Amperes) ‐ 302 Amps $ ‐ $ ‐ 3 LABOR ONLY 3 $ 35,000.00 $ 105,000.00
3 *PRICE DOES NOT INCLUDE FURNISHING EQUIPMENT $ ‐ $ ‐ Subtotal:
City Council 19 – 332/15/2022 $ 105,000.00
5 $ ‐ $ ‐ 4 Automatic Transfer Switch (Well 32) 1 $ ‐ $ ‐ 4 E‐3 (2) COORDINATE THE INSTALLATION OF THE NEW
SWITCHBOARD AND THE RELOCATION OF THEEXISTING METER FROM THE EXISTING "SWBD" TO THE NEW 600A, 480/277V, 3PH, 4W, NEMA 1
SWITCHBOARD "SWBD‐010". $ ‐ $ ‐ 4 LABOR ONLY 1 $ 10,000.00 $ 10,000.00
4 *PRICE DOES NOT INCLUDE FURNISHING EQUIPMENT $ ‐ $ ‐ $ 10,000.00
4 $ ‐ $ ‐ 5E‐6 Instrumentation and Control Equipment (Well 32) 1 $ ‐ $ ‐ 5 C101 1" OCAL 1" OCAL 19.01" = 39.02' $ ‐ $ ‐ 5 C101 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 C101 8#14 1#14 FROM VFD‐010 TO CST‐010 8#14 1#14 19.01" = 39.02' $ ‐ $ ‐ 5 C102 1" OCAL 1" OCAL 14.97" = 29.94' $ ‐ $ ‐ 5 C102 1" OCAL ELBOW 1" OCAL ELBOW 2 2 $ ‐ $ ‐ 5 C102 4#14 1#14 FROM VFD‐010 TO MOV‐030 4#14 1#14 14.97" = 29.94' $ ‐ $ ‐ 5 C103 1" OCAL 1" OCAL 8.97" = 17.94' $ ‐ $ ‐ 5 C103 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 C103 10#14 1#14 FROM RTU‐010 TO CST‐010/VIT‐010
(LOS AND HOA LOCATED INSIDE CST‐010) 10#14 1#14 8.97" = 17.94' $ ‐ $ ‐ 5 C104 1" OCAL 1" OCAL 16.66" = 33.32' $ ‐ $ ‐ 5 C104 1" OCAL ELBOW 1" OCAL ELBOW 2 2 $ ‐ $ ‐ 5 C104 4#14 1#14 FROM VFD‐010 TO PSH‐012/PSL‐012 4#14 1#14 16.66" = 33.32' $ ‐ $ ‐ 5 C105 1" OCAL 1" OCAL 21.48" = 42.96' $ ‐ $ ‐ 5 C105 1" OCAL ELBOW 1" OCAL ELBOW 2 1 $ ‐ $ ‐ 5 C105 4#14 1#14 FROM VFD‐010 TO SV‐011, FS‐011 4#14 1#14 21.48" = 42.96' $ ‐ $ ‐ 5 C106 1‐1/2" OCAL 1‐1/2" OCAL 8.67" = 17.34' $ ‐ $ ‐ 5 C106 1‐1/2" OCAL ELBOW
1‐1/2" OCALELBOW 1 1 $ ‐ $ ‐ 5 C106 26#14 1#14 FROM RTU‐010 TO VFD‐010 26#14 1#14 8.67" = 17.34' $ ‐ $ ‐ 5 C107 1" OCAL 1" OCAL 2" = 4' $ ‐ $ ‐ 5 C107 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ Subtotal:Subtotal:
City Council 19 – 342/15/2022 5 C107 6#14 1#14 FROM AIR CONDITIONING UNIT TO AC
THERMOSTAT (MULTI‐CONDUCTOR CABLE) 6#14 1#14 2" = 4' $ ‐ $ ‐ 5 C108 1" OCAL 1" OCAL 19.17" = 38.34' $ ‐ $ ‐ 5 C108 1" OCAL ELBOW 1" OCAL ELBOW 2 2 $ ‐ $ ‐ 5 C108 18#14 1#14 FROM RTU‐010 TO YA‐
100A/100B/110A/110B/120A/120BHS‐100/110/120 18#14 1#14 19.17" = 38.34' $ ‐ $ ‐ 5 C109 3/4" OCAL 3/4" OCAL 9.80" = 19.60' $ ‐ $ ‐ 5 C109 3/4" OCAL ELBOW 3/4" OCAL ELBOWS 1 $ ‐ $ ‐ 5 C109 4#14 1#14 FROM RTU‐010 TO YA‐121, HS‐121 4#14 1#14 9.80" = 19.60' $ ‐ $ ‐ 5 C112 3/4" OCAL 3/4" OCAL 8.66" = 17.32' $ ‐ $ ‐ 5 C112 3/4" OCAL ELBOW 3/4" OCAL ELBOWS 1 1 $ ‐ $ ‐ 5 C112 2#14 1#14 FROM RTU‐010 TO YA‐122 2#14 1#14 8.66" = 17.32' $ ‐ $ ‐ 5 A101 1" OCAL 1" OCAL 8.97" = 17.94' $ ‐ $ ‐ 5 A101 OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 A101 1#16TSP FROM RTU‐010 TO LIT‐010 1#16TSP 8.97" = 17.94' $ ‐ $ ‐ 5 A102 1" OCAL 1" OCAL 8.25" = 16.49' $ ‐ $ ‐ 5 A102 1#16TSP FROM RTU‐010 TO PIT‐030 1#16TSP 8.25" = 16.49' $ ‐ $ ‐ 5 A102 1‐CAT6 FROM RTU‐010 TO FIT‐030 1‐CAT6 8.25" = 16.49' $ ‐ $ ‐ 5 A103 1" OCAL 1" OCAL 2.3" = 4.6' $ ‐ $ ‐ 5 A103 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 A103 1#16TSP FROM RTU‐010 TO FIT‐040 1#16TSP 2.3" = 4.6' $ ‐ $ ‐ 5 A104 1‐1/2" OCAL 1‐1/2" OCAL 16" = 38' $ ‐ $ ‐ 5 A104 1‐1/2" OCAL ELBOW
1‐1/2" OCALELBOW 1 1 $ ‐ $ ‐ 5 A104 8#16TST FROM VFD‐010 TO WELL 32 RTD 8#16TST 16" = 38' $ ‐ $ ‐ 5 D101 1" OCAL 1" OCAL 8.67" = 17.34' $ ‐ $ ‐ 5 D101 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 D101 2‐CAT6 FROM RTU‐010 TO VFD‐010 2‐CAT6 8.67" = 17.34' $ ‐ $ ‐ 5 D102 1" OCAL 1" OCAL 4.22" = 8.44' $ ‐ $ ‐ 5 D102 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 D102 1‐CAT6 FROM RTU‐010 TO PQM (IN MCC) 1‐CAT6 4.22" = 8.44' $ ‐ $ ‐ 5 D103 1" OCAL 1" OCAL 10.57" = 21.14' $ ‐ $ ‐ 5 D103 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 D103 2‐CAT6 FROM WELL 32 SECURITY RACK TO
CAMERAS 2‐CAT6 10.57" = 21.14' $ ‐ $ ‐ 5 D104 1" OCAL 1" OCAL 19.07" = 38.14' $ ‐ $ ‐ 5 D104 1" OCAL ELBOW 1" OCAL ELBOW 1 1 $ ‐ $ ‐ 5 D104 2‐CAT6 FROM WELL 32 SECURITY RACK TO
CAMERAS 2‐CAT6 19.07" = 38.14' $ ‐ $ ‐ City Council 19 – 352/15/2022 5 FO101 3" OCAL 3" OCAL .6" = 1.2' $ ‐ $ ‐ 5 FO101 2 STRANDS SINGLE MODE PATCH
FIBER FROM RTU‐010 TO WELL 32 COMMUNICATION RACK
2 STRAND SINGLEMODE FIBER .6" = 1.2' $ ‐ $ ‐ 5 FO102 3" OCAL ‐ QTY. x2 3" OCAL 6.70" = 13.40' x2 $ ‐ $ ‐ 5 FO102 48 STRAND SINGLE MODE FIBER FROM WELL 32
COMMUNICATION RACK TO JOHN GARTHECOMMUNICATION RACK ‐ QTY. x2 48 STRAND SINGLEMODE FIBER 6.70" = 13.40' x2 $ ‐ $ ‐ 5 FO103 1" OCAL 1" OCAL 2.3" = 4.6' $ ‐ $ ‐ 5 FO103 2 STRANDS SINGLE MODE PATCH
FIBER WELL 32 COMMUNICATION RACK WELL 32 SECURITY
RACK
2 STRAND SINGLEMODE FIBER 2.3" = 4.6' $ ‐ $ ‐ 5 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 20,000.00 $ 20,000.00 $ 20,000.00
5 $ ‐ $ ‐ 6E‐7 Building Lighting (Well 32) 1 $ ‐ $ ‐ 6 (1) ROUTE #4/0 BC GND IN SLAB FROM GROUNDING RINGAND BOND TO EQUIPMENT GROUND BUS.
E‐13 GROUND RODTYPE OF 4 116.25" = 232.50' $ ‐ $ ‐ 6 (2) FIXTURE SHALL BE EQUIPPED WITH EMERGENCY PACK. AA / 50 1 1 $ ‐ $ ‐ 6 (3) CENTER OF FIXTURE SHALL BE IN ALIGNMENT WITH
CENTER OF BENEATH DOOR. ALL WALL FIXTURE SHALL BE
MOUNTED ON THE SAME ELEVATION. LABOR $ ‐ $ ‐ 6 (4) EXTERIOR WALL MOUNTED FIXTURES SHALL BE
EQUIPPED WITH PHOTOCELL. B / 55 1 1 $ ‐ $ ‐ 6 (5) CKT‐2 3/4"C ‐ OCAL STICK IN PANEL PDP‐011 3/4"C‐ OCAL STICKS 43.84" = 87.68' $ ‐ $ ‐ 6 (5) CKT‐2 3/4"C ‐ OCAL ELBOW IN PANEL PDP‐011 3/4"C‐ OCALELBOWS 2 2 $ ‐ $ ‐ 6 (5) CKT‐2 2#12+1#12G IN PANEL PDP‐011 2#12+1#12G 43.84" = 87.68' $ ‐ $ ‐ 6 (5) CKT‐4 3/4"C OCAL PANEL PDP‐011 3/4"C OCAL STICKS 55.52" = 111.04' $ ‐ $ ‐ 6 (5) CKT‐4 3/4"C OCAL PANEL PDP‐011 OCAL ELBOWS 3/4"C OCALELBOWS 3 3 $ ‐ $ ‐ 6 (5) CKT‐4 2#12+1#12G ‐ PANEL PDP‐011 2#12+1#12G 55.52" = 111.04' $ ‐ $ ‐ 6 (5) CKT‐6 3/4"C PANEL PDP‐011, CKT‐6 OCAL STICKS 3/4"C OCAL STICKS 44.78" = 89.56' $ ‐ $ ‐ 6 (5) CKT‐6 3/4"C PANEL PDP‐011, CKT‐6 OCAL ELBOWS
3/4"C OCALELBOWS 9 9 $ ‐ $ ‐ 6 (5) CKT‐6 2#12+1#12G ‐ PANEL PDP‐011 2#12+1#12G 44.78" = 89.56' $ ‐ $ ‐ 6 LIGHTING INSTALLATION $ ‐ $ ‐ Subtotal:
City Council 19 – 362/15/2022 6 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 10,000.00 $ 10,000.00 $ 10,000.00
6 $ ‐ $ ‐ 7 Electrical Equipment and Facilities (Chemical Building) 1 $ ‐ $ ‐ 7 E‐4 (1) DISCONNECT AND REMOVE EXISTING
ELECTRICAL CONDUITS AND WIRES. DEMO 459.40" = 918.80' 1 $ ‐ $ ‐ E‐4 (2) (P401‐C401‐C402‐C403‐SP401‐SP402)
7 E‐4 (2) P401 ‐ 3" OCAL ‐ QTY. x2 3" OCAL 403.44" = 806.88' x2 $ ‐ $ ‐ 7 E‐4 (2) P401 ‐ 3#300 KCMIL 1#3 FROM JOHN GARTHE MCC
TO (E) INDUCTION GEN (BLDG SA‐1) ‐ QTY. x2 3#300 KCMIL 1#3 403.44" = 806.88' x2 $ ‐ $ ‐ 7 E‐4 (2) C401 ‐ 2" OCAL 2" OCAL 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) C401 ‐ 28#14 1#14 FROM JOHN GARTHE RTU TO
SA‐1 ITC 28#14 1#14 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) C402 ‐ 2" OCAL 2" OCAL 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) C402 ‐ 10#14 1#14 FROM JOHN GARTHE RTU TO
SA‐1 ITC 10#14 1#14 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) C403 ‐ 2" OCAL 2" OCAL 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) C403 ‐ 10#14 1#14 FROM JOHN GARTHE RTU TO
SA‐1 ITC 10#14 1#14 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) SP401 ‐ 3"CO OCAL FROM JOHN GARTHE
ELECTRICAL BLDG TO SA‐1 BLDG ‐ NOTE POWER SPARE 3" OCAL 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) SP402 ‐ 2"CO OCAL FROM JOHN GARTHE
ELECTRICAL BLDG TO SA‐1 BLDG ‐ NOTE COMMUNICATION
SPARE 2" OCAL 403.44" = 806.88' $ ‐ $ ‐ 7 E‐4 (2) P401‐C401‐C402‐C403‐SP401‐SP402 OCAL ELBOWS
X 6
WIRES P401‐C401‐C402‐C403‐SP401‐SP402 OCALELBOWS 5 30 $ ‐ $ ‐ E‐4 (P201‐FO201‐SP203)
7 E‐4 P201 ‐ 2‐1/2" OCAL 2‐1/2" OCAL $ ‐ $ ‐ 7 E‐4 P201 ‐ 2‐1/2" OCAL ELBOW
2‐1/2" OCALELBOW 2 $ ‐ $ ‐ 7 E‐4 P201 ‐ 3#4/0 1#6 FROM JOHN GARTHE MCC TO PDP‐
100 3#4/0 1#6 203.53" = 407.06' $ ‐ $ ‐ 7 E‐4 FO201 ‐ 3" OCAL 3" OCAL 203.53" = 407.06' $ ‐ $ ‐ 7 E‐4 FO201 ‐ 3" OCAL ELBOW 3" OCAL ELBOW 2 $ ‐ $ ‐ Subtotal:
City Council 19 – 372/15/2022 7 E‐4 FO201 ‐ 24 STRAND SINGLE MODE FIBER FROM JOHN
GARTHE COMMUNICATIONTO RACK RIO‐100
24 STRAND SINGLEMODE FIBER 203.53" = 407.06' $ ‐ $ ‐ 7 E‐4 SP203 ‐ 3"OC OCAL FROM JOHN GARTHE
COMMUNICATION RACK TO RIO‐100 ‐ FIBER OPTIC SPARE
CONDUIT 3"OC OCAL 203.53" = 407.06' $ ‐ $ ‐ 7 E‐4 SP203 ‐ 3"OC OCAL ELBOW 3"OC OCAL ELBOW 2 $ ‐ $ ‐ 7 E‐4 (P301‐P302‐C301‐C302) $ ‐ $ ‐ 7 E‐4 P301 ‐ 1" OCAL STICK 1" OCAL STICKS 36" = 72' $ ‐ $ ‐ 7 E‐4 P301 ‐ 1" OCAL ELBOW 1" OCAL ELBOWS 1 $ ‐ $ ‐ 7 E‐4 P301 ‐ 2#12 1#12 FROM PDP‐200
TO PRESSURE VAULT SUMP PUMP SMP‐100 (VIA POWERPULL BOX) 2#12 1#12 36" = 72' $ ‐ $ ‐ 7 E‐4 P301 ‐ 2#12 1#12 FROM PDP‐200
TO PRESSURE VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 36" = 72' $ ‐ $ ‐ 7 E‐4 P301 ‐ 4#12 2#12 FROM PDP‐200
TO PRESSURE VAULT LIGHT AND RECEPTACLE (VIA POWER
PULL BOX) 4#12 2#12 36" = 72' $ ‐ $ ‐ 7 E‐4 P302 ‐ 1" OCAL STICKS 1" OCAL STICKS 36" = 72' $ ‐ $ ‐ 7 E‐4 P302 ‐ 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 7 E‐4 P302 ‐ 2#12 1#12 FROM PDP‐200
TO CHEMICAL VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 36" = 72' $ ‐ $ ‐ 7 E‐4 P302 ‐ 2#12 1#12 FROM PDP‐CHEMICAL VAULT LIGHT
AND RECEPTACLE (VIA POWER PULL BOX) 2#12 1#12 36" = 72' $ ‐ $ ‐ 7 E‐4 C301 ‐ 1" OCAL STICKS 1" OCAL STICKS 36" = 72' $ ‐ $ ‐ 7 E‐4 C301 ‐ 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 7 E‐4 C301 ‐ 4#14 1#14 FROM RIO‐100 TO VAULT‐YA‐100
AND VAULT‐LSHH‐100(PRESS. VAULT INTRUSION SWITCH AND
FLOAT SWITCH. VIA CONTROL PULL BOX.) 4#14 1#14 36" = 72' $ ‐ $ ‐ 7 E‐4 C302 ‐ 1" OCAL STICKS 1" OCAL STICKS 36" = 72' $ ‐ $ ‐ 7 E‐4 C302 ‐ 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 7 E‐4 C302 ‐ 2#14 1#14 RIO‐100 TO VAULT‐YA‐110
(CHEMICAL VAULT INTRUSION SWITCH) 2#14 1#14 36" = 72' $ ‐ $ ‐ 7 E‐8 (1) CONDUIT ROUTING IS SHOWN
DIAGRAMMATICALLY AND THEY
SHALL BE ROUTED TO SUIT FIELD CONDITIONS. $ ‐ $ ‐ 7 E‐8 (2) CONTRACTOR SHALL COORDINATE WITH ON‐SITE
SODIUM HYPOCHLORITE GENERATION (OSHG) CONTRACTOR
AND THE CITY FOR CONDUIT STUB‐UP LOCATION ANDCONNECTION POINT. $ ‐ $ ‐ City Council 19 – 382/15/2022 7 E‐8 (3) P201 2‐1/2" OCAL 2‐1/2" OCAL 3" = 6' $ ‐ $ ‐ 7 E‐8 (3) P201 3#4/0 1#6 FROM JOHN GARTHE MCC TO PDP‐
100 3#4/0 1#6 3" = 6' $ ‐ $ ‐ 7 E‐8 (3) P202 1‐1/2" OCAL 1‐1/2" OCAL STICK 4.75" = 9.5' $ ‐ $ ‐ 7 E‐8 (3) P202 1‐1/2" OCAL ELBOW
1‐1/2" OCALELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P202 3#2 1#8 FROM PDP‐100 TO 75KVA
TRANSFORMER XFMR‐100 (CKT‐7,9,11 ) 3#2 1#8 4.75" = 9.5' $ ‐ $ ‐ 7 E‐8 (3) P203 2‐1/2" OCAL 2‐1/2" OCAL 20.25" = 40.50" $ ‐ $ ‐ 7 E‐8 (3) P203 2‐1/2" OCAL ELBOW
2‐1/2" OCALELBOWS 1 $ ‐ $ ‐ 7 E‐8 (3) P203 3#4/0 1#6 FROM 75KVA TRANSFORMER
XFMR‐100 TO PDP‐200 3#4/0 1#6 20.25" = 40.50" $ ‐ $ ‐ 7 E‐8 (3) P204 1" OCAL 1" OCAL STICK 13.60" = 27.20' $ ‐ $ ‐ 7 E‐8 (3) P204 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P204 3#10 1#10 FROM PDP‐100 TO MICROCLOR
GENERATION SKID (CKT‐1,3,5) 3#10 1#10 13.60" = 27.20' $ ‐ $ ‐ 7 E‐8 (3) P205 1" OCAL 1" OCAL STICK 4.37" = 8.75' $ ‐ $ ‐ 7 E‐8 (3) P205 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P205 2#10 1#10 FROM PDP‐200 TO MICROCLOR
CONTROL PANEL (CKT‐1,3) 2#10 1#10 4.37" = 8.75' $ ‐ $ ‐ 7 E‐8 (3) P206 1" OCAL 1" OCAL STICK 3" = 6' $ ‐ $ ‐ 7 E‐8 (3) P206 4#12 2#12 FROM MICROCLOR CONTROL
PANEL TO HYDROGEN BLOWER BLR‐410 4#12 2#12 3" = 6' $ ‐ $ ‐ 7 E‐8 (3) P207 1" OCAL 1" OCAL STICK 8.30" = 16.60' $ ‐ $ ‐ 7 E‐8 (3) P207 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P207 3#12 1#12 FROM PDP‐200 TO AIR
CONDITIONING UNIT (VIA 20A/3P NON‐FUSED DISCONNECT
SWITCH) 3#12 1#12 8.30" = 16.60' $ ‐ $ ‐ 7 E‐8 (3) P208 1" OCAL 1" OCAL STICK 10.15" = 20.30' $ ‐ $ ‐ 7 E‐8 (3) P208 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P208 2#12 1#12 FROM PDP‐200 TO METERING
PUMP SKID MP‐310 (CKT‐8,10) 2#12 1#12 10.15" = 20.30' $ ‐ $ ‐ 7 E‐8 (3) P209 1" OCAL 1" OCAL STICK 10.15" = 20.30' $ ‐ $ ‐ 7 E‐8 (3) P209 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P209 2#12 1#12 FROM PDP‐200 TO METERING
PUMP SKID MP‐320 (CKT‐12,14) 2#12 1#12 10.15" = 20.30' $ ‐ $ ‐ 7 E‐8 (3) P210 1" OCAL 1" OCAL STICK 4.40" = 8.80' $ ‐ $ ‐ 7 E‐8 (3) P210 2#12 1#12 FROM PDP‐200 TO ROOF
EXHAUST FAN EF‐1 (CKT‐9) 2#12 1#12 4.40" = 8.80' $ ‐ $ ‐ City Council 19 – 392/15/2022 7 E‐8 (3) P211 1" OCAL 1" OCAL STICK 18.35" = 36.70' $ ‐ $ ‐ 7 E‐8 (3) P211 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P211 2#12 1#12 FROM PDP‐200 TO ROOF
EXHAUST FAN EF‐2 (CKT‐19) 2#12 1#12 18.35" = 36.70' $ ‐ $ ‐ 7 E‐8 (3) P212 1" OCAL 1" OCAL STICK 13" = 26' $ ‐ $ ‐ 7 E‐8 (3) P212 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P212 2#12 1#12 FROM PDP‐200 TO AIT‐200 (CKT‐
13) 2#12 1#12 13" = 26' $ ‐ $ ‐ 7 E‐8 (3) P213 1" OCAL 1" OCAL 7.04" = 14.08' $ ‐ $ ‐ 7 E‐8 (3) P213 (CKT‐17) 2#12 1#12 FROM PDP‐200 TO ROLL‐ UP DOOR 2#12 1#12 7.04" = 14.08' $ ‐ $ ‐ 7 E‐8 (3) P213 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P214 1" OCAL 1" OCAL STICK 13" = 26' $ ‐ $ ‐ 7 E‐8 (3) P214 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P214 2#12 1#12 FROM PDP‐200 TO WATER
QUALITY STATION (CKT‐15) 2#12 1#12 13" = 26' $ ‐ $ ‐ 7 E‐8 (3) P215 1" OCAL 1" OCAL 0.53" = 1.06' $ ‐ $ ‐ 7 E‐8 (3) P215 (CKT‐20) 2#12 1#12 FROM PDP‐200 TO RIO‐
100 2#12 1#12 0.53" = 1.06' $ ‐ $ ‐ 7 E‐8 (3) P216 1" OCAL 1" OCAL STICK 12.75" = 25.50' $ ‐ $ ‐ 7 E‐8 (3) P216 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P216 2#2 1#8 FROM PDP‐200 TO WATER HEATER
(CKT‐22,24) 2#2 1#8 12.75" = 25.50' $ ‐ $ ‐ 7 E‐8 (3) P217 1" OCAL 1" OCAL STICK 2.3" = 4.6' $ ‐ $ ‐ 7 E‐8 (3) P217 1" OCAL ELBOW 1" OCAL ELBOW 1 $ ‐ $ ‐ 7 E‐8 (3) P217 2#12 1#12 FROM PDP‐200 TO SUMP PUMP
SMP‐100 (CKT‐21) 2#12 1#12 2.3" = 4.6' $ ‐ $ ‐ 7 E‐8 (3) P301 1" OCAL 1" OCAL STICK 8.12" = 16.24' $ ‐ $ ‐ 7 E‐8 (3) P301(1) 2#12 1#12 FROM PDP‐200
TO PRESSURE VAULT SUMP PUMP SMP‐100 (VIA POWERPULL BOX) 2#12 1#12 8.12" = 16.24' $ ‐ $ ‐ 7 E‐8 (3) P301(2) 2#12 1#12 FROM PDP‐200
TO PRESSURE VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 8.12" = 16.24' $ ‐ $ ‐ 7 E‐8 (3) P301(3) 4#12 2#12 FROM PDP‐200
TO PRESSURE VAULT LIGHT AND RECEPTACLE (VIA POWERPULL BOX) 4#12 2#12 8.12" = 16.24' $ ‐ $ ‐ 7 E‐8 (3) P302 1" OCAL 1" OCAL STICK 8.12" = 16.24' $ ‐ $ ‐ 7 E‐8 (3) P302(1) 2#12 1#12 FROM PDP‐200 TO CHEMICAL
VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 8.12" = 16.24' $ ‐ $ ‐ 7 E‐8 (3) P302(2) 2#12 1#12 FROM PDP‐200 TO CHEMICAL
VAULT LIGHT AND RECEPTACLE (VIA POWER PULL BOX) 2#12 1#12 8.12" = 16.24' $ ‐ $ ‐ City Council 19 – 402/15/2022 7 E‐8 (4) INSTALL THE REQUIRED WIRES BETWEEN THE
INDOOR ANDOUTDOOR AC UNITS $ ‐ $ ‐ 7 E‐8 (5) INSTALL
A NEW 200A, 480V, 3Ø, 3W, NEMA 4X
STAINLESS STEELPANEL BOARD "PDP‐100". PDP‐100 $ ‐ $ ‐ 7 E‐8 (6) INSTALL
A NEW 208/120V, 200A, 3Ø, 4W NEMA 4X
STAINLESSSTEEL PANEL BOARD "PDP‐200" PDP‐200 $ ‐ $ ‐ 7 E‐8 (7) THE HYPOCHLORITE GENERATOR EQUIPMENT
SHALL BEPROVIDED AND INSTALLED BY OTHERS $ ‐ $ ‐ 7E‐11 VAULT ELECTRICAL PLANS $ ‐ $ ‐ 7 E‐11 (1) PROVIDE
A NEW STAINLESS STEEL NEMA 4X PULL
BOX. $ ‐ $ ‐ 7 E‐11 (2) LIGHT SWITCH (WP) AND FAN SWITCH (WP)
SHALL BE MOUNTEDNEAR TOP OF LADDER ENTRY $ ‐ $ ‐ 7 E‐11 (3) ROUTE CONDUITS INSIDE THE VAULTS EXPOSED
AND ALONG THEWALL WITH PVC COATES RIGID STEEL CONDUIT $ ‐ $ ‐ 7E‐11 PRESSURE CONTROL VAULT PLAN $ ‐ $ ‐ 7 E‐11 (3) P301 1" OCAL 1" OCAL STICK 18.6" = 37.20' $ ‐ $ ‐ 7 E‐11 (3) P301(1) 2#12 1#12 FROM PDP‐200
TO PRESSURE VAULT SUMP PUMP SMP‐100 (VIA POWERPULL BOX) 2#12 1#12 18.6" = 37.20' $ ‐ $ ‐ 7 E‐11 (3) P301(2) 2#12 1#12 FROM PDP‐200
TO PRESSURE VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 $ ‐ $ ‐ 7 E‐11 (3) P301(3) 4#12 2#12 FROM PDP‐200
TO PRESSURE VAULT LIGHT AND RECEPTACLE (VIA POWERPULL BOX) 4#12 2#12 $ ‐ $ ‐ 7 E‐11 C301 ‐ 1" OCAL STICKS 1" OCAL STICKS 7" = 14' $ ‐ $ ‐ 7 E‐11 C301 ‐ 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 7 E‐11 C301 ‐ 4#14 1#14 FROM RIO‐100 TO VAULT‐YA‐100
AND VAULT‐LSHH‐100(PRESS. VAULT INTRUSION SWITCH AND
FLOAT SWITCH. VIA CONTROL PULL BOX.) 4#14 1#14 7" = 14' $ ‐ $ ‐ 7E‐11 CHEMICAL INJECTION VAULT PLAN $ ‐ $ ‐ 7 E‐11 (3) P302 1" OCAL 1" OCAL STICK 18.6" = 37.20' $ ‐ $ ‐ 7 E‐11 (3) P302(1) 2#12 1#12 FROM PDP‐200 TO CHEMICAL
VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 18.6" = 37.20' $ ‐ $ ‐ City Council 19 – 412/15/2022 7 E‐11 (3) P302(2) 2#12 1#12 FROM PDP‐200 TO CHEMICAL
VAULT LIGHT AND RECEPTACLE (VIA POWER PULL BOX) 2#12 1#12 $ ‐ $ ‐ 7 E‐11 (3) P302 1" OCAL 1" OCAL STICK $ ‐ $ ‐ 7 E‐11 (3) P302(1) 2#12 1#12 FROM PDP‐200 TO CHEMICAL
VAULT FAN (VIA POWER PULL BOX) 2#12 1#12 $ ‐ $ ‐ 7 E‐11 (3) P302(2) 2#12 1#12 FROM PDP‐200 TO CHEMICAL
VAULT LIGHT AND RECEPTACLE (VIA POWER PULL BOX) 2#12 1#12 $ ‐ $ ‐ $ ‐ $ ‐ 7 E‐11 C302 ‐ 1" OCAL STICKS 1" OCAL STICKS 7" = 14' $ ‐ $ ‐ 7 E‐11 C302 ‐ 2#14 1#14 RIO‐100 TO VAULT‐YA‐110
(CHEMICAL VAULT INTRUSION SWITCH) 2#14 1#14 7" = 14' $ ‐ $ ‐ 7 E‐11 C302 ‐ 1" OCAL STICKS 1" OCAL STICKS $ ‐ $ ‐ 7 E‐11 C302 ‐ 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 7 E‐11 C302 ‐ 2#14 1#14 RIO‐100 TO VAULT‐YA‐110
(CHEMICAL VAULT INTRUSION SWITCH) 2#14 1#14 $ ‐ $ ‐ 7 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 196,000.00 $ 196,000.00 $ 196,000.00
5 $ ‐ $ ‐ 8 E‐9 Instrumentation and Control Equipment (Chemical
Building) 1 $ ‐ $ ‐ 8 (1) INTRUSION SWITCHES CONNECTED IN SERIES. YA‐120A
and YA‐120B
YA‐120A and YA‐120B $ ‐ $ ‐ 8 (2) C201 1" OCAL 1" OCAL 23.80" = 47.60' $ ‐ $ ‐ 8 (2) C201 1" OCAL ELBOW OCAL ELBOWS 2 $ ‐ $ ‐ 8 (2) C201 12#14 1#14 FROM RIO‐100 TO YA‐110/120A/120BHS‐110/120A/120B (THROUGH CHEMICAL STORAGE FACILITY GUTTER TERMINAL BOX) 12#14 1#14 23.80" = 47.60' $ ‐ $ ‐ 8 (2) C202 1" OCAL 1" OCAL 2.06" = 4.12' $ ‐ $ ‐ 8 (2) C202 1" OCAL ELBOW OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) C202 2#14 1#14 FROM RIO‐100 TO FLOAT LEVEL SWITCH LSH‐100 2#14 1#14 2.06" = 4.12' $ ‐ $ ‐ 8 (2) C203 1" OCAL 1" OCAL 12.10" = 24.2' $ ‐ $ ‐ 8 (2) C203 1" OCAL ELBOW OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) C203 8#14 1#14 FROM AIR CONDITIONING UNIT TO AC
THERMOSTAT (MULTI‐CONDUCTOR CABLE) 8#14 1#14 12.10" = 24.2' $ ‐ $ ‐ 8 (2) C204 1" OCAL 1" OCAL 9" = 18" $ ‐ $ ‐ 8 (2) C204 1" OCAL ELBOW OCAL ELBOWS 1 $ ‐ $ ‐ Subtotal:
City Council 19 – 422/15/2022 8 (2) C204 16#14 1#14 FROM MICROCLOR CONTROL PANEL TO
METERING PUMP SKIDS (CONDUCTORS BY OTHER) 16#14 1#14 9" = 18" $ ‐ $ ‐ 8 (2) C205 3/4"CO OCAL BY MANUFACTURER? 3/4" OCAL $ ‐ $ ‐ 8 (2) C205 1" OCAL ELBOW OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) C205 CONDUCTOR BY MANUFACTURER
CONDUCTOR BYMANUFACTURER $ ‐ $ ‐ 8 (2) C206 1" OCAL 1" OCAL 3" = 6' $ ‐ $ ‐ 8 (2) C206 2#14 1#14 FROM MICROCLOR CONTROL PANEL TO
BRINE STORAGE TANK (CONDUCTORS BY OTHER) 2#14 1#14 3" = 6' $ ‐ $ ‐ 8 (2) C207 1" OCAL 1" OCAL 5.5" = 11' $ ‐ $ ‐ 8 (2) C207 1" OCAL ELBOW OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) C207 4#14 1#14 FROM MICROCLOR CONTROL PANEL TO
SODI.HYPO TANK (CONDUCTORS BY OTHER) 4#14 1#14 5.5" = 11' $ ‐ $ ‐ 8 (2) C208 1" OCAL 1" OCAL 17.66" = 35.32' $ ‐ $ ‐ 8 (2) C208 1" OCAL ELBOW 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) C208 4#14 1#14 FROM RIO‐100 TO YA‐130/HS‐130 ‐ RESTROOM ISTRUSION AND OVERRIDE SWITCHES 4#14 1#14 17.66" = 35.32' $ ‐ $ ‐ 8 (2) C301 1" OCAL 1" OCAL 8" = 16' $ ‐ $ ‐ 8 (2) C301 4#14 1#14 FROM RIO‐100 TO VAULT‐YA‐100VAULT‐LSHH‐100 (PRESS. VAULT INTRUSION SWITCH AND
FLOAT SWITCH. VIA CONTROL PULL BOX.) 4#14 1#14 8" = 16' $ ‐ $ ‐ 8 (2) C302 1" OCAL 1" OCAL 8" = 16' $ ‐ $ ‐ 8 (2) C302 2#14 1#14 FROM RIO‐100 TO VAULT‐YA‐110
(CHEMICAL VAULT INTRUSION SWITCH) 2#14 1#14 8" = 16' $ ‐ $ ‐ 8 (2) A201 1" OCAL 1" OCAL 10.5" = 21' $ ‐ $ ‐ 8 (2) A201 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) A201 1#16TSP FROM RIO‐100 TO CHLORINE ANALYZERHACH SC200 CONTROLLER AIT‐200 1#16TSP NO GND 10.5" = 21' $ ‐ $ ‐ 8 (2) A203 1" OCAL 1" OCAL 6.36" = 12.72' $ ‐ $ ‐ 8 (2) A203 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) A203 1#16TSP NO GND FROM MICROCLOR CONTROL
PANEL TO SODI HYPO TANK LEVEL TRANSMITTER LIT‐200
(CONDUCTORS BY OTHER) 1#16TSP NO GND 6.36" = 12.72' $ ‐ $ ‐ 8 (2) A204 1" OCAL 1" OCAL 9" = 18" $ ‐ $ ‐ 8 (2) A204 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) A204 2#16TSP FROM MICROCLOR CONTROL PANEL TO
METERING PUMP SKIDS (CONDUCTORS BY OTHER) 2#16TSP NO GND 9" = 18" $ ‐ $ ‐ 8 (2) FO201 3" OCAL 3" OCAL 6.2" = 12.4' $ ‐ $ ‐ City Council 19 – 432/15/2022 8 (2) FO201 24 STRAND SINGLE MODE FIBER FROM JOHNGARTHE COMMUNICATION RACK TO RIO‐100 24 STRAND SINGLEMODE FIBER 6.2" = 12.4' $ ‐ $ ‐ 8 (2) D201 1" OCAL 1" OCAL 4" = 8' $ ‐ $ ‐ 8 (2) D201 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) D201 1‐CAT6 FROM RIO‐100 TO MICROCLOR CONTROLPANEL PLC‐200 1‐CAT6 4" = 8' $ ‐ $ ‐ 8 (2) SP201 1"CO OCAL FROM RIO‐100 CHEMICAL STORAGE TO
FACILITY GUTTER TERMINAL BOX 1" OCAL 8.7" = 17.4' $ ‐ $ ‐ 8 (2) SP201 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (2) SP202 1" OCAL FROM RIO‐100 TO MICROCLOR CONTROL
PANEL 1" OCAL 4" = 8' $ ‐ $ ‐ 8 (2) SP202 1" OCAL ELBOWS 1" OCAL ELBOWS 1 $ ‐ $ ‐ 8 (3) ALL CONDUITS ROUTING ARE SHOWNDIAGRAMMATICALLY AND THEY SHALL BE ROUTED TO SUITFIELD CONDITIONS. $ ‐ $ ‐ 8 (4) CONTRACTOR SHALL COORDINATE WITH OSHGCONTRACTOR AND THE CITY FOR CONDUIT STUB‐UPLOCATION AND CONNECTION POINT. $ ‐ $ ‐ 8 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 20,000.00 $ 20,000.00 $ 20,000.00
6 $ ‐ $ ‐ 9E‐10 Building Lighting (Chemical Building) 1 $ ‐ $ ‐ 9 (1) CENTER OF FIXTURE SHALL BE IN ALIGNMENT WITH
CENTER OF DOOR. ALL WALL FIXTURES SHALL BE MOUNTEDON THE SAME ELEVATION. LABOR $ ‐ $ ‐ 9 (2) BOTTOM ‐ 3/4"C OCAL 3/4"C OCAL 57.56" = 115.12' $ ‐ $ ‐ 9 (2) BOTTOM ‐ 2#12, 1#12G 2#12, 1#12G 57.56" = 115.12' $ ‐ $ ‐ 9 (2) BOTTOM ‐ 3/4" OCAL ELBOWS 3/4" OCAL ELBOWS 4 4 $ ‐ $ ‐ 9 (2) LEFT ‐ 3/4"C OCAL 3/4"C OCAL 54.64" = 109.27' $ ‐ $ ‐ 9 (2) LEFT ‐ 2#12, 1#12G 2#12, 1#12G 54.64" = 109.27' $ ‐ $ ‐ 9 (2) LEFT ‐ 3/4" OCAL ELBOWS 3/4" OCAL ELBOWS 10 10 $ ‐ $ ‐ 9 (2) MIDDLE ‐ 3/4"C OCAL 3/4"C OCAL 27.80" = 55.60' $ ‐ $ ‐ 9 (2) MIDDLE ‐ 2#12, 1#12G 2#12, 1#12G 27.80" = 55.60' $ ‐ $ ‐ 9 (2) MIDDLE ‐ 3/4" OCAL ELBOWS 3/4" OCAL ELBOWS 2 2 $ ‐ $ ‐ 9 (2) RIGHT ‐ 3/4"C OCAL 3/4"C OCAL 8.28" = 16.56' $ ‐ $ ‐ 9 (2) RIGHT ‐ 2#12, 1#12G 2#12, 1#12G 8.28" = 16.56' $ ‐ $ ‐ Subtotal:
City Council 19 – 442/15/2022 9 (2) RIGHT ‐ 3/4" OCAL ELBOWS 3/4" OCAL ELBOWS 1 1 $ ‐ $ ‐ 9 (3) FIXTURE SHALL BE EQUIPPED WITH EMERGENCY PACK. 1 $ ‐ $ ‐ 9 (4) EXTERIOR WALL MOUNTED FIXTURES SHALL BE
EQUIPPED WITH PHOTOCELL 1 $ ‐ $ ‐ 9 LIGHTING INSTALLATION $ ‐ $ ‐ 9 LABOR *PRICE DOES NOT INCLUDE FURNISHING ANY
EQUIPMENT OR PARTS. ADDITIONAL FEES MAY APPLY 1 $ 10,000.00 $ 10,000.00 $ 10,000.00
6 $ ‐ $ ‐ 10 Fiber Op
Ɵcs Conduits (3” Conduits) 3900 $ 37.19 $ 145,033.20
10 ***PRICE DOES NOT INCLUDE LABOR $ ‐ $ ‐ 10 TRENCH OR BORING *TRENCHING MAY HAVE
ADDITIONAL COSTS BORING 1 $ 90,540.00 $ 90,540.00
$ 235,573.20
10 $ ‐ $ ‐ 11 Fiber Optic Pull Box 8 $ 4,875.00 $ 39,000.00
11 E‐2 24" X 36" X 36" FIBER OPTIC CABLE PULL BOX $ ‐ $ ‐ 11 EQUIPMENT RENTAL 1 $ 2,500.00 $ 2,500.00
11 LABOR 1 $ 32,000.00 $ 32,000.00
$ 73,500.00
11 $ ‐ $ ‐ 12 Mobilization/Demobilization 1 $ 15,000.00 $ 15,000.00 $ 15,000.00
12 $ ‐ $ ‐ 13 Commissioning and Training (EA) FOR 3 VF
D 3 $ 13,500.00 $ 40,500.00
$ 40,500.00
13 $ ‐ $ ‐ 14 As Built Plans, O&M Manuals and Warranties 1 $ 3,000.00 $ 3,000.00 $ 3,000.00
34 $ ‐ $ ‐ Total $ 778,573.20
Subtotal:Subtotal:Subtotal:Subtotal:Subtotal:Subtotal:
City Council 19 – 452/15/2022 9 | Page 1421 Edinger Ave, Unit A (949) 529-5977
Tustin, CA 92780 www.Inter-Pacific.com
9. Required Forms and Documents
(please see attachments as per project documents required) City Council 19 – 46 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
APPENDIX
ATTACHMENT 2: FEE PROPOSAL
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the ATTACHMENT 1: SCOPE OF WORK. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing.
Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Water Resources Division.
FEE SCHEDULE
The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule:
Note: This contract is subject to prevailing wages.
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:
Item#
1. 2.
3. 4.
5. 6.
7. Bid Item Unit Quantity
Well 32 Electrical Rehabilitation
Electrical Conduit LS 1
Building and Site Electrical System LS 1
VFD Motor Control Center LS 1
Automatic Transfer Switch LS 1
Instrumentation and Control Equipment LS 1
Building Lighting LS 1
Electrical Equipment and Facilities LS 1 (Chemical Buildinq) City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
Amount
$
$
$
$
$
$
$
Inter-Pacific, Inc.
20,000.00
20,000.00
105,000.00
10,000.00
20,000.00
10,000.00
196,000.00
City Council 19 – 47 2/15/2022
8. 9.
10. 11.
12. 13.
14. CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
Instrumentation and Control Equipment LS (Chemical Buildina) Building Lighting (Chemical Building) LS
Fiber Optics Conduits (3" Conduits) LF
Fiber Optic Pull Box EA
Mobilization/Demobilization LS
Commissioning and Training EA
As Built Plans, O&M Manuals and LS Warranties
1 $
1 $
3,900 $
8 $
1 $
1 $
1 $
Total $ ------
Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials.
BIDDER INFORMATION:
Legal Company Name: ________________________ _
Complete address: _________________________ _
Phone Number:
Email Address:
Authorized Signature: _________________________ _
Name: --------------------------------
Title: ---------------------------------
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
10,000.00
20,000.00
235,573.20
15,000.00
40,500.00
778,573.20
3,000.00
73,500.00
*PLEASE SEE ATTACHED SPREAD SHEET
Inter-Pacific, Inc.
1421 Edinger Ave Unit A, Tustin, CA 92780
949-529-5977 ext. 204
[email protected]
Enoch Kang
Type text here
Project Engineer
City Council 19 – 48 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
APPENDIX
ATTACHMENT 3: PROPOSER'S REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference
Customer Name: __________ _ Contact Individual: ___________ _ Address: _____________ _ Phone Number: ___________ _
Facsimile Number: ___________ _
Contract Amount: __________ _ Year: _______________ _
Description of supplies, equipment, or services provided:
Reference
Customer Name: __________ _ Contact Individual: ___________ _ Address: _____________ _ Phone Number: ___________ _
Facsimile Number: ___________ _
Contract Amount: __________ _ Year: _______________ _
Description of supplies, equipment, or services provided:
Reference
Customer Name: __________ _ Contact Individual: ___________ _ Address: _____________ _ Phone Number: ___________ _
Facsimile Number: ___________ _
Contract Amount: __________ _ Year: _______________ _
Description of supplies, equipment, or services provided:
��!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
Saddleback College
IT IDF Room ePower Project Louis Sessler
28000 Marguerite Parkway, Mission Viejo,
CA 92692
(949) 582-4947
$377,557.07
Installation of new underground wiring and conduit, electrical panels, transformers, receptacles, access panels, thermostats, junction boxes, submersible electrical vaults, and steel cable troughs.
City of Pico Rivera - Electrical
Panel Replacement at Plant No. 2 Gabriel Gomez
8316 Washington Boulevard,
Pico Rivera, CA 90660
714-732-0398
[email protected]
[email protected]
$334,689.21
Electrical power upgrade for Water Plant. Installed new transformer, replaced new Main Switch Board (MSB) and Motor Control Center (MCC). New electrical feed from SoCal Edison with trenching and new concrete pads.
City of Santa Ana - Lighting Upgrade
Structured Cabling, & Camera Systems Cesar Barrera
Water Resources Division, Santa Ana,
20 Civic Center Plaza, Santa Ana, CA 92701
714-673-3408
[email protected]
$160,560.00 September 2017 – March 2019
August 2017 – February 2018
January 27, 2020 – July 7, 2020
City Council 19 – 49 2/15/2022
Reference
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
Customer Name: __________ _ Contact Individual: __________ _ Address: ____________ _ Phone Number: ___________ _
Facsimile Number: -----------
Contract Amount: ---------- Year: ______________ _
Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City of Santa Ana – City Yard Electrical
and Communication Upgrade Miguel Renteria
Santa Ana City Yard 220 S. Daisy Ave,
Santa Ana, CA 92703
714-586-6294
[email protected]
$114,559.25 May 2021
City Council 19 – 50 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
Appendix
ATTACHMENT 4: STANDARD AGREEMENT
City of Santa ,Ll.1,a �FP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 51 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
CONSULTANT AGREEMENT
CITY OF SANT A ANA
THIS AGREEMENT is made and entered into this ___ day of ______ , 2021 by and between __________ , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in electrical repair and rehabilitation services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $XXX,XXX during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a number (3) year-term City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
Inter-Pacific, Inc.
16 November
City Council 19 – 52 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
with the option for the City to grant up to a one two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below.
4. PREVAILING WAGES
Consultant 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 being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 53 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
f.
(i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement.
If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 54 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow City of Santa·Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 55 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant:
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 56 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
Consultant's Firm Name
Address
City State, Zip Code
Attn: -------
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
Inter-Pacific, Inc.
1421 Edinger Ave
Unit A
Tustin, CA 92780
Enoch Kang
City Council 19 – 57 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 58 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
signatures follow on next page
City of S.:rnta Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 59 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
CITY OF SANT A ANA
Kristine Ridge
City Manager
CONSULTANT
By:--------- John M. Funk Name:
Senior Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
Nabil Saba, P.E.
Executive Director
Public Works Agency
APPENDIX
ATTACHMENT 5: CERTIFICATIONS
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
Inter-Pacific, Inc.
Richard Kuk
President
City Council 19 – 60 2/15/2022
City Council 19 – 61 2/15/2022
CITY OF SANTA ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 2•i -1 '.:2
On-Call Electrical Repair and Rehabilitation Services
President
Inter-Pacific, Inc.
11/16/2021
City Council 19 – 62 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provIsIons of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
CitJ of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 63 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
President
Inter-Pacific, Inc.
11/16/2021
City Council 19 – 64 2/15/2022
CITY OF SANT A ANA
RFP NO.: 21-122
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
***END OF RPF 21-122**
City of Santa Ana RFP 21-122
On-Call Electrical Repair and Rehabilitation Services
City Council 19 – 65 2/15/2022
AGREEMENT TO PROVIDE ON-CALL ELECTRICAL REPAIR AND
REHABILITATION SERVICES
THIS AGREEMENT is made and entered into this 15th day of February 2022 by and between LEED Electric, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On October 14, 2021, the City issued Request for Proposal No. 21-122, by which it sought a qualified contractor to provide on-call electrical repair and rehabilitations services for the City’s Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-122.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-122, which is attached as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-122. The total compensation for services provided by all contractors selected under RFP No. 21-122, including any extension period, shall not exceed the shared aggregate amount of six million dollars and zero cents ($6,000,000).
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
City Council 19 – 66 2/15/2022
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on February 15, 2022 and terminate on February 14, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
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 being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all City Council 19 – 67 2/15/2022
Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such City Council 19 – 68 2/15/2022
work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
City Council 19 – 69 2/15/2022
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
City Council 19 – 70 2/15/2022
Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council 19 – 71 2/15/2022
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: LEED Electric, Inc.
13138 Arctic Circle
Santa Fe Springs, CA 90670
Attn: Seyed Jamali, CEO
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or City Council 19 – 72 2/15/2022
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
City Council 19 – 73 2/15/2022
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
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City Council 19 – 74 2/15/2022
APPROVED AS TO FORM LEED ELECTRIC, INC.
SONIA R. CARVALHO
City Attorney
By:
Brandon Salvatierra
Deputy City Attorney
Name: Seyed A. Jamali-Dinan
Title: C EO
RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba, PE
Executive Director
Public Works Agency
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EXHIBIT A
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EXHIBIT B
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Page | 1 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
November 16, 2021
City of Santa Ana - Public Works Agency
Attn: Armando Fernandez, P.E.
220 S. Daisy Ave. Bldg A
Santa Ana, CA 92703
Ref: Statement of Qualification
Dear Mr. Fernandez:
LEED Electric, Inc. is pleased to submit this statement of quality commitment as the Electrical Contractor for the solicitation for the City of Santa Ana Electrical Repair & Rehabilitation Service contract.
LEED Electric has provided quality services through a long 42 year history with the County of Los Angeles, the City of Los Angeles, County of Orange, Orange County Sanitation District, City of Santa Ana, Mesa Water District, the Metropolitan Water District of Southern California, the Department of Water and Power, Long Beach Water Department, City of Santa Monica Water Resources Division and most recently the Water Replenishment District (WRD) of Southern California and Los Angeles Wastewater Information Network System (LAWINS). LEED Electric, Inc. is a qualified Small Business Enterprise with the State of California Department of General Services as well as County of Los Angeles Office of Affirmative Action Compliance as an eligible participant in the County of Los Angeles Local Small Business Enterprise (LSBE) Preference Program. Numerous other public works projects have been successfully completed for virtually every local City and/or County governmental agency including Orange County Water District, Orange County Sanitation District, Los Angeles County Sanitation District, State of California Water Resources and other state agencies.
LEED Electric, Inc. employs local tradesmen affiliated with the International Brotherhood of Electrical Workers and is signatory with IBEW locals from Ventura to San Diego County and complies with Project Labor Agreements (PLA). LEED Electric has extensive experience in industrial water related projects and intricate electrical control projects in the greater Los Angeles, Orange County and Riverside County areas. LEI is dedicated to on-time delivery of materials, labor and services for construction endeavors at all times, and along with the on-time delivery LEI responds to all inquiries for service in a timely and professional manner, with a commitment to provide the products or services meeting or exceeding the specifications of the customer.
LEED Electric, Inc. (LEI) is a local full service electrical contractor with extensive experience in public works projects, having successfully completed hundreds of public works contracts during their 42 year history-from a high end of $7.0M to various projects in the $500K to $2.0M ranges.
In summary; our team of local craftsmen overseen by an experienced management team that consists of a Chief Executive Officer, Operations Manager, Superintendents, Project Managers and Project Engineers to oversee quality products and services are provided and has the requisite expertise and experience in working as the electrical subcontractor for the City of Santa Ana. Some of our satisfied customers are included in the latter portion of this statement of qualification for reference. We hope you determine that our qualifications meet your requirements. Please contact me at [email protected] or (562) 270-9500 with any questions.
Authorized Representative, yours truly,
Seyed A. Jamali City Council Dinan, Chief Executive Officer 19 – 85 2/15/2022
Page | 2 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Company Information
Firm Name LEED Electric, Inc.
Corporate Office Address 13138 Arctic Circle, Santa Fe Springs, CA 90670 Corporate Phone and Fax Numbers Firm Phone #
(562) 270-9500
Firm Fax #
(562) 863-5723
Federal Tax ID # 95-3337191
Business Type S-Corporation Established 3/1/1979 in California DUNS No.:
CAGE Code:
09-916-2901
0XJH1
Business License 0048-131380000-1 Exp. Date: 06/30/2022 City of Santa Fe Springs, California
Contractor License
License No. 379096 Exp. Date: 07/31/2023
State of California Contractors State License Board
A - General Engineering Contractor
C-10 - Electrical Contractor
DIR Contractor Registration DIR Registration No. 1000004633 EXP. Date: 06/30/2022 SBE Certification
County of Los Angeles (LSBE) #139996 Exp. Date: 04/30/2022 State of California (Dept. of Gen Services) #36862 Exp. Date: 04/30/2022 NAICS 238210
Principals/Officers
Seyed A. Jamali Dinan, Chief Executive Officer
Annette Iribarren, Corporate Secretary & Controller
Rodney Dean, Vice-President & Chief Estimator
Years with Company Seyed A. Jamali Dinan: 8 years
Rodney Dean: 18 years
Telephone and Fax Numbers Phone #
(562) 270-9500
Fax #
(562) 863-5723
Name, Title, Phone No., and Email of
Contact Person for the Proposal
Seyed (Seth) A. Jamali Dinan
(562) 270-9500
[email protected]
Total # of Employees with the Firm 100
WebVen # 13999601
City Council 19 – 86 2/15/2022
Page | 3 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Company History, Structure and Capabilities
AGREEMENT STATEMENT
LEED Electric Inc. does not have any disputes with the Standard Agreement.
BACKGROUND
LEED Electric Inc. is an experienced and highly-recommended full-service commercial and industrial electrical, control & instrumentation contractor. The company has a reputation for completing projects on time, within budget and to the client’s satisfaction. The company’s comprehensive knowledge of new technologies combined with the highly trained staff and more than 42 years of experience performing heavy contracting work make LEED Electric a provider of choice. LEED Electric began operations in 1979 performing work at oil refineries, chemical plants and aerospace facilities. Later began doing public work for various municipal and county facilities on pumping plants, water treatment plants, and sewage treatment plants installing power and control systems, automation/measuring systems.
MISSION
The mission of LEED Electric is to provide highest quality electrical, control & instrumentation installations performed safely by highly trained, skilled craftsmen to meet or exceed customer specifications.
VERSATILITY
Contracts ranging to over $5.0 million have been successfully completed. Maintenance programs with special rates designed to fit customer needs have been provided.
PERFORMANCE
LEED Electric has a consistent record of completed projects on or before target dates.
SAFETY
Strict adherence to safety standards is an integral part of daily operations.
COMMUNICATION
LEED Electric’s experienced management team is concerned about completing projects correctly and on time. The company understands that growing reputation depends on it. Constant communications with field personnel enables project managers to stay informed of job progress insuring smooth operation to timely completion.
LITIGATION
LEED Electric has not had any litigation or threatened litigation against the firm that will affect the company’s performance or completion of this proposed program.
a. The organization has never been subject of litigation for failure to meet contracted obligations to deliver or supply electricity since its inception in 1979.
b. The company has no breach of contract or criminal legal actions with potential liabilities above $50,000 or involving imprisonment (now or pending) against the company itself, any official, officer or employee of the company submitting qualifications over the last 42 years. c. LEED Electric has not filed for bankruptcy, is not currently in default of business loans and is not responsible for undisputed payments to suppliers or transporters which are over 60 days past due.
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Page | 4 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Qualifications and Experiences
In addition to the minimum qualifications for participation in this Maintenance Services Contract, LEED Electric offers:
• 42 year history of excellent working relationship with public agencies throughout California • Southern California locally-based operations, with an Orange County office located in Aliso Viejo, and satellite offices in Fountain Valley, Santa Clarita and Playa Del Rey. • Experienced project managers and staff as relates to compliance with goal-oriented projects • Locally hired union workforce with vast manpower capabilities • LEED Electric is certified Small Business (SB-PW) by the State of California Department of General Services, (SBE) by the City of Los Angeles, and the County of Los Angeles Office of Affirmative Action Compliance as an eligible participant in the County of Los Angeles Local Small Business Enterprise (LSBE) Preference Program.
• LEED Electric has prior experience in related projects and is extremely competent in the installation of Electrical, Instrumentation and Control Systems.
• LEED Electric has previously held the Electrical Repair and Rehabilitation Services Contract since 2017 with the City of Santa Ana.
City Council 19 – 88 2/15/2022
Page | 5 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Project Management Team Experience
Led by Seyed A. Jamali Dinan, CEO of the company, the executive management team possesses impressive credentials, critical industry experience and education. The team, which comprises a combined industry experience of over 100 years, provides oversight and proficiency in all key functional areas of the business.
Seyed (Seth) A. Jamali Dinan, Chief Executive Officer:
As CEO of LEED Electric, Mr. Jamali Dinan enhances the company’s leading posture in the industry by implementing new strategies and technologies in the field and for in-house operations. He is responsible for leading the company into new product development and new market expansion, assuring its continued growth and prosperity. Mr. Jamali-Dinan oversees all aspects of company operations including: estimating, project management, accounting, purchasing, contact administration, project development, customer relations, and employment development for all employees.
Mr. Jamali Dinan has over 18+ of experience in the field of general and electrical contracting and provides the intuitive real and nuanced insights needed to detect and assess the most inconspicuous challenges and undefined subtle issues and exact the precise solution for any situation. Mr.
Jamali Dinan actively serves as the guiding influence to the entire management team as well as the other members of the firm.
Mr. Jamali Dinan obtained his Electrical Engineering degree from the University of Nottingham in the UK in 1999 later on attended the University of Southern California (USC) receiving his MS in Construction Management in 2006. Prior to joining LEED Electric, Mr. Jamali Dinan worked as a Project Manager for over 14 years for a major General Contractor in the US and successfully completed construction projects ranging from $32M to a high end of $225M in value.
Rodney Dean, Vice President/Chief Estimator:
As Chief Estimator, Mr. Dean is responsible for the oversight and organization deployment of an estimating department, utilizing an in-house proprietary computer estimating system developed over a twenty-six-year period.
Mr. Dean joined LEED Electric in 2002 as Chief Estimator and over the ensuing 18+ years has focused mainly on projects in water and wastewater treatment industry.
City Council 19 – 89 2/15/2022
Page | 6 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Darren Roesch, Operations Manager:
The Operations Manager is to oversee all operations, coordinate safety plans, control the manpower, provide for equipment scheduling and insure the production standards and project schedules are met. Aid as a problem solver on the project and interact with the General Contractor, Project Managers and Foreman, insure the proper training and serve as a Mentor for the Foreman in his area of control in order to maintain the High Standards of the Company. Mr. Roesch’s educational background includes: I.B.E.W Local 11 Apprenticeship, Microsoft, Certified Systems Engineer, State of Calif. Journeyman Electrician License No. 132051, and Medium Voltage Cable Splicer.
Mr. Roesch has 17+ years of experience, primarily on industrial projects consisting of petro/chemical, water/wastewater treatment, heavy manufacturing, internet infrastructure, and TELCOM facilities. He specializes in process control automation and upgrading existing systems and plants. Effective labor management, completing projects on time and under budget, and being orientated toward customer satisfaction are additional strengths. Mr. Roesch joined the LEED Electric Team in 2016, but has worked on several past projects in this field, some of which include:
• West Basin Municipal Water District, West Basin Phase V Expansion, where he worked as a Superintendent for the Phase V expansion from 20 MGD to 60 MGD and received an Electrical Excellence Award for the project, and the project contract was over $5 million dollars. • Castaic Lake Water Agency, Rio Vista Water Treatment Plant Expansion Project, he worked as a Superintendent in charge of a crew of Foreman and Journeyman Electricians for the construction of a treatment plant electrical and instrumentation expansion, and again was awarded an Electrical Excellence Award for the project, and the contract amount was over $7 million dollars. • Metropolitan Water District of Southern California, Joseph Jensen Water Treatment Plant, he worked as a Superintendent, in charge of the installation Fluorosilicic acid upgrades, new chlorination storage & treatment facilities in a project valued at over $8 million dollars.
Mr. Roesch is a valued addition to the LEED Electric team, starting out as our Superintendent and receiving the promotion to Operations Manager, he continues to lead, learn, educate and mentor others with his extensive knowledge of water and wastewater treatment facilities and has helped insure the growth of LEED Electric.
City Council 19 – 90 2/15/2022
Page | 7 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Gary Van Eede, General Superintendent:
Mr. Van Eede has 28 years of experience. Primarily on industrial projects consisting of petro/chemical, water/wastewater treatment, heavy manufacturing, internet infrastructure, and TELCOM facilities. He specializes in process control automation and upgrading existing systems and plants.
Effective labor management, completing projects on time and under budget, and being orientated toward customer satisfaction are additional strengths. As Superintendent his role is to Manage day to day field activities on multiple projects; Detailing and problem solving on design build projects. Assisting daily in scheduling and planning of projects; Safety and QC ongoing daily; management of field installations and field staffing requirements. His Education and Experience: CSUDH Construction Management, Cerritos College – Structural Welding Technology, Industry Tenure: 30 years, Professional Affiliations: IBEW Local 11, Certifications: State Licensed Electrician No. 109612, City of Los Angeles Certified welder License # P027427, EPRI Level 2 Instrument technician, Attributes Relevant to Water and Wastewater Facilities: Large project Microfiltration and RO membrane experience, Extensive Design-Build experience and Multiple expansion projects successfully completed in operating facilities.
Francisco Miranda, Superintendent:
Mr. Miranda is a United States Marine Corp Veteran. His electrical education was obtained at Electrical Training Institute. He comes to LEED Electric with 17 years of experience. His experience is vast, but he has primarily worked on petro/chemical, water/wastewater treatment facilities, heavy manufacturing, internet, infrastructure and Telcom facilities.
He specializes in process control automation, upgrading existing systems, electrical/instrumentation, and motor control. Mr. Miranda prides himself in effective communication, customer satisfaction, building relationships with the client and contractor/trades, he effectively manages daily project activities, meets deadlines and utilizes resources efficiently, so that projects come in under budget. As a Superintendent his role is to oversee the daily project activities on multiple projects, quality control, detailing and problem solving on design-build projects, field installation, and field staffing requirements. Mr. Miranda's professional affiliations include: IBEW Local 11 and National Electrical Contractors Association. Certifications: State Licensed Electrician No. 141714.
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Page | 8 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Cody Engelhardt, Superintendent:
Mr. Engelhardt joined the LEED team in July 2020, as our Orange and Riverside County Superintendent, he is a state certified, journeyman electrician with over 10 years of experience in the electrical industry. The projects that Mr. Engelhardt has been involved with have ranged from small single-owner operations to Fortune 500 companies. Mr.
Engelhardt is a goal-oriented individual with a customer service focus, he thrives in high energy, fast-paced work environments and enjoys working with others. His background includes all facets of electrical construction from ground up, to tenant improvement projects and service jobs as a journeyman and a foreman electrician. Mr. Engelhardt is extremely organized and adept in keeping records from project tracking to crewmember staffing logistics. Some of the projects Mr.
Engelhardt has completed and/or been involved with are Tustin Fire Station #37, Berth 200 PV System, Vista/ Valley Substation Control Building for Southern California Edison, Crafton Hills Pump Station, as well many more, such as Irvine Valley College - Technology Building, BBraun Pharmaceuticals - Mixing Tank Replacement 2017 & 2018. His qualifications are: California State License Number #153070, OSHA 10 & 30, First Aid/CPR trained, Heat Illness, Arc Flash/Energized Work, QSP and Confined Space trained. Mr.
Engelhardt is a great leader to our Orange County crews.
Kevin Schwab, Senior Project Manager:
Mr. Schwab started at LEED Electric in April 2019 and comes to us with over 40 years of experience in the Electrical Industry, some of his qualifications are noted in the latter of this statement following his career history, and He has been in past positions as Division Management and Business Development, Estimating, Purchasing Cost Management, and Logistics. Mr. Schwab supports the company as senior project manager bringing management level support to division personnel including estimators, project managers and superintendents, as well as interface with other trades for Electrical systems installations; Water/Wastewater, Oil and Gas, Underground Utility, Utility Grade Solar, Electrical Systems Infrastructure. Provide management level support to division personnel including staff management and training. Some of the projects Mr.
Schwab has completed as Project Manager are: Los Alamitos High School Infrastructure Upgrade $ 10.5 Million, LA BCA DC Tillman Power Upgrade $ 7.7 Million Prime Contract MV Service and Infrastructure, OCSD P2 Demolition and UPS System Upgrade $4.8 Million, LACSD San Jose Creek $ 1.8 Million Sodium Hypochloride Upgrade, City of Torrance Amie Basin $485,000 Flood Control Upgrade, LACSD Carson UV Demonstration Service Upgrade Prime $585,000 and EBX II Craton Hills Pump Station Upgrade $ 10.8 Million.
As evidenced by his many years of successful employment in the industry and extensive training which includes IBEW Local 11 Member, Accubid, Primavera OSHA 30, TWIC Certified, Master/JW Electrician Certification and possessing his own C-10 Electrical Contractors License, he brings skilled professional abilities in multiple fields of performance to each project. As a manager, he has the interpersonal skills needed to lead and direct others, while maintaining the integrity and timing of the overall project.
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Page | 9 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Michael Sanchez, Senior Project Manager:
Mr. Sanchez started at LEED Electric in August 2020 and comes to us with 24 years of experience in the Electrical Industry and joins this team as a Senior Project Manager. He spent most of his career as a Senior Project Manager working for Rosendin Electric where he managed projects from $2M to $10M. Mr. Sanchez, has also served as reputable operations manager, senior project manager, field superintendent, and foreman with more than 24 years of experience directing new development, expansion, and renovation initiatives for a number of top-ranking electrical contractors. Consistently meeting key project deliverables while ensuring superior quality and client satisfaction. Talented communicator, with demonstrated success in building valuable relationships with personnel, vendors, clients, city officials and government entities. Expertly manages multi-million-dollar projects for a wide range of sectors including transportation, municipal, hospitality, office, residential, gaming, retail, education, and healthcare. Areas of expertise include: Electrical Contracting Operations, Project Lifecycle Management, Contractor Management, Quality Assurance Team, Leadership, Recruitment, Training & Development, Budgeting & Estimating, Planning, Procurement Blueprints & Specifications, Safety Awareness, Scheduling, Client & Vendor Management.
Some of his career background consists of:
• Operations manager for the Ontario office location managing Project Management and Field Operations Managed numerous Projects between 250k- 7M as a SR. PM. Managing 3 PM’s, 3 PE’s, 2 PA’s, Warehouse, Prefab, 18 Foreman, 50-100 field employees. Bid reviews, Cost to complete for 20+ projects. Directly report to Executive Vice President.
• Senior Project Manager on Kaiser Hospital Projects $42M+ DB/DA and High rise in Downtown LA 12th & Fig. Signage. Manage all aspects pertaining to electrical portion of project, report to the Division Manager
• Managed 3 large projects simultaneously all valued at $10M+ • $142M initiative to expand the 2M+ sq. ft. 2.4B$ McCarran International Airport Facilitated project startup within 90 days of notice to proceed; included purchase orders & submittals for all material deliverables.
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Page | 10 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Paul Bergeron, Senior Project Manager:
Mr. Bergeron joined Leed Electric in December 2020 with an extensive background of 13 years of experience in the electrical industry by completing his Journeyman Wireman Program at Sanitago Canyon College in 2007 and receiving is certified general wireman license. Some of his education accolades are Electrical Project Supervision (EPS) 1-3, OSHA 30-Hour Certification, First Aid and CPR Certification, Anti-Harassment Training, Pricing and Negotiating Change Orders and Claims Like a Pro Seminar, and Procore – Project Manager: Core Tools Certification. Some of the aspects he handles at Leed are Manage Project Engineer and Other Support Staff for Multiple Projects, Develop, Review and Coordinate Schedules with Owners, General Contractors, Subcontractors, and Field Superintendents, Review Bid Documents for Schedule Impacts, Conflicts with Other Trades and Potential Manpower Issues, Request, Review and Process Potential Change Orders, RFI’s, ASI Drawings and Submittals, Provide Detailed Labor and Material TakeOffs/ROM’s/Estimates/Change Orders for Scope Changes and Bids, Order Buy-Out Quotation Materials and Systems, Monitor Drawing Approvals and Schedule Material Arrivals, Coordinate the Procurement, Delivery, Installation, QA/QC, Testing, Startup, Commissioning and Close-Out of Multiple Projects, Provide Acceptable Billing Breakdown and Monthly Billings to the General Contractor and Coordinate with Various Jurisdictional Authorities and Update Owner on Inspections, Shutdown Requests, Job Walks, Schedule and All Other Activities. Some of the project he has worked on are:
• OCWD – YLWD – HQ PFAS $2,489,063
• SoCal Gas – Industrial Electrical Services $4,000,000 • SDGE – Industrial Electrical Services $1,000,000
• LACDPW – West Coast Basin Barrier Project Unit 13 $1,021,941 • LACDPW – Low Flow Diversion System Wide Update $1,150,000 • IRWD – ZARRPS – Zone A Rattlesnake Reservoir Pump Station $2,287,000 • TIWRP – CIP 8170 – CISCO 11 – HWRP IPS Screw Pump No. 9 Replacement $35,654 • TIWRP – CIP 8542 – CISCO 10 – Advanced Water Purification Facility Phase 1 Chemical Piping Replacement $389,897
• TIWRP – CIP 5249 – CISCO 10 – EPP Pump #3 Train Rehabilitation $160,887 • City of Oceanside – Oceanside Beach Operations Facility and Restrooms Project Mr. Bergeron has improved his skills in this industrial and knowledge and connections while working for other major competitors in this industry such as starting out as a Project Engineer at Morrow-Meadows Corp, then Assistant Project Manager and finally to Project Manager over a 10-year career while at Morrow-Meadows, as well as working for Anderson and Howard and Giannelli Electric and Whiting-Turner Construction for a few years before coming to Leed. We look forward to all that Mr. Bergeron has to offer and utilizing his extensive network base, skills and knowledge of this industry in the many years to come.
City Council 19 – 94 2/15/2022
Page | 11 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Antonio Bracamontes, Project Manager:
Mr. Bracamontes joined LEED Electric, starting in August 2015, but he has over 18+ years’ experience in the Industrial Electrical Project Management Field specializing in water and wastewater treatment facilities construction management. Mr. Bracamontes currently working as a Project Manager for LEI on several of its current projects and has also managed several industrial water/wastewater projects in the past some of which include:
• City of Cypress Department of Public Works, Myra Ave. Pump Station No. 2 Reconstruction, worked as a Project Manager, interfacing with the Owner and General Contractor to coordinate the installation of a new Motor Control Center, VFDs, Pumps, a SCADA System and backup generator at a 45 year old pump station rehabilitation to prepare for the 100 year flood.
• Irvine Ranch Water District, Orchard Hills (PA1) ILP Turnout, worked a Project Manager to coordinate and oversee the installation of flow meters, pressure transmitters, an antenna mast, site lighting and electrical conduit and wiring for the new station for the water district. • Irvine Ranch Water District, Zone 3 to 4 Domestic Water PRV Site Northwood Reservoir, again worked as a Project Manager to oversee the field construction of the PRV station for the water district.
Coordinated the installation of new MOV’s, a service pedestal, pumps, and instrumentation.
Mr. Bracamontes has Bachelors of Science in Electrical Engineering, emphasizing in Communication from the California State Polytechnic University, Pomona. Prior to joining LEED Electric, Mr. Bracamontes worked as a Project Manager for over 13 years for another local contractor, Beard Electric in Santa Fe Springs and 2 years working as an Electrical Systems Engineer with Trams International, Inc. before joining the Leed Electric team.
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Page | 12 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Jerry Romero, Project Manager:
Mr. Romero joined LEED Electric in June 2018 to be a part of its Project Management Team. Mr. Romero has over a combined 23 years of experience in the electrical and instrumentation & controls industry. This includes site field superintendent positions in the heavy industrial construction sector, with a specialty in the water/wastewater, chemical plants, booster and lift stations.
Mr. Romero has managed many industrial water/wastewater projects, some of which include:
• City of Perris chemical treatment plant: This project consisted of a new freshwater treatment facility. Included in the scope of work were underground duct banks, manholes, service board, MCC, Pumps, instrumentation & controls, SCADA, PA and fire alarm systems.
• City of Long Beach Haynes facility: This project was a design build reverse osmosis plant. Included in the scope of work were new pumps, VFD’s, MCC’s, motor operated valves and instrumentation and controls.
• City of Anaheim, Lenain Water Treatment Plant, Contract Value: $2.3M, Installation of Switchgear, Motor Control Center, VFD’s, Instrumentation and Control Panels, and Lighting. Role: Project Manager • Mission Village Temporary Pumping Plant and Force Main for new construction in the Valencia area.
Installation of conduit, wire, Switchgear, Motor Control Center, new VFD’s, Instruments, Control Panels and Lighting for a ground up new construction pump facility. Contract value: $664,488, role was Project Manager.
Mr. Romero experience of accountability included submittals, material procurement, scheduling of field crews, as well as sub-contractors and startups.
Michael Gomez, Project Manager:
Mr. Gomez brings more than 15 years of experience to his current role. He has performed many functions in the industry, attaining a foundation in the field as an electrician, and leading in roles such as Project Engineer, Assistant Project Manager and Project Manager.
Mr. Gomez actively participates in project bids, project development, managing schedules and discerningly managing project deliverables. His responsibilities entail initiating projects, project planning, executing, monitoring and controlling, and the successful projects closeout. He has a bachelor’s degree in Electrical Engineering and hold a General Electrician license. He is proficient in Bluebeam, Accubid and Microsoft office. Mr. Gomez completed projects are as follows: Los Angeles Federal Courthouse, MCAGRCC – Generator Upgrade, Orange County Sanitation District P2-110, LACSD JWPCP Power Service for the Advance Water Treatment Demonstration Facility. He is currently the Project Manager for the OSCD P2 A – Side Primary Clarifiers Replacement project.
City Council 19 – 96 2/15/2022
Page | 13 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Karen Ankenbauer, Assistant Project Manager:
Ms. Ankenbauer has been in the electrical construction industry since 1999, starting at a small shop in the Los Angeles area (Angeles Electric) that mainly did TI and commercial work in the LA and Long Beach areas. Some of the project highlights at Angeles Electric were the: Marion Davie Rehab and Reuse project in Santa Monica, Solar project at Burbank Airport and four floors at the Doctor’s Hospital project. Some of Ms.
Ankenbauer’ responsibilities at Angeles included (not limited to): Billing, Collections, Completing Prequalification’s, Preliminary Notices (and tracking 30, 60, 90 days after final labor so we didn’t lose our lien rights), T&M pricing and billing, Change Order processing and updating SOV’s for billing. From Angeles Electric Ms. Ankenbauer went to Doty Bros. where her primary functions were Bid Coordination, Job Walks, Some Estimating, submittals, and following through on contract documents, some projects were the Morris Dam, Oxnard Advanced Water Purification Plant, and Weymouth MWD. From Doty Bros. Ms. Ankenbauer went to Neal Electric where she focused on change orders, billing, collections, assisting the division manager, Prequals, PLA documents, writing subcontracts and major PO’s following through with the PLA documents for compliance, bid advertisements, and office facilities. Some of the highlight projects at Neil were the Haynes Power Plant, Long Beach Pumping Plant, & San Jose Creek. After Neal Electric Ms. Ankenbauer went to A-C Electric as a Project Assistant where she did everything from contract routing, PLA documents, submittals, change orders, RFI’s, job walks, pre-job orientation meetings, bid/contract scope reviews with the PM’s, major PO buyout reviews, billing, collections, assisting PM’s with their projections. Some of the project highlights were the Jockey Pump at Port Hueneme, Roosevelt High School (LAUSD), Santa Ana Jr. College Student Center. Programs: Textura & Procore License: Notary, Completed: Basic Estimating at LA NECA.
Sepehr Fanaeian, Project Engineer:
Mr. Sepehr Fanaeian has been with LEED Electric since August 2017. He has 9 years of experience in Electrical and Control Engineering field. He worked for 5 years with Science Instrument Co. in Baltimore, Maryland as well as overseas in Haifa, Israel at the Baha’i World Centre in the Engineering Department - Electrical/Control Engineering Management Team for more than 4 years of his stay there. He has extensive experience on electrical system project and upgrading of control and security systems.
Mr. Sepehr Fanaeian has a Bachelor of Science in Electrical Engineering Degree, with Electronics Minor from BIHE – online University in Tehran, Iran, and he continued his post-baccalaureate at the University of Maryland – UMBC. Mr. Fanaeian is responsible for the production of project submittals, from generation to approval and tracking these documents, field RFI’s, and supporting the Project Manager, Superintendent and Field Foreman, attending meetings, generating schedules and tracking materials and gear to ensure on-time delivery.
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Page | 14 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Abdel Hamid, Project Engineer:
Mr. Hamid joins the Leed Electric team most recently in October 2020 possessing a strong education Bachelor of Science in Electrical Power Engineering Technology, University of Houston, College of Technology, with experience and skills that consist of: Proficient in MS Office, Bluebeam Revu, AutoCAD, Electrical Circuit & Power Systems Analysis, Basics of C++ Programming, Matlab, MIPS, VHDL, PLCs, Altium Designer, AutoCAD, SAP and Accubid. He plans to apply his technical knowledge, analytical skills, and achieve hands-on experience in a leading organization while expanding his electrical design knowledge and workplace competency through continuous research and training. Additionally, his previous job facilitated in him being committed to quality, continuous improvement, and the ability to function effectively as a member of a team with the highest professional and ethical standards. He comes to us with skills as a Project Engineer managing multiple low voltage subcontractors, submittal processing, RFI’s, coordination of trades, Oversee QA/QC procedures for low voltage systems and experience assisting with change orders and negotiations for added scope.
Cindy Roman, Project Coordinator:
Mrs. Roman joins the Leed Electric team most recently in August 2021. She comes to us with skills as a strong Project Administrator assisting in multiple projects ranging from 18 million32 million dollars. Mrs. Roman has also Provided T&M processing and Auditing at Jet Propulsion Lab for a contract value of $13 million which includes Change Order processing and updating SOV’s for billing. Some or her other abilities include managing all project document control inclusive of billings, submittals, project access, procurement, Field Time Cards, GC Dailies and Safety documentation. Programs Procore and MS Office. Completed Basic Project Management NECA courses.
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Anthony Santoro, Preconstruction Engineer:
Mr. Santoro started with Leed Electric in August 2015, although his career in the electrical industry began with Beard Electric in Santa Fe Springs, California in 2004.
He has over 10 years’ experience working as an assistant PM/Support Staff at Beard Electric and looks to take on more challenging rolls now at Leed Electric in the coming years of his career. He worked as an assistant PM on several water and wastewater projects working with fellow employee Mr. Bracamontes while at Beard Electric, generating submittals, RFI’s and assisting with purchasing and change order management. Currently with Leed Electric Mr. Santoro works as a Preconstruction Engineer, overseeing Estimate preparation and procurement of project plans and specifications as well as interfacing with General Contractors and attending pre-bid meetings and generating company prequalification packages and successfully obtaining prequalification’s for LA County Department of Public Works, City of Santa Ana, Water Replenishment District of Southern California and Mesa Water District, most recently Chino Basin Desalter Authority and the City of Seal Beach as their Electrical Maintenance Contractor. Mr. Santoro previously worked on submittal packages for both in house submittals and packing vendor submittals along with processing RFI’s all of the Time and Material Estimates / Change Orders and supported the Project Managers, Field Operations Manager and Executive Supervisors with delegated tasks, before being promoted to the Estimating Department where his current focus is estimating support, bid packages, and prequalification, to pre-con responsibilities. Mr. Santoro also helps in processing work orders for the current On-Call Operations Telemetry System Maintenance Services Project with LACDPW in the capacity of supporting the field crewmembers as well as office management staff, to ensure purchases are made on time and work orders are scheduled and completed in a timely and professional manner. Mr. Santoro graduated with an Associate’s Degree in Administration of Justice from Long Beach City College and looks to further his knowledge of project management, preconstruction and supervisory skills while working with the Leed Electric team.
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Daniel Flores, IBEW Certified Electrician: General Foreman Electrician:
Mr. Flores has been with Leed Electric, Inc. since 2004, and has completed the IBEW apprenticeship program and worked for Leed Electric as an Apprentice and graduated to Journeyman and was promoted to Foreman then General Foreman. Mr. Flores is OSHA 10 and 30 certified and completed Confined Space Training, and graduated with an Associate Degree in Liberal Arts from Santa Monica College. He has worked on and completed several projects for Leed Electric which some are listed here:
• LACDPW Compton Creek, Foreman demo of existing conduits, wires and controls at lift station facility to run new conduit and wire for new engines and pumps installed at the facility by the general contractor. Installed gas detector system and propane gas backup for engine operations, conducted field testing and started up system. Installed field site lighting and inside pump station, conducted field meetings and coordinated work with project manager and general contractor, the project concluded in 2015. Position: Foreman
• LACDPW Terminal Island WRP Tertiary Filters Rehabilitation, Foreman Installed conduit systems and wiring to new MOV's at the sand filter area, installed new control panel for new MOV's and pulled analog, control and power wire to (64) new MOV's, the project was completed in 2015. Position:
Foreman
• West Basin Municipal Water District Edward C. Little Water Recycling Facility Clean-in-Place Waste Discharge Project, Foreman Worked on field layout and material procurement and installation. Made field installation schedule for project, conducted safety meetings, started the project from underground conduit installation and up, installed utility conduit run, installed new Switchgear, MCC and lighting.
Ran conduit and wire in the pump station and treatment system, tested system and startup conducted.
Managed installation and coordination with owner and general contractor to complete the project in late 2018. Position: Foreman
• City of Los Angeles, Venice Dual Force Main and Generator Installation, General Foreman, he has overseen the installation from underground PVC conduits to above ground GRC and PVC Coated conduits. He has assisted in the redesign and installation of (2) large Cummins generators. Installation of new control panels, Switchgear, Instrumentation and Controls, The project completed in late summer 2019.
With the training and experience working for Leed Electric for so many years Mr. Flores is qualified for any wastewater project that LEI is awarded and in currently supervising several LEI projects in his General Foreman capacity where he will oversee a Foreman and his crew to ensure the project is completed on time and per spec.
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Edgar Saldivar, IBEW Certified Electrician: General Foreman Electrician:
Mr. Saldivar has over 18 years of Commercial and Industrial experience. Adept in performing electrical installations, maintenance, and repairs in water plant facilities; knowledgeable in all areas of the national electrical code; and excel in analyzing and solving problems with various electrical controls and systems. For the past 5 years, as a Foreman, Mr. Saldivar has completed several projects in Los Angeles County. The following projects executed by Mr. Saldivar are as follow:
• San Jose Creek Water Reclamation Plant, in Whittier, installed a Unit Substation 1C2-1D2 and associated electrical duct banks, cable trays, manholes, pull boxes and 5-kv conductors. At the Sludge pump station, I coordinated the installation of VFCs, switchboards, panelboards, transformers, Control Panel and instruments.
• Terminal Island Water Reclamation Plant: Microfiltration, reverse osmosis and chlorination underground duct banks, manholes and Prefab Electrical Rooms. Control Panels and all Instrumentation such as FITs, PITs, DPITs, LITs AITS,
• Maywood Mutual Water Company, in Huntington Park, the electrical room with ATS and Generator was modernized. Installed new Backwash Pump, Reclaim Pump, Sludge Pump Microfiltration vessel with MOVs, DPITs, FITs and PITs.
• Mesa Water District, Well Automation and Rehabilitation Project at Mesa Wells 1, 3, 5, 7 and 9 spread across the city of Costa Mesa. The work included, the upgrades of the wells, pump replacement, gas engine replacement, general electrical equipment replacement, new emergency generators, construction of new chemical storage and feed systems area, replacement of wellhead piping, instrumentation upgrades, and site security improvements, with the contract constraints that only 1 well could be offline at a time and there was a schedule as to when it was okay to take wells offline. Work for this project took place in 2 shifts with Mr. Saldivar working as the General Foreman, overseeing both day and night activities due to project requirements.
Mr. Saldivar is a Certified General Electrician and has obtained a C-10 state license and has completed the following courses; code, instrumentation, and foreman courses at Electrical Training Institute through IBEW.
Edgar has the skills to complete any instrumentation project and is currently working for the City of Santa Ana as the maintenance contractor of choice for several of the cities Pump Stations and Treatment Systems. As well as working for Mesa Water District in a service contract for their reservoirs and has expertise in this industry that is very hard to match.
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Joseph Evanilla, IBEW Certified Electrician: General Foreman Electrician:
Mr. Evanilla came to Leed Electric in early 2020 as a General Foreman Electrician, with more than 35 years of experience planning, developing, and implementing construction projects. Extensive understanding in Public Works Water Production. Mr. Evanilla has spent his careering working for A & B Electric Company, then over to Morrow-Meadows Corp before joining Leed Electric. His career and training highlights are EPRI Certification, AC/DC power and control systems, Electro-mechanical proficiency, Complex issues management, Understanding of client business requirements, Strong customer focus, Works well in team environment, Blueprint takeoff, Project layout, Control schematic production and an Extensive knowledge in electrical tools and equipment. Some of the many projects Mr. Evanilla has completed are listed here:
LAXFUEL Corporation, 4 TANK Project 2019, Metropolitan Water District, Joseph Jensen WTP Plant Electrical Upgrades Stage 1A 2018, City of Chino, Eastside Water Treatment Plant 2016, Three Valleys Municipal Water District, San Antonio Spreading Grounds 2014, City of Brea, La Florista Sewer Lift Station 2014, City of Covina, Charter Oak Reservoir 2014, Fontana Water Co., Sandhill Hydroelectric Generators Plasent 2013 and Rancho Cucamonga Water District, Arthur Bridge WTP 2013 and many more dating back to 2003. Mr. Evanilla is a valued addition to the Leed Electric team with his unmatched experience, skills and leadership qualities.
Michael Marshall, IBEW Certified Electrician: Foreman Electrician:
Mr. Marshall joined Leed Electric in 2016; he completed the IBEW Five Year Apprenticeship Program in 2016.
Mr. Marshall has previous experience working for Neal Electric working on water and waste water projects.
When Mr. Marshall joined Leed Electric in 2016 he began working on several water and wastewater treatment projects in varies stages of completion. Some of the projects Mr. Marshall has completed are the following:
• Los Angeles Wastewater Integrated Network Systems (LAWINS), working with the integration at Hyperion Treatment Plant under the supervision of our General Foreman Instrument Tech. • 2017 West Coast Basin Barrier Telemetry Project, for Los Angeles County Department of Public Works, upgraded the existing telemetry system by adding new PLC's with battery backup, re-terminated the system to work with the new interface. For the West Coast Barrier reach of the Seawater Barrier System for LACDPW. Position: Journeyman
• Currently working on the Seawater Barrier Maintenance Contract as the dedicated Certified Electrician, when WO’s come in he reviews the requirements and completes the necessary work for the Los Angeles County Department of Public Works. Installing new sensors, troubleshooting, working with our subs troubleshooting communication issues and solving these problems so that County may have a working monitoring system.
Mr. Marshall has also worked on projects such as the West Basin Project Phase V, LAX/Crewshaw Transit Corridor and has some experience in Photovoltaic Systems in his training. While at Leed Electric he has worked under the direction of Miguel Chavez working on the Telemetry Projects recently completed by Leed Electric and has valuable expertise at the Barrier Systems.
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Sergio Hernandez, IBEW Certified Electrician: General Foreman Electrician:
Mr. Hernandez completed the IBEW Apprenticeship Program; He has over 11 years of electrical experience in this field. He joined Leed Electric in 2016 working on several water and wastewater treatment projects in varies stages of completion. Some of the projects Mr. Hernandez has completed are the following:
• 2010-2012 Morris Dam provide and install switchgear, MCC, PLC, Control Panels, 6 MOV’s, FIT's, PITs, Generator, and Lighting for the Dam. Position: Journeyman • 2013-2016 San Jose Creek Ras Pump Station - Install substation, Manholes, MCC, PLC, Control Panels, VFC's, FIT's, LIT's, PIT's, and installed medium voltage cable. Position: Journeyman • 2016 Long Beach Pump Station- installed Bus Duct, switchgear, MCC, PLC's, Control Panel's, VFC's, 6 MOV's, vibration switches, and fire alarm. Position: Foreman • 2017-Current Santa Anita Dam Spillway Modification Project, Position: Foreman, overseeing the installation of underground and above ground conduits, above, below and on the Santa Anita Dam face.
Safety is his top priority while supervising this projects crew. The work consists of installing Lightings, as well as helipad lights, Manual Transfer Switch, UPS, Generator Connections, Cable Tray Systems and Fiber Optic Cable and Hardware.
Mr. Hernandez has a solid work ethic and keeps close eye on safety performance of not only his crew, but of crews working alongside so as to ensure nothing dangerous goes on with a potential for injury. Mr. Hernandez is an asset to LEI.
Christian Tomren, IBEW Certified Electrician: Foreman Electrician:
Mr. Tomren joined Leed Electric in 2017; he completed the IBEW Electrician Program in 2009. He joined Leed Electric in 2017 working on several water and wastewater treatment projects in varies stages of completion. Mr.
Tomren has many qualifications, which are: CA General Electrician Certified 2008, Advanced Lighting Control 2013, Solar PV/Installer 2009, OSHA 10 & 30, First Aid, CPR Trained, Confined Space Certification and can operate several different types of construction equipment with different certifications.
Some of the projects Mr. Tomren has completed are the following:
• Mr. Tomren completed the MWD Advanced Water Treatment Demonstration Facility, General Foreman Electrician.
• CIP 5233 Terminal Island Advanced Water Purification Facility Doubled Capacity of Clean water to 12 MGD. Installed two new 200HP VFD. New MF Facility and Electric Room with 2 60 HP VFD's. New RO Facility and Electric Room with 2 500HP VFD's. New AOP UV System Facility. 10 Chemical Metering Pumps and new Sodium Hypochlorite Facility. 3 125 HP Product Water VFD's. New UPS System for 8 PCM's. 3 New Man Holes and Associated Duct Banks. 8 PCM Demo and Installation of New PCM's. Managed 21 Electrician's during the peak of the project. New MCC inside main electric building. Position: General Foreman Electrician
• Carbon Canyon Water Recycling Facility, PLC Upgrades, Install New Conduit and Wire, 4 New PLC's and Cutover 1 train at a time. New Server Room. Position: Foreman Electrician Mr. Tomren has the proven ability to schedule/manage employees while maintaining maximum productivity, and is an excellent addition to Leed Electric and is prepared for any project, and is a valued asset to have a part of our team, ready to tackle what may come ahead.
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Sean Eagle, IBEW Certified Electrician: Foreman Electrician:
Mr. Eagle joined Leed Electric a few years back and has been a Union Electrician since 2011 with Orange County IBEW Local 441. His education began at Brooks College where he received his Associate's Degree in Programming and Networking. Shortly after he began his electrical education with the union where he became a State Licensed Electrician. Mr. Eagle also has several certifications, those in CPR and first aid, High-reach fork lift, and Hilti powder actuated gun. His job responsibilities in the past have included, Chapman University, Mary Pickford Theater, Fox Studios, solar in Huntington Beach Civic Center, utility yard and library, solar at George F Bailey Detention in Chula Vista, solar at Kaiser in Yorba Linda and solar in schools, new construction High Rise buildings in Fashion Island and Irvine, commercial Tenant Improvements, and multiple parking structures. Mr. Eagle joined Leed Electric in 2017 as a 5th year apprentice and became a Foreman officially in September 2018. He has lead projects at Mid-Basin, Orange County Water District, and Temescal Valley Water District Water Reclamation Plant Phase IV Expansion as well as assisted at Mesa Well Automation, Mesa Water District. Mr. Eagle is currently leading the Yorba Linda Water District HQ PFAS Water Treatment Plant located in Yorba Linda for the Orange County Water District.
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Page | 21 13138 Arctic Circle, Santa Fe Springs, CA 90670-5508 LEED Electric Inc.
RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Additional Project Experience
Project No. 1
Project Name Seawater Barriers Maintenance Services for Telemetry System and Appurtenances 2015-2020
Location Los Angeles County, CA
Owner County of Los Angeles Department of Public Works
Project Manager Name
E-mail and Telephone No.
Adam Lee, P.E.
(626)458-6185
[email protected]
Contract Value
(including change orders) $416,309.00 Annually
Brief Description of Firm's Scope of
Work for the Project
Electrical and Instrumentation Maintenance for LA Counties Seawater Barrier Injection Wells and Observation Wells. Installation of sensors, instruments, conduit, wire, testing of instruments and equipment as well as water levels with sounder tool. Over 30 wells in the Long Beach, Wilmington, Carson area.
Completion Date July 2020
Project No. 2
Project Name On-Call Consultant Services for the Los Angeles Wastewater Information Network System (LAWINS)
Location Playa Del Rey, CA
Owner City of Los Angeles, Department of Public Works, Sanitation Bureau Project Manager Name
E-mail and Telephone No.
Tim Makela
310-648-5920
[email protected]
Contract Value
(including change orders) $ 7,300,000.00
Brief Description of Firm's Scope of
Work for the Project
Instrumentation and System Integration for Honeywell DCS Cutover, Testing of over 15,000 field instruments and replacement of over 100,000 LF of Instrument and Power Cable (HWRP, TIWRP, DCTWRP & LAGWRP) Completion Date December 2019
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Project No. 3
Project Name Burris Pump Station Phase 2
Location Anaheim, CA
Owner Orange County Water District
Project Manager Name
E-mail and Telephone No.
Ryan Bouley
(714) 378-3200
[email protected]
Contract Value
(including change orders) $ 2,501,583.50
Brief Description of Firm's Scope of
Work for the Project
Electrical and Instrumentation for a new pump station. 4160V, 2000A New Service, QTY (4) 1750HP 4160 VFD's 2000A Motor Control Center Installation, Allen-Bradley PLC, HMI and SCADA Installation and installation of a 12KV/4.2KV Transformer.
Completion Date November 2017
Project No. 4
Project Name Regional Treatment Plant Cogeneration & Switchgear Upgrade Project Location Laguna Niguel, CA
Owner South Orange County Wastewater Authority
Project Manager Name
E-mail and Telephone No.
Mike Matson & Brian Peck
(949) 234-5400
[email protected] & [email protected]
Contract Value
(including change orders) $ 1,811,025.28
Brief Description of Firm's Scope of
Work for the Project
Demolition of existing conduit and wire, furnish and install underground conduit, manholes, 2,000FT of 12x750MCM XHHW Power Feeder Wire, Instrument Cable, Switchgear, Cogeneration Engine, PCL and SCADA Completion Date July 2018
Project No. 5
Project Name Dominguez Gap Barrier Telemetry Systems
Location Los Angeles County
Owner County of Los Angeles Department of Public Works
Project Manager Name
E-mail and Telephone No.
Adam Lee, P.E.
(626)458-6185
[email protected]
Contract Value
(including change orders) $ 2.1M
Brief Description of Firm's Scope of
Work for the Project
Furnish & Install 9 Miles of Fiber Optics, Power and Instrumentation Cable for SCADA and Telemetry System and Flow Diversion.
Completion Date June 2018
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Project No. 6
Project Name Mesa Well Automation & Rehabilitation
Location Costa Mesa, CA
Owner Mesa Water District
Project Manager Name
E-mail and Telephone No.
Kieler Smith
(949) 330-4172
[email protected]
Contract Value
(including change orders) $ 3,343,284.82
Brief Description of Firm's Scope of
Work for the Project
5 Well Sites, Integration & Automation, (4) Variable Frequency Drives, (5) Motor Control Centers, (5) Switchboards, Instrumentation at all Sites, Flowmeters, Control Panels at all Sites, Setting of a 164 Sq Ft Prefabricated Electrical Building at Well 1.
Completion Date February 2019
Project No. 7
Project Name Temescal Canyon Park Stormwater BMP Project Phase II Location Los Angeles, CA
Owner City of Los Angeles Depart. Of Public Works, Bureau of Engineering Project Manager Name
E-mail and Telephone No.
Waleed Azar
(213) 272-4254
[email protected]
Contract Value
(including change orders) $ 659,143.00
Brief Description of Firm's Scope of
Work for the Project
Installation of new conduit, wire, instrumentation and instrument cable.
Furnish and Install VFD, MCC Switchgear, and new Stormwater Treatment System.
Completion Date August 2018
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Project No. 8
Project Name Advanced Water Treatment Demonstration Facility Location Carson, CA
Owner Metropolitan Water District of Southern California Project Manager Name
E-mail and Telephone No.
Joe Robles, P.E.
(909) 392-2586
[email protected]
Contract Value
(including change orders) $4,039,000.00
Brief Description of Firm's Scope of
Work for the Project
New Ground up Advanced Water Treatment Demonstration Facility with
0.5MGD Clean Water Production. Systems installed MSR, Chemical Feed System, RO System, Advanced Oxidization UV. Turn Key Electrical and Instrumentation which included Prefabricated Electrical Building, Service Switchboard, MCC, VFD’s, Main PLC (1,500 I/O’s), RTU, Local Control Panels, (11) Analyzer Racks, Ammonia, PLC & SCADA, Programming, Testing, Startup & Commissioning.
Completion Date December 2019
Project No. 9
Project Name Hyperion Secondary Effluent Pump Station Improvements Location Playa Del Rey, CA
Owner West Basin Municipal Water District
Project Manager Name
E-mail and Telephone No.
Kevin Cullen, MSCE
(310) 660-6259
[email protected]
Contract Value
(including change orders) $3,080,000.00
Brief Description of Firm's Scope of
Work for the Project
Furnish & Install Electrical Ductbank, Medium Voltage Switchgear, Control Panels, DCS System, Motor Control Center and Pumps, 4160V, Qty (2) 600A with Main-Tie-Main Circuit Breaker
Completion Date January 2020
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Project No. 10
Project Name Venice Dual Force Main & Pumping Plant Generator Replacement Location Venice, CA
Owner City of Los Angeles, Bureau of Engineering
Project Manager Name
E-mail and Telephone No.
Richard Southerland
(310) 301-2109
[email protected]
Contract Value
(including change orders) $4,688,790.00
Brief Description of Firm's Scope of
Work for the Project
Replacement of Generators, furnish and install Instrumentation and Controls, Underground conduits, wire, cable and controls.
Completion Date Jan. 2020
Project No. 11
Project Name Valencia Water Reclamation Plant UV Disinfection Facilities Location Valencia, CA
Owner Santa Clarita Valley Sanitation District of Los Angeles County Project Manager Name
E-mail and Telephone No.
Jelmer Torres
(562) 699-7411
[email protected]
Contract Value
(including change orders) $3,633,922.00
Brief Description of Firm's Scope of
Work for the Project
Furnish and install new UV Disinfection System, infrastructure, including 2 Unit Substations, MCC’s VFD’s, Control Panels, Instruments, Commissioning and Startup Services.
Completion Date March 2021
Project No. 12
Project Name Greg Avenue Pressure Control Structure Pump Modification and New Control Building
Location Sun Valley, CA
Owner The Metropolitan Water District of Southern California Project Manager Name
E-mail and Telephone No.
Joe Robles, P.E., (909) 392-2586, [email protected]
Shane Singh, (303) 995-1287, [email protected] Zakir Hirani, (626) 375-6780, [email protected]
Contract Value
(including change orders) $3,539,258.00
Brief Description of Firm's Scope of
Work for the Project
New pump station building, infrastructure, including new LADWP Substation, MV Switchgear, MV VFD’s, 4160V switchgear, 1,200AMP, temporary 4160V switchgear, bus duct, security system, control panels, flow meters, PLC and programming, commissioning, and startup.
Completion Date Feb. 2021
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Additional Client/Customer References
Client No. 1
Client Name County of Los Angeles, Department of Public Works Contact E-mail, Telephone No.
and Address
Adam Lee
(626) 458-6185
[email protected]
900 S Fremont Ave
Alhambra, CA 91803
Client No. 2
Client Name City of Santa Ana
Contact E-mail, Telephone No.
and Address
Juan Ramirez
(714) 647.3377
[email protected]
220 S. Daisy Ave
Santa Ana, CA 92703
Client No. 3
Client Name Mesa Water District
Contact E-mail, Telephone No.
and Address
Dustin Burnside
(949) 207.5466
[email protected]
1965 Placentia Ave
Costa Mesa, CA 92627
Client No. 4
Client Name Irvine Ranch Water District
Contact E-mail, Telephone No.
and Address
Jacob Moeder
(949) 453-5544
[email protected]
15600 Sand Canyon Ave
Irvine, CA 92618
Client No. 5
Client Name City of Los Angeles, Department of Public Works Contact E-mail, Telephone No.
and Address
John Hamilton
(310) 648-6129
[email protected]
12000 Vista Del Mar
Playa Del Rey, CA 90293
Client No. 6
Client Name Orange County Water District
Contact E-mail, Telephone No.
and Address
Ryan Bouley
(714) 378-3200
[email protected]
18700 Ward Street,
Fountain Valley, CA 92708
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Client No. 7
Client Name City of Santa Monica
Contact E-mail, Telephone No.
and Address
Deborah McCloskey
(310) 458.2201
[email protected]
2500 Michigan Avenue
Santa Monica, CA 90404
Client No. 8
Client Name Water Replenishment District (WRD) of Southern California Contact E-mail, Telephone No.
and Address
Tom Knoell
(562) 275.4266
[email protected]
4040 Paramount Blvd.
Lakewood, CA 90712
Client No. 9
Client Name City of Santa Ana
Contact E-mail, Telephone No.
and Address
Cesar E. Barrera, P.E.
(714) 647.3387
[email protected]
220 S. Daisy Ave
Santa Ana, CA 92703
Client No. 10
Client Name J.F. Shea Construction
Contact E-mail, Telephone No.
and Address
Ray Watford
(909) 595-4397
[email protected]
667 Brea Canyon Road, Suite 30
Walnut, CA 91788-0489
Client No. 11
Client Name Pacific Hydrotech Corporation
Contact E-mail, Telephone No.
and Address
Ozzie Garibaldo
(951) 943-8803
[email protected]
314 E. 3rd St.
Perris, CA 92570
Client No. 12
Client Name RSH Construction
Contact E-mail, Telephone No.
and Address
Bob Hamilton
(951) 925-2288
[email protected]
3883 Wentworth Drive
Hemet, CA 92545
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
Client No. 13
Client Name Schuler Engineering
Contact E-mail, Telephone No.
and Address
Brian Sohl
(951) 738-9215
[email protected]
564 Bateman Circle
Corona, CA 92880
Client No. 14
Client Name SS Mechanical Construction Corp.
Contact E-mail, Telephone No.
and Address
John Whelan
(714) 847-1317
[email protected]
26561 Jacinto Drive
Mission Viejo, CA 92692
Client No. 15
Client Name PPC Construction, Inc.
Contact E-mail, Telephone No.
and Address
Samuel P. Hannah
(323) 256-2600
[email protected]
930 Colorado Blvd., Suite 3
Los Angeles, CA 90041
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RFP For On-Call Electrical Repair & Rehabilitation Services LEED Electric, Inc. Statement of Qualification
T&M Labor Rates & T&M Cost Proposal Sample
City Council 19 – 113 2/15/2022
13138 Arctic Cir, Santa Fe Springs, CA 90670
P: (562) 270-9500 F: (562) 863-5723 ELECTRICIAN WORKING GEN'L FOREMAN APPRENTICE LABOR COST ITEMS Straight Time & Double Straight Time & Double Straight Time & Double (PER HOUR) Time 1/2 Time Time 1/2 Time Time 1/2 Time
ELECTRICIAN BASE RATE $103.61 $138.33 $173.06 $121.93 $165.40 $208.90 $81.59 $107.65 $133.69 ELECTRICIAN NET RATE (AFTER 20% MU) $124.33 $166.00 $207.67 $146.32 $198.48 $250.68 $97.91 $129.18 $160.43
STANDARD MARK-UP
Labor 20.00% 20.00% 20.00% 20.00% 20.00% 20.00% 20.00% 20.00% 20.00% Material 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% Subcontracts 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% Equipment (Rental or Owned) 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% 15.00% Truck With Tools $28.46 $28.46 $28.46 $28.46 $28.46 $28.46 $28.46 $28.46 $28.46 Bending and Threading Trailer with Generator $18.23 $18.23 $18.23 $18.23 $18.23 $18.23 $18.23 $18.23 $18.23 Note 1: Truck hours only applies to Working Foreman/GF. Trucks generally not used for commissioning. For installations truck will be charged at $28.46/HR Note 2: Per IBEW requirements, every construction job needs at least one Foreman/GF Note 3: Straight Time is Based on 8 Hours of Working
Note 4: Time & 1/2 applies for time spend for the first 2 Hours after Straight Time and Saturdays (10 Hours Max) Note 5: Double Time applies for time spent over Time & Half (2 Hours), Sundays and Union Holidays Note 6: All Labor rates are based on prevailing wage and includes cost of WC Insurance, GL Insurance, Tax and Fringe Benefits 2021 IBEW Electrician Rate Sheet
LEED ELECTRIC INC
City Council 19 – 114 2/15/2022
Project: LEI CE# DATE:
Contract: RFI # LOCAL:
Customer: CD/DOC # ESTIMATOR:
I. Material
1 . Material (See attached detail sheet) $ -
2 . Quoted Material & Services (See attached vendor quotes) $ - 3 . Allowance Miscellaneous Material/Consumables/Small Tools 0.00% of Line 1 &2 $ - 4 . Subtotal: $ -
5 . Sales Tax at applicable rate 10.50% of Line 4 $ -
6 . Shipping and Handling $ -
7 . Total Material Cost: $ -
II. Field Labor Regular Time Over Time x1.5 Over Time x2.0 8a . Electrician Labor Man Hours (see attached detail sheet) 0.00 hrs 0.00 hrs 0.00 hrs 8b . Job Factor 0.00 hrs 0.00 hrs 0.00 hrs
8c . Electrician Labor Efficiency Factor 0.00 hrs 0.00 hrs 0.00 hrs 8d . Safety 0.00 hrs 0.00 hrs 0.00 hrs
8e . Clean-up 0.00 hrs 0.00 hrs 0.00 hrs
8f . As -Built Drawings 0.00 hrs 0.00 hrs 0.00 hrs
8g . TOTAL ESTIMATED DIRECT LABOR MH (8a thru 8f) 0.00 hrs 0.00 hrs 0.00 hrs 9 . Journeyman hours (from 8g above-Regular Time) 0.00 hrs @ $103.61 /hour $ - 9a . Journeyman hours (from 8g above-OT 1.5x) 0.00 hrs @ $138.33 /hour $ - 9b . Journeyman hours (from 8g above-OT 2.0x) 0.00 hrs @ $173.06 /hour $ - 10 . Electrician GF/FM (Regular Time) 0.00 hrs @ $121.93 /hour $ - 10a . Electrician GF/FM (Over Time 1.5x) 0.00 hrs @ $165.40 /hour $ - 10b . Electrician GF/FM (Over Time 2.0x) 0.00 hrs @ $208.90 /hour $ - 11 . Helper/Apprentice (Regular Time) 0.00 hrs @ $81.59 /hour $ - 12a . Helper/Apprentice (Over Time 1.5x) 0.00 hrs @ $107.65 /hour $ - 12b . Helper/Apprentice (Over Time 2.0x) 0.00 hrs @ $133.69 /hour $ - 13 . Total Direct Labor 9 thru 12 0.00 $ -
14 . Allowance Miscellaneous Material/Consumables/Small Tools 0.00% $ - 15 . Overtime Expense from attached Schedule if applicable. 16 . TOTAL LABOR COST: $ -
III. DIRECT JOB EXPENSE
17 . Truck w/tools 0.00 hrs @ $28.46 /hour $ -
18 . Bending/Threading Trailer 0.00 hrs @ $14.56 /hour $ - 19 . Power Generator (under 10KW) 0.00 hrs @ $4.66 /hour $ - 20 . Forklift 0.00 hrs @ $500.00 /Week $ -
21 . Gradall 0.00 hrs @ $950.00 /Week $ -
22 . Project Manager/Design Consult/Fabrication 0.00 hrs @ $125.00 /hour $ - 23 . Make Copies of Prints $0.00 $ -
24 . Rented/Owned Tools & Equipment (See attached Equipment list ) $ - 25 . Allowance Miscellaneous Material/Consumables/Small Tools 0.00% $ - 26 . TOTAL EXPENSES: $ -
IV. OVERHEAD AND PROFIT
27 . Material $ -
28 . Material Markup 15.0% of line 27 $ -
29 . Field Labor $ -
30 . Field Labor Markup 20.0% of line 29 $ -
31 . Direct Job Expense $ -
32 . Direct Job Expense Markup 15.0% of line 31 $ -
33 . Subcontract (See attached subcontractor quotes) $ - 34 . Subcontract markup 15.0% of line 33 $ -
35 . Totals of Line 27 through 34 $ -
36 . Extended Overhead Breakdown (see attached Breakdown sheet) $ - 37 . Inefficiency Costs (see attached worksheet) $ -
38 . Subtotal $ -
39 . Bond Adder 0.00% of line 38 $ -
40. TOTAL FOR THIS ESTIMATE $ -
V. EXTENSION OF TIME REQUIRED: X Working Days Based on a X men crew AS
On-Call Electrical Repair & Rehab Services TEXXXXX-XXX
TXX-XXX
City of Santa Ana
Note: This Pricing is valid for 14 calendar days
~SAMPLE~
13138 Arctic Circle
Santa Fe Springs, CA 90670
www.leedelectric.com
TEL: (562) 270-9500
Description of
Work:
Estimate Proposal and Change Order Form
LEED ELECTRIC INC.
XX/XX/XXXX
11 City Council 19 – 115 2/15/2022
LEED ELECTRIC INC. ● 13138 ARCTIC CIR ● SANTA FE SPRINGS, CA 90670-5508 ● (562) 270-9500 TEL ● (562) 863-5723 FAX ● WWW.LEEDELECTRIC.COM LIC. # 379096 C10, A
Power, Control and Instrumentation Contractor Since 1979
MEMBER OF THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION
CITY OF SANTA ANA
RFP
ON-CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES
RFP NO.: 21-122
November 16, 2021 at 4:00PM
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City of Santa Ana Cesar Barrera [email protected]
215 S. Center Street
Santa Ana, CA 92703
714-647-3387
676,673.00 2017-2021
Electrical maintenance, repair, troubleshooting, installation at city pump stations, installation of holiday lighting.
Los Angeles County Public Works Adam Lee [email protected] 900 S. Fremont Ave.
Alhambra, CA 91803
626-458-6185
727,272.00 2019-Present
Electrical and Instrumentation Services and Maintenance on LA County's 100+ Seawater Barrier Injection and Observation Wells in Wilmington, Redondo Beach and Long Beach Areas since 2013.
Mesa Water District Dustin Burnside [email protected] 1965 Placentia Ave.
Costa Mesa, CA 92627
949-207-5466
100,000.00 2018-Present
Electrical maintenance, repair, troubleshooting, lighting, temporary power installation at agency operated pump stations.
N/A
N/A
N/A
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City of Santa Monica Tim Vosecky [email protected] 2500 Michigan Ave. Bldg 1
Santa Monica, CA 90404
310-458-2201
N/A
1,660,000.00 2018-Present
Electrical Installation, Service, Troubleshooting, Maintenance at several of the Water Treatment Facilities in Santa Monica.
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AGREEMENT TO PROVIDE ON-CALL ELECTRICAL REPAIR AND
REHABILITATION SERVICES
THIS AGREEMENT is made and entered into this 15th day of February 2022 by and between M Brey Electric, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On October 14, 2021, the City issued Request for Proposal No. 21-122, by which it sought a qualified contractor to provide on-call electrical repair and rehabilitations services for the City’s Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-122.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-122, which is attached as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-122. The total compensation for services provided by all contractors selected under RFP No. 21-122, including any extension period, shall not exceed the shared aggregate amount of six million dollars and zero cents ($6,000,000).
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
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Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on February 15, 2022 and terminate on February 14, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
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 being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all City Council 19 – 127 2/15/2022
Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such City Council 19 – 128 2/15/2022
work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
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Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this City Council 19 – 131 2/15/2022
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: M Brey Electric, Inc.
408 Elm Ave.
Beaumont, CA 92223
Attn: Matthew Brey, President
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or City Council 19 – 132 2/15/2022
obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
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19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[signatures continued on next page]
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EXHIBIT A
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EXHIBIT B
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City Attorney Office
www.santa-ana.org/ca
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: First Amendment to Legal Services Agreements
AGENDA TITLE:
Approve First Amendments to Legal Services Agreements with Lewis Brisbois Bisgaard & Smith LLP and Everett Dorey LLP Establishing Total Agreement Compensation and Expanding Scope (General Fund)
RECOMMENDED ACTION
1. Authorize the Assistant City Manager to execute the First Amendment to Legal Services Agreement with Lewis Brisbois Bisgaard & Smith LLP increasing the total agreement compensation to $750,000 and increasing the scope of services to include additional pending litigation subject to non-substantive changes approved by Assistant City Manager and Chief Assistant City Attorney; and
2. Authorize the Assistant City Manager to execute the First Amendment to Legal Services Agreement with Everett Dorey LLP increasing the total agreement compensation to $400,000 and increasing the scope of services to include additional pending litigation subject to non-substantive changes approved Assistant City Manager and Chief Assistant City Attorney.
DISCUSSION
On November 8, 2021, the Santa Ana Police Officers Association and Gerry Serrano filed a complaint in Orange County Superior Court against the City, the Santa Ana Police Department, and four individually named City Defendants. The matter has since been removed to federal court. On November 8, 2021, the Santa Ana Police Officers Association and Doe Officers filed a complaint in Orange County Superior Court against the City, Santa Ana Police Department, City Attorney’s Office and three individually named City Defendants.
Lewis Brisbois Bisgaard & Smith LLP is a well-regarded, full-service national law firm and the attorneys defending the litigation are experienced employment defense civil litigators. Likewise, Everett Dorey LLP is a well-regarded, civil litigation defense firm City Council 20 – 1 2/15/2022
First Amendment to Legal Services Agreements
February 15, 2022
located in Irvine. The attorneys defending the litigation are also experienced municipal defense and employment civil litigators.
Initially, the City entered into $50,000 legal services agreements with Lewis Brisbois Bisgaard & Smith LLP and Everett Dorey LLP under staff purchasing authority for the vigorous defense of these two pending litigation matters. Based upon budgets prepared by both law firms, the City Attorney’s Office is asking for a total not-to-exceed amount of $750,000 for the Legal Services Agreement with Lewis Brisbois Bisgaard & Smith LLP and a total not-to-exceed amount of $400,000 for the Legal Services Agreement with Everett Dorey LLP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Specialized legal services during the terms of these Agreements will be paid out of the Non-Departmental Professional Services (Account No. 01105015-62300). Future budget adjustments may be necessary to provide for future year costs (Fiscal Years 22-23 and thereafter).
Agreement with Lewis Brisbois Bisgaard & Smith LLP
Fiscal Year Accounting UnitAccount #Account
Description
Amount
FY 21-22 01105015-62300 Contract Services
Professional
$200,000
FY 22-23 01105015-62300 Contract Services
Professional
$250,000
FY 23-24 01105015-62300 Contract Services
Professional
$250,000
Total: $750,000
Agreement with Everett Dorey LLP
Fiscal Year Accounting UnitAccount #Account
Description
Amount
FY 21-22 01105015-62300 Contract Services
Professional
$125,000
FY 22-23 01105015-62300 Contract Services
Professional
$150,000
FY 23-24 01105015-62300 Contract Services
Professional
$75,000
Total: $400,000
City Council 20 – 2 2/15/2022
First Amendment to Legal Services Agreements
February 15, 2022
EXHIBIT(S)
1. First Amendment to Legal Services Agreement with Lewis Brisbois Bisgaard & Smith LLP
2. First Amendment to Legal Services Agreement with Everett Dorey LLP Submitted By: Laura Rossini, Chief Assistant City Attorney Approved By: Steven Mendoza, Assistant City Manager
City Council 20 – 3 2/15/2022
FIRST AMENDMENT TO
LEGAL SERVICES AGREEMENT
WITH LEWIS BRISBOIS BISGAARD & SMITH
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of February, 2022, by and between Lewis Brisbois Bisgaard & Smith LLP [ (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”). Consultant and City are also referred to herein as “Parties” or individually as a “Party.”
RECITALS
A. On November 19, 2021, the City and Attorneys entered into a Legal Services Agreement (“Agreement”) N-2021-254 for Attorneys to represent the City and certain individual City defendants in pending litigation.
B. The parties desire to amend the Agreement to increase the compensation of the Agreement, and to expand the scope of services to include additional pending litigation.
THE PARTIES THEREFORE AGREE:
1. Section 1, RETENTION OF ATTORNEYS, will be amended to add civil litigation defense of employment related matters including, but not limited to, Santa Ana Police Officers Association, et al. v. City of Santa Ana, et al. (Orange County Superior Court Case No. 30-2021-01230134).
2. Section 2b, COMPENSATION, will be amended to increase total agreement compensation from fifty thousand dollars ($50,000) to seven hundred and fifty thousand dollars and zero cents ($750,000.00).
3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
_____________________________ _____________________________ Daisy Gomez Steven Mendoza
Clerk of the Council Assistant City Manager
[Signatures continue on the next page]
EXHIBIT 1
City Council 20 – 4 2/15/2022
APPROVED AS TO FORM: LEWIS BRISBOIS BISGAARD & SMITH LLP _____________________________ ____________________________ Laura A. Rossini Name:
Chief Assistant City Attorney Title:
Jeffrey S. Ranen
Partner
City Council 20 – 5 2/15/2022
FIRST AMENDMENT TO
LEGAL SERVICES AGREEMENT
WITH EVERETT DOREY LLP
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of February, 2022, by and between Everett Dorey LLP [ (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”). Consultant and City are also referred to herein as “Parties” or individually as a “Party.”
RECITALS
A. On December 3, 2021, the City and Attorneys entered into a Legal Services Agreement (“Agreement”) N-2022-013 for Attorneys to represent an individual City defendant in pending litigation.
B. The parties desire to amend the Agreement to increase the compensation of the Agreement, and to expand the scope of services to include additional pending litigation.
THE PARTIES THEREFORE AGREE:
1. Section 1, RETENTION OF ATTORNEYS, will be amended to add civil litigation defense of employment related matters including, but not limited to, Santa Ana Police Officers Association, et al. v. (Orange County Superior Court Case No. 30-2021- 01230134).
2. Section 2b, COMPENSATION, will be amended to increase total agreement compensation from fifty thousand dollars ($50,000) to four hundred thousand dollars and zero cents ($400,000).
3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
_____________________________ _____________________________ Daisy Gomez Steven Mendoza
Clerk of the Council Assistant City Manager
[Signatures continue on the next page]
City Council 20 – 6 2/15/2022
APPROVED AS TO FORM: EVERETT DOREY LLP
_____________________________ ____________________________ Laura A. Rossini Name:
Chief Assistant City Attorney Title:
City Council 20 – 7 2/15/2022
Community Development Agency
santa-ana.org/cd
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 15, 2022
TOPIC: Smart Parking Meter Upgrades
AGENDA TITLE:
Agreement with IPS Group, Inc. for Modem Upgrade and Warranty for Smart Meters with Credit Card-Enabled Function (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with IPS Group, Inc. for smart meter data management, modem upgrades, extended warranty, and sensors for a five-year term with an option of two one-year extensions, from February 15, 2022 to February 14, 2027, in an amount not to exceed $300,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Improving the experience of visitors to various areas of the City and their ability to access parking remains a priority for Santa Ana. The city’s density, along with the number of people working or visiting the city on a daily basis, significantly affects traffic circulation and parking availability on the existing street network and off-street parking facilities. The City is continuously identifying innovative equipment and software or apps to provide a streamlined parking experience.
In 2014, the City of Santa Ana entered into an agreement with IPS Group, Inc. for the purchase and installation of approximately 593 credit card-enabled parking smart meters, which also included data management of the meters. IPS Group, Inc. presented quality equipment, approach, and methodology with the credit-card enabled meters, real-time data, and sensors. The smart meters are now in their seventh year without full warranty coverage and are in need of modem upgrades.
There are 575 smart meters serviced by the IPS Group, Inc. that are in need of a modem upgrade. The wireless carriers, Verizon and T-Mobile, are planning to sunset the older networks of 2G/3G to the new technologies of 4G/5G. The smart meters require a modem upgrade to continue their functionality of all payment options (coin and credit card), along with data tracking. IPS Group, Inc. provides proprietary smart meters and are the only firm that can provide such upgrade.
City Council 21 – 1 2/15/2022
Smart Parking Meter Upgrades
February 15, 2022
In addition to the modem upgrade, IPS Group, Inc. is offering the City an opportunity to purchase extended warranty for the meters at a competitive rate, which is in the City’s best interest financially (and for efficiency). The City has the discretion to opt in to either a 12-month extended warranty or 60-month extended warranty at a cost of $210 per meter after the modem upgrade has been completed at a cost of $185. Warranty coverage specifications are outlined in the Exhibit 1. The most comprehensive option is to purchase the 60-month extended warranty after the modem upgrade is completed because it will provide long-term sustainability, and is the most cost-efficient compared to purchasing and installing new meters that range in cost of $500,000. City parking meter technicians have extensive experience with installing, troubleshooting, and repairing meters. Further, staff has the expertise to make the determination to send the meters for full repair to IPS Group, Inc. as needed.
Santa Ana Municipal Code Section 2-807 requires that contracts for City purchases be awarded on the basis of obtaining maximum quality goods, services or performance at a minimum cost for the City after a competitive process. The Municipal Code also allows for awards of purchase that are exempt from the bidding process whenever the City desires to maintain an established aesthetic standard and/or functional characteristic for the purpose of preserving appearance and/or a cost savings for replacement. The City has approximately 575 smart meters, which are proprietary meters that only IPS Group, Inc. can repair or upgrade.
The IPS Group, Inc. smart meters have been reliable, easy to use, and offer multiple payment options. It will also be the most time efficient and cost effective to upgrade the modems and purchase the extended warranty instead of acquiring new meters.
Product/Service Price Per Unit
4G Modem Upgrade (includes new solar panel) $ 185
Optional: RMA Repair Service (includes 90 day warranty) $ 95 Shipping Free
Optional: Extended Warranty for 60 months
(City may exercise this option at any point up to 1-year from date of repair)
$ 210
Total $ 490
FISCAL IMPACT
Funds are available in the Parking Enterprise account (no. 02718131-62300) and will be appropriated in the future fiscal year budgets as follows:
Fiscal Year Accounting UnitAccount Fund Description Annual Amount FY 2021-2022 02718131-62300 Parking Enterprise $ 100,000 City Council 21 – 2 2/15/2022
Smart Parking Meter Upgrades
February 15, 2022
FY 2022-2023 02718131-62300 Parking Enterprise $ 190,000 FY 2023-2024 02718131-62300 Parking Enterprise $ 2,500
FY 2024-2025 02718131-62300 Parking Enterprise $ 2,500
FY 2025-2026 02718131-62300 Parking Enterprise $ 2,500
FY 2026-2027 02718131-62300 Parking Enterprise $ 2,500
Total $ 300,000
EXHIBIT(S)
1. Agreement – IPS Group, Inc.
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 21 – 3 2/15/2022
AGREEMENT TO PURCHASE PARKING TECHNOLOGY
AND RELATED SERVICES
This AgreementTo Purchase Parking Technology And Related Services ("Agreement") is made effective _________ (the "Effective Date"), by and between the City of Santa Ana, a municipal corporation (the "City"), and IPS GROUP, INC., a Pennsylvania corporation ("IPS"), with reference to the following:
RECITALS
A. City is a duly organized charter city and validly existing under the Constitution and laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
8. IPS is a Pennsylvania corporation that is qualified to do business, and is doing business in the State of California.
IPS markets and supports a variety of parking technologies, hardware, software and related services.
C. IPS has duly performed prior work for the City regarding parking meters and related services, pursuant to Agreement #A-2014-119, entered into on May 20, 2014, and there are no known claims related to the existing contract; As this contract shall now replace any and all prior contract(s), and to prevent any doubt, the City waives any and all claims, which it has or may have against IPS arising out of or in connection with the Contractor's execution of the previously existing contract.
D. City and IPS desire to enter into this Agreement for IPS to deliver and install its parking technology hardware (the "Equipment") and related software services (the "Services", and collectively "Equipment and Services") to the City upon the terms and conditions set forth below. The Equipment and Services are described in Attachments A (Proposal Letter dated August 19, 2021) and 8 (Pricing).
Now, therefore, the parties agree as follows:
TERMS AND CONDITIONS
1. Term of Agreement.
1.1. Initial Term. The term of the Agreement means the period from the Effective Date above and will be in effect for a period of five (5) years ("Initial Term").
1.2. Option to Extend. City shall have the option to extend the term of the Agreement for two (2) additional one (1) year increments, for a total period not to exceed seven (7) years. City shall notify IPS of its intention to exercise the option to extend the Agreement at least ninety (90) days prior to the end of each such term.
2. IPS Services.
2.1. Scope of Services. IPS agrees to diligently undertake, perform, and complete all of the services described in Attachments A and B as directed by the City. In the case of any conflict, the Terms and Conditions section of this agreement shall supersede information contained in the Attachments or Exhibits contained herein.
3. City Services & Responsibilities. The City agrees to:
EXHIBIT 1
City Council 21 – 4 2/15/2022
3.1. Make available to IPS any currently existing documents, data or information required for the performance of this Agreement, including any material updates therein.
3.2. Designate a representative authorized to act on behalf of the City.
3.3. Keep, at its own cost and expense, the Equipment in good repair, condition and working order, adhering to any requirements for preventative maintenance.
3.4. Notify IPS of any need for customer service support or warranty repair work and will coordinate the return process with IPS.
3.5. Be solely responsible for meter posts and housings, including keeping meter posts, keys locks and housings in good working order and in compliance with all applicable laws.
3.6. Comply with applicable national, state, and local laws and regulations in any way relating to the possession or use of the Equipment and Services.
3. 7. Be fully responsible, at its own cost and expense, to provide and maintain a merchant account and associated merchant account services using the City designated third party provider.
4. Equipment Delivery, Installation and Acceptance.
4.1. IPS shall deliver new, fully-tested Equipment. No used or previously owned Equipment will be allowed unless otherwise agreed to in writing by the City.
4.2. Delivery and installation of all Equipment will take place during standard business hours.
4.3. Unless otherwise notified in writing, the Equipment shall be deemed accepted by the City and to its satisfaction no later than ten (10) business days following completed installation or thirty (30) days following delivery, whichever occurs first.
5. Compensation
5.1. The City will compensate IPS for the Equipment and Services, as set forth in Attachment B. The total sum to be expended during this Agreement, including any extension periods, shall not exceed $300,000.
5.2. City further agrees to pay to IPS the amounts specified in Attachment Bon a Net 30 basis from the date of invoice, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth herein that may reasonably be expected by City.
5.3. Payment for the Equipment shall be due and paid upon delivery of each batch or invoiced line item of Equipment to the City. Payment need not be made for equipment that fails to meet the standards of performance set forth herein that may reasonably be expected by City.
5.4. City agrees to promptly notify IPS in writing of any dispute with any invoice, and those invoices for which no such notification is made within 30 business days after receipt of the respective invoice shall be deemed accepted by the City.
S.S. Reserved.
5.6. All pricing excludes any taxes that may be applicable to the City. Any applicable taxes will be added to invoices and will be paid by the City on submission of an invoice. Exemption from the payment of applicable EXHIBIT 1
City Council 21 – 5 2/15/2022
taxes shall be provided by the City in writing. The City indemnifies IPS against any claim for payment of any such taxes.
6. Risk and Title.
6.1. IPS shall bear risk of loss of the Equipment, including any damage sustained during transportation to the delivery site. IPS will not perform any field installation or maintenance. City will ship meters to IPS for services, IPS will perform the work, and then IPS will send the meters back to the City. Risk in the Equipment shall pass to City upon delivery back to the City after the work is completed by IPS. Transfer of title to Equipment shall only pass to City upon full payment for the Equipment.
7. Warranties.
7.1. IPS shall provide a limited 12-month warranty on the Equipment as described in Attachment B, IPS Limited Warranty. Extended warranties are available for an additional fee.
7.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AM to 4:00 PM PST.
IPS can provide on-site services at the City's request. Lead times and costs for such services will be provided at the time of the request. IPS shall ensure the availability of current manuals and shall provide all manuals for any future upgraded or new services to the City.
7.3. Wireless Coverage & Longevity: IPS does not operate a mobile wireless network, but relies on third party carriers for this service. City agrees that it is not a 3rd party beneficiary from any agreements between IPS and its carrier partners, and as there is no direct contract between the City and the carrier for this agreement, the wireless carrier shall have no liability of any kind created by this Agreement. Carriers from time to time may change coverage areas, wireless technology platforms or make other network changes that are not within the control of IPS. During the term of this contract, IPS shall provide the City the ability to upgrade or change carriers as needed at the prices contained herein or at such prices as may be agreed.
Any such change or upgrades shall be at the sole cost and discretion of the City.
7.4. IPS warrants that the software Services will substantially conform to the applicable scope of work. IPS does not warrant that the software Services will operate uninterrupted or error-free. IPS will use commercially reasonable efforts to deliver to the City software Services free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the software Services or City data.
7.5. City warrants that it shall not share usernames or passwords to allow any 3'' party, including but not limited to consultants, agents, or any other individuals, to gain access to Equipment and Services of any kind without the written permission of IPS. City further agrees to not do anything that could potentially compromise the security of IPS Equipment and Services or use IPS Equipment and Services in any manner which could violate local, provincial, state or federal law.
7.6. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE WARRANTIES. IPS AND ITS 3
RD PARTY SUPPLIERS PROVIDE SOFTWARE SERVICES "AS IS". THE EXTENT OF
IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SOFTWARE SERVICE. IPS DOES NOT PROVIDE ANY WARRANTY OF ANY KIND WITH REGARDS TO 3'0 PARTY EQUIPMENT, WIRELESS COVERAGE OR SOFTWARE SERVICES, WHETHER SUPPLIER IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE. IPS AND ITS 3
RD PARTY SUPPLIERS
AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS EXHIBIT 1
City Council 21 – 6 2/15/2022
(EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES
PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY,
OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW,
HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE.
7. 7. The provisions of this Section will survive expiration or termination of this Agreement.
8. Intellectual Property and Ownership.
8.1. IPS represents and warrants that it owns or has acquired all requisite rights and licenses to use all intellectual property embodied, practiced or employed in IPS Equipment and Services being used by the City.
8.2. IPS hereby grants the City, including its departments, commissioners, officials, officers, employees, consultants, and agents (collectively, "City") all the rights and licenses required to use IPS Equipment and Services. Such rights and licenses are limited, non-assignable, non-transferable and non-exclusive, and solely for the City's internal use for the specific purposes of this Agreement.
8.3. All pre-existing and independently developed intellectual property (including copyrights), and any derivation thereof, including but not limited to designs, models, inventions, processes, methodologies, software, associated documentation, software upgrades, modifications and customizations, copyrightable material and other tangible and intangible materials authored, and combinations thereof, prepared, created, made, delivered, conceived or reduced to practice, in whole or in part, by the IPS and provided to the City ("Pre-Existing and Independently Developed IP") will at all times remain the sole and exclusive property of IPS and/or its vendors. Nothing in this Section or elsewhere in this Agreement shall be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in IPS's Pre-Existing and Independently Developed IP.
8.4. IPS understands the nature of public information and the requirement for the City to adhere to all rules and laws that apply to public information, such as the Freedom of Information Act, Public Records Act(s), and the like. The City agrees that it shall not knowingly agree, whether directly or indirectly, sell, loan or rent any equipment or allow any third party to gain access to equipment, software, back-office software, reporting or documentation provided by IPS for any purpose, including but not limited to the purposes of inspection, benchmarking or reverse engineering or evaluation without the prior written consent of IPS, or as mandated by applicable law or any binding order of Court.
8.5. The provisions of this Section will survive expiration or termination of this Agreement.
9. Confidential Information.
9.1. "Confidential Information" shall mean, without limitation, all strategic information, business plans, data, sketches, drawings, pictures, business records, customers lists, marketing plans, policies and procedures, pricing, product information, drawings, source code, API documentation, designs, specifications, information relating to processes, technologies, methodologies, concepts or theory and any or all other information which may be disclosed by the disclosing party to the recipient that may reasonably be considered to be proprietary and non-public data, including correspondence both written and verbal and identified as "confidential".
EXHIBIT 1
City Council 21 – 7 2/15/2022
9.2. The recipient acknowledges the competitive value and confidential nature of the Confidential Information and the damages that would result to the disclosing party if any such information were disclosed or misused, therefore, recipient will keep Confidential Information protected, utilizing the same level of care and discretion that is used by the recipient to protect similar sensitive information, and shall not be disclosed by the recipient in any manner whatsoever.
9.3. The recipient shall have no non-disclosure obligation hereunder with respect to any Confidential Information which (A) has been legally made public, other than by acts of the recipient in violation of this Agreement or (B) was or becomes independently known or available to the recipient, on a non-confidential basis, from a source other than the disclosing party and which is not subject to any restrictions or disclosure or (C) is independently developed by the receiving party, such independent development being reasonably documented or (D) is disclosed with written permission by the disclosing party or (El is obligated to be produced where required by a court order or (F) is obligated to be produced as required by law, including the Freedom of Information Act, Public Records Act(s), and the like.
9.4. The recipient shall notify the disclosing party promptly of any loss, misuse or misappropriation of the Confidential Information. Recipient agrees that no license, either expressed or implied, is hereby created or granted to recipient by disclosing party to use any of the Confidential Information. All rights and title to the Confidential Information shall remain in the disclosing party.
10. Dispute Resolution.
10.1. If any dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree to meet and confer and negotiate in good faith prior to initiating a suit for damages. However, this Section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within 14 calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum and to the extent possible, one senior level individual with decision making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within 30 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation via a mutually agreed third party, with the cost of mediation equally shared between the City and IPS or as otherwise agreed to between the parties. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described above.
11. Termination of Agreement.
11.1. If either the City or IPS violates any material term or condition of this Agreement or fails to fulfill in a timely and proper manner its obligations under this Agreement, then the aggrieved party may give the other party (the "responsible party") written notice of such failure or violation. The responsible party will correct the violation or failure within 30 calendar days or as otherwise mutually agreed. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate will be at the sole discretion of the aggrieved party.
12. Insurance.
IPS shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property including computer equipment) EXHIBIT 1
City Council 21 – 8 2/15/2022
which may arise from or in connection with the performance of the work hereunder by IPS, its agents, representatives, or employees. IPS shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, invasion of privacy and breach of data.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
1. Commercial General Liability {CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit:
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if IPS has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if IPS does not require an automobile to perform services.)
3. Workers' Compensation and Employer's Liability Insurance: Workers1 compensation insurance as required by the State of California, with Statutory limits, and Employer's liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if IPS provides written verification it has no employees.)
4. Cyber Liability Insurance: Cyber liability Insurance, with limits not less than $2,000,000 per occurrence or claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by IPS in this agreement and shall include, but not be limited to, claims involving security breach, system failure1 data recovery, business interruption, cyber extortion, social engineering, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
5. Technology Professional Liability Errors & Omissions: Technology Professional liability Errors and Omissions Insurance appropriate to IPS's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by IPS in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. (a) The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property'' of the City in the care, custody, or control of the IPS. If not EXHIBIT 1
City Council 21 – 9 2/15/2022
covered under IPS's liability policy, such "property" coverage of the City may be endorsed onto IPS's Cyber Liability Policy as covered property.
6. If IPS maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by IPS. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of IPS including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to IPS's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Please note, if there is an insured vs. insured exclusion on IPS's policy, City will carefully review with IPS and their insurance carrier on whether being added as an additional insured onto IPS's policy removes City's ability to file suit against IPS and draw upon the policy should final adjudication in a lawsuit state that IPS shall pay damages to City.
2. Primary Coverage: For any claims related to this contract, IP5's insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of IPS's insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: IPS hereby grants to City a waiver of any right to subrogation which any insurer of IPS may acquire against the City by virtue of the payment of any loss under such insurance. IPS agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City.
The City may require IPS to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable to the City.
7. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
EXHIBIT 1
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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, IPS must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
8. Verification of Coverage: IPS shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive IPS's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors: IPS shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and IPS shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
13. Indemnification and Limits of Liability
13.1. IPS agrees to defend with counsel reasonably acceptable to the City and indemnify City, its elected and appointed officials, officers, agents, employees, contractors and agents (collectively, the "Indemnified Parties") from and against losses, claims, expenses (including, but not limited to, reasonable attorneys' fees), costs, liabilities or damages (collectively, "Losses") arising from IPS's breach of its obligations under this Agreement, arising from IPS's acts or omissions, for any Losses incurred by or asserted against any one or more or all of the Indemnified Parties by reason of damage to property or injury to, or death of, any person, caused by the acts, omissions, or negligence of IPS, its employees, agents or contractors. IPS shall not be responsible for any Losses attributable to acts, omissions, or negligence of the Indemnified Parties, including misuse or abuse of IPS Equipment and Services, nor for any Losses arising directly or indirectly caused by acts of vandalism.
13.2. IPS represents and warrants that any products or services provided under this Agreement are either original, or not encumbered, and do not knowingly infringe upon the copyright, trademark, patent or other intellectual property rights of any third party or are in the public domain. If any products or services associated with this Agreement provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, IPS agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, EXHIBIT 1
City Council 21 – 11 2/15/2022
judgments or damages, of any type, alleging or threatening that any products or services provided under this contract infringe the copyright, trademark, patent or other intellectual property.
13.3. Notwithstanding the foregoing, this indemnification shall not apply to claims made by third parties in instances in which (a) IPS simply followed the directions or instructions provided by City; (b) City changed, modified or altered the services rendered or tasks performed by IPS such that, absent City's actions, no such claims would have been brought against JPS and/or City; or (c) the claims asserted by a third party derive from the combination of technology and/or intellectual property of JPS when used with City's owned or licensed technology and/or intellectual property such that, absent such combination, no such claims could have independently been brought by or against JPS.
13.4. In order for City to obtain the indemnification from IPS specified herein, City must: (a) notify JPS in writing of the claims for which indemnification is sought; (b) provide IPS with copies of all pleadings, writings and documents pertaining to such claim; (c) permit JPS to control the defense of such claim and all settlement discussions in regards to resolving such claim; and {d) provide reasonable cooperation to IPS in regards to the litigation or negotiation of a resolution of such claim. Notwithstanding the foregoing sentence, JPS will not enter into any settlement without City's prior written consent, unless all third party claims against City are released without any further liability on City's part. This paragraph shall survive the termination or expiration of this Agreement.
13.5. Nothing in this Agreement shall constitute any form of real or implied revenue guarantee by IPS.
13.6. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL
EITHER PARTY BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST
REVENUES, ANTICIPATED RENVUES OR OTHER MONETARY LOSS, ARISING OUT OF OR RELATED TO THIS
AGREEMENT AND ANY ACTIONS OR OMISSIONS WITH RESPECT THERETO, WHETHER OR NOT ANY SUCH
MATTERS OR CAUSES ARE WITHIN A PARTY'S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE
PART OF A PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE. WITH
THE EXCEPTION FOR INTELLECTUAL PROPERTY CLAIMS, THETOTAL CUMMULATIVE LIABILITY INCURRED BY
IPS IN CONNECTION WITH THIS AGREEMENT SHALL BE SOLELY LIMITED TO THE AMOUNT OF THE INSURARABLE LIMITS PROVIDED BY IPS.
13.7. CUSTOMER AGREES THAT JPS SHALL NOT BE LIABLE FOR ANY LOSS, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT
LIMITATION, LOST PROFITS, LOST REVENUES, ANTICIPATED RENVUES OR OTHER MONETARY LOSS, ARISING
OUT OF OR RELATED TO THIS AGREEMENT AND RESULTING FROM INTERRUPTION OF OR OTHER
DEFICIENCIES IN WIRELESS OR INTERNET SERVICE, WHETHER OR NOT ANY SUCH MATTERS OR CAUSES ARE
WITHIN A PARTY'S CONTROL, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE.
13.8. Both Parties acknowledge that the Limitations of Liability set forth above are fundamental elements of this Agreement, without which JPS would not have entered into this Agreement.
14. Liens and Taxes.
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14.1. City shall keep the Equipment free and clear of all levies, liens, and encumbrances, except those created by this Agreement. City shall pay, when due, all charges and taxes (local, state, and federal), which may now or hereafter be imposed in conjunction with this Agreement.
15. Notices.
15.1. All notices under this Agreement must be in writing, shall refer to the title and effective date of this Agreement, and shall be sufficient if given personally, sent and confirmed electronically, or mailed certified, return receipt requested, postage prepaid, and at the address hereinafter set forth or to such address as such party may provide in writing from time to time. Any such notice will be deemed to have been received five days subsequent to mailing. Notices shall be sent to the following addresses:
IPS:
To City:
IPS Group, Inc.
7737 Kenamar Court
San Diego, CA 92121
Attn: Chad Randall
[email protected]
tel: 858-4040-0607
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-6549
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16. Relationship of the Parties.
16.1. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association between the parties, and both parties shall be and remain independent entities. Neither party has the right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever, except as otherwise provided in this Agreement.
17. Assignment.
17.1. Should the City enter into an agreement with a third party for parking operations during the term of this Agreement, IPS shall provide that operator the same rights, terms, and conditions as included in this Agreement. Such assignment shall not be effective unless and until the City has provided notice to the IPS of such assignment, and any such third party will be required to adhere to all terms and conditions contained herein.
17.2. IPS may not assign, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City, which shall not be unreasonably withheld.
18. General Provisions.
18.1. Waiver. A waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Agreement. No delay or failure on the part of either party to insist on compliance with any provision of this Agreement shall constitute a waiver of such party's right to enforce such provision, no matter the length of the delay. In the case of any granted waiver by the consenting Party, which must be provided in writing, such waiver shall not constitute a waiver of the same obligation or any other obligation under this Agreement.
18.2. Documentation. IPS shall provide the City with any required documentation to substantiate our ability to conduct business and shall also provide security documentation related to our credit card processing services, including the Attestation of Compliance (AOC), upon request. The City acknowledges that the security documents provided by JPS shall be considered Confidential documents and shall be subject to the terms of section 9 above.
18.3. Modification or Amendment. No oral modifications shall be effective and nothing shall be deemed as a modification of this Agreement unless provided in writing and signed by both Parties.
18.4. Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof. Understandings, agreements, representations or warranties not contained in this Agreement, or as written amendment hereto, shall not be binding on either party. Except as provided herein, no alteration of any terms, conditions, delivery, price, quality or specifications of this Agreement shall be binding on either party without the written consent of both parties.
18.5. Injunctive Relief. The parties agree that a breach of the obligations in Section 8 ("Intellectual Property and Ownership") and Section 9 ("Confidential Information") may cause irreparable harm to the affected party, the amount of which would be impossible to ascertain, and that there is no adequate remedy at law. Notwithstanding the provisions of Section 10 ("Dispute Resolution"), and in addition to any other rights and remedies it may have, the affected party shall have the right to obtain an injunction from a EXHIBIT 1
City Council 21 – 14 2/15/2022
court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any provision of this Agreement, and both parties agree that no bond or other security shall be required in obtaining such equitable relief.
18.6. Integration. This Agreement may be executed in multiple counterparts each of which shall be deemed an original, but all of such taken together shall constitute only one Agreement, superseding all prior understandings, oral or written; and it is expressly understood and that this Agreement does not obligate either party to enter into any other or further agreements.
18.7. Governing Law. This Agreement shall not be construed against either party regardless of which party drafted it. This Agreement shall be construed and enforced according to the laws of the State of California, without regards to conflict-of-laws principles, and all local laws, ordinances, rules, and regulations.
18.8. Venue and Jurisdiction. The City and IPS agree that the venue shall be in Orange County, California. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, Southern Division, or the Superior Court of California, County of Orange, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
18.9. Attorney's Fees. If any suit, action, arbitration or other proceeding is instituted upon this Agreement or to enforce rights, judgments or otherwise pursue, defend or litigate issues, or any other controversy arises from this Agreement, the prevailing party shall be entitled to recover from the other party and the other party agrees to pay the prevailing party, in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other adjudicator may adjudge reasonable as an attorney's fee in such suit1 action, arbitration or other proceeding, and in any appeal. Such sum shall include an amount estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred in collecting any monetary judgment or award or otherwise enforcing each award, order, judgment or decree entered in such suit, action or other proceeding,
18.10. Force Majeure. If any party is prevented from performing its obligations stated in this Agreement by any event not within the reasonable control of that party, including, but not limited to, acts of God, war, civil disturbance, insurrection, civil commotion, destruction of production facilities or materials by earthquake, fire, flood or storm, labor disturbances including strikes or lockouts or epidemic, and failures of public utilities (such as internet, cellular network, and electricity), it shall not be in default in the performance of its obligations stated in this Agreement. Provided, however, any party delayed by such an event shall request an extension of time to perform its obligations stated in this Agreement by notifying the party to which it is obligated within ten days following the event. If the notified party agrees that the event was the cause of the delay, the time to perform the obligations stated in this Agreement shall be extended by the number of days of delay caused by the event. If the required notice is not given by the delayed party, no time extension shall be granted. If any event of force majeure exists for a continuous period of more than 120 days, then either party shall be entitles to terminate this Agreement without being liable for any claim from the other party.
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18.11. Severability. If any provision in this Agreement subsequently is determined to be invalid, illegal or unenforceable, that determination shall not affect the validity, legality or enforceability of the remaining provisions stated in any section or sub-section of this Agreement unless that effect is made impossible by the absence of the omitted provision.
18.12. Authorization. Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
18.13. Determination. Notwithstanding anything to the contrary, should either Party be required to make any determination in terms of this Contract, such determination shall be made in a reasonable and objective manner.
18.14. Binding Document. The City and IPS each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, conditions, and obligations contained in the Agreement.
18.15. Section Headings. All section headings in this Agreement are for the convenience of reference and are not intended to define or limit the scope of any provision of this Agreement.
18.16. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
SIGNATURE PAGES WILL FOLLOW
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In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
Daisy Gomez
City Clerk
APPROVED AS TO FORM:
Ryan 0. Hodge
Assistant City Attorney
CITY OF SANTA ANA, a municipal corporation
By: _________ _
Kristine Ridge
City Manager
IPS GROUP, INC.,
a Pennsylvania corporation
By: __,__u
CHAD
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P. RANDALL
--=---..>.2R/!J-<--
Chief Operating Officer
EXHIBIT 1
City Council 21 – 17 2/15/2022
ATTACHMENT A
PROPOSAL LETTER DATED AUGUST 19, 2021
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ATTACHMENT A
Julie Castro-Cardenas
Economic Development Specialist II
City of Santa Ana
Community Development Agency
Date: August 19, 2021
Re: IPS 4G Modem Upgrade
Dear Julie,
San Diego, CA 92121 , 111711.JIIC:::
7737 Kenamar Coult �
1 877 630 6638 .IIT ,--.::::::,
ipsgroup.com � GR�
As wireless carriers are planning to sunset older networks in favor of newer 4G and 5G technologies, IPS wants to give you the latest information on 2G/3G network longevity based on the information available today.
VERIZON
Verizon Wireless has provided a written commitment to IPS that Verizon Wireless will continue to operate and maintain our existing CDMA (2G) network until the end of 2022.
T-MOBILE
T-Mobile has stated that they intend to sunset their 3G network starting as early as January 2021, with no further definition on exact time or the schedule of affected geographic markets. However, all !PS T-Mobile 3G modems also support 2G, which means that if 3G service is not available, the modem will use the available T-Mobile 2G network when possible. While there is not yet a firm commitment with regards to T-Mobile 2G longevity, we believe that 2G is likely to continue to be available until the end of 2021, and perhaps longer. However, we do not have a firm commitment in writing at this time, although we have requested it.
To provide our customers with peace-of-mind, IPS can offer our clients with 4G LTE upgrades for older 2G/3G wireless systems and/or offer new products which come standard with 4G LTE wireless technology. Today, IPS operates the largest 4G LTE install base in the world for parking meter products.
Many existing customers nationwide are actively making plans to upgrade their systems.
The City of Santa Ana currently has 593 meters that are eligible for upgrade to 4G modems:
Carrier Quantity
T-Mobile 434
Verizon 159
City of Sant Ana
From IPS Group Inc.
4G Modem Est. Shipping Cost Ext. Cost
$ 185.00 $ 20.00 $ 205.00 $ 88,970.00
$ 185.00 $ 20.00 $ 205.00 $ 32,595.00
TOTAL $ 121,565.00
*Option to RMA meters at time of upgrade for additional $95.