City of Culver City, California
Agenda Item Report
Meeting Date: 10/25/2010 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Authorization to Release Request for Proposals
for Management of a Lighting Upgrade Project Administered Under the Department
of Energy’s Energy Efficiency & Conservation Block Grant under the American
Recovery and Reinvestment Act (ARRA/Stimulus Funding).
Contact Person/Dept.: Eric Mirzaian/PW
Phone Number: (310) 253-6410
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification (E-mail) Meetings and Agendas-City Council (10/20/10);
Department Approval:
Charles D. Herbertson(10/15/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (10/20/10)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (10/20/10)
City Manager Approval:
John M. Nachbar (10/20/10)
RECOMMENDATION:
Staff recommends the City Council authorize the Public Works Department to
release a Request for Proposals for management of a lighting upgrade project that
will be administered under the Department of Energy’s (DOE) Energy Efficiency &
Conservation Block Grant (EECBG).
BACKGROUND:
On February 17, 2009, President Barack Obama signed into law the American
Reinvestment and Recovery Act (ARRA). This $787 billion economic stimulus
package includes $3.2 billion in funding for energy efficiency and fossil fuel
reductions. Based on residential and daytime population for all cities and counties
nationwide, Culver City has been allocated $194,900 from the EECBG.
The EECBG is being administered by the Department of Energy (DOE). Eligible
projects include any strategy to reduce fossil fuel emissions, total energy use, and
improve energy efficiency in all sectors.
Previously, the City had submitted a grant application for ARRA/EECBG funding for the
installation of a photovoltaic solar system and energy efficiency measures at the
recreation buildings located at Syd Kronenthal Park and Culver West Alexander Park.
After further consideration, staff submitted a revised activity worksheet to the DOE to
pursue a lighting upgrade project at the Cardiff and City Hall parking structures in lieu of
the original project. Staff believes the revised lighting upgrade project will provide more City of Culver City, California
Agenda Item Report
energy savings to the City. The revised project will also present an opportunity for the
City to implement more energy efficient lighting at these two structures and to test new
lighting technology.
DISCUSSION:
Staff requests the City Council authorize solicitation of proposals from qualified
energy service companies (ESC) to assist the City in preparing the design work and
technical specifications for the lighting upgrade project at the two structures.
Additionally, the ESC will assist staff in selecting qualified contractors to perform the
actual retrofit. As part of the agreement, the ESC will also perform all necessary
reporting and documentation as required by DOE regulations. A portion of the
$194,900 will be utilized to fund the services that will be provided by the selected
ESC, while the remaining amount will be devoted to construction of the upgrade
project.
The revised project will consist of replacing the existing high pressure sodium (HPS),
metal halide and fluorescent lighting at the Cardiff and City Hall parking structures
with more energy efficient Light Emitting Diode (LED) or induction lighting units.
HPS and fluorescent lighting present high maintenance and disposal costs. Though
LED and induction lighting are higher in installation cost, they provide greater
illumination and provide a longer life with less maintenance. The lighting at these
structures remains on 24 hours per day. The current projected yearly electricity
costs at Cardiff and City Hall parking structures are approximately $50,000 and
$268,221 respectively.
Should the City Council approve the release of the Request for Proposal (RFP), the
following table includes the timeline for this project:
Task Time Frame
RFP Consideration by City Council October 25, 2010
Release of Notice Inviting Proposals October 26, 2010
Deadline for Receipt of Proposals November 30, 2010
Consideration of Award of Contract TBD
FISCAL ANALYSIS:
The release of the RFP does not create a substantive fiscal impact on the City.
Upon review of the submitted RFP’s, staff will include the appropriate fiscal impact of
awarding a new contract should the City Council determine to award a contract.
ATTACHMENTS:
1. Copy of the RFP City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Authorize the release of a Request for Proposals for management of a lighting
upgrade project that will be administered under the Department of Energy’s
(DOE) Energy Efficiency & Conservation Block Grant (EECBG – ARRA/Stimulus
Funding).
MEETING DATE: 10/25/10
AGENDA ITEM:
Authorization to Solicit Proposals for Management of a
Lighting Upgrade Project that will be Administered
Under the Department of Energy's Energy Efficiency &
Conservation Block Grant.
ATTACHMENTS
Pages|109| Request for Proposal
1-12REQUEST FOR PROPOSALS
ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT
MANAGEMENT
SUBMITTAL DEADLINE: November 30, 2010 @ 12:00 PMGENERAL INFORMATION
Project Summary & Scope of Work
The City of Culver City is soliciting proposals from qualified Energy Services Companies (ESC)
with various staff levels and abilities for energy conservation and related projects to provide
design services and project management for an energy efficient lighting upgrade project at City-
owned parking structures, as well as, performing all applicable reporting requirements as
directed by the Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant
(EECBG) under the American Reinvestment and Recovery Act (ARRA). The City of Culver City
has been awarded a specified amount through the EECBG. Part of this funding will be utilized
for the design, project management and reporting services provided by the ESC while the
remaining funding will be utilized for the implementation of the designed upgrade project.
Work Summary
1. The selected ESC will prepare design and technical specifications for energy efficient
lighting upgrades at two City-owned parking structures by replacing the existing metal
halide, high pressure sodium and fluorescent lighting with Light Emitting Diodes (LED)
and induction lighting units. Subsequent to preparing these specifications, the ESC will
assist City Staff in securing a potential contractor to perform said work. This will include
but is not limited to assisting Staff to solicit proposals from various contractors,
conducting pre-proposal meetings, evaluating proposals, and making a sound
recommendation on selecting a qualified contractor. Please note, the selected ESC will
not be allowed to submit a proposal for the actual retrofit project.
2. The selected ESC shall provide project management services for the efficient lighting
upgrade project. This will include working directly with the selected contractor and
providing regular updates to the City's designated project manager, assisting with the
resolution of technical issues, ensuring work is completed within the City's standards
and scope of work, and ensuring end product is functional without errors.
3. The selected ESC shall perform all reporting requirements as required under all ARRA,
DOE and EECBG guidelines that pertain to this project. The ESC will be the City's point
of contact when working with these regulatory agencies.
CAPABILITIES
The City seeks an ESC with demonstrated capabilities to provide consultation and/or
construction services related to one or more of the following energy-related activities: analyze
current or proposed energy systems, offer recommendations to reduce energy consumption and
save costs, provide the services necessary to finance and implement cost-effective energy
efficiency systems to meet the City's energy needs, provide the services to prepare technical
specifications for a lighting upgrade project, provide project management services, and perform
all necessary reporting requirements to applicable regulatory agencies.
TERMS AND PRICING
For the purposes of this Request for Proposal (RFP), qualified ESCs will submit a proposal
outlining the requirements as stated above and provide a total cost to provide the services as
outlined in the "Work Summary" section. Please include a line item cost for each of the three
items under the "Work Summary" section. The selected ESC will prepare a scope of work for
the efficiency lighting upgrade project that is within the budget of remaining EECBG funding.PROPOSAL SUBMITTAL TIMELINE
The tentative schedule for the project is as follows:
RFP released to potential consultants
Last day to submit questions
Due date for proposal submittal
City Council approval
October 26, 2010
November 15, 2010
November 30, 2010 @ 12:00 PM
TBD
Responses to RFP questions will be emailed immediately following the deadline for questions
only to REP holders who have provided an email contact.
Proposals will not be accepted after the proposal due date and time stated above. Incomplete
proposals that do not conform to the requirements specified herein may not be considered.
Proposals shall be submitted in one (1) original and one (1) copy to the contact person below:
Eric Mirzaian
Sr. Management Analyst
Public Works Department
9505 W. Jefferson Blvd
Culver City, CA 90232
Tel: (310) 253-6410
Fax: (310) 253-6430
eric.mirzaiancuivercity.ord
ESC RESPONSIBILITIES
1. Perform design work to upgrade current high pressure sodium and fluorescent
lighting at two City-owned parking structures to induction lighting.
2. Ensure that final plans and specifications are reviewed and approved by appropriate
City staff and that all applicable permits are secured.
3. Assist City Staff to secure a qualified contractor to perform work outlined in Notice
Inviting Bids that will be prepared by selected ESC by coordinating pre-bid meetings,
addressing all questions by potential bidders and evaluating received bids.
4. Provide project management services during the project phase and ensuring work is
completed within established parameters.
5. Performing all applicable reporting as required under ARRA, DOE and EECBG
guidelines.
PROJECT LOCATIONS
The two City-owned parking structures are located at 9770 Culver Boulevard (City Hall) and
3846 Cardiff Avenue (Cardiff) and the lighting schedule for each facility is as follows:
High Pressure Sodium Fluorescent Metal Halide
City Hall 162 lamps; 162 fixtures 240 lamps; 178 fixtures 0 lamps; 0 fixtures
Cardiff 6 lamps; 6 fixtures 796 lamps; 303 fixtures 40 lamps; 37 fixtures
3PROPOSAL REQUIREMENT & FORMAT
1. Company Profile: Identify the legal name, address, telephone and fax number of
your firm.
2. Qualifications: At a minimum, eligible proposers will have qualifications in the
following capabilities:
• Implementation of comprehensive energy conservation measures on
California public works projects such as city-owned facilities.
• Experience in procuring utility company incentives.
• Experience with different financing methods.
• Design services and project management for energy efficiency upgrades;
especially in the area of lighting technology.
• Ability to provide a team of California licensed electrical, structural and civil
engineers as may be necessary.
3. Scope of Services: Describe the recommended scope of service to be performed by
your firm that clearly displays an understanding of the project as described in the
"Work Summary" section of this REP. Additionally, specific items that will not be
maintained by proposers shall be clearly indicated in the proposal.
4. References: Provide five (5) references the City may contact concerning your
performance on other similar lighting upgrade projects, preferably in the Southern
California area.
5. Claim History: Provide information on any legal judgments or claim settlements your
firm and any individual has had in the past five years against any public or private
entity for whom it provides service, with an explanation of their disposition.
6. Schedule of Fees: Cost proposal to perform each task identified under the "Work
Summary" section of this RFP.
Any changes in the scope of work resulting in a contract increase or decrease in fee
shall be approved by the Public Works Director in writing prior to commencement of
actual change in work. No fee adjustment will be allowed unless said prior approval is
authorized exclusively in writing by the City.
7. Proof of the Following Insurance Coverage:
See Exhibit-A: Standard Form Contract
See Exhibit B: Insurance RequirementsEXHIBIT A
CITY OF CULVER CITY
STANDARD FORM CONTRACT
WITH:
FOR:
THIS AGREEMENT is made and entered into by and between THE CITY OF CULVER
CITY, a municipal corporation, hereinafter referred to as "City," and
, hereinafter referred to as "Consultant."
1. CONSULTANT'S SERVICES. Consultant agrees to perform, during the term of
this Agreement, the tasks, obligations, and services set forth in the "Scope of
Service" attached to and incorporated into this Agreement as Exhibit "A."
2. TERM OF AGREEMENT. The term of this Agreement shall be from the effective
date pursuant to Paragraph 27 of this Agreement and shall end upon (DATE
CERTAIN OR SATISFACTORY COMPLETION OF THE WORK, AS
REASONABLY DETERMINED BY CITY'S .)
3. PAYMENT FOR SERVICES. City shall pay for the services performed by
Consultant pursuant to the terms of this Agreement, the compensation set forth
in the "Schedule of Compensation" attached to and incorporated into this
Agreement as Exhibit "B." The compensation shall be paid at the time and
manner set forth in said Exhibit "B."
4. TIME FOR PERFORMANCE. Consultant shall not perform any work under this
Agreement until (a) Consultant furnishes proof of insurance as required under
Paragraph 7 of this Agreement; and, (b) City gives Consultant a written and
signed Notice to Proceed.
5. DESIGNATED REPRESENTATIVE(S), shall be the
designated Consultant Representative, and shall be responsible for job
performance, negotiations, contractual matters, and coordination with the City.
Consultant Representative shall actually perform, or provide immediate
supervision of Consultant's performance of, the Scope of Service.
6. HOLD HARMLESS. To the fullest extent permitted by law, CONTRACTOR shall
indemnify, defend (at CONTRACTOR's sole expense, with legal counsel
approved by CITY) and hold harmless the City of Culver City, members of itsCity Council, its boards and commissions, officers, agents, and employees
(hereinafter, "INDEMNITEES"), from and against all loss, damage, cost,
expense, liability, claims, demands, suits, attorneys' fees and judgments arising
from or in any manner connected to CONTRACTOR's or its employees or
agent's wrongful or negligent acts, errors or omissions related to this
Agreement. This indemnification includes, but is not limited to, tort liability to a
third person for bodily injury and property damage.
CONTRACTOR agrees that this obligation to indemnify, defend and hold
harmless extends to liability and/or claims arising from INDEMNITEES' active or
passive negligence.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONTRACTOR to indemnify an INDEMNITEE from any claim arising from the
sole negligence or willful misconduct of that INDEMNITEE.
The duty to defend referenced herein is wholly independent from the duty to
indemnify, arises upon written notice by CITY to CONTRACTOR of a claim
within the potential scope of this indemnification provision, and exists
regardless of any determination of the ultimate liability of CONTRACTOR, CITY
or any INDEMNITEE.
7 INSURANCE. Without limiting its obligations pursuant to Section 6 of this
Agreement, Contractor shall produce and maintain, at Contractor's own cost and
expense and for the duration of this Agreement, insurance coverage as set forth
in "Insurance Requirements" attached to and incorporated into this Agreement as
Exhibit "C".
8. INDEPENDENT CONSULTANT STATUS. City and Consultant agree that
Consultant, in performing the services herein specified, shall act as an
independent Consultant and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for similar service to
be performed for other employers while under contract with City. Consultant is
not an agent or employee of City, and is not entitled to participate in any pension
plan, insurance, bonus, worker's compensation or similar benefits City provides
for its employees. Consultant shall be responsible to pay and hold City harmless
from any and all payroll and other taxes and interest thereon and penalties
therefor which may become due as a result of services performed hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to Consultant
for current services is within the current budget and within an available,
unexhausted and unencumbered appropriation of City. In the event City has not
appropriated sufficient funds for payment of Consultant services beyond the
current fiscal year, this Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year.10. ASSIGNMENT. This Agreement is for the specific services with Consultant as
set forth herein. Any attempt by Consultant to assign the benefits or burdens of
this Agreement without written approval of City shall be prohibited and shall be
null and void; except that Consultant may assign payments due under this
Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement.
City shall have free access at all reasonable times to such records, and the right
to examine and audit the same and to make transcripts therefrom, and to inspect
all program data, documents, proceedings and activities. Consultant shall
maintain an up-to-date list of key personnel and telephone numbers for
emergency contact after normal business hours.
12. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. City shall be the owner
of any and all computations, plans, correspondence and/or other pertinent data,
information, documents and computer media, including disks and other materials
gathered or prepared by Consultant in performance of this Agreement, or at any
earlier or later time when the same may be requested by City. Such work
product shall be transmitted to City within ten (10) days after a written request
therefor. Consultant may retain copies of such products. All written documents
shall be provided to City in digital and in hard copy form.
13. NOTICES. All notices given or required to be given pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
To City:
To Consultant:
City of Culver City
Attention: 9770 Culver Boulevard
Culver City, CA 90232-0507
14. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a
complete Request for Taxpayer Identification Number ("TIN") and Certification,
Form W-9, as issued by the Internal Revenue Service.
15. PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain and
maintain during the term of this Agreement, all appropriate permits, licenses, and
certificates that may be required in connection with the performance of services
under this Agreement including, but not limited to, a Culver City business tax
certificate.16. APPLICABLE LAWS, CODES AND REGULATIONS. Consultant shall perform
all work in accordance with all applicable laws, codes and regulations required by
all authorities having jurisdiction over such work. Consultant agrees to comply
with prevailing wage requirements as specified in the California Labor Code,
Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY. For
work performed, Consultant agrees to seek bids for supplies and materials from
businesses located within the City of Culver City, with the intent to make
purchases from these businesses if such purchases can be made at competitive
prices.
18. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or
otherwise affected, except by a written amendment signed by all parties hereto.
20. WAIVER. If at any time one party shall waive any term, provision or condition of
this Agreement, either before or after any breach thereof, no party shall
thereafter be deemed to have consented to any future failure of full performance
hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or
without cause, in its sole discretion, with thirty-days' (30-days') written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22 of this
Agreement, City shall be liable to Consultant only for work satisfactorily
performed by Consultant up to and including the date of termination of this
Agreement, unless the termination is for cause, in which event Consultant need
be compensated only to the extent required by law. Consultant shall be entitled
to payment for work satisfactorily completed to date, based on a proration of the
monthly fees set forth in Exhibit "B" attached hereto. Such payment will be
subject to City's receipt of a close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted according
to the laws of the State of California. If litigation arises out of this Agreement,
then venue shall be in the Superior Court of Los Angeles County.25. LITIGATION FEES. If litigation arises out of this Agreement for the performance
thereof, then the court shall award costs and expenses, including attorney's fees,
to the prevailing party. In awarding attorney's fees, the court shall not be bound
by any court fee schedule but shall award the full amount of costs, expenses and
attorney's fees paid or incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement
between City and Consultant regarding the subject matter hereof, and all
preliminary negotiations and agreements are deemed a part of this Agreement.
No verbal agreement or implied covenant shall be held to vary the provisions of
this Agreement. This Agreement shall bind and inure to the benefit of the parties
to this Agreement, and any subsequent successors and assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed
on behalf of City, and shall remain in full force and effect until amended or
terminated; provided, that the indemnification and hold harmless provisions shall
survive the termination.
NAME OF CONSULTANT, TYPE
Dated: By Its
Dated: By Its
CITY OF CULVER CITY, CALIFORNIA
Dated: By John Nachbar
City Manager
APPROVED AS TO CONTENT: APPROVED AS TO FORM
Charles D. Herbertson Carol A. Schwab
Public Works Director City Attorney
9APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS
TAX CERTIFICATE:
Jeff Muir Treasury Division
Chief Financial OfficerEXHIBIT B
CITY OF CULVER CITY
AGREEMENT
WITH:
FOR:
INSURANCE REQUIREMENTS
A. Policy Requirements.
Consultant shall submit duly executed certificates of insurance for the
following:
1. An occurrence based Comprehensive General Liability ("CGL") policy, at
least as broad as ISO Form CG 0001, in the minimum amount of One Million
Dollars ($1,000,000) each occurrence, with not less than Two Million Dollars
($2,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily injury,
death, accident and property damage and advertising injury, as
those terms are understood in the context of a CGL policy. The
coverage shall not be excess or contributing with respect to City's
self-insurance or any pooled risk arrangements;
b. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile liability;
c. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Consultant's obligation to indemnify the Indemnitees as required
under Paragraph 6 of this agreement;
The Policy shall not exclude coverage for Completed Operations
Hazards or Athletic or Sports Participants; and
e. The City of Culver City, members of its City Council, its
boards and commissions, officers, agents, and employees
will be named as an additional insured in an endorsement to
the policy, which shall be provided to the City and approved by
the City Attorney.
It2. Business Automobile Liability Insurance coverage in the amount of One Million
Dollars ($1,000,000), providing coverage for use of mobile equipment (i.e. heavy
mobile equipment or vehicles primarily for use in an off-road environment), to the
extent that (1) such mobile equipment will be used within the City limits or on City
business, and (2) coverage for mobile equipment is not otherwise covered by the
CGL policy listed in subparagraph (a), above.
3. Professional/Negligent Acts, Errors and Omissions Insurance in the
minimum amount of One Million Dollars ($1,000,000) per claim, and shall include
coverage for separate "personal injury" alleged to have been committed in the
course of rendering professional services, unless such coverage is provided by
the CGL policy listed in subparagraph (a), above.
4. Workers' Compensation limits as required by the Labor Code of the State of
California with Employers' Liability limits of One Million Dollars ($1,000,000.00)
per accident, if the Agreement will have Consultant employees working within the
City limits.
B. Waiver by City.
City may waive one or more of the coverages listed in Section A, above. This
waiver must be express and in writing, and will only be made upon a showing by the
Consultant that its operations in and with respect to City are not such as to impose
liability within the scope of that particular coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies licensed to do
business in the State of California, with a claims paying ability rating of "BBB" or
better by S&P (and the equivalent by any other Rating Agency) and a rating of A:VII
or better in the current Best's Insurance Reports;
2. Consultant shall provide City with at least thirty (30) days prior written notice of
any modification, reduction or cancellation of any of the Policies required in
Paragraph A, or a minimum of ten (10) days notice for cancellation due to non-
payment.
3. City may increase the scope or dollar amount of coverage required under any
of the policies described above, or may require different or additional coverages,
upon prior written notice Consultant.