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RESOLUTION (ID# 1130) DOC ID: 1130 G
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Nadeem Majaj M/CC Meeting Date: 11/07/2011
Prepared by: Deborah Allen, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Issuance of an Annual Purchase Order with One-Year Extension
at the City's Option to Willdan to Execute and Administer the Contract with Southern California
Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government
Strategies.
Financial Impact:
Account Budgeted Amount: $513,600
Account No. 123-822-5505-0000-0098
Account Description: SCE Strategic Plan
Balance as of October 20, 2011: $513,600
Balance after approval of this item: $221,900
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: That said resolution be adopted.
Synopsis of Previous Council Action:
06/06/11 Reso 2011-130 Authorizing the City Manager to execute and administer the
contract with Southern California Edison concerning the use of funds from the
Flight 5.6 Strategic Plan: Local Government Strategies.
Background:
In August 2010, the City responded to Southern California Edison's Flight 5.6a Request for
Proposal for strategic plan activities centered on energy efficiency and addressing the"Big Bold"
strategies and related governmental goals found in the California Public Utilities Commission
(CPUC) California Long Term Energy Efficiency Strategic Plan. This plan sets forth a road map
for energy efficiency in California through the year 2020 and beyond.
On June 6, 2011, the agreement with Southern California Edison concerning the use of funds
from the "Flight 5.6 Strategic Plan: Local Government Strategies" was approved through
Resolution 2011-130. Once the City receives the Notice to Proceed from Southern California
Edison, the City will begin expending the allocated funds.
Updated: 11/3/2011 by Mayra Ochiqui G
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On August 8, 2011, a formal bid process was initiated to solicit bids for Consulting Services for
the Implementation of the Energy Efficiency Strategic Plan per RFQ F-12-01. Notices of bids
were posted on the web and five vendors responded.
Willdan submitted the lowest qualified bid. However, since the funding available for this portion
of the Strategic Plan is $291,700, a "not to exceed" amount will be established to allow for
additional duties and efforts related to the "Flight 5.6 Strategic Plan: Local Government
Strategies". Attached is the bid summary (Attachment "1"). Staff recommends that the Mayor
and Common Council authorize the execution of an Agreement and issuance of an Annual
Purchase Order in the amount of $291,700 to Willdan for Consulting Services for the
Implementation of the Energy Efficiency Strategic Plan.
The vendor and business location for the Energy Strategic Plan are listed below:
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Vendor Location
Willdan San Bernardino, CA
Ecomotion Irvine, CA
BSE Engineering San Diego, CA
EcoType Consulting Redlands, CA
Salas O'Brien Long Beach, Ca
City Attorney Review:
Supportin2 Documents:
Resolution (DOC)
SCE Grant RFP (PDF)
SCE grant addendum 1 (PDF)
Exhibit A-Vendor Service Agreement (DOCX)
Bid Summary Sheet (PDF)
Updated: 11/3/2011 by Mayra Ochiqui G
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH
4 ONE ONE-YEAR EXTENSION AT THE CITY'S OPTION TO WILLDAN TO
EXECUTE AND ADMINISTER THE CONTRACT WITH SOUTHERN
5 CALIFORNIA EDISON CONCERNING THE USE OF FUNDS FROM THE
FLIGHT 5.6 STRATEGIC PLAN: LOCAL GOVERNMENT STRATEGIES.
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7 WHEREAS, Willdan submitted the lowest qualified bid concerning the use of
8 funds from the Southern California Edison Flight 5.6 Strategic Plan: Local Government
9 Strategies per RFQ F-12-01;
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
11 THE CITY OF SAN BERNARDINO AS FOLLOWS: a
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12 SECTION 1. The City Manager of the City of San Bernardino is hereby
13 authorized to execute on behalf of said City an Agreement between the City of San
14 Bernardino and Willdan,a copy of which is attached hereto,marked as Exhibit"A",and
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incorporated herein by this reference as fully as though set forth at length. w
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SECTION 2. That pursuant to this determination the Director of Finance or her
............_ __. _......... r
17 Deleted:in the amount of
18 designee is hereby authorized to issue an Annual Purchase Order to Willdan o�n t to_,
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19 exceed$291,642.00. .N
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20 SECTION 3. The Purchase Order shall reference this Resolution Number and
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21 shall read, "Willdan- Southern California Edison Concerning the use of funds from the
22 Flight 5.6 Strategic Plan"Agreement not to exceed$291,642" and shall incorporate the V)
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terms and conditions of the agreement.
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SECTION 4. The authorization to execute the above referenced Purchase Order E
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26 and Agreement is rescinded if it is not executed by both parties within sixty(60)days of Q
27 the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
2 AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH
3 ONE ONE-YEAR EXTENSION AT THE CITY'S OPTION TO WILLDAN TO
EXECUTE AND ADMINISTER THE CONTRACT WITH SOUTHERN
4 CALIFORNIA EDISON CONCERNING THE USE OF FUNDS FROM THE
FLIGHT 5.6 STRATEGIC PLAN: LOCAL GOVERNMENT STRATEGIES.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a meeting
8 thereof,held on the day of ,2011,by the following vote,
9 to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT V
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MARQUEZ a
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14 JENKINS
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15 BRINKER W
16 SHORETT
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17 KELLEY
18 JOHNSON a
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MCCAMMACK >CD
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22 Rachel G.Clark,City Clerk
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The foregoing resolution is hereby approved this day of
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26 Patrick J.Morris,Mayor Q
City of San Bernardino
27 Approved as to Form:
28 BY:
James F.Penman,City Attorney
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San Bernardi HO
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August 8, 2011
SUBJECT: REQUEST FOR PROPOSALS (RFP) F-12-01
The City of San Bernardino (City) invites Proposals from qualified vendors for:
Consulting Services for the Implementation
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of the Energy Efficiency Strategic Plan
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Parties interested in obtaining a complete copy of this RFP F-12-01 may do so by
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accessing the City of San Bernardino Web Page at www.sbcity.org City Services > T
Request for Bids > City Finance, beginning August 8, 2011, or by faxing their request
to (909) 384-5043, attention Deborah R. Morrow. Please include the following w
information in your request: name and address of firm; name, telephone and facsimile
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number of contact person; specify RFP F-12-01. r
Copies of the RFP may also be obtained by calling Deborah Morrow at (909) 384-5086,
Vanessa at (909) 384-5330, or in person at City Hall, 300 N. "D" St., 4th floor Finance
Department, San Bernardino, CA 92418.
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Closing Date: Proposals must be submitted at or before 3:00 PM, PST, August 25,
2011, at the address listed above.
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Issuance of this RFP and/or receipt of Proposals does not commit the City to award a
contract. w
Sincerely,
Deborah R. Morrow, C.P.M.
Purchasing Manager
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
SECTION I.
INSTRUCTIONS TO OFFEROR(S)
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RFP F-12-01
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
City of San Bernardino, Finance Department
Purchasing Division
RFP F-12-01
Consulting Services for the Implementation of the Energy Efficiency Strategic
Plan
Bid Documents to Be Returned
❑ Company Background/Overview
❑ Three (3) References
❑ Consultant and Sub-Consultant Experience on Similar Projects
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❑ Project Team Qualifications, Experiences and Strengths on Projects of this Nature a
❑ Statement of Disclosure a
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❑ One (1) Signed Original of Proposal & Fees and Four (4) copies of Proposal in a
SEALED envelope L
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❑ Authorized Binding Signature(s) (City Form) w
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F-1 Verifications of Addenda Received (City Form) iv Forms
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❑ Non-Collusion Affidavit (City Form) IV Forms U_
F-1 Listing of Proposed Subcontractor (City Form) IV Forms L
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F1 90 Day Minimum Proposal Validity Statement III Additional Requirements,VI General Specifcations#4 V
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❑ Worker's Compensation Insurance; General Liability & Auto; Professional Liability
Coverage of Errors and Omissions Certificates E
❑ Copy of Contractor License or other appropriate Licenses where applicable Vi General y
Specifications#35 Q
❑ Statement of Execution
Offeror(s) are requested to submit this checklist completed with all bid documents. This list
may not be inclusive of all documents needed to submit your RFP. Please refer to
entire packet for additional documents.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
I. GENERAL INSTRUCTIONS TO OFFEROR(S)
A. Pre-Proposal Conference
N/A
B. Examination of Proposal Documents
1. By submitting a proposal, the Offeror(s) represents that it has
thoroughly examined and become familiar with the items required
under this RFP and that it is capable of quality performance to
achieve the City's objectives.
2. The City reserves the right to remove from its mailing list for future _CU
RFPs, for an undetermined period of time, the name of any Offeror(s) °-
for failure to accept a contract, failure to respond to two (2)
consecutive RFPs and/or unsatisfactory performance. Please note L
that a "No Proposal" is considered a response. Cn
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C. Addenda =
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Any City changes to the requirements will be made by written addendum to M
this RFP. Any written addenda issued pertaining to this RFP shall be
incorporated into the terms and conditions of any resulting Purchase Order. a
The City will not be bound to any modifications to or deviations from the
requirements set forth in this RFP as the result of oral instruction.
For automatic electronic notifications, please visit our website and sign-up U
for SB Connect.
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D. Clarifications E
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1. Examination of Documents a
Should an Offeror(s) require clarifications of this RFP, the Offeror(s)
shall notify the City in writing in accordance with Section D.2 below.
Should it be found that the point in question is not clearly and fully
set forth; the City will issue a written addendum clarifying the matter
which will be sent to all persons who have requested the RFP.
2. Submitting Requests
a. All questions, clarifications or comments shall be put in writing
and must be received by the City no later than 5:00 PM,
August 11, 2011 and be addressed as follows:
City of San Bernardino
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RFP F-'12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
300 North "D" Street
4th floor, Attn: Deborah R. Morrow
San Bernardino, CA 92418
b. The exterior envelope or email Subject line of all requests for
clarifications, questions and comments must be clearly
labeled, "Not an Offer." The City is not responsible for failure
to respond to a request that has not been labeled as such.
The City will also accept questions sent by facsimile machines
or email, however, all faxed or emailed questions must be
received by the City no later than 5:00 PM, PST, August 11,
2011. Send facsimile transmissions to (909) 384-5043,
attention Deborah R. Morrow, and emails to
morrow—de @sbcity.org.
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C. Inquiries received after 5:00 PM August 11, 2011 will not be 0,
accepted.
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3. City Responses
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Responses from the City will be communicated in writing to all w
recipients of this RFP, by a posting to our website, www.sbcity.org by
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the close of business August 18, 2011.
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For automatic electronic notifications, please visit our Homepage and
register for SB Connect. If you are not registered for SB Connect,
you may view or download the Addendum at www.sbcity.org > City
Services > Request for Bids > City Finance — Purchasing. w
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E. Submission of Proposals C
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1. Date and Time U
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All proposals are to be submitted to City of San Bernardino, Attention:
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Deborah Morrow. Proposals received after 3:00 PM PST, _August 25, 2011,
will be rejected by the City as non-responsive.
All proposals for consideration must be in possession of the City by the
submission deadline. Postmark date from the US Postal Service will not be
considered. The proposal shall be signed by a duly authorized official of the
Consultant.
2. Address
Proposals shall be addressed as follows:
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
City of San Bernardino
300 N. "D" Street,
Finance Department— 4t" Floor
Purchasing Division, Attn: Deborah Morrow
San Bernardino, CA 92418.
Proposals may be delivered in person to the Purchasing Division, 4th
floor of the above address.
3. Identification of Proposals
Offeror(s) shall submit a SEALED proposal package consisting of:
a) one (1) signed original of Offeror Proposal and
b) four (4) copies
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The proposal package shall be addressed as shown above, bearing 2,
the Offeror(s) name and address and clearly marked as follows:
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RFP F-12-01
Consulting Services for the Implementation
of the Energy Efficiency Strategic Plan w
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4. Acceptance of Proposals
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a. The City reserves the right to accept or reject any and all
Proposals, or any item or part thereof, or to waive any
informalities or irregularities in proposals.
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b. The City reserves the right to withdraw this RFP at any time (nn
without prior notice and the City makes no representations
that any contract will be awarded to any Offeror(s) responding E
to this RFP. U
C. The City reserves the right to postpone proposal opening for a
its own convenience.
d. Faxed or emailed proposals will not be accepted.
F. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the
Offeror(s) in:
1. preparing its proposal in response to this RFP;
2. submitting that proposal to City;
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
3. negotiating with City any matter related to this proposal; or
4. any other expenses incurred by the Offeror(s) prior to date of award,
if any, of the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Offeror(s) in the preparation of its proposal. Offeror(s) shall not
include any such expenses as part of its proposal.
G. Contract Award
Issuance of this RFP and receipt of Proposals does not commit the City to
award a Purchase Order. The City reserves the right to postpone proposal
opening for its own convenience, to accept or reject any or all Proposals
received in response to this RFP, and to negotiate with other than the
selected Offeror(s) should negotiations with the selected Offeror(s) be �-
terminated. The City also reserves the right to apportion the award 2,
among two or more OFFEROR(S).
A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), >1
along with a pre-performance meeting, outlining additional terms and
conditions relating to performance, warranty, materials, goods, services, or u,
other items as deemed necessary by the City, may be required prior to the co
commencement of the job.
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H. Acceptance of Order
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The successful Offeror(s) will be required to accept a Purchase Order in
accordance with and including as a part thereof the published Request for LU
Proposals, and the RFP documents including all requirements, conditions U)
and specifications contained therein, with no exceptions other than those
specifically listed in the written purchase order. E
I. Business License w
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The City's Business Ordinance requires that a Business doing business
with the City, obtain and maintain a valid City Business Registration
Certificate during the terms of the Agreement. Bidder agrees to obtain such
Certificate prior to undertaking any work under this Agreement.
J. Local Vendor Preference
The City of San Bernardino gives any formal or informal bid submitted by a
local bidder a one percent (1%) credit for goods and materials, where labor
and/or installation is incidental; and a five percent (5%) credit on Contractual
services, for comparison purposes with other bidders, as authorized in the
San Bernardino Municipal Code Section 3.04.125, and Executive Order
2003-1, respectively.
Packet Pg. 342
RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
For the purposes of this section, "local bidders" shall be bidders for which the
point of sale of the goods, materials, or services shall be within the City limits
of San Bernardino.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
SECTION II.
PROJECT
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SCOPE OF WORK ,
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
CITY OF SAN BERNARDINO
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REQUEST FOR PROPOSALS FOR
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Professional Consulting Services for the
Implementation of the E
City's Energy Efficiency Strategic Plan
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August 2011
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RFP F-12-01
Consulting Services for the hnplementation
Of the Energy Efficiency Strategic Plan
TABLE OF CONTENTS
Page
Project Description 12
Project Schedule 13
Consultant Selection Process and Criteria 14
Right to Reject All Proposals 15
Insurance Requirements 16 =
Consultant Agreement 16
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Attachment A: Sample Vendor Service Agreement L
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Attachment B: City's Strategic Plan Statement of Work
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
CITY OF SAN BERNARDINO
Request for Proposal(RFP)for Professional Consulting Services for the Implementation
of the City's Energy Efficiency Strategic Plan.
The City of San Bernardino is requesting proposals for professional consulting services for
the subject project. Consultant should submit a proposal indicating their knowledge and
experience related to the services being sought, familiarity with this type of project and
familiarity with the City's expectations.
PROJECT
DESCRIPTION
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In October 2007, the California Public Utilities Commission(CPUC) created a framework to a
make energy efficiency a way of life in California by refocusing ratepayer-funded energy C
efficiency programs on achieving long-term savings through structural changes in the way L
Californians use energy. The CPUC recognized that California's very ambitious energy
efficiency and greenhouse gas reduction goals require long-term strategic planning to
eliminate persistent market barriers and to produce lasting transformation in the market for w
energy efficiency across the economy. Accordingly, the CPUC committed to prepare and c
adopt a long-term strategic plan for California energy efficiency through 2020 and beyond.
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In August 2010, the City responded to Southern California Edison's Flight 5.6a Request for U_
Proposal for strategic plan activities centered on energy efficiency and addressing the "Big,
Bold" strategies, and related local government goals found in the CPUC's California's Long-
Term Energy Efficiency Strategic Plan. The City received $513,600 for the implementation v
of five activities:
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1. Develop and implement an on-line building permitting process - $221,900 E
2. Develop and deliver stakeholder education program- $68,800 Q
3. Develop and adopt an energy benchmarking policy- $55,450
4. Identify, purchase, and install utility manager software to track energy
consumption of municipal buildings operated by the City San Bernardino-
$114,030
5. Develop and adopt a retro-commissioning (RCx)policy- $53,420
The City is performing the development and implementation of an on-line building
permitting process internally and is not seeking assistance in this activity. As such, its
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RFP F-12-o1
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
budget of$221,900 should not be considered when responding to this RFP. City is seeking
proposals/qualification for the performance of the remaining four activities.
The consultant will be required to complete all tasks identified in the Statement of Work
(SOW), Attachment B (with the exception, as noted above, of the on-line permitting
building permitting process),by September 2012 and submit the related Final Program
Report by October 2012. All tasks identified in the SOW, as requirements, must be
completed within budget.
PROJECT
SCHEDULE
Release RFP August 8, 2011
Proposal Deadline August 18, 2011
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Evaluate Proposals August 22, 2011 a
Consultant Interviews (if necessary) August 25-29, 2011
Award Consultant Contract September 19, 2011
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SCOPE OF SERVICES
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The City of San Bernardino is looking for a consultant to implement the tasks specified in this w
RFP. In addition, we would like to learn about your qualifications in these additional areas.
The City expects to implement these activities ourselves but may request support from the
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selected consultant. Any additional work would take place only under the explicit direction of LL
the City as delineated in a separate P.O.
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Additional activities: w
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• Online permitting
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• Software Implementation =
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• SCE Program Administration
1. Schedule and Budget
The Consultant shall be responsible for project administration and coordination efforts,
including but not limited to: coordination and project design meetings with City and all
affected parties as identified by City staff, utility coordination, cost estimating, quality
control, and scheduling. Consultant shall be responsible for initiating and conducting all
communication efforts with stakeholders.
2. Public Relations
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
The Consultant shall be prepared to attend several meetings with various types of groups,
including but not limited to: City Council, Planning Commission,other City departments,
community and business groups. Consultant is expected to prepare and make presentations
when necessary or as directed by City staff. It is anticipated that there will be three meetings
during the planning phase and three additional meetings afterwards,for a total of six meetings.
The consultant shall provide all outreach material in both English and Spanish and be
prepared at all public meetings and presentations with a bi-lingual speaker.
3. Quality Assurance and Quality Control
The Consultant shall adhere to industry standards and quality control practices. The
Consultant project manager shall review the plans and documentations before submittal to the
City.
CONSULTANT SELECTION PROCESS/SELECTION CRITERIA
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The City will review the proposals and make the consultant selection based on the following
criteria:
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Scoring Criteria Points Possible
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Fee Proposal 10 w
Responsiveness to the RFP and overall clarity of the proposal. 15 M
Consultant shall submit the names,project, and client contact information a
and of three recent projects which includes similar type projects were
designed, including the Consultant names and contact information who c
j managed these projects
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Understanding of key issues involved in successfully implementing energy 35
efficiency strategic plans
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Project team qualifications, experience, and strengths on projects of this
nature
Consultant and sub-consultant experience on similar projects 25
A high level of commitment to quality and timely performance on past 15
similar projects
Consultant's available resources for this project
TOTAL POSSIBLE POINTS 100
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Upon completion of the review and evaluation of the proposals,the City may choose to
conduct interviews with Consultants as deemed necessary.
PROPOSAL REQUIREMENTS
I. The proposal must be concise, well organized, and demonstrate the qualification
and experience of the project team as it relates to the project. The City requires the
Consultant team to remain the same throughout project duration. No substitutions in
the project team will be authorized unless mutually agreed by the City. If
substitution is necessary, a written request will be submitted to the City at least 30
days in advance. This project requires as a minimum, experience in implementing
Energy Efficiency Strategic Plans and other related energy efficiency plans.
II. Fee Proposal: Cost proposal shall include all tasks required to perform the work
specified here in this RFP with a maximum not to exceed fee for each of the
California's Energy Efficiency Strategic Plan (CEESP) goals and a.
associated tasks as specified in Attachment B of the Statement of Work(SOW), and
a grand total lump sum amount of not to exceed fee. Costs shall be all inclusive,
including all overhead,materials,equipment,hourly labor rate and all other
miscellaneous and indirect costs. The cost shall have as an attachment a table c
showing all personnel involved on this project, estimated hours for tasks, and hourly =
rates. w
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III. All proposals shall be addressed to:
City of San Bernardino a
300 North D Street
Finance Department-4th Floor
Attn: Deborah Morrow
San Bernardino, CA 92418 (see page 6 for details) w
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RIGHT TO REJECT
ALL PROPOSALS E
The City of San Bernardino reserves the right to reject all proposals submitted,and no U
representation is made hereby that any contract will be awarded pursuant this RFP. All Q
costs incurred in the preparation of the proposal and related material, submission of a
proposal, the submission of additional information, and/or in any other aspect of a
proposal prior to the award of a written contract will be borne by the respondent.All
proposals and other information submitted to the City of San Bernardino in response to this
RFP shall become the property of the City.
DISCLOSURE
Consultants shall disclose in their responses to any Statement of Qualifications (SOQ)
and/or Request for Proposals whether they have been subject to any investigation by County,
State,and/or Federal agencies within the past five years. If so, each responding consultant
shall identify the agency and contact person,the nature of the investigation, and any
determination over outcome of said investigation. Non-compliance with this section could
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RFP F-1.2-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
result in rejection of the SOQ and/or Request for Proposals.
INSURANCE
REQUIREMENTS
Consultant shall provide insurance certificates naming the City of San Bernardino as an
additional insured for Workers Compensation Insurance, General Liability and
Automobile Liability; the proposer must provide Professional Liability Insurance
coverage Errors and Omissions in the amount of$1,000,000 per occurrence. The insurance
certificate shall contain a provision that the City shall be given thirty(30)days prior written
notice in the event of cancellation or reduction in coverage. Consultant shall also execute a
hold harmless statement on a form provided by the City.
CONSULTANT
AGREEMENT
A sample of the City standard consultant agreement for projects is included (Attachment
A). Your proposal shall contain a statement of the firm's willingness to execute the
contract with an indication of any contractual requirements for which the consultant takes C
exception.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
ATTACHMENT
A
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this the day of September
2011,by and between XXX("VENDOR")and the City of San Bernardino ("CITY" or"San
Bernardino").
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WITNESSETH:
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WHEREAS,the Mayor and Common Council has determined that it is advantageous N
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and in the best interest of the CITY to contract for Professional Consulting Services for the w
Implementation of the City's Energy Efficiency Strategic Plan.; and M
WHEREAS,the City of San Bernardino did solicit and accept bids from available a.
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vendors for Professional Consulting Services for the Implementation of the
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City's Energy Efficiency Strategic Plan per RFP F-12-01; and,
WHEREAS,Vendor is the lowest qualified bidder to provide said services to City;
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NOW,THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in RFP F-12-01, a copy of which
is on file in the Public Works Department and a copy of the Bid Summary Sheet is attached
hereto as Attachment"1" and incorporated by this reference.
2. COMPENSATION AND EXPENSES.
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Of the Energy Efficiency Strategic Plan
a. For the services delineated above,the CITY,upon presentation of an invoice,
the VENDOR in compliance with Billing Table(Attachment B), for Professional Consulting
Services for the Implementation of the City's Energy Efficiency Strategic Plan for FY 2011-
12 and FY 2012-13. The City retains the right to withhold 10% of the fee proposal amount
upon receiving and mutually agreeing on the Final Report and services thereof.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be from August 1,2011 through November 31, 2012.
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This Agreement may be terminated at any time by thirty(30)days' written notice by either
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party for any reason. The terms of this Agreement shall remain in force unless amended by co
written agreement of the parties executed on or before the date of expiration of the current =
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term of the Agreement. M
4. CONTRACTOR NON-COMPLIANCE a
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A. If the Public Services Department Director, or his designee, determines that there are
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deficiencies in the performance of this Agreement, the Public Services Director, or
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his designee, will provide a written notice to the vendor stating the deficiencies and s
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specifying a time frame to correct the specified deficiencies. This time frame shall Q
be reasonable, as determined by the Public Services Department Director, or his
designee,to correct the specified deficiencies.
B. Should the VENDOR fail to correct any deficiencies within the stated time frame,
the Public Services Department Director, or designee, may exercise the following
measures:
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RFP F-1.2-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
1. Deduct from the VENDOR'S payment the amount necessary to correct the
deficiency, including City overhead costs and impose a deficiency deduction.
2. Withhold the entire or partial payment.
3. Terminate the contract and award to second bidder.
4. INDEMNITY.
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees
and agents from any claims, demands, lawsuits, liabilities,judgments, or expenses, including
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attorney's fees, damage to property or injuries to or death of any person or persons or damages
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of any nature including,but not limited to, all civil claims or workers' compensation claims, N
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to the extent arising out of,pertaining to, or related to the negligence,recklessness, or willful w
misconduct of Vendor, its employees, agents or subcontractors in the performance of this M
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Agreement, except that such duty to defend indemnify, a-
S p y fy, and hold harmless shall not apply to LL
the extent where injury to person or property is caused by City's negligence,recklessness or
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willful misconduct. Vendor hereby waives any and all rights to any types of express or U
implied indemnity against the City, its elected officials, employees, agents or representatives,
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with respect to third party claims against the Vendor relating to or in any way connected with U
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the accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy 30 days' notice prior to any change or termination of policy.
6. NON-DISCRIMINATION.
In the perfonnance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race,religion, color,national
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origin, ancestry, age,mental or physical disability,medical conditions, marital status, sexual
gender or sexual orientation, or any other status protected by law. in
7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and M
purposes VENDOR shall be an independent contractor and not an agent or employee of the a
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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Income Tax, Social Security, State Disability Insurance Compensation,Unemployment W
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in connection with the services to be U
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performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses,
permits, qualifications, insurance and approval of whatever nature that are legally required of
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VENDOR to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909)384-5140
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9. ATTORNEYS' FEES. co
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In the event that litigation is brought by any party in connection with this Agreement, n
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of W
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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office in enforcing this Agreement on behalf of the CITY shall be considered as"attorneys'
fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign,transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void
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Consulting Services for the Implementation
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and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY'S consent,no subletting or assignment shall release
VENDOR of VENDOR's obligation to perform all other obligations to be performed by
VENDOR hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District o
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of California,Eastern Division. The aforementioned choice of venue is intended by the parties
to be mandatory and not permissive in nature. n
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12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California. M
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13. SUCCESSORS AND ASSIGNS. a-
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement C
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and their respective heirs,representatives, successors, and assigns. w
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14. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of U
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convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction
to be invalid or unenforceable for any reason, such determination shall not affect the validity
or enforceability of the remaining terms and provisions hereof or of the offending provision in
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any other circumstance, and the remaining provisions of this Agreement shall remain in full
force and effect.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject
manner of this Agreement. This Agreement may be modified or amended only by a written
instrument executed by all parties to this Agreement.
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Packet Pg. 358
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
VENDOR SERVICE AGREEMENT
VENDOR X
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: 12011
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By: EXHIBIT COPY o
Name:
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Title: a
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Dated , 2011 CITY OF SAN BERNARDINO
By: EXHIBIT COPY a
Charles E. McNeely, City Manager U-
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Approved as to Form:
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By: EXHIBIT COPY
James F. Penman, City Attorney E
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ATTACHMENT B
Statement of Work
TABLE OF CONTENTS
SECTION 1:PROGRAM DESCRIPTION .........................................................................................26
SECTION 2: OBJECTIVES.......................................................................................28
SECTION 3: GENERAL REQUIREMENTS..................................................................28
SECTION 4: SCHEDULE OR TASKS DELAYS...............................................................................29
SECTION 5: STATEMENT OF WORK............................................................................................29
Task1 -Program Ramp-up ..............................................................................................................29 --
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Task2 -Strategic Plan Goal 1..........................................................................................................30 a
Task 2—Develop and Implement an On-line Building Permitting Process.................................30
Task3 - Strategic Plan Goal 1..........................................................................................................32 L
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Task 3—Develop and Deliver Stakeholder Education Program..................................................32
Task4-Strategic Plan Goal 3..........................................................................................................35
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Task 4—Develop and Adopt Energy Benchmarking Policy........................................................35
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Task5 -Strategic Plan Goal 3..........................................................................................................37
Task 5—Identify,Purchase, and Install Utility Manager Software to Track Energy a
Consumption of Municipal Buildings Operated by City San Bernardino....................................37
Task6 -Strategic Plan Goal 3..........................................................................................................41 L
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Task 6—Develop and Adopt a Retro-commissioning(RCx)Policy............................................41 W
Task 7—Invoicing and Reporting....................................................................................................43 N
Task 8 -Ramp-Down and Shut-Down Program...............................................................................44
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Task 9 - Submit Final Program Report.............................................................................................45
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SECTION6:PAYMENT...........................................................................................................................46 Q
SECTION 7:PERFORMANCE INDICATORS...................................................................................47
Appendix A: Monthly Invoicing and Reporting Requirements....................................................48
Appendix B: Regulatory Reporting Requirements.......................................................................50
Appendix C: Billing Schedule......................................................................................................57
TABLES
Table 1: Implementer T&M Fully Burdened Hourly Billing Rate.........................................46
Table 2: Implementer's Budget Breakdown..................................................................47
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Statement of Work
PROGRAM IMPLEMENTER: CITY OF SAN BERNARDINO
PROGRAM NAME: SAN BERNARDINO ENERGY EFFICIENCY&TECHNOLOGY UPGRADE PROGRAM
PROGRAM BUDGET: $513,600
SECTION 1:PROGRAM DESCRIPTION
A. Program Background: Pursuant to Decision 09-09-047,the CPUC authorized Southern
California Edison("SCE")to conduct strategic plan activities centered on energy efficiency
and addressing the"Big, Bold"strategies and related local government goals found in the a.
CPUC's California's Long-Term Energy Efficiency Strategic Plan("CEESP")'. Based on
this authorization, SCE conducted a solicitation seeking to fund activities that would lead to
long-term, sustainable changes as opposed to supporting staffing resources or short-term
initiatives that would cease to exist once the funding had ended.
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One of the selected programs in this solicitation is the City of San Bernardino's Strategic
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Plan Strategies (the"Program"). Through the Program,the City of San Bernardino co
("Implementer")will integrate energy efficiency and conservation efforts throughout the �
city's operations to address Strategic Goals 1 and 3 of the California Energy Commission. U_
Additionally,this integrated Program will enable the city to establish policies and programs
that achieve cost savings through the implementation of energy efficiency projects, while
serving as a model to other communities in the region. W
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The Implementer will perform the tasks required in order to meet the objectives of the a
CEESP while utilizing the following CEESP Goals: s
• Strategic Plan Goal 1: Local governments lead adoption and implementation of Q
"reach" codes stronger than Title 24 on both mandatory and voluntary basis;
• Strategic Plan Goal 3: Local governments lead by example with their own facilities
and energy usage practices; and;
B. Defined Terms: Capitalized terms not otherwise defined in this Statement of Work
("SOW")will have the meaning ascribed to them in the Contract,which is attached to the
SOW and incorporated herein by reference.
1. Business Day: The period from one midnight to the following midnight, excluding
1 Please go to www.califomiaenergyefficiency.com for a copy of the CEESP.
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Consulting Services for the Implementation
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Saturdays, Sundays, and holidays.
2. Calendar Day: The period from one midnight to the following midnight, including
Saturdays, Sundays, and holidays.
3. Change Order: Document SCE issues to Implementer and,unless otherwise
provided in the Contract, Implementer accepts, and which changes or modifies the
terms of the Contract.
4. Contract: Document issued by SCE to facilitate payment to the Implementer for the
Work described herein and the terms and conditions that will govern the Work to be
performed.
5. Contract Program Manager (CPM): The SCE Representative who will manage
the Program. a
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6. Core Functioning Facility: Any municipal facility larger than 2,000 square feet
with uses by the municipal government office buildings (e.g., city hall, fire L
department,police department, libraries, etc.),but does not include parks and other
recreational facilities.
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7. CPUC: The California Public Utilities Commission. o
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8. Implementer: The City of San Bernardino.
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9. Month or Monthly: A term ending on the last Calendar Day of each Month.
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10. Other Municipal Facilities: Other municipal facilities with an SCE electric service
account not included as a Core Functioning Facility, e.g.,traffic control facilities, U
outdoor recreational facilities,potable water distribution plants and equipment,
sewage accounts, storm water pumps, etc.
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11. Performance Indicators: Specific,measureable, actionable,realistic and time-
specific requirements that will directly and measurably contribute to SCE's business a
goals for the Contract.
12. SCE Representative: The CPM or such other representative authorized by SCE to
manage this Program.
13. Subcontractor: An entity contracting directly or indirectly with Implementer to
furnish services or materials as part of or directly related to Implementer's Work.
14. Title 24: California Code of Regulations (CCR), Title 24, also known as the
California Building Standards Code(composed of 12 parts). Title 24, Part 6 sets
forth California's energy efficiency standards for residential and nonresidential
buildings and was established in 1978 in response to a legislative mandate to reduce
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ConsUfting Services n
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California's energy consumption. The standards are updated periodically to allow
consideration and possible incorporation of new energy efficiency technologies and
methods. Title 24, Part 6 is the focus of the Work under this Purchase Order.
15. Work: Any and all obligations of Implementer to be performed pursuant to and
during the term of the Agreement, any revision to the Contract, or a subsequent
Contract or Contract Addendum incorporating this Statement of Work. The Work
will include, but may not be limited to,the tasks described in Section 5 of this
Statement of Work.
SECTION 2: OBJECTIVES
Through the Program, the Implementer will build a strong case for local government energy
efficiency policies that result in a healthier, cleaner environment for the City of San
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Bernardino. These policies will serve as link between the CEESP and the City of San
Bernardino. Through the Program, the Implementer will deliver a comprehensive and
integrated package of polices and systems that include the following elements: in
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6. Develop and implement an on-line building permitting process;
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7. Develop and deliver stakeholder education program;
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8. Develop and adopt an energy benchmarking policy; a.
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9. Identify,purchase, and install utility manager software to track energy consumption
of municipal buildings operated by the City San Bernardino; and
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10. Develop and adopt a retro-commissioning (RCx)policy.
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SECTION 3: GENERAL REQUIREMENTS
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A. Notice to Proceed ("NTP"): Implementer may start Work only upon the occurrence of each
of the following:
A. Implementer receives the Contract;
B. Implementer provides to the CPM a signed acknowledgement form of the Contract; and
C. CPM provides to Implementer written approval to proceed.
B. Goals: The primary goal of the Program is to achieve the Objectives and Performance
Indicators set forth herein, in the time frame herein. SCE will regularly review the
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implementation schedule (milestones, delivery dates, etc.) contained herein against actual Work
performed by Implementer to assess the Program's progress.
SECTION 4: SCHEDULE OR TASKS DELAYS
If the schedule or a task(including achievement of goals as outlined herein) is delayed for any
reason, Implementer has the responsibility to notify the CPM in writing within thirty(30)
Business Days. SCE may accept the delay, allow time for the remedy of the delay,reduce both
the budget and the Work, or terminate the Contract within thirty(30)Business Days following
receipt of any written notice of delay from Implementer.
SECTION 5: STATEMENT OF WORK _
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The Work for each of the CEESP goals and associated tasks are described herein: °-
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Task 1 - Program Ramp-up
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A. Attend Program Kick-off Meeting: Implementer's representative(s)will attend a half-day
Program kick-off meeting with the CPM to discuss Program logistics,marketing w
coordination, evaluation, monitoring and verification coordination, invoicing requirements, M
scope of Work, and any remaining Contract issues at an SCE-designated location. r
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Implementer's representative will attend the Program kick-off meeting at a time and place
to be determined by SCE after the issuance of the NTP.
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To avoid duplication and unnecessary expenditures,the CPM will provide information and w
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guidance regarding currently available resources (e.g., available training programs,reach
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building codes,templates,utility manager software resource guide, etc.)to be used by the E
Implementer in assessing pre-existing resources. This will enable the Implementer to focus
efforts on the areas in each task where any gaps may exist. Q
B. Program Data,Invoicing,and Reporting Tool Training: The Implementer will attend a
half-day workshop (Webcast)that provides training on the use of SCE invoicing and
reporting tool("IR Tool"). The Implementer will attend IR Tool training at a time and place
to be determined by SCE after the issuance of the NTP.
Deliverables Due Date(s)
1. Attend a half-day Program Kick-off Determined by SCE after the issuance of
Meeting the NTP.
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2. Attend a half-day IR Tool training session Determined by SCE after the issuance of
and ongoing IR Tool update training. the NTP or notification of IR Tool
program changes.
3. Delivery flat files(first draft)to CPM for IR Tool training plus 5 Calendar Days.
review and approval.
4. Delivery of flat files(final draft)to CPM for IR Tool training plus 10 Calendar Days.
review and approval.
Task 2 - Strategic Plan Goal 1
Strategic Plan Goal 1:Local governments lead adoption and implementation of"reach"codes
stronger than Title 24 on both mandatory and voluntary basis.
• Task 2 (Strategic Plan Task 1.1.5): Develop and adopt programs to encourage energy
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efficiency such as one-stop permitting, on-line permitting, separate Zero Net Energy 2
permit processes, density bonuses, or a recognition program.
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Task 2—Develop and Implement an On-line Building Permitting Process W
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Implementer will design or procure and implement an energy efficiency project on-line c
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building permit process to promote energy efficiency in new project permits within the City of
San Bernardino. The process will be designed to streamline processing for customers M
incorporating energy efficiency elements in the construction process as well as provide a means
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for tracking energy efficiency projects by the Implementer. U_
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Both the on-line permit system and permit staff will promote expanded energy efficiency
measures, including whole building approaches to new construction. The website and v
email/on-line communication with customers will include references to investor owned y
utilities' ("IOUs")programs and recommend additional energy efficiency measures and whole d
building approaches. _
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A. Report on Status of Implementer or Subcontractor to Support the Task: Implementer a
will submit Monthly reports on the status of hiring expertise to complete the activities in
this task.
B. Assessment and Planning Report for the On-Line Permitting System - Evaluate
online permit system for compatibility and integration with existing system. The
Implementer review online permitting processes and systems of other local governments
to gain insight from their experience. As part of this assessment and planning report,
Implementer will also provide:
• The technical specifications for on-line permitting system, including any required
interfaces;
• Policy statement that describes the functionality of the on-line permitting service,
required resources and timeline for completion;
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• Detailed description of on-line permitting system to the CPM. The CPM will validate
the connections between the permitting process and SCE's incentive programs; and
• Approach to be used to assess the effectiveness of the on-line permitting system.
The assessment and planning report for the on-line permitting system will also include a
discussion of sustainability for the Program after SCE funds are expended. The report will
also include a list of all non-SCE funding sources and amount funded by each non-SCE
source required to complete this task. A contingency plan will also be included if
unexpected delays or shortfalls occur in receiving non-SCE funding.
C. Review Documents Developed During Program Implementation—Implementer shall
include evidence of a live, fully functional on-line permitting system and outreach material.
Implementer may also include an invoice for software purchase, agreement for use of
software, updated procedures and training plan for city staff, and website supporting nom.
Program. •�
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D. Monthly Reports on Outreach and Education Efforts—Implementer shall include a list in
of all stakeholder meetings, workshops, etc.; list of all attendees and contact info by L
workshop; and discussion on how input was used in refining the on-line permitting process. c
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E. Promotion of Energy Efficiency in New Construction: Implementer will prepare a
Program that promotes energy efficiency during the permitting process. Implementer will
submit the Program to its city council for adoption. If the Program is adopted, Implementer U_
will submit to the CPM the date the Program will be implemented. If the Program is
rejected, Implementer will submit a memorandum to the CPM explaining the reasons for
rejection and alternate plans. w
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F. Plan for Sharing Lessons Learned/Best Practices with Other Local Governments: c
Implementer will prepare a report describing lessons learned and their understanding of best E
practices experienced during the development of the on-line permitting system. _
Implementer will submit a plan for sharing this report with other local governments. Q
G. Assess Value and Benefits on On-line Permitting System: The Implementer will assess
the value and benefits of the Program through tracking of community-wide energy
efficiency projects and evaluate impact of voluntary actions towards "reach" energy
efficiency activities above Title 24,in conjunction with SCE. Implementer shall include an
analysis of energy efficiency measures that were installed due to the on-line permitting
system. Such an analysis could comprise an analysis of types of measures installed before
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and after the system was installed.
H. Monthly Status Report: Implementer will provide a Monthly report of all on-going
activities including a list of Monthly achievements and outstanding issues.
Implementer will provide all materials developed under this task to the CPM for review and
comment.
Deliverable(s) Due Date(s)
1. Report on status of Implementer or
Subcontractor to support the task NTP plus 90 Calendar Days
2. Assessment and planning report for the on-line NTP plus 2 Months
permitting system
3. Assessment and planning report for the o.
development of a Program that encourages NTP plus 5 Months a,
Energy Efficiency
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4. Review documents developed during Program N
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6. Plan for sharing lessons learned/best practices
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7. Submit Program that promotes Energy =
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Efficiency to City Council for adoption C7
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8. Monthly reports of tracked Performance Monthly with Invoicing Requirements vi
Indicators (see Task 7)
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Task 3 -Strategic Plan Goal 1 a
Strategic Plan Goal l: Local governments lead adoption and implementation of"reach"
codes stronger than Title 24 on both mandatory and voluntary bases.
• Task 3 (Strategic Plan Task 1.1.6): Develop educational programs for local elected
officials,building officials, commissioners, and stakeholders to improve adoption of
energy efficiency codes, ordinances, standards, guidelines and programs.
Task 3—Develop and Deliver Stakeholder Education Program
Implementer will plan and deliver energy efficiency workshops for elected officials,
building commissioners,planning officials, and other city employees for the purposes of
promoting the implementation of programs and policies that encourage and accelerate the
development and adoption of energy efficiency projects in the City of San Bernardino.
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A. Report on Status of Implementer or Subcontractor to Support the Task: Implementer
will submit Monthly reports on the status of hiring expertise to provide to complete the
activities in this task.
B. Assessment and Planning Report for Stakeholder Energy Efficiency Education
Program: Implementer will review other stakeholder energy efficiency education offerings
delivered by other local governments and NGOs to gain insights from their experience in
planning and delivering of this nature. As part of this assessment and planning report,
Implementer will also provide:
• The number of workshops to be offered;
• The site selection criteria and potential dates for each workshop to be presented;
• An draft agenda of potential topics to be covered; a
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• A list of appropriate and recognized energy efficiency experts as potential speakers for
each module of instruction;
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• A list of potential attendees by position and city organization; w
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• A list of required presentation materials to be provided to attendees; and
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• A strategy for a follow-up evaluation for determining workshop value to participants
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and for sharing of best practices.
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Implementer will provide the assessment and planning report to the CPM for review and w
comment.
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The stakeholder energy efficiency education assessment and planning report will include a E
discussion of sustainability for the Program after SCE funds are expended. The report will U
also include a list of all non-SCE funding sources and amount funded by each non-SCE
source required to complete this task. A contingency plan will also be included if
unexpected delays or shortfalls occur in receiving non-SCE funding.
C. Energy Efficiency Workshop Implementation: Based on the results of the assessment
and planning effort, Implementer will host a one-day regional energy efficiency at a site and
date determined to maximize, as much as possible, attendance by key officials from the
City of San Bernardino. Topics to be presented include,but not limited to,the following:
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
• Energy efficiency and green house gas ("GHG")reduction in California
•Overview of how utilities operate and make money
•AB 32
•CPUC Long-Term Energy Efficiency Strategic Plan
• An overview of key buzzwords and how they interact with each other
•Energy efficiency
•GHG reductions
•Sustainability
•Climate Action Plan/Energy Action Plan
•Key energy players in California: utilities, CEC, CPUC, GARB, US Department of
Energy, Environmental Protection Agency
ca
•Title 24 a
• San Bernardino 's response to energy efficiency and GHG reductions
•Results of GHG baseline inventory Y
Cn
•City's Green Element
•SCE Partnership Program
w
•Code compliance c
• The role of local government in reduction of GHGs
•City's energy saving and GHG reduction goals a.
U.
•Review of code compliance enforcement
c
• "Hands-on"instruction
•City's Plan Check Counter w
U
•A pre-sale inspection
•An audit of one of our municipal buildings
•Tour of Southern California Edison's CTAC (if practical). 0
M
D. Assess Value and Benefits of the Energy Efficiency Workshop: The Implementer will Q
assess the value and benefits of the Program through a follow-up evaluation survey of
participants. The follow-up survey should assess participant understanding of the
importance of energy efficiency policies and programs in meeting the goals of their
respective community both before and after the summit.
E. Plan for Sharing Lessons Learned/Best Practices With Other Local Governments:
Implementer will prepare a report describing lessons learned and their understanding of best
practices experienced during the planning, marketing, and hosting of the energy efficiency
summit. Implementer will submit a plan for sharing this report with other local
governments.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
F. Monthly Status Report: Implementer will provide a Monthly report of all on-going
activities including a list of Monthly achievements and outstanding issues.
Implementer will provide all materials developed under this task to CPM for review and
comment.
Deliverable(s) Due Date(s)
1. Report on status of Implementer or NTP plus 30 Calendar Days
Subcontractor to support the task
2. Assessment and planning report for hosting a NTP plus 90 Calendar Days
regional energy efficiency summit
3. Energy efficiency summit implementation NTP plus 10 Months
c
4. Assess value and benefits of the energy NTP plus 12 Months a
efficiency summit 2
a�
5. Plan for sharing lessons learned/best practices NTP plus 12 Months M
with other local governments
a
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6. Deliver Monthly reports from tracking system Monthly with Invoicing Requirements c
(see Task 7) w
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Task 4-Strategic Plan Goal 3
a.
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Strategic Plan Goal 3: Local governments lead by example with their own facilities and
c
energy usage practices.
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• Task 4 (Strategic Plan Task 3.1.1): Develop energy benchmarking policies and N
procedures to enable ongoing benchmarking of all local government facilities.
a�
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Task 4—Develop and Adopt Energy Benchmarking Policy
r
Q
The Implementer will develop a benchmarking policy and quantify the impact of various
energy-saving programs,policies, and procedures undertaken by the Implementer. The
Implementer will share the results of this task by disseminating a menu of quantified energy-
saving programs,benchmarking policies, or procedures to other communities and facility
managers. Implementer will also develop presentations to disseminate the benchmarking
policies and analysis to other groups.
A. Report on Status of Implementer or Subcontractor to Support the Task: Implementer
will submit Monthly reports on the status of hiring expertise to complete the benchmarking
policy and quantify impact of energy-saving programs undertaken by the City of San
Bernardino.
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RFP F-12-01
Of the Energy Efficiency Strategic Plan
B. Assessment and Planning Report for Developing the Benchmarking Policy and
Quantifying the Impact of Energy-Savings Programs: Implementer will assess existing
benchmarking policies,procedures and resources. Implementer will develop a
benchmarking policy development plan based on the assessment. Implementer will also
provide an outline on the analysis of the benchmarking results and describe the
methodology to calculate energy savings and estimated return on investments for the
installation of cost-effective energy efficiency measures. Implementer will also provide a
timeline and determine the frequency of quantifying the impact of energy savings programs.
The benchmarking policy assessment and planning report will also include a discussion of
sustainability for the Program after SCE funds are expended. The report will also include a
list of all non-SCE funding sources and amount funded by each non-SCE source required to
complete this task. A contingency plan will also be included if unexpected delays or
shortfalls occur in receiving non-SCE funding. a.
C. Report on the Implementation of Quantifying the Impact of Energy-Savings
Programs: Implementer will analyze the validated data from the energy tracking software, N
benchmark results. Implementer will develop estimated return on investments for installing L
cost-effective measures, which are under consideration for all buildings analyzed. w
Implementer will also document any changes in policies,procedures or actions taken o
resulting from the analysis, and quantify the energy savings impacts resulting from the
changes. 77 a.
U_
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D. Draft and Final Benchmarking Policy: Using the CPM-reviewed benchmarking C
development plan, Implementer will establish a benchmarking policy for all municipal 0
buildings. The benchmarking policy will describe the systematic process to efficiently U
conduct the benchmarking, the frequency of updating the data and the process to assure the
data is integrated into Implementer's operational decisions. The benchmarking policy will
also include the process for how benchmarking will be used to promote energy efficiency.
Implementer will provide both the draft and final benchmarking policy to the CPM. Q
E. Report on Benchmarking Outreach Activities: Implementer will also describe all
outreach activities undertaken in disseminating the benchmarking policy and analysis
results, and provide copies of all presentations.
F. Monthly Status Report: Implementer will provide a Monthly report of all on-going
activities including a list of monthly achievements and outstanding issues.
Implementer will provide all materials developed under this task to the CPM for review and
comment.
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Of the Energy Efficiency Strategic Plan
Deliverable(s) Due Date(s)
1. Report on status of Implementer or Monthly with Invoicing
Subcontractor to support the task Requirements(see Task 7)
2. Assessment and planning report for both NTP plus 60 Calendar Days
developing the benchmarking policy and
quantifying the impact of energy-savings
programs
3. Report on the implementation of Based on timeline developed in
quantifying the impact of energy-savings Task 6.13 with Invoicing
programs Requirements(see Task 7)
c
4. Draft and final benchmarking policy Draft policy to be completed by a
U
NTP plus 8 Months; final policy to
be completed by NTP plus 10
Months with Invoicing
Requirements
c
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5. Report on benchmarking outreach activities Monthly with Invoicing o
Cn
Requirements(see Task 7)
a
6. Monthly status report Monthly with Invoicing U_
Requirements(see Task 7) c
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Task 5 - Strategic Plan Goal 3
rn
Strategic Plan Goal 3: Local governments lead by example with their own facilities and energy
usage practices. E
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• Task 5 (Strategic Plan Task 3.1.2): Set up a `utility manager' computer program to
track municipal usage. Identify need for sub-metering to plan,budget and manage bills.
Task 5—Identify,Purchase, and Install Utility Manager Software to Track Energy
Consumption of Municipal Buildings Operated by City San Bernardino
The Implementer will facilitate the procurement of the right to use utility manager software
adequate to meet the needs of City of San Bernardino. Implementer will procure all required
software purchases and activities to make the utility manager functional for tracking municipal
energy usage. The utility manager will enable Implementer to access facility energy
consumption, archive billing data, and report and analyze energy consumption data via the
Internet.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
A. Report on Status of Implementer or Subcontractor to Support the Task: Implementer
will submit Monthly reports on the status of hiring expertise to install the utility manager
software.
B. Utility Manager Software Planning Report: To facilitate the successful implementation
of the Work,the CPM will provide the Implementer a utility manager resource guide at the
kick-off meeting. The Implementer will assess commercially available utility manager
software programs to determine which program will best meet the needs of the city.
Implementer will identify the software program selected to perform the utility manager
functions and the selection rationale. The utility manager software planning report will
contain sufficient information to guide the utility manager software installation, including
documentation of the existing hardware capability, a determination of whether each facility
has the existing capability to run the utility manager software, and recommendations of any
n.
necessary hardware purchases. The utility manager software planning report will also
include the following sections: CD
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• A utility manager software procurement plan, including the procurement of the required
networking software capability:
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• A data acquisition and data transfer plan into the utility manager software; M
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• Identification of the sub-metering data requirements; o.
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• An utility manager software testing plan;
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• A training plan including documentation on the effectiveness of the training for the U
appropriate city personnel;
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• An utility manager software sustainability plan that shows how the use of the software
will continue after 2012; and U
Q
• A detailed description of the roles and responsibilities for the Implementer, city
personnel, and the utility manager software provider.
The Implementer will work with all parties to develop the utility manager software planning
report, and will incorporate comments from relevant city stakeholders and the utility
manager software provider,before submitting the utility manager software planning report
to the CPM for review.
The utility manager software planning report will also include a discussion of sustainability
for the Program after SCE funds are expended. The report will also include a list of all non-
SCE funding sources and amount funded by each non-SCE source required to complete this
38
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Of the Energy Efficiency Strategic Plan
task. A contingency plan will also be included if unexpected delays or shortfalls occur in
receiving non-SCE funding.
C. Procurement of Utility Manager Software: Based on the utility manager software
planning report, Implementer will work with the vendor to obtain detailed cost
specifications for the procurement of the right to use the utility manager software, and to
develop utility manager software access agreement(s)to be executed by the vendor and the
City of San Bernardino. The utility manager software access agreement(s)will specify the
terms and conditions for purchasing the rights to use the utility manager software,
transferring data into utility manager software, and maintaining utility manager software.
The utility manager software access agreement will also include a complete description of
the responsibilities for all parties. Implementer will facilitate the execution of the utility
manager software access agreements by the vendor and the City of San Bernardino. The
City of San Bernardino must sign the utility manager software access agreement before a
receiving any additional Program services. The utility manager software access agreement
may be executed at any time prior to April 1, 2012. Implementer will provide executed
copies of the utility manager software access agreements to the CPM.
L
w
D. Report on Utility Manager software Installation: After the utility manager software
access agreement has been executed, all activities required to make the utility manager
software database functional for the City of San Bernardino can proceed. Installation
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activities include but are not limited to the following: U_
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• Procure utility manager software and the required networking software capability; 2
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• Procure sub-metering capability, as needed;2
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• Modifying software technology so that individual municipal buildings and city's staff
have appropriate on-line access;3 Q
2 Cost of networking the software is allowed if the expense has demonstrated value in meeting the CEESP strategic
menu objectives and the expense is attributed to establishing the utility manager software.Cost of sub-metering is
only allowed to acquire the energy usage for an entire building that is part of a campus-type facility served by a
single electric meter.
3 Cost of networking the software is allowed if the expense has demonstrated value in meeting the CEESP strategic
co menu objectives and the expense is attributed to establishing the utility manager software.Cost of sub-metering is
only allowed to acquire the energy usage for an entire building that is part of a campus-type facility served by a
single electric meter.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
• Training appropriate city staff on all aspects of data base operations including: set-up,
data transfer, data storage and utility manager software maintenance;
• Obtaining and transferring to the data base, all relevant facility information;
• Acquiring from SCE billing data and consumption data from existing sources;
• Testing the database through the submission of initial data and implementing any
required modifications; and
• Generating periodic reports on energy usage.
c
Implementer will provide status reports to the CPM on all utility manager software a
installation activities, and monthly reports from the utility manager software system.
a�
E. Report of Utility Manager Training Program Report and Maintenance Activities: n
Implementer will train appropriate city personnel on energy analyses techniques and a
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develop an implementation plan for utility manager software monitoring and maintenance. w
Activities will include but are not limited to the following: o
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• Implementer will train appropriate city personnel on using utility manager software to
analyze energy consumption data, identify energy savings opportunities,benchmark U_
facility usage and operations, and sustain project savings; and
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• Implementer will also develop a utility manager software maintenance plan that will w
ensure continued use of utility manager software after 2012. L)
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Implementer will provide the utility manager software maintenance plan, a description of
training sessions conducted and a list of attendees to the CPM. Implementer will also
document training effectiveness.
Q
F. Report on Actions Taken Resulting from the Benchmarking Analysis: Implementer will
document the results following the implementation energy efficiency upgrades after the
benchmarking analysis has been completed. Implementer will also document plans for re-
investing energy efficiency savings into the city's budget for future energy efficiency
activities. Finally, Implementer will document the energy efficiency actions taken at the
City of San Bernardino that can be attributed to the benchmarking analysis.
G. Monthly Status Report: Implementer will provide to the CPM a Monthly report of all on-
going activities including a list of Monthly achievements and outstanding issues.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Implementer will provide all materials developed under this task to CPM for review and
comment.
Deliverable(s) Due Date(s)
1. Report on status of Implementer Monthly with Invoicing Requirements (see
or Subcontractor to support the Task 7)
task
2. Utility manager software Monthly starting Within 3 Months of
planning report Subcontractor selection, with Invoicing
Requirements (see Task 7)
3. Procurement of utility manager Monthly starting within 60 Calendar Days after a
software approval of Utility Manager software planning
report with Invoicing Requirements (see Task ;
7) L
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4. Report on utility manager Monthly with Invoicing Requirements (see
software installation Task 7) w
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5. Report of utility manager training Monthly with Invoicing Requirements (see
and maintenance activities Task 7) LL
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6. Report on actions taken resulting Monthly with Invoicing Requirements (see
from the benchmarking analysis. Task 7) W
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7. Monthly status report Monthly with Invoicing Requirements (see
Task 7) E
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Task 6 - Strategic Plan Goal 3
Strategic Plan Goal 3: Local governments lead by example with their own facilities and energy
usage practices.
• Task 6 (Strategic Plan Task 3.2.4): Develop commissioning/retro-commissioning
policies for municipal facilities
Task 6—Develop and Adopt a Retro-commissioning(RCx) Policy
The Implementer will develop RCx policies for the City of San Bernardino to adopt that help
them prioritize and implement energy efficiency projects in a cost-effective manner for the
city's facilities. Implementer will ensure that RCx policies developed are consistent with the
statewide RCx guidelines published by the California Commissioning Collaborative.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
A. Report on Status of Implementer or Subcontractor to Support the Task:
Implementer will submit monthly reports on the status of hiring expertise to develop the
RCx policy.
B. RCx Policy Assessment and Planning: In preparation for the development of RCx
policy, Implementer will review statewide RCx guidelines published by the California
Commissioning Collaborative, available RCx policies already adopted for other
jurisdictions, and conduct an assessment of existing RCx policies in other jurisdictions,
and prepare a plan for a RCx policy for local government facilities based on the
information gained from this assessment.
The RCx policy assessment and planning report will include a discussion of
sustainability for the Program after SCE funds are expended. The report will also
include a list of all non-SCE funding sources and amount funded by each non-SCE
source required to complete this task. A contingency plan will also be included if a
unexpected delays or shortfalls occur in receiving non-SCE funding.
rn
C. RCx Policy Outline: The Implementer will develop a draft RCx policy outline that
complies with the statewide RCx guidelines published by the California Commissioning w
Collaborative. The RCx policy will include a list of the qualifications for staff
conducting RCx audits, implementing RCx programs and monitoring for each major
RCx measure. The RCx policy will include an assessment as to which RCx projects UL
and/or RCx measures can be performed by the Implementer and which projects and/or
RCx measures need to be referred to SCE or other RCx providers. For RCx measures
being installed by the Implementer,the RCx policy manual will include the detailed w
U
installation specifications and monitoring requirements. The RCx policy will also
include a complete description of ongoing quality controls that will ensure that the
California Commissioning Collaborative published guidelines are consistently being
followed. Implementer will submit the draft RCx policy outline for CPM review.
D. Draft RCx Policy: Implementer will incorporate CPM's comments on the RCx outline
in developing the draft RCx policy. Implementer will submit the draft RCx policy to the
CPM.
E. Final RCx Policy: Implementer will provide the final RCx certification policy to its
city council for presentation and adoption. Implementer will provide evidence to the
CPM that the final RCx policy was presented and adopted by the city council. The
Implementer will document the adoption of the recommendations. If the RCx policy is
not adopted, Implementer will provide reasons why RCx policy was not adopted, and
alternative steps to be taken.
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Consulting Set vices 1tr Lhe implementation
Of the Energy Efficiency Strategic Plan
F. Monthly Status Report: Implementer will provide a Monthly report of all on-going
activities including a list of Monthly achievements and outstanding issues.
Implementer will provide all materials developed under this task to CPM for review and
comment.
Deliverable(s) Due Date(s)
1. Report on status of Implementer or Monthly to be completed within NTP
Subcontractor to support the Task plus 90 Calendar Days with Invoicing
Requirements(see Task 7)
2. RCx policy outline Within NTP plus 150 Calendar Days
3. Draft RCx policy Within NTP plus 9 Months
4. Final RCx policy Within NTP plus 12 Months
FL
5. Monthly status report Monthly with Invoicing Requirements a�
(see Task 7)
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Task 7—Invoicing and Reporting
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A. IR Tool: After SCE provides Implementer training on the IR Tool,the Implementer M
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will utilize the IR Tool, which serves three primary purposes:
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• Enables Implementer to provide SCE with required Program information;
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• Provides CPM the capability to access Implementer's Program information and
create reports; and
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• Provides miscellaneous reporting support for SCE's internal and CPUC Q
reporting requirements.
B. Submission of Information into IR Tool: Implementer will update the IR Tool on a
Monthly basis in accordance with requirements delineated in Appendix A (Monthly
Invoicing and Reporting Requirements). Implementer will work collaboratively with the
CPM in tailoring the flat files for the Program.
C. Monthly Invoicing and Reporting: All required Monthly invoice reports can be generated
via the IR Tool. Implementer will be responsible for implementing, adhering to, and the
submission of, the items as described in Appendix A(Monthly Invoicing and Regulatory
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Reporting Requirements) of this Statement of Work. The invoice reporting requirements
may be amended from time to time, at which time SCE will notify Implementer of the
changes and issue a new Appendix A. Implementer will implement these modifications in a
timely manner and future invoice documentation will reflect them.
D. SCE's Regulatory Reporting: Implementer will implement, adhere to, and submit the
items as described in Appendix B (Regulatory Reporting Requirements), as SCE requests.
The CPUC reporting requirements may be amended from time to time, at which time SCE
will notify Implementer of the changes and issue a new Appendix B. Implementer will
implement these modifications in a timely manner and future invoice documentation will
reflect them.
Implementer acknowledges that SCE may, in its sole discretion,require Implementer to a
provide such other reports or documentation that SCE deems appropriate or necessary("Ad a
Hoc Reports"). Implementer will comply with any request for such Ad Hoc Report(s) in
within a reasonable time or, if applicable, within the time requested by SCE.
L
Deliverable(s) Due Date(s) w
Prepare and submit Monthly invoices and Monthly,by the 15th Calendar Day for "C)'
supporting documentation to SCE. Work completed the preceding Month
a.
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Prepare and submit Monthly regulatory report, Monthly,by the 15th Calendar Day for
including flat files and Monthly deliverable Work completed the preceding Month L
work sheet. t7
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Prepare and submit Quarterly regulatory reports Quarterly,by the 30t Calendar Day for
(Appendix B)to SCE Work completed the preceding quarter,
through October 31,2012 E
Prepare and submit Ad Hoc Reports As SCE requests and/or requires Q
Prepare and submit final invoice and Program By November 15,2012 for final invoice
Report to SCE and by October 31,2012 for final
Program Report
Task 8 - Ramp-Down and Shut-Down Program
A. Program Ramp-Down: The Implementer will provide SCE with a ramp-down plan for the
Program. To ensure complete Program shut-down,the Program ramp-down period will
commence no later than September 1, 2012. Implementer's plan for Program ramp-down
will take into consideration that all services must be completed by October 15, 2012.
Implementer will resolve all outstanding Program issues and begin preparation of the Final
Report beginning September 1,2012.
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
B. Program Shut-Down: Implementer will provide to the CPM a plan with procedures on
shutting down the Program.
All Program operations will be completely shut down after the last day of the Contract
effective period.
Deliverable(s) Due Date(s)
1. Submit detailed ramp-down and shut-down plans No later than September 1,2012
and schedules to CPM for review and approval
2. Resolve outstanding Program issues and begin No later than September 1,2012
preparation of Final Report
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3. Begin Program ramp-down No later than September 1,2012 a
4. Complete all services No later than October 15,2012 0
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Task 9- Submit Final Program Report Cn
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After Program shut-down and follow-up issues have been completed and resolved, the c
Implementer will submit a final report that reviews the Program's progress and w
accomplishment(the "Final Report"). At a minimum, the Final Report will cover:
A. Goal Attainment: Documentation that substantiates the Implementer's achievement of the o.
LL
objectives, Program Performance Indicators, and deliverables for the Contract.
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B. Program Achievement Discussion: Were the goals/objectives met? Were the Program c7
Performance Indicators achieved? Complete Program achievement for each Program v
Performance Indicator and deliverable indicating the measureable Program w
accomplishments.
C. Program Challenges: What were the significant obstacles that were overcome? r
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D. Lessons Learned: Could a Program of this scale have accomplished more?
E. Program Improvement Recommendations: What improvements could have been made
to help the Program be even more successful?
F. Program Next Step: Should the Program a)be mainstreamed,b) continued to be
developed or, c) ended.
Deliverable(s) Due Date(s)
1. Submit draft Final Report for SCE review No later than October 15,2013
and approval
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Of the Energy Efficiency Strategic Plan
2. Submit revised Final Report for SCE review The earlier of October 15,2012 or within 2
*%W and approval weeks of SCE comments
SECTION 6:PAYMENT
A. Payment Terms: The Implementer Budget will utilize 100%time and material based
payments("T&M payments"). Payment of the Implementer's budget will be based on
receipt by SCE of the deliverables set forth herein. T&M payments will be in
accordance with the Billing Rates set forth in Table 1,below and Appendix C (Billing
Schedule). All payments will be subject to the Contract and consistent with the budget
breakdown set forth herein. Payment will be based on meeting deliverables and due
dates set forth in Section 5 of this Statement of Work.
B. Implementer Budget Limit: Under no event will Implementer exceed the total amount a.
budgeted by SCE for this Contract of$513,600. a�
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Table 1: Implementer T&M Fully Burdened Hourly Billing Rate
a
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Fully Burdened a�
Hourly Rate for years w
2010-2012
% of Total
Implementer Job Function ($/Hour) Hours `-
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Senior Consulting Firm highest n/a
rate $175.00 cc
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Program Director/Oversight $145.00 3% cW>
Program Manager $125.00 18%
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Senior Engineer $125.00 10% U
Project Engineer $105.00 22% Q
Senior Analyst $95.00 18%
Project Analyst $70.00 24%
Admin $50.00 5%
Weighted Average Rate $98.85 100%
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Table 2: Implementer's Budget Breakdown
Allowable Cost Item° % $
1)Administration 9% $48,500
2)Marketing/Outreach Costs 13% $65,400
3)Direct Program Costs 78% $399,700
Total Implementer Budget: 1)+2)+3) 100% $513,600
SECTION 7:PERFORMANCE INDICATORS
SCE will, at a minimum,monitor the Work based on the following Program Performance R
CL
Indicators:
A. Progress made against the goals, deliverables, and due dates above; and
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B. Actual performance versus predicted performance as outlined herein.
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See Appendix B for more information regarding Allowable Costs
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Appendix A: Monthly Invoicing and Reporting Requirements
A. Requirements
Monthly hard copy invoices are required at the 15th Calendar Day of each Month for
Work completed the preceding Month with invoicing supporting files described herein.
These invoices and supporting documents are for Work performed by the Implementer
and all Subcontractors.
On November 15, 2012 or sooner, Implementer will submit a final invoice associated
with Program services that are tied directly to delivery of the Program deliverables.No
Work except that associated with preparing the Final Report(Task 8) and final invoice
will be performed after October 15, 2012. Subsequent invoices will only contain
expenses associated with closing out the Program (i.e., administration expenses, etc.)
that are not directly tied to delivery of the Program goals.
B. Procedures a.
1. Implementer uploads their Customer flat files into the IR Tool. The IR Tool creates d
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a draft invoice for Implementer's review.
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2. CPM reviews the draft invoice and advises the Implementer to re-submit their i
invoice if requested. Implementer is required to submit the following files to SCE w
by the 15th Calendar Day of each Month with each of their invoice submission: o
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Q • Invoice—Hard Copy and electronic copy uploaded into the IR Tool;
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• Program Tracking Flat File—Uploaded electronically into the IR Tool; LL
• Financial Flat File—Uploaded electronically into the IR Tool;
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• Monthly Narrative - Hard Copy with invoice submission; v
• Deliverable Table—Uploaded electronically. r
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• Allowable Cost Table (see Appendix B)—Hard Copy with invoice submission; E
and w
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Supporting documentation—Uploaded electronically into the IR Tool. Q
3. Upon approval by CPM,the invoice is paid.
C. Monthly Narrative
The Monthly narrative will include a discussion on the following Program activities
occurring during the Month:
• Administrative activities;
• Marketing activities;
• Direct Implementation activities;
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• Implementer's assessment of Program performance and Program status (is the
Program on target, exceeding expectations, or falling short of expectations,
etc.);
• Discussion of changes in Program emphasis (new Program elements,less or
more emphasis on a particular delivery strategy, Program elements
discontinued, Measure discontinued, etc.);
• Discussion of near term plans for Program over the coming Months (i.e.,
marketing and outreach efforts that are expected to significantly increase
Program participation, etc.);
• Changes to staffing and staff responsibilities, if any;
• Changes to contacts, if any;
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• Changes to Subcontractors and Subcontractor responsibilities, if any; and 2
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• Number of Program complaints received.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Appendix B: Regulatory Reporting Requirements
1. Program Reporting
Implementer will provide SCE with the requisite information on the prior Month's
activities, accomplishments and expenditures related to its respective Work
obligations, for purposes of preparing any reports required of SCE by the CPUC
including Quarterly and Annual Reports. Requirements for these reports may change
per the direction of the CPUC or the CPUC's Energy Division. The current reporting
requirements are as follows:
2. Quarterly Report
Implementer will provide SCE with the requisite information to be compiled for the
quarterly portfolio reporting.
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2.1. Expenditures for the Program per cost; Section 4, below contains a list of
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allowable costs.
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• Marketing/Advertising/Outreach Costs
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2.2. Program Narratives—For the Program, a description of the Program activities
occurring during the quarter. E
a. Administrative activities
b. Marketing activities
c. Direct Implementation activities
d. Implementer's assessment of Program performance and Program
status (is the Program on target, exceeding expectations, or falling
short of expectations, etc.)
e. Discussion of changes in Program emphasis (new Program
elements, less or more emphasis on a particular delivery strategy,
Program elements discontinued, Measure discontinued, etc.)
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
f. Discussion of near term plans for Program over the coming
Months (i.e., marketing and outreach efforts that are expected to
significantly increase Program participation, etc.)
g. Changes to staffing and staff responsibilities, if any
h. Changes to contacts, if any
i. Changes to Subcontractors and Subcontractor responsibilities, if
any
j. Number of Program complaints received
2.3. Implementer will provide additional data or information as required by the
CPUC. 2
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
3. Annual Reports
Implementer will provide SCE with the requisite information to be compiled for the
annually portfolio reporting.
3.1. Expenditures for the Program per cost; Section 4,below contains a list of
allowable costs.
a. CPUC authorized budget
b. Operating Budget
c. Total Expenditures
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a. Administrative activities
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discontinued, etc.)
f. Discussion of near term plans for Program over the coming Months (i.e.,
marketing and outreach efforts that are expected to significantly increase
Program participation, etc.)
g. Changes to staffing and staff responsibilities, if any
h. Changes to contacts, if any
i. Changes to Subcontractors and Subcontractor responsibilities, if any
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RFP F-1?-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
j. Number of Program complaints received
3.3. Implementer will provide additional data or information as required by the
CPUC.
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
4. Allowable Costs
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for
ratepayer-funded energy efficiency work.The costs reported should be only for costs actually
expended.Any financial commitments are to be categorized as commitments.If the reporting entity
does not have a cost as listed on the cost reporting sheet,then no cost is to be reported for that item.
These Allowable Cost elements are to be used whenever costs are invoiced or reported to the CPM.
If there is a desire to include additional Allowable Cost elements,the CPM should be contacted in
order to seek approval from the CPUC.
3/30/2006
Cost Categories Allowable Costs
Administrative Cost Category
Managerial and Clerical Labor
Implementer Labor-Clerical
Implementer Labor-Program Design _cc
Implementer Labor-Program Development a.
Implementer Labor-Program Planning 0
Implementer Labor-Program/Project Management
Implementer Labor-Staff Management cn
Implementer Labor-Staff Supervision
Human Resource Support and Development
Implementer Labor-Human Resources w
Implementer Labor-Staff Development and Trainingc
Implementer Benefits-Administrative Labor
Implementer Benefits-Direct Implementation Labor
Implementer Benefits-Marketing/Advertising/Outreach a-
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Labor
Implementer Payroll Tax-Administrative Labor
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Implementer Payroll Tax-Direct Implementation Labor
Implementer Payroll Tax-Marketing/Advertising/Outreach W
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Labor
Implementer Pension-Administrative Labor
Implementer Pension-Direct Implementation Labor E
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Implementer Pension-Marketing/Advertising/Outreach s
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Labor
Travel and Conference Fees a
Implementer-Conference Fees
Implementer Labor-Conference Attendance
Implementer-Travel-Airfare
Implementer-Travel-Lodging
Implementer-Travel-Meals
Implementer-Travel-Mileage
Implementer-Travel-Parkin
Implementer-Travel-Per Diem for Misc.Expenses
Overhead(General and Administrative)-Labor and
Materials
Implementer Equipment Communications
Implementer Equipment Com uting
Implementer Equipment Document Reproduction
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RFP F-12-01
Consulting Services tr the irripternentation
Of the Energy Efficiency Strategic Plan
Implementer Equipment General Office
Implementer Equipment Trans ortation
Implementer Food Service
Implementer Office Supplies
Implementer Postage
Implementer Labor-Accounting Support
Implementer Labor-Accounts Payable
Implementer Labor-Accounts Receivable
Implementer Labor-Facilities Maintenance
Implementer Labor-Materials Management
Implementer Labor-Procurement
Implementer Labor-Shop Services
Implementer Labor-Administrative
Implementer Labor-Transportation Services
Implementer Labor-Automated Systems
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Implementer Labor-Communications
Implementer Labor-Information Technology
Implementer Labor-Telecommunications
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Marketing/Advertising/Outreach Cost Category R
Implementer-Bill Inserts can
Implementer-Brochures
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Implementer-Door Hangers ai
Implementer-Print Advertisements w
Implementer-Radio Spots o
Implementer-Television Spots r
Implementer-Website Development
Implementer Labor-Marketing
Implementer Labor-Media Production
Implementer Labor-Business Outreach c
Implementer Labor-Customer Outreach
Implementer Labor-Customer Relations w
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Direct Implementation Cost Cate o ry N
Financial Incentives to Customers
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Activity-Direct Labor E
Implementer Labor-Facilities Audits
Implementer Labor-Curriculum Development r
Implementer Labor-Customer Education and TrainingQ
Implementer Labor-Customer Equipment Testing and
Diagnostics
Installation and Service-Labor
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Implementer Labor-Customer Equipment Repair and
Servicing
Implementer Labor-Customer Equipment Repair and
Servicing
Direct Implementation Hardware and Materials
Implementer-Direct Implementation Literature
Implementer-Education Materials
Implementer-Energy Measurement Tools
Implementer-Installation Hardware
Implementer-Audit Applications and Forms a-
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Rebate Processing and Inspection-Labor and Materials R
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Implementer Labor-Field Verification
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Implementer-Rebate Applications
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RFP F-12-01
Consulting
Of the Energy Efficiency Strategic Plan
APPENDIX C
Billing Schedule
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RFP F-1?-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Appendix C-Billing Table _
Subcontractor
Instructions:Please fill in items in yellow.
Implementer Costs Costs
Sub- Labor& Total Program"
Task Labor Expenses Expenses Cost
Task 1-Program Ramp-up Included in Task 2 through Task 6
Task 1(Not4o-Exceed Budget)
Task 2-Strategic Plan Goal 1
A.Develop On-line Permitting Process 1.1.5
A.1 Report on Status of Implementer or Subcontractor to Support the Task $5,000 $7,000
A.2 lAssessment and Planning Report for the On-Line Permitting System $2.000 $5,000 $7,000
A.3 Assessment and Planning Report for the Development of a Program That Encourages $2,000 $5,000 $7,000
Energy Efficiency
AA Review Documents Developed During Program Implementation $2,000 $5,000 $7,000
A.5 Monthly Reports on Outreach and Education Efforts $2,000 $10,000 $12,000
A.6 Plan for Sharing Lessons Learned/Best Practices with Other Local Governments. $2,000 $10,000 $12,000
A.7 Submit Program that Promotes Energy Efficiency to City Council for Adoption $2,000 $161,900 $163,900
A.8 Monthly reports oftracked Performance Indicators $1,000 $5,000 $6,000
Task 2(Not-to-Exceed Budget) $15,000 $45,000 $161,900 $221,9W
Task 3-Strategic Plan Goal 3
A.Develop and Delivor Stakeholder Education Program 1.1.6
A.1 Report on Status of Implementer or Subcontractor to Support the Task L,000 $10,000
A.2 Assessment and Planning Report for Hosting a Regional Energy Efficiency Summit $10,000 $10.000
A.3 Energy Efficiency Summit Implementation $18,800 $18,800
A.4 Assess Value and Benefits of the Energy Efficiency Summit $10,000 $10,000
A.5 Plan for Sharing Lessons Learned/Best Practices With Other Local Governments $10,000 $10,000
A.6 Deliver Monthly reports from tracking system $10,000 $10,000 Q.
Task 3(Not-to-Exceed Budget) $0 $0 $68,800 $68,800 U
Task 4-Strategic PIanGoal 3 a�.r
A.Dewlap and Adopt Energy Benchmarking Policy 3.1.1
A.1 Report on Status of Implementer or Subcontractor to Support the Task $10,000 $10,000 L.
A.2 Assessment and Planning Report for Hosting a Regional Energy Efficiency Summit $10,000 $10,000 co
A.3 Energy Efficiency Summit Implementation $10,000 $10,000
A.4 Assess Value and Benefits ofthe Energy Efficiency Summit $10,000 $10,000
A.5 Plan for Sharing Lessons Learned/Best Practices With Other Local Governments $10,000 $10,000 >_
A.6 Deliver Monthly reports from tracking system $5,450 $5,450
- Task 4 Not-to-Exceed Budget $0 $0 $55,450 $55,450 W
Task 5-Strategic Plan Goal 3
A.Implement Enterprises Utility Manager Software for Municipal Buildings 3.1.2
A.1 Report on status of Implementer or Subcontractor to support the Task $0 v-
A.2 EEMIS planning report $1,000 $1,000 v
A.3 Procurement of EEMIS $110,000 $110,000
A.4 Report on EEMIS Installation $800 $500 ♦1
A.5 Report of Utility Manager Training and Maintenance activities $500 $500 LL
A.6 Report on actions taken resulting from the benchmarking analysis. $500 $500
A.7 Monthly status report 51,530 $1,530
Task 5(Not-to-Exceed Budget) $o $0 $114,030. $114,030 r
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Task 6-Strategic Plan Goal-3
A.Develop Retrocommissiong(RCx)Policy 3.2.4
A.1 Report on status of Implementer or Subcontractor to support the Task 1 $6,000___l $6,000 Uj
A.2 RCx policy outline $15,000 $15,000 V
A.3 Draft RCx policy $15,000 $15,000 0)
A.4 Final RCx policy $15,000 1 $15,000 r
A.5 Monthly status report $2,420 $2,420 =
Task6 Not-to-Exceed Budget $0 $0 1 $53,420 $53,420 y
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Task 7-Invoicing and Reporting Included in Task 2 through Task 6
Task 7(Not-to-Exceed Budget)
Task 8-Ramp-Down and Shut-Down Program Included in Task 2 through Task 6 Y
Task 8(Not-to-Exceed Budget) Q
Task 9-Submit Final Program Report - Included in Task 2 through Task 6
Task 9(Not-to-Exceed Budget)
Grand Total(All Tasks) All $15,000 1 $45.000 1 $453,600 $513,600
Notes:
1) Labor:Consultant shall invoice SCE at the fixed hourly rates for the applicable labor categories stated in the Purchase Order for time spent directly engaged in
performance of the Work by Consultant's employees.Such fixed hourly rates shall be inclusive of all of Consultant's overhead costs(including all taxes and
insurance),administrative and general fees,and profit.
2) Expenses:All reimbursable expenses shall be authorized by SCE in writing prior to the expenditure.Any expenses not so approved by SCE shall not be reimbursed.
All expenses shall be charged at cost,without mark-up,and shall be necessary,reasonable and ordinary.
a)Material Costs: Material costs shall be substantiated with an invoice stating the unit price,quantity,and other information as required to identify the Work.
b)Subcontract Labor Costs: Subcontracted Work shall be charged at the hourly rates actually paid by Consultant,not to exceed the houdy rates set forth in the
Purchase Order for Work by the Consultant.Consultant shall provide Subcontractor invoices for any Consultant invoice that includes Subcontractor costs.
c)Out-of Pocket expenses: Miscellaneous costs such as telephone communications,routine copying,electronic mail,facsimiles,computer time and in-house
d)Travel Costs:Approved air travel costs shall in no case exceed economy or coach fare,whichever is reasonably available.Automobile travel from Consultant's
office to the Jobsite and to SCE's general offices shall be paid at the fixed mileage rate stated in the Purchase Order,or if not stated,at SCE's rate for SCE
employees.
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Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
SECTION III.
BID CONTENT AND FORMS
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiencv Strategic Plan
Are there any other additional or incidental costs that will be required by your firm
in order to meet the requirements of the Proposal Specifications? Yes / No
(circle one). If you answered "Yes", please provide detail of said additional costs:
Please indicate any elements of the Proposal Specifications that cannot be met
by your firm.
Have you included in your proposal all informational items and forms as
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requested? Yes / No (circle one). If you answered "No", please explain:
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This offer shall remain firm for 90 days from RFP close date.
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Terms and conditions as set forth in this RFP apply to this proposal.
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Cash discount allowable % days; unless otherwise stated, payment
terms are: Net thirty (30) days. U_
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In signing this proposal, Offeror(s) warrants that all certifications and documents
requested herein are attached and properly completed and signed.
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From time to time, the City may issue one or more addenda to this RFP. Below,
please indicate all Addenda to this RFP received by your firm, and the date said E
Addenda was/were received.
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Verification of Addenda Received a
Addenda No: Received on:
Addenda No: Received on:
Addenda No: Received on:
FIRM NAME:
ADDRESS-
Phone:
Email:
II Fax:
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RFP F-1?-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Authorized Signature:
Print Name:
Title:
IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW:
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will
hereinafter state the subcontractor who will be the subcontractor on the job for
each particular trade or subdivision of the work in an amount in excess of one-
half of one percent of the General Contractor's total bid and will state the firm
name and principal location of the mill, shop, or office of each. If a General
Contractor fails to specify a subcontractor, or if he specifies more than one
subcontractor for the same portion of work to be performed under the contract in
excess of one-half of one percent, he agrees that he is fully qualified to perform
that portion himself and that he shall perform that portion himself.
DIVISION OF NAME OF FIRM OR LOCATION
WORK OR CONTRACTOR CITY
TRADE
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REJECTION OF BIDS
The undersigned agrees that the City of San Bernardino reserves the right to
reject any or all bids, and reserves the right to waive informalities in a bid or bids
not affected by law, if to do seems to best serve the public interest.
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REP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free
competitive proposal in connection with RFP F-12-01.
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Subscribed and sworn before me this day of , 20_.
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Notary Public in and for the County of ,State of California.
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My commission expires 20
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
SECTION V.
GENERAL SPECIFICATIONS
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
V. GENERAL SPECIFICATIONS
1. Each proposal shall be in accordance with Request for Proposal (RFP)
Number RFP F-12-01. All specifications are minimum. Offeror(s) are
expected to meet or exceed these specifications as written. Offeror(s) shall
attach to their proposal a complete detailed itemization and explanation for
each and every deviation or variation from the RFP specifications and
requirements. Conditional Proposals, or those that take exception to the RFP
specifications and requirements, may be considered non-responsive and may
be rejected.
2. The City reserves the right to accept or reject any and all Proposals and to
award a contract to the Offeror(s) whom best meets the City's requirements.
This may include waiver of minor irregularities or discrepancies, or
nonconformity to specifications in appropriate circumstances. Purchase shall
be on a best buy basis after due consideration of all relevant factors, including a
but not limited to, workmanship, accessibility of parts and service, known M
evidence of manufacturer's responsibility and record, durability and known
operational record of product and suitability as well as conformity to City
needs and requirements. In all cases the best interest of the City shall prevail L
in all contract awards. c
s. The City of San Bernardino reserves the right to purchase more or less than w
the quantities specified at unit prices proposal. M
4. Proposals shall be firm offers, subject to acceptance or rejection within 90
days minimum of the opening thereof.
5. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable
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manufacturer or dealer of such items as submitted for proposal consideration.
6. All materials, workmanship and finish entering into the construction of the c�
equipment must be of the best of these respective kinds and must conform to
the character of the equipment and the service for which it is intended to be �?
used and shall be produced by use of the current manufacturing processes.
"Seconds", factory rejects, and substandard goods are not acceptable. E
7. Each Offeror(s) shall submit with their proposal a copy of the proposed
product specifications, complete detailed drawings, and other descriptive a
matter in sufficient detail to clearly describe the equipment, materials and
parts offered.
s. Manufacturer and/or Contractor shall defend any and all suits and assume all
liability for any and all claims made against the City of San Bernardino or any
of its officials or agents for the use of any patented process, device or article
forming a part of equipment or any item furnished under the contract.
9. Each Offeror(s) must state in their proposal the guaranteed delivery date of
product and/or services in number of calendar days from the date of contract
execution by the City of San Bernardino, time is of the essence relative to this
contract. Contractor shall prosecute the work continuously and diligently and
shall deliver the items at the earliest possible date following the award of the
contract.
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RFP F-1?-01
Consultina Services for the Implementation
Of the Energy Efficiency Strategic Plan
1o. Each Offeror(s) shall list in their proposal all factory, manufacturer's and/or
dealer's warranty and/or guarantee coverage and shall submit such written
documents evidencing the same attached to the proposal.
11. Successful Offeror(s) (Contractor) shall furnish and deliver to the City
complete equipment as proposed and awarded, ready for installation and fully
equipped as detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall
be fully prepaid), and shall include all discounts. Proposal shall include
California sales tax, where applicable, (effective July 1, 2011) computed at
the rate of 8%, this will normally be shown as a separate line item on the price
form.
13. City shall make payment within thirty (30) days after the complete delivery
and acceptance of the specified items by the City of San Bernardino and
receipt of the Contractor's priced invoice.
14. All "standard equipment" is included in any proposal. OFFEROR(S) furnishing
Proposals under these specifications shall supply all items advertised as L
"standard" equipment even if such items are not stipulated in the
specifications, unless otherwise clearly excepted in the proposal. L
15. The items which the Offeror(s) proposes to furnish the City must comply in all in
respects with the appropriate safety regulations of all regulatory commissions CD
of the Federal Government and the State of California, whether such safety =
features and/or items have been specifically outlined in these specifications or `"
not. M
16. Contractor delivering equipment pursuant to these RFP specifications shall
guarantee that equipment meets specifications as set forth herein. If it is
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found that equipment delivered does not meet requirements of these
specifications the Contractor shall be required to correct the same at their
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own expense.
17. By submitting a proposal, each Offeror(s) agrees that in the event complete LU
delivery is not made within the time or times set forth pursuant to this co
specification, damage will be sustained by the City, and that it is, and will be
impractical and extremely difficult to, ascertain the actual damage which the E
City will sustain in the event of and by reason of such delay.
18. In case the delivery of the items under this contract is delayed due to strikes, a
injunctions, government controls, or by reason of any cause or circumstance
beyond the control of the Contractor, the time for delivery may be extended
(in the City's sole discretion) by a number of days to be determined in each
instance by mutual written agreement between the Contractor and the
Purchasing Division of the City of San Bernardino. The City shall not
unreasonably refuse such extension.
,
19. Contract. Each proposal shall be submitted and received with the
understanding that acceptance by the City of San Bernardino of proposal in
response to this solicitation shall constitute a contract between the Contractor
and the City. This shall bind the Contractor to furnish and deliver at the prices
3
proposed and in complete accordance with all provisions of RFP F-12-01. In
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RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
most cases the basis of award will be the City's standard purchase order that
may or may not incorporate this solicitation by reference.
20. Prohibited interest. No member, officer, or employee of the City or of any
agency of the City during his tenure or for one year thereafter shall have any
interest, direct or indirect in this contract or the proceeds thereof.
Furthermore, the parties hereto covenant and agree that to their knowledge
no board member, officer or employee of the City has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in
the business of the contracting party other than the City, and that if any such
interest comes to the knowledge of either party at any time, a full and
complete disclosure of all such information will be made in writing to the other
party or parties, even if such interest would not be considered a conflict of
interest under Article 4(commencing with Section 1090) or Article 4.6
(commencing with Section 1120) of Division 4 of Title I of the Government
Code of the State of California.
21. One Document. These specifications, the Request for Proposal, RFP F-12-
01, the Contractor's proposal, any written agreement executed by the parties,
the purchase order and all documents referred to in the complete
specifications and purchase order, and all written modifications of said
documents shall be construed together as one document. Anything called for a
in any one of said documents shall be deemed to be required equally as if =
called for in all. Anything necessary to complete the work properly shall be ``�
performed by the contractor, whether specifically set out in the contract or not. M
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All sections of the specifications shall be read as constituting a whole and not
as an aggregation of individual parts, and whatever is specified in one section
shall be construed as applying to all sections.
22. The City of San Bernardino reserves the right to accept or reject any and all
Proposals.
23. Prompt payment. Each Offeror(s) may stipulate in their proposal a percentage W
prompt payment discount to be taken by the City in the event the City makes to
payment to the Contractor within ten (10) working days of receipt of material
and approval of invoice. For the purpose of this provision, payment is =
deemed to be made on the date of mailing of the City check. NOTE: prompt
payment discounts will only be used during proposal evaluation in the Q
case of ties.
24. Inquiries. Technical questions may be sent via fax to 909-384-5043, or email:
morrow_de @sbcity.org. The answers to material questions will be provided in
writing by Addendum(s) to all potential Offeror(s) by a posting to the City's
website.
25. Proposal/Fee Schedules. No proposal will be acceptable unless fees/prices
are submitted on the pricing forms furnished by the contractor h , and all
required forms are completed and included with proposal. Deliver all
Proposals, SIGNED and SEALED, to the Purchasing Division, Finance
Department at 300 North "D" Street, 4t" Floor, City Hall, San Bernardino,
California 92418. CLEARLY MARK THE RFP SPECIFICATION TITLE:
67
Packet Pg.402
RFP F-12-01
Consulting Services for the Implementation
Of the Energy Efficiency Strategic Plan
Consulting Services for the Implementation of the Energy Efficiency
Strategic Plan and RFP F-12-01 ON THE OUTSIDE OF THE ENVELOPE.
26. Time. All Proposals must be received in the Purchasing Division no later
than 3:00 PM, PST, AUGUST 25, 2011, where at such time and said place
Proposals will be publicly opened, examined and declared. Any proposal may
be withdrawn by Offeror(s) prior to the above scheduled time for the opening
of Proposals. Any proposal received after that time and date specified shall
NOT be considered.
27. The City of San Bernardino reserves the right at its own discretion to award
separate contracts for each category, or to award multiple contracts, or to
award one contract for furnishing and delivering of all equipment and/or
services in all categories.
28. Equipment. In the purchase of equipment, Contractor shall be required to
furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all
equipment proposals. R
29. In submitting a proposal to a public purchasing body, the Offeror(s) offers and
agrees that if the proposal is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act
(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the a
Business and Professions Code), arising from purchases of goods, materials,
or services by the Offeror(s) for sale to the purchasing body pursuant to the `"
proposal. Such assignment shall be made and become effective at the time M
the purchasing body tenders final payment to the Offeror(s).
30. Contractor shall indemnify, defend and hold City, its officers, employees and a.
agents harmless from any claim, demand, liability, suit, judgment or expense
(including, without limitation, reasonable costs of defense) arising out of or
related to Contractor's performance of this agreement, except that such duty
to indemnify, defend and hold harmless shall not apply where injury to person LU
or property is caused by City's willful misconduct or sole negligence. The to
costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as E
"attorney's fees" for the purposes of this paragraph.
31. While not restricting or limiting the foregoing, during the term of this a
Agreement, Contractor shall maintain in effect policies of comprehensive
public, general, and automobile liability insurance, in the amount of
$1,000,000 combined single limit, and statutory worker's compensation
coverage, and shall file copies of said policies with the City's Risk Division
prior to undertaking any work under this Agreement. The policies shall name
the City as an additional insured and shall provide for ten- (10) day
notification to�the
City iifn said
r-policies are terminated or materially altered.
32. FA l T LJ�rrn a rr9 Thin Q +
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RFP F-1?-01
Consulting Services for the hnplementation
Of the Energy Efficiency Strategic Plan
shall have a rating in Best's most
recent insurance guide of "A" or better.
33. Written contract documents, duly authorized and signed by the appropriate
authority, constitute the complete and entire agreement(s) that may result
from the RFP.
34. City may, at its discretion, exercise option year renewals for up to three (3)
years, in one-year increments.
35. By submitting a proposal, Offeror(s) warrants that any and all licenses and/or
certifications required by law, statute, code or ordinance in performing under
the scope and specifications of this RFP are currently held by Offeror(s), and
are valid and in full force and effect. Copies or legitimate proof of such
licensure and/or certification shall be included in Offeror(s)'s response.
Proposals lacking copies and/or proof of said licenses and/or
certifications may be deemed non-responsive and may be rejected.
36. Once the award has been made and prior to the commencement of the job, a
the City's Municipal Code (M.C. 5.04.005) requires that a Business doing
business with the City, obtain and maintain a valid City Business Registration
Certificate during the term of the Agreement. N
37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed aLTs
vendor/Consultant service agreement may be required between both parties
prior to commencement of the job.
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RFP F-12-01
Addendum 1
Consulting Services for the
Implementation of the Energy
Efficiency Strategic Plan
CITY OF
San BernarAno-,
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August 17, 2011 0
ADDENDUM #1
TO Cn
Request for Proposal (RFP) F-12-01 L
Consulting Services for the Implementation c
of the Energy Efficiency Strategic Plan `"
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Notice is hereby given that the following corrections, changes, additions, deletions, or
clarifications are incorporated as an Addendum to the Request for Proposal (RFP) F-12-
01.
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1. Page 13: change Proposal Deadline from August 18, 2011 to: August 25, 2011
at or before 3:00 p.m., and change Evaluate Proposals from August 22, 2011 to
August 25 -29, 2011. L
2. Page 18, #4 CONTRACTOR NON-COMPLIANCE Section A & B: change from
"Public Services Department Director" to: "Director of Public Works."
3. Page 68, Section #32:"Faithful Performance Bond" is Not Required (removing
strikethrough). The remaining verbiage in the paragraph "shall have a rating in
Best's most recent insurance guide of"A" or "better" will be struck through. a
4. Are there any considerations for extending the deadline past August 25, 2011?
ANSWER: The City is not considering an extension beyond 08/25/11.
5. Under Consultant Selection Process/Selection Criteria on page 14 of the RFP,
the following three Scoring Criteria do not have points assigned to them. How
will these three Criteria be scored?
- Consultant shall submit the names, project, and client contact information and
of three recent projects which includes similar type projects were designed,
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Packet Pg. 405
S.U.c
RFP F-12-01
Addendum I
Consulting Services for the
Implementation of the Energy
Efficiency Strategic Plan
including the Consultant names and contact information who managed these
projects
Project team qualifications, experience, and strengths on projects of this
Nature
- Consultant's available resources for this project
ANSWER: The Scoring Criteria remains unchanged. Maximum number of
possible points: 100, see page 14 and below.
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Scoring Criteria Points Possible 0
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Fee Proposal 10! v,
Responsiveness to the RFP and overall clarity of the proposal. 15
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Consultant shaIl submit the names,project, and client contact W
information and of three recent projects which includes similar type M
projects were designed, including the Consultant names and contact
information who managed these projects T
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Understanding of key issues involved in successfully implementing 35 a
energy efficiency strategic plans
Project team qualifications, experience, and strengths on projects
of this nature W
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Consultant and sub-consultant experience on similar projects 25
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A high level of commitment to quality and timely performance on 15 a
past similar projects
Consultant's available resources for this project
TOTAL POSSIBLE POINTS 100
Sincerely,
Deborah R. Morrow, C.P.M., MPA
Finance Department
Purchasing Division
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Packet Pg.406
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EXHIBIT A
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of November2011,
by and between Willdan ("VENDOR") and the City of San Bernardino ("CITY" or"San
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Bernardino").
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is L
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advantageous and in the best interest of the CITY to contract for Professional Consulting w
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Services for the Implementation of the City's Energy Efficiency Strategic Plan.; and
WHEREAS, the City of San Bernardino did solicit and accept bids from o
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available vendors for Professional Consulting Services for the Implementation of the
City's Energy Efficiency Strategic Plan per RFQ F-12-01; and,
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WHEREAS, Willdan is the lowest qualified bidder to provide said services to Q
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City;
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NOW, THEREFORE, the parties hereto agree as follows: c
I. SCOPE OF SERVICES. >
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For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide those products and services as set forth in RFQ F-12-01 and
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Addendum, a copy of which is on file in the Public Works Department and a copy of the s
Bid Summary Sheet. This contract shall not exceed $291,700 and billing shall be a
monthly and shall correspond to the table in the RFP.
2. COMPENSATION AND EXPENSES.
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Packet Pg.407
a. For the services delineated above,the CITY,upon presentation of an invoice,
the VENDOR in compliance with Billing Table listed in the RFP for Professional
Consulting Services for the Implementation of the City's Energy Efficiency Strategic
Plan for FY 2011-12 and FY 2012-13. The City retains the right to withhold 10%of the
fee proposal amount upon receiving and mutually agreeing on the Final Report and
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services thereof.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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3. TERM; TERMINATION.
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The term of this Agreement shall be from October 17,2011 through June 30, M
2013. This Agreement may be terminated at any time by thirty(30) days' written notice
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by either party for any reason. The terms of this Agreement shall remain in force unless
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amended by written agreement of the parties executed on or before the date of expiration
of the current term of the Agreement.
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4. CONTRACTOR NON-COMPLIANCE a
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A. If the Director of Public Works, or his designee, determines that there are T
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deficiencies in the performance of this Agreement, the Director of Public
Works, or his designee, will provide a written notice to the vendor stating the Q
deficiencies and specifying a time frame to correct the specified deficiencies. w
This time frame shall be reasonable, as determined by the Director of Public
Works, or his designee,to correct the specified deficiencies.
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B. Should the VENDOR fail to correct any deficiencies within the stated time
frame, the Director of Public Works, or designee, may exercise the following
measures:
Page 2
Packet Pg. 408
1. Deduct from the VENDOR'S payment the amount necessary to correct the
deficiency, including City overhead costs and impose a deficiency deduction.
2. Withhold the entire or partial payment.
3. Terminate the contract and award to second bidder. c
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4. INDEMNITY. d
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Vendor shall defend, indemnify, and hold harmless the City, its officers, N
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employees and agents from any claims, demands, lawsuits, liabilities,judgments, or w
expenses, including attorney's fees, damage to property or injuries to or death of any
person or persons or damages of any nature including,but not limited to, all civil claims
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or workers' compensation claims, to the extent arising out of,pertaining to, or related to
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the negligence, recklessness, or willful misconduct of Vendor, its employees, agents or
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subcontractors in the performance of this Agreement, except that such duty to defend, L
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indemnify, and hold harmless shall not apply to the extent where injury to person or
property is caused by City's negligence,recklessness or willful misconduct. Vendor (n
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hereby waives any and all rights to any types of express or implied indemnity from the
City, its elected officials, employees, agents or representatives,with respect to third party a
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claims against the Vendor relating to or in any way connected with the accomplishment x
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of the work or performance of services under this Agreement.
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5. INSURANCE. o
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While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and
automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and
Page 3
Packet Pg.409
statutory worker's compensation coverage, and shall file copies of said policies with the
CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall
be set forth as an additional named insured in each policy of insurance provided
hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to
notify CITY of any change or termination in the policy 30 days' notice prior to any
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change or termination of policy.
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6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of w
employees,VENDOR shall not engage in,nor permit its officers, employees or agents to co
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engage in, discrimination in employment of persons because of their race,religion, color,
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national origin, ancestry, age, mental or physical disability,medical conditions, marital
status, sexual gender or sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement,but for all
intents and purposes VENDOR shall be an independent contractor and not an agent or N
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employee of the CITY. VENDOR shall secure, at its expense, and be responsible for
any and all payment of Income Tax, Social Security, State Disability Insurance Q
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Compensation,Unemployment Compensation, and other payroll deductions for x
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VENDOR and its officers, agents, and employees, and all business licenses, if any are
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required, in connection with the services to be performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER
REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business
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registration certificate pursuant to Chapter 5 of the Municipal Code, and any other
licenses,permits, qualifications, insurance and approval of whatever nature that are
legally required of VENDOR to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the
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United States Postal Service,postage prepaid and addressed as follows: 0
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TO THE CITY: Public Works Director N
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300 North"D" Street c
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San Bernardino, CA 92418
Telephone: (909) 384-5140
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TO THE VENDOR: Willdan .:
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650 E. Hospitality Lane, Suite 400
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San Bernardino, CA 92408-3317 d
Telephone: (909) 386-0200
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9. ATTORNEYS' FEES. a
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In the event that litigation is brought by any party in connection with this
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Agreement, the prevailing party shall be entitled to recover from the opposing party all
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costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party
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in the exercise of any of its rights or remedies hereunder or the enforcement of any of the
terms, conditions or provisions hereof. The costs, salary and expenses of the City
Attorney and members of his office, and/or any retained counsel, shall be considered as
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"attorneys' fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY'S
prior written consent. Any attempted assignment, transfer, subletting or encumbrance 2
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shall be void and shall constitute a breach of this Agreement and cause for the
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termination of this Agreement. Regardless of CITY'S consent, no subletting or Cn
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assignment shall release VENDOR of VENDOR's obligation to perform all other w
obligations to be performed by VENDOR hereunder for the term of this Agreement.
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11. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with
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this Agreement shall be tried and litigated either in the State courts located in the County
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of San Bernardino, State of California or the U.S. District Court for the Central District
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of California, Eastern Division. The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
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12. GOVERNING LAW. c
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This Agreement shall be governed by the laws of the State of California. a
13. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this
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Agreement and their respective heirs, representatives, successors, and assigns.
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14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
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provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
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offending provision in any other circumstance, and the remaining provisions of this
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16. ENTIRE AGREEMENT; MODIFICATION. w
This Agreement constitutes the entire agreement and the understanding between
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the parties, and supersedes any prior agreements and understandings relating to the
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VENDOR WILLDAN
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day o.
and date set forth below. a,
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Dated: 12011
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Dated 12011 CITY OF SAN BERNARDINO
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Charles E. McNeely, City Manager a
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James F. Penman, City Attorney Q
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