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HomeMy WebLinkAbout05.U- Public Works NowI i i 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 Packet Pg. 332 1130 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: 5 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 Packet Pg. 333 5.U.a 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. 6 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 U 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 Q 15 r_ incorporated herein by this reference as fully as though set forth at length. w 16 ° M 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_, c 0 19 exceed$291,642.00. .N A d 20 SECTION 3. The Purchase Order shall reference this Resolution Number and c 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) 23 terms and conditions of the agreement. 24 SECTION 4. The authorization to execute the above referenced Purchase Order E 25 v R 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. 28 Packet Pg. 334 S.U.a 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. 5 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: 10 c co 11 a Council Members: AYES NAYS ABSTAIN ABSENT V 12 d MARQUEZ a 13 N 14 JENKINS L 15 BRINKER W 16 SHORETT r 17 KELLEY 18 JOHNSON a 19 MCCAMMACK >CD 20 x c 21 0 22 Rachel G.Clark,City Clerk 23 LY The foregoing resolution is hereby approved this day of c ;i 24 ,2011. 25 v 26 Patrick J.Morris,Mayor Q City of San Bernardino 27 Approved as to Form: 28 BY: James F.Penman,City Attorney Packet Pg. 335 5.U.b San Bernardi HO M 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 EL of the Energy Efficiency Strategic Plan CD Parties interested in obtaining a complete copy of this RFP F-12-01 may do so by w 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 0 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. c� Closing Date: Proposals must be submitted at or before 3:00 PM, PST, August 25, 2011, at the address listed above. Y 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 I Packet Pg. 336 5.u.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan SECTION I. INSTRUCTIONS TO OFFEROR(S) CL 2 as w. L W L d _ W M a ca /L^ V ` W U N _ m v m w Q Packet Pg. 337 i i 5.U.b RFP F-12-01 f 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 c ❑ Project Team Qualifications, Experiences and Strengths on Projects of this Nature a ❑ Statement of Disclosure a �a L ❑ One (1) Signed Original of Proposal & Fees and Four (4) copies of Proposal in a SEALED envelope L as ❑ Authorized Binding Signature(s) (City Form) w 0 F-1 Verifications of Addenda Received (City Form) iv Forms a ❑ Non-Collusion Affidavit (City Form) IV Forms U_ F-1 Listing of Proposed Subcontractor (City Form) IV Forms L C7 F1 90 Day Minimum Proposal Validity Statement III Additional Requirements,VI General Specifcations#4 V rn ❑ 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. 3 Packet Pg. 338 5.U.b 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 a� C. Addenda = W 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. r c D. Clarifications E U 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 4 Packet Pg. 339 S.U.b 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. a C. Inquiries received after 5:00 PM August 11, 2011 will not be 0, accepted. L 3. City Responses L Q 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 co the close of business August 18, 2011. a 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 U E. Submission of Proposals C aD E 1. Date and Time U w All proposals are to be submitted to City of San Bernardino, Attention: a 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: s Packet Pg. 340 5.U.b 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 a The proposal package shall be addressed as shown above, bearing 2, the Offeror(s) name and address and clearly marked as follows: L Y N RFP F-12-01 Consulting Services for the Implementation of the Energy Efficiency Strategic Plan w 0 M 4. Acceptance of Proposals LL a 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. W 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; 6 Packet Pg. 341 S.U.b 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. U. a H. Acceptance of Order c 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 Q 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. c a L W Cn L d W 0 r F r a LL C cC rLR V W V d E V R Y Q 8 Packet Pg.343 '' RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan SECTION II. PROJECT a SCOPE OF WORK , L Cn L W 0 M r r a U- c L w U M c (D E t v R Q 9 Packet Pg. 344 5.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan CITY OF SAN BERNARDINO AR'�d r� U �' as a� l w c T a U- REQUEST FOR PROPOSALS FOR /L^ V w U Professional Consulting Services for the Implementation of the E City's Energy Efficiency Strategic Plan R a., w Q August 2011 10 Packet Pg. 345 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 as �a L ,,b^+ vJ Attachment A: Sample Vendor Service Agreement L d Attachment B: City's Strategic Plan Statement of Work w 0 M r T a LL c �a C7 w U Y _ E V w Q 1I Packet Pg.346 �.U.b 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 c 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. a 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: y c d 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 12 Packet Pg.347 S.U.b 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 c Evaluate Proposals August 22, 2011 a Consultant Interviews (if necessary) August 25-29, 2011 Award Consultant Contract September 19, 2011 L w SCOPE OF SERVICES L 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 CL selected consultant. Any additional work would take place only under the explicit direction of LL the City as delineated in a separate P.O. 'Ln V Additional activities: w U to • Online permitting c d • Software Implementation = w • 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 13 Packet Pg.348 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 a The City will review the proposals and make the consultant selection based on the following criteria: Cn Scoring Criteria Points Possible aD 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 w i U Understanding of key issues involved in successfully implementing energy 35 efficiency strategic plans U 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 14 Packet Pg. 349 5.U.b 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 0 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 U 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 15 Packet Pg. 350 5.U.b 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. L VI .71 L Q� _ W 0 T v a. U- 'Ln V W U _ m E U tC Y Q 16 Packet Pg. 351 5.U.b 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"). CL WITNESSETH: L WHEREAS,the Mayor and Common Council has determined that it is advantageous N L 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. U- vendors for Professional Consulting Services for the Implementation of the /Ln V 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; CD NOW,THEREFORE,the parties hereto agree as follows: Q 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. 17 Packet Pg. 352 5.U.b RFP F-12-01 Consulting Services for the Implementation 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. a This Agreement may be terminated at any time by thirty(30)days' written notice by either L 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 = w term of the Agreement. M 4. CONTRACTOR NON-COMPLIANCE a U_ A. If the Public Services Department Director, or his designee, determines that there are w U deficiencies in the performance of this Agreement, the Public Services Director, or c his designee, will provide a written notice to the vendor stating the deficiencies and s U R w 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: 18 LPacket Pg. 353 1 5.U.b 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 a attorney's fees, damage to property or injuries to or death of any person or persons or damages L of any nature including,but not limited to, all civil claims or workers' compensation claims, N rn L 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 r 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 c� 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, E with respect to third party claims against the Vendor relating to or in any way connected with U w r a 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 19 Packet Pg. 354 RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 a 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. w 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 c� Income Tax, Social Security, State Disability Insurance Compensation,Unemployment W U to Compensation, and other payroll deductions for VENDOR and its officers, agents, and E employees, and all business licenses, if any are required, in connection with the services to be U w w 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 4 20 Packet Pg. 355 5.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 a as w M TO THE VENDOR: Cn a a� L Q� W 9. ATTORNEYS' FEES. co r r 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, ,Ln V including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of W U U) its rights or remedies hereunder or the enforcement of any of the terms, conditions or E provisions hereof. The costs, salary and expenses of the City Attorney and members of his r r Q 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 21 Packet Pg. 356 RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 a of California,Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. n a� 12. GOVERNING LAW. w This Agreement shall be governed by the laws of the State of California. M r r 13. SUCCESSORS AND ASSIGNS. a- w ar This Agreement shall be binding on and inure to the benefit of the parties to this Agreement C /LR V and their respective heirs,representatives, successors, and assigns. w U 14. HEADINGS. a� E The subject headings of the sections of this Agreement are included for the purposes of U w a 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 22 Packet Pg. 357 S.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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. c a. a� w �a L U) a� L d W M V- v a. U. C tC rLn V Ui U Cn E v R Q Packet Pg. 358 9.U.b RFP F-12-01 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 c By: EXHIBIT COPY o Name: L W co Title: a rn L W 0 Dated , 2011 CITY OF SAN BERNARDINO By: EXHIBIT COPY a Charles E. McNeely, City Manager U- w Approved as to Form: W U N By: EXHIBIT COPY James F. Penman, City Attorney E �a Q 24 Packet Pg.359 5.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 -- c ca 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 r Task 3—Develop and Deliver Stakeholder Education Program..................................................32 Task4-Strategic Plan Goal 3..........................................................................................................35 c w Task 4—Develop and Adopt Energy Benchmarking Policy........................................................35 0 M 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 O 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 E Task 9 - Submit Final Program Report.............................................................................................45 R 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 25 Packet Pg.360 5.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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. L W One of the selected programs in this solicitation is the City of San Bernardino's Strategic CD 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 U co 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. 26 Packet Pg. 361 RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 U 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. w 7. CPUC: The California Public Utilities Commission. o M r 8. Implementer: The City of San Bernardino. a w 9. Month or Monthly: A term ending on the last Calendar Day of each Month. _ 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. _ 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 27 Packet Pg. 362 5.U.b RFP F-12-01 ConsUfting Services n Of the Energy Efficiency Strategic Plan 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 a 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 rn 6. Develop and implement an on-line building permitting process; w 7. Develop and deliver stakeholder education program; r r 8. Develop and adopt an energy benchmarking policy; a. LL a 9. Identify,purchase, and install utility manager software to track energy consumption of municipal buildings operated by the City San Bernardino; and W U 10. Develop and adopt a retro-commissioning (RCx)policy. c E SECTION 3: GENERAL REQUIREMENTS Q 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 28 Packet Pg.363 5.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 _ c The Work for each of the CEESP goals and associated tasks are described herein: °- v Task 1 - Program Ramp-up L 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 o. 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. L To avoid duplication and unnecessary expenditures,the CPM will provide information and w U guidance regarding currently available resources (e.g., available training programs,reach .. 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. 29 Packet Pg. 364 S.U.b REP F-12-01 Consulting Services tr the implementation Of the Energy Efficiency Strategic Plan 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 FL efficiency such as one-stop permitting, on-line permitting, separate Zero Net Energy 2 permit processes, density bonuses, or a recognition program. L Task 2—Develop and Implement an On-line Building Permitting Process W a� Implementer will design or procure and implement an energy efficiency project on-line c w 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 a for tracking energy efficiency projects by the Implementer. U_ c 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. _ R 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; 30 Packet Pg. 365 5.U.6 RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan • 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. •� m w 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 w 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 L) Cn 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 31 Packet Pg.366 S.U.b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan 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 CU r 4. Review documents developed during Program N implementation NTP plus 6 Months a� c 5. Monthly reports on outreach and education w efforts Monthly with Invoicing Requirements c M r 6. Plan for sharing lessons learned/best practices NTP plus 6 Months a with other local governments. u- 7. Submit Program that promotes Energy = NTP plus 12 Months f° Efficiency to City Council for adoption C7 w 8. Monthly reports of tracked Performance Monthly with Invoicing Requirements vi Indicators (see Task 7) a� E v 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. 32 Packet Pg. 367 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 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 a� • A list of appropriate and recognized energy efficiency experts as potential speakers for each module of instruction; rn L • A list of potential attendees by position and city organization; w M • A list of required presentation materials to be provided to attendees; and v • A strategy for a follow-up evaluation for determining workshop value to participants u_ and for sharing of best practices. L Implementer will provide the assessment and planning report to the CPM for review and w comment. U w c 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: 33 Packet Pg. 368 RFP F-12-01 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. 34 Packet Pg.369 Mho. 5.U.b 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 rn 6. Deliver Monthly reports from tracking system Monthly with Invoicing Requirements c (see Task 7) w co 0 Task 4-Strategic Plan Goal 3 a. LL Strategic Plan Goal 3: Local governments lead by example with their own facilities and c energy usage practices. t9 w • 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� E 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. 35 Packet Pg. 370 5.U.b 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_ W 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. 36 Packet Pg. 371 5.U.b RFP F-12-01 Consulting Services for the Implementation 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 w 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 tLn V W 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 U t4 w • 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. 37 Packet Pg. 372 5.U.b 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 L in • A utility manager software procurement plan, including the procurement of the required networking software capability: w • A data acquisition and data transfer plan into the utility manager software; M T T • Identification of the sub-metering data requirements; o. U_ • An utility manager software testing plan; /L^ V • A training plan including documentation on the effectiveness of the training for the U appropriate city personnel; r c CD • 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 Packet Pg. 373 5.U.b RFP F-12-01 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 a activities include but are not limited to the following: U_ r • Procure utility manager software and the required networking software capability; 2 w L) • Procure sub-metering capability, as needed;2 a� E • 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. 39 Packet Pg. 374 5.U.b 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 L develop an implementation plan for utility manager software monitoring and maintenance. w Activities will include but are not limited to the following: o M r T • 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 c �v L • Implementer will also develop a utility manager software maintenance plan that will w ensure continued use of utility manager software after 2012. L) U) 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. 40 Packet Pg. 375 5.0>b 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 in a o> 4. Report on utility manager Monthly with Invoicing Requirements (see software installation Task 7) w 0 M 5. Report of utility manager training Monthly with Invoicing Requirements (see and maintenance activities Task 7) LL c 6. Report on actions taken resulting Monthly with Invoicing Requirements (see from the benchmarking analysis. Task 7) W U co 7. Monthly status report Monthly with Invoicing Requirements (see Task 7) E R w r a 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. 41 Packet Pg.376 S.U.b 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. 42 Packet Pg. 377 RFP F-12-01 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) r Task 7—Invoicing and Reporting c w A. IR Tool: After SCE provides Implementer training on the IR Tool,the Implementer M r will utilize the IR Tool, which serves three primary purposes: a w • Enables Implementer to provide SCE with required Program information; w U co • Provides CPM the capability to access Implementer's Program information and create reports; and E R • 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 43 Packet Pg.378 RFP F-12-01 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. U_ 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 w v 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. 44 Packet Pg. 379 �suey ` , RFP F-12-01 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 c 3. Begin Program ramp-down No later than September 1,2012 a 4. Complete all services No later than October 15,2012 0 L Task 9- Submit Final Program Report Cn L 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. w c 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 Q 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 45 Packet Pg.380 5.U.b RFP F-12-01 Consulting Services for the Implementation 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$513,600. a� w L Table 1: Implementer T&M Fully Burdened Hourly Billing Rate a a� Fully Burdened a� Hourly Rate for years w 2010-2012 % of Total Implementer Job Function ($/Hour) Hours `- a U- Senior Consulting Firm highest n/a rate $175.00 cc tLn V Program Director/Oversight $145.00 3% cW> Program Manager $125.00 18% E 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% 46 Packet Pg. 381 5Ub RFP F-12-01 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 L co B. Actual performance versus predicted performance as outlined herein. L d W 0 M r V 4_ LL r+ C rL^ V W U to :j c E t v ca Q 4 See Appendix B for more information regarding Allowable Costs 47 Packet Pg.382 5 U.b RFP F-12-01 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 R a draft invoice for Implementer's review. co 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 M Q • Invoice—Hard Copy and electronic copy uploaded into the IR Tool; a • Program Tracking Flat File—Uploaded electronically into the IR Tool; LL • Financial Flat File—Uploaded electronically into the IR Tool; C7 • Monthly Narrative - Hard Copy with invoice submission; v • Deliverable Table—Uploaded electronically. r c as • Allowable Cost Table (see Appendix B)—Hard Copy with invoice submission; E and w • Y 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; 48 Packet Pg.383 • 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; a • Changes to Subcontractors and Subcontractor responsibilities, if any; and 2 d Y • Number of Program complaints received. Y as L d _ W M r a LL Y ca ,L^ V W U to r _ E t v Y Y Q 49 Packet Pg.384 v.U.b 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. a. 2.1. Expenditures for the Program per cost; Section 4, below contains a list of w allowable costs. co a. CPUC authorized budget i as b. Operating Budget w 0 c. Total Expenditures • Administrative Cost LL r • Marketing/Advertising/Outreach Costs 'L^ V • Direct Implementation Cost v Cn 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.) 50 Packet Pg.385 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 a Cn m L co L _ W M ® a. a U- ,Ln V W U N _ d E co a 51 Packet Pg.386 { d 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 a • Administrative Cost U as • Marketing/Advertising/Outreach Costs Cn • Direct Implementation Cost L as 3.2. Program Narratives—For the Program, a description of the Program activities w occurring during the year. M a. Administrative activities a LL b. Marketing activities = L c. Direct Implementation activities W U d. Implementer's assessment of Program performance and Program status y r (is the Program on target, exceeding expectations, or falling short of expectations, etc.) w e. Discussion of changes in Program emphasis (new Program elements, less a or more emphasis on a particular delivery strategy, Program elements 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 52 Packet Pg.387 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. c a d �a L ,,b^d v! L C W M r a U. C c� 'L^ V W U rn C 4) E t c� Q 53 Packet Pg. 388 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- W Labor Implementer Payroll Tax-Administrative Labor M Implementer Payroll Tax-Direct Implementation Labor Implementer Payroll Tax-Marketing/Advertising/Outreach W U Labor Implementer Pension-Administrative Labor Implementer Pension-Direct Implementation Labor E E Implementer Pension-Marketing/Advertising/Outreach s U 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 54 Packet Pg. 389 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 c Implementer Labor-Communications Implementer Labor-Information Technology Implementer Labor-Telecommunications CD Marketing/Advertising/Outreach Cost Category R Implementer-Bill Inserts can Implementer-Brochures rn 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 U Direct Implementation Cost Cate o ry N Financial Incentives to Customers m 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 } 9 1 -7 j 55 Packet Pg. 390 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- U_ a1 Rebate Processing and Inspection-Labor and Materials R L V Implementer Labor-Field Verification L Implementer Labor-Rebate Processing w CD Implementer-Rebate Applications a U- tY c /fL�n V W U Cn c a� E t U fU Q 56 Packet Pg. 391 RFP F-12-01 Consulting Of the Energy Efficiency Strategic Plan APPENDIX C Billing Schedule a m Y L Y L d C W M a U. Y C ,L^ V W U to C 0 E t v ca Y Y a 57 Packet Pg. 392 5 Il.b 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 C fC L 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 3 E 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. 58 Packet Pg. 393 RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan SECTION III. BID CONTENT AND FORMS c a U d a+ L r N L d W Q M a u_ r c 'Ln V W U W c m E t U c� 4 59 Packet Pg. 394 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 c requested? Yes / No (circle one). If you answered "No", please explain: a 'a� �a L This offer shall remain firm for 90 days from RFP close date. W Terms and conditions as set forth in this RFP apply to this proposal. 0 M Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. U_ r In signing this proposal, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. w U 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. Y Verification of Addenda Received a Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: FIRM NAME: ADDRESS- Phone: Email: II Fax: l 60 Packet Pg. 395 5.U.b 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: c a. V R L Cn V 4) W 0 M c. LL r C t6 'L^ V �w V d E V a+ rt+ Q 61 Packet Pg.396 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 L id co L W 0 M a. LL w C R L W U co Print Name Signature of Bidder a� E Company Name: w a Address: 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. t 62 Packet Pg.397 S.U.b 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. a 2 CD Q m Business Name N a L Business Address w Signature of Offeror(s) M X a U. Place of Residence c� w U to Subscribed and sworn before me this day of , 20_. E Notary Public in and for the County of ,State of California. w a My commission expires 20 63 Packet Pg.398 5.U:b RFP F-12-01 Consulting Services for the Implementation Of the Energy Efficiency Strategic Plan SECTION V. GENERAL SPECIFICATIONS a Co R L Cn L d W 0 M r iL W rr C f� L W U N r c m E v ca w Q 64 Packet Pg. 399 5.U.b 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 w 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. 6s Packet Pg.400 S.U.b 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 LL found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their L 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 l j I 66 a Packet Pg.404 S.U.b 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 T 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 + 0 6S Packet Pg. 403 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. 0 M T T /II v o. NLL N 6L Y rLn V ♦W V Cn W E U Rf Y Y Q 69 Packet Pg_404 5.U.c RFP F-12-01 Addendum 1 Consulting Services for the Implementation of the Energy Efficiency Strategic Plan CITY OF San BernarAno-, sM fC 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 `" 0 M r 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. _ 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, loft 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. a Scoring Criteria Points Possible 0 ... L Fee Proposal 10! v, Responsiveness to the RFP and overall clarity of the proposal. 15 m _ 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 E 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 U N Consultant and sub-consultant experience on similar projects 25 z 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 2 of 2 Packet Pg.406 S.U.d 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 a. c Bernardino"). d WITNESSETH: w WHEREAS, the Mayor and Common Council has determined that it is L a� advantageous and in the best interest of the CITY to contract for Professional Consulting w 0 M r 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 .y available vendors for Professional Consulting Services for the Implementation of the City's Energy Efficiency Strategic Plan per RFQ F-12-01; and, m as WHEREAS, Willdan is the lowest qualified bidder to provide said services to Q a� City; d NOW, THEREFORE, the parties hereto agree as follows: c I. SCOPE OF SERVICES. > a For the remuneration stipulated, San Bernardino hereby engages the services of X VENDOR to provide those products and services as set forth in RFQ F-12-01 and _ m 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. Page 1 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 a. U services thereof. r L b. No other expenditures made by VENDOR shall be reimbursed by CITY. a� L 3. TERM; TERMINATION. w 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 c 0 by either party for any reason. The terms of this Agreement shall remain in force unless a� amended by written agreement of the parties executed on or before the date of expiration of the current term of the Agreement. L 4. CONTRACTOR NON-COMPLIANCE a a� U A. If the Director of Public Works, or his designee, determines that there are T 0 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. a 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 �a o. 4. INDEMNITY. d r �a L Y Vendor shall defend, indemnify, and hold harmless the City, its officers, N L 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 0 or workers' compensation claims, to the extent arising out of,pertaining to, or related to aD W the negligence, recklessness, or willful misconduct of Vendor, its employees, agents or d E subcontractors in the performance of this Agreement, except that such duty to defend, L a 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 L 0 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 :n claims against the Vendor relating to or in any way connected with the accomplishment x w of the work or performance of services under this Agreement. E s 5. INSURANCE. o r a 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 o. V change or termination of policy. L 6. NON-DISCRIMINATION. L 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 T engage in, discrimination in employment of persons because of their race,religion, color, 0 national origin, ancestry, age, mental or physical disability,medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. E 7. INDEPENDENT CONTRACTOR. a� L 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 L 0 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 Z Compensation,Unemployment Compensation, and other payroll deductions for x w VENDOR and its officers, agents, and employees, and all business licenses, if any are E s required, in connection with the services to be performed hereunder. r w a 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business Page 4 Packet Pg.410 5.U.d 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 a United States Postal Service,postage prepaid and addressed as follows: 0 w L TO THE CITY: Public Works Director N L 300 North"D" Street c w San Bernardino, CA 92418 Telephone: (909) 384-5140 c 0 .N m TO THE VENDOR: Willdan .: d 650 E. Hospitality Lane, Suite 400 L San Bernardino, CA 92408-3317 d Telephone: (909) 386-0200 L 0 9. ATTORNEYS' FEES. a r In the event that litigation is brought by any party in connection with this X w Agreement, the prevailing party shall be entitled to recover from the opposing party all E t costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party a 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 C Page 5 Packet Pg.411' 5.U.d "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 CL shall be void and shall constitute a breach of this Agreement and cause for the L r termination of this Agreement. Regardless of CITY'S consent, no subletting or Cn a� L 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. r 11. VENUE. 0 The parties hereto agree that all actions or proceedings arising in connection with as this Agreement shall be tried and litigated either in the State courts located in the County d of San Bernardino, State of California or the U.S. District Court for the Central District L a� of California, Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. L 0 12. GOVERNING LAW. c d This Agreement shall be governed by the laws of the State of California. a 13. SUCCESSORS AND ASSIGNS. W This Agreement shall be binding on and inure to the benefit of the parties to this E Agreement and their respective heirs, representatives, successors, and assigns. a 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 Page 6 Packet Pg.412 5.U.d 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 a 2 offending provision in any other circumstance, and the remaining provisions of this w L r Agreement shall remain in full force and effect. co 16. ENTIRE AGREEMENT; MODIFICATION. w This Agreement constitutes the entire agreement and the understanding between i v the parties, and supersedes any prior agreements and understandings relating to the LO 0 subject manner of this Agreement. This Agreement may be modified or amended only by 2 d i a written instrument executed by all parties to this Agreement. 0 E d L Q d V d L f C X w r c E s v Q Page 7 Packet Pg.413 5.U.d VENDOR SERVICE AGREEMENT VENDOR WILLDAN IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day o. and date set forth below. a, d Dated: 12011 co L By: EXHIBIT COPY w 0 M Name: v LC> Title: 0 .y d Dated 12011 CITY OF SAN BERNARDINO By: EXHIBIT E COPY Charles E. McNeely, City Manager a d Approved as to Form: co S- 0 By: EXHIBIT COPY James F. Penman, City Attorney Q r2 s X w c m E t v r 4 Page 8 Packet Pg.414 (ueld 3160lea;S A6a9u3 : 0£66) joegS fueululnS pi8 :;u9wLjoejjV LO d � L a m Q °O o °o °o Co C o a U o 0 0 0 o r° CD m U oo 1* O ' T LO O m c000 L co Z Z N N Ln m O f0- V1, fd? 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