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CONTRACT 4683 CLOSEDAgreement No. 4683 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF EL SEGUNDO AND WILLDAN ENERGY SOLUTIONS This AGREEMENT is entered into this 15th day of July, 2014, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and WILLDAN ENGERY SOLUTIONS, a subsidiary of Willdan Group, Inc., a California Corporation ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed One Hundred Thousand One Hundred Twenty Five dollars ($100,125.00) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any 4- Agreement No. 4683 shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. CITY's city manager ( "Manager ") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ( "Additional Work ") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work. B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. Payments over One Hundred Thousand One Hundred Twenty Five dollars ($100,125.00) for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. -2- Agreement No. 4683 B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from July 15, 2014 to December 31, 2015. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A "; B. Termination as stated in Section 16. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Scope of Work and Budget 12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the -3- Agreement No. 4683 contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. -4- Agreement No. 4683 17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 19. INDEMNIFICATION. A. CONSULTANT must save harmless, indemnify and defend CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property arising from, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives. & For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to -5- Agreement No. 4683 be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 23. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the I on Agreement No. 4683 insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16. 24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: If to CITY: Willdan Energy Solutions City of El Segundo 2401 E Katella Avenue, Ste 300 350 Main Street Anaheim, California 92806 El Segundo, CA 714.940.6370 310 -524 -2356 Attn: Paul Whitelaw, Senior Vice President Attention: Stephanie Katsouleas Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. -7- Agreement No. 4683 27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 35. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by Agreement No. 4683 facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] in Agreement No. 4683 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ATTEST: #-" Trac We Cit Clerk APPROVED AS TO FORM: WILLDAN ENERGY SOLUTIONS Paul Whitelaw Senior Vice President f ' Taxpayer- ID No. p/ MARK D. HENSLEY, City Attorney By' ., L)AVV) KJO,. Karl 1I. B reAssistant City Attorney -10- EXHIBIT "A" Agreement No. 4683 Scope of Work The Willdan team (Willdan) is prepared to help the City of El Segundo with consultant services related to the implementing of El Segundo's Strategic Plan Program Phase 3. Our scope of work includes support on the following ESSP tasks: ■ Task 1: Kick -off Meeting, Program Data, Invoicing, and Reporting Tool ■ Task 2: Develop & Adopt Program - Encourage EE Through Online Permitting Process ■ Task 3: Develop Implementation Processes & Procedures to Embed EE into City Operations ■ Task 4: Invoicing and Reporting ■ Task 5: Task Ramp -Down and Shut -Down Program Task I.- Kick -off Meeting, Program Data, Invoicing and Reporting Tool A. Attend Program Kick -Off Meeting Willdan will attend the Program kick -off meeting with SCE to discuss Program logistics, coordination, evaluation, monitoring and verification coordination, invoicing requirements, and any remaining contract issues at a time and place to be determined by SCE after the issuance of the notice to proceed (NTP). The tasks related to the kick -off meeting include the following: To avoid duplication and unnecessary expenditures, SCE will provide information and guidance regarding currently available resources (e.g., available training programs, templates, etc.) that will be used by Willdan in assessing pre - existing resources. This will enable Willdan to focus efforts on the areas in each task where gaps exist. B. Program Data, Invoicing and Reporting Tool Training Willdan will attend the kick -off meeting to be trained on the use of SCE's invoicing and reporting tool (IR Tool). Thereafter, Willdan will use the IR Tool to provide El Segundo invoices and Monthly Reports each Month. Task 1 Deliverables: Deliverables Due Dates 1. Attend a Program Kick -off meeting Determined by SCE after the issuance of that includes IR Tool training, the NTP. 2. Delivery of updated IR tool to CPM for IR Tool training plus five (5) Business review and approval. Days. Task 2: Develop and Adopt Program to Encourage EE Through the On -Line Permitting Process ($60,075) Willdan will work with the City to fully integrate EE into its planning and permitting processes through the development of a Project Builder Expert System (ProjectBuilder). In doing so, Willdan will build upon and leverage the success of El Segundo's Online Permit Center, which promotes EE for frequent "over the counter" permits and was developed through the Strategic Plan Strategies Phase 1 solicitation. The ProjectBuilder will expand the concept of the Online Permit Center by addressing EE measures for construction projects from inception through final inspection. The intent of the ProjectBuilder is to influence larger, more complicated projects including major renovations, additions, and new construction to utilize EE and DR Measures. ProjectBuilder will expand more fully into the Attachment: W,*41' Proposal for Consulting Services 3 City of El Segundo EXHIBIT "A" Agreement No. 4683 construction project life cycle, offering an enhanced and earlier opportunity to influence project decisions concerning energy efficiency, thereby gain access to deeper energy savings. A. Task Goals and Objectives Willdan will provide all materials developed under this task to El Segundo for review and comment: 1. Report on Status of Consultant to Support the Task: Willdan will submit to El Segundo an email reporting on the status of having hired expertise (Willdan Team) to provide support to complete the activities in this task; 2. Assessment and Planning Report for Project Builder Expert System (Draft and Final): As an initial step, Willdan will review and assess the on -line permitting processes and systems of other local governments to gain insight from their experiences. Next Willdan will evaluate ProjectBuilder for compatibility and integration with its existing back -office processing and reporting systems. As part of this Assessment and Planning Report, Willdan will also provide: • Description of the system and how it will promote energy efficiency to permit applicants and other viewers; • Policy statement that describes the functionality of the system, required resources and timeline for completion; and • Approach to be used to assess the effectiveness of ProjectBuilder. The Assessment and Planning Report for ProjectBuilder will also include a discussion of the sustainability of the City's Program(s) 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. Based on feedback received, Willdan team will submit a final draft of the Assessment and Planning Report. 3. Detailed Specification Report for Project Builder Expert System: The detailed specification report will provide all requirements for the system, including any required interfaces, and the plan for installation and implementation of the system. 4. Report on the Installation and Launch of Project Builder Expert System: Willdan will install, test and launch ProjectBuilder. Willdan will prepare a report on the installation and launch of the Project Builder Expert System. This report shall include a discussion of the installation process, identifying any installation issues that arose, as well as "screen shots" of the installed system that show how the system operates. 5. Plan for Sharing Lessons Learned /Best Practices with Other Local Governments (Draft and Final): Willdan will prepare a draft report describing lessons learned and its understanding of best practices experienced during the development and implementation of ProjectBuilder. Willdan will then also submit a draft plan for sharing this report with other local governments. Based on feedback received during the draft review and stakeholder input, Willdan will prepare and submit to SCE a final plan and will take steps to assure that the final version of the Program will meet the needs of the City and peer jurisdictions. 6. Monthly Report: Status of this task in the Monthly Report of all on -going activities including a list of Monthly achievements and outstanding issues. Attachment, Proposal for Consulting Services 4 City of El Segundo EXHIBIT "A" A. Task Performance Indicators Agreement No. 4683 Willdan will fulfill the following goals and objectives: 1. Leverage existing resources through a review and assessment of similar online permitting systems; 2. Encourage more energy efficiency permits through implementing simpler processes: a. Offer ProjectBuilder to residents, business owners, and contractors for energy efficiency projects: i. Install ProjectBuilder; ii. Streamline internal energy efficiency permit procedures; 3. Encourage "reach" energy efficiency projects, by increasing the frequency and improving communication with contractors on energy efficiency "reach 'opportunities through ProjectBuilder. The Implementer (Willdan) will, at a minimum, track the following information: 1. Number of energy efficiency project permits processed through ProjectBuilder; 2. Type of equipment for energy efficiency projects tracked post - ProjectBuilder implementation; and 3. Time to process permits using ProjectBuilder Willdan will quantitatively assess the value and benefits of the Program through; 1. Tracking of energy efficiency projects in El Segundo, including "reach" energy efficiency activities exceeding Title 24 requirements; 2. Analyzing constituent satisfaction feedback results. Task 2 Deliverables: Deliverables Due Dates 1. Report on status of Consultant to NTP plus 1 Month assist in task implementation 2. Draft Assessment and Planning NTP plus 1 Month Report for Project Builder Expert System 3. Final Assessment and Planning NTP plus 45 Calendar Days Report for Project Builder Expert System 4. Detailed Specification Report for NTP plus 3 Months Project Builder Ex ert System_ 5. Installed and Launched Project Builder NTP plus 10 Months Expert System 6. Report on the Installation and Launch NTP plus 12 Months of the Project Builder Expert System 7. Plan for sharing lessons learned /best NTP plus 12 Months practices with other local governments 8. Monthly Report of tracked Monthly with Invoicing Requirements Performance Attachment: Proposal for Consulting Services 5 City of E! Segundo EXHIBIT "A" Agreement No. 4683 Task 3: Develop Implementation Processes & Procedures to Embed EE into Implementer's Operations ($40,050) By participating in Phase 1 of the Strategic Plan Program, El Segundo completed a variety of EE policies, including a retro- commissioning policy, green building policy, benchmarking policy, a greenhouse gas inventory policy. Additionally, as part of Phase 1, El Segundo set up tools such as Enterprise Energy Management Information System (EEMIS) and Portfolio Manager. These policy documents and tools have laid the groundwork for long -term, sustainable energy savings for El Segundo. However, individual policies, without proper implementation of those policies, may not generate actual energy savings; therefore, the gap between policy and implementation needs to be bridged. Willdan will develop implementation processes and document working procedures for the policies and tools developed in Phase 1 of the Strategic Plan Program. By accomplishing this task, El Segundo's staff will refine processes that will enable staff to work through the roadblocks and challenges inherent in implementing policy, progressing more expeditiously and strategically than otherwise would have been possible. 1. Task Goals and Objectives Willdan will provide all materials developed under this task to El Segundo and SCE for review and comment: 1. Report on Status of Consultant to Support the Task: Willdan will submit to El Segundo an email reporting on the status of having hired expertise (the Willdan Team) to provide support to complete the activities in this task; 2. Assessment and Planning Report for the Development of Implementation Procedures and Processes (Draft and Final): As an initial step, Willdan will review and assess the implementation procedures and processes of other local governments to gain insight from their experiences. Next Willdan will evaluate the following energy policies and describe an approach to develop integrated procedures for optimal implementation across departments and functions: • Retro- commissioning Policy • Benchmarking Policy • LEED Certification Policy • Greenhouse Gas Inventory Policy • Enterprise Energy Management Information System (EEMIS) • Portfolio Manager Benchmarking Tool Willdan shall determine appropriate metrics against which the effectiveness of this task will be assessed. During development of the implementation procedures, any disparate policies and tools currently in place will be interlinked. Willdan will coordinate the many overlapping functionalities into more cohesive energy management procedures that El Segundo's staff can more easily understand and implement. 3. Establish Energy Management Team: Willdan will encourage internal collaboration with key department leads concerning energy costs, energy usage, and other relevant information by allowing users access to the software's reporting and analysis dashboard. Increasing the visibility of energy usage will help to educate all stakeholders on the impact of energy consumption and costs at each facility. Willdan will develop an Energy Management Team that will meet with energy management staff, building management staff, and other representatives to help develop a scope of work that identifies the steps necessary to Attachment: Proposal for Consulting Services 6 City of El Segundo W, EXHIBIT "A" Agreement No. 4683 implement and sustain El Segundo's energy efficiency policies. Willdan will document in a memo the establishment of, and tasks to be performed by, the Energy Management Team. 4. Implementation Procedures and Processes (Draft and Final): Willdan will develop a draft Implementation Procedures and Processes report based on the methodology outlined in the Assessment and Planning Report and provide to El Segundo and SCE and relevant industry stakeholders and other experts for review and comment. Based on feedback received, Willdan will submit to El Segundo /SCE a final Implementation Procedures and Processes' report. 5. Plan for Sharing Lessons Learned /Best Practices with Other Local Governments (Draft and Final): Willdan will prepare a draft report describing lessons learned and its understanding of best practices experienced during the development of implementation procedures and processes. Willdan will also submit a draft plan for sharing this report with other local governments. Based on feedback received during the draft review and stakeholder input, Willdan will submit to El Segundo /SCE a final report and will take steps to assure that the final version of the Plan will meet the needs of El Segundo and peer jurisdictions. 6. Report on Task Performance Indicators: Willdan will submit a report on the Task Performance Indicators identified below, as well as in the Assessment and Planning Report for this task. This is a crucial step to determine the effectiveness of this task in meeting its objective of "Embedding Energy Efficiency into City Operations ". 7. Monthly Report: Willdan will provide a status of this task in the Monthly Report of all on- going activities including a list of Monthly achievements and outstanding issues. 2. Task Performance Indicators Willdan will identify and describe appropriate metrics that can be used to track task performance and progress in the Assessment and Planning Report. These Task Performance Indicators will be reported to SCE for review. Willdan will quantitatively and /or qualitatively assess the value and benefits of the task through metrics developed in the Assessment and Planning Report for this task. Metrics may include the following: 1. Assessing energy cost and consumption by utility type and provider pre -and post - Implementation Procedures and Processes; 2. Qualitatively assessing the effectiveness of the Implementation Procedures and 3. Processes through participant surveys; Assessing energy cost per square foot and cost per employee pre -and post - Implementation Procedures and Processes; 4. Assessing carbon emissions pre -and post- Implementation Procedures and Processes; 5. Assessing accuracy of budgets and forecasts pre -and post- Implementation Procedures and Processes; and 6. Assessing avoided costs pre -and post- Implementation Procedures and Processes. Attachment: Proposal for Consulting Services 7 City of El Segundo W, EXHIBIT "A" Agreement No. 4683 Task 3 Deliverables Deliverables Due Dates 1. Report on status of Consultant to NTP plus 1 Month ... ....... sut? ort the task 2. Draft Assessment and Planning NTP plus 1 Month Report for the Development of Implementation Procedures and Processes 3. Final Assessment and Planning NTP plus 45 Calendar Days. Report for the Development of Implementation Procedures and Processes 4. Establish Energy Management NTP plus 3 Months Team 5. Draft Implementation Procedures NTP plus 9 Months and Processes 6. Final Implementation Procedures NTP plus 11 Months and Processes 7. Report on Task Performance NTP plus 14 Months Indicators 8. Plan for sharing lessons NTP plus 12 Months learned /best practices with other local governments 9. Monthly Report: Status of task and Monthly with Invoicing Requirements tracked Performance Indicators A. Invoicing Willdan will submit to El Segundo an Invoice Package which includes supporting documentation in accordance with the requirements delineated Appendix A, "Invoicing Requirements ", the Ts &Cs (Section 4), and Attachment No.1 of El Segundo's Contract. SCE may amend the invoicing requirements from time to time, at which time SCE will notify El Segundo of the changes and issue a Change Order. Willdan will implement these modifications in a timely manner and reflect any changes in future invoice documentation. B. Reporting Willdan will submit to El Segundo all required reports initially as a draft for review and approval by El Segundo and SCE. Willdan will be responsible for implementing, adhering to, and the submission of, the items as described in Appendix D, "Regulatory Reporting Requirements ", the Ts &Cs, and Attachment No.1 of El Segundo's Contract. SCE may amend the reporting requirements from time to time, at which time SCE will notify El Segundo of the changes and issue a Change Order. Willdan will implement these modifications in a timely manner and reflected in future invoice documentation. Attachment: Proposal for Consulting Services 8 City of E! Segundo EXHIBIT "A" Agreement No. 4683 Task 4 Deliverables Deliverables Due Dates A. Prepare and submit invoice and 15th Calendar Day of the Month supporting documentation to El per Appendix A, "Invoicing Segundo Re uirements" B. Submit final invoice to El Se undo Aral 15 2015 C. Prepare and submit Monthly 15' Calendar Day of the Month per Reports to El Segundo Appendix D, "Regulatory ww. Reporting Requirements" D. Submit Commission Reports Semi- annually and annually Task S: Ramp -Down and Shut -Down Program A. Program Shut -Down: All Program operations will be completely shutdown after the last day of the effective period of the Contract, and no later than December 31, 2014, with the exception of preparation and submittal of the Final Report, as defined in Task 6 below. Task 5 Deliverables Deliverables Due Dates A. Complete all services No later than December 31, 2014 Task 6: Submit Final Program Report After Program completion, the Implementer will submit a final report that reviews the Program's progress and accomplishment (the "Final Report"). The Final Report will include the information referenced in Appendix E, "Final Program Report Template ". Task 6 Deliverables: Deliverables Due Dates A. Submit draft Final Report for SCE No later than February 15, 2015 Review and approval B. Submit revised Final Report for The earlier of March 31, 2015 or SCE review and approval within 2 weeks of receipt of SCE comments Attachment: Proposal for Consulting Services g City of El Segundo W, EXHIBIT "A" Agreement No. 4683 Budget Summary The Willdan Team will not exceed the total amount budgeted by El Segundo for this program of $100,125. Table 2: Rate schedule Job Team Member Function Principal- I Katie Wilson in- Charge Project Manager Energy Analyst Software Developer Rosie Kang Ian Villazana cor'nparly ` Responsibility Hourly Rate illyouii! The Principal -in- Charge will provide $145 management oversight of the project ensuring quality and establishing quality control procedures. o t Willdan . The Project Manager will manage the day $125 to day activities for Willdan, providing p implementation analysis and coordination with city staff and team members. l Willdan The Energy Analyst will lead efforts in $92 processes and procedures and evaluating r u local jurisdictions. 4 Gary V. Bufkin GVBCC Software Developer will design, develop $125 and implement the custom software for this project. Attachment: Proposal for Consulting Services 10 City of El Segundo