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CONTRACT 4154 Professional Services Agreement CLOSED® ., .,Ad PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF EL SEGUNDO AND Nina Tarnay This AGREEMENT is entered into this 16th day of May 2011, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and Nina Tarnay a sole proprietor ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES in Exhibit "A;" 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 forty -eight thousand, six hundred and fifty dollars ($48,650.00) 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 shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. -I- 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 $48,650.00 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. 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 -2- aw 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 May 16, 2011 to December 31, 2012. 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; -3- U ®, ir 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 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. N , - 0" . F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 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. B., 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. -5- 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 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: $1,000,000 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. M " , 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 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: Nina Tarnay 45332 nd Street Manhattan Beach, CA 90266 Attention: Nina Tarnay If to CITY: City of El Segundo 350 Main Street El Segundo, CA Attention: Stephanie Katsouleas, Director of Public Works 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 -7- 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. 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 are two (2) 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. X64 - %�a6: 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 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] 0 w � ," �4,z° IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO MA,LJ 4f- Doug Willmore City Manager ATTEST: a C, dy m aesell, fty Clerk i ni.a a a � Taxpayer ID No. 5�b. �q„ -10- Exhibit "A" Scope of Work and Budget Project Period: May 16, 2011 through December 31, 2012 Total Project Budget: Not to exceed $48,650.00 Hourly Rate: $75.00 PROJECT TASKS Attend mandatory SCE kickoff and grant management meeting, date and time to be determined. 2. Oversee Willdan Engineering Solution's work product activities on behalf of the City to ensure that they comply with grant program components, which include: a. Implementation of SCE Scope of Work activities (Tasks 1 -7) b. Compliance with timelines identified in the Scope C. Adherence to Grant reporting requirements d. Implementation of ramp -up and ramp -down activities e. Quality assurance and quality control 3. Provide general oversight and editorial review of materials produced, which include but are not limited to: a. Climate Action Plan b. Green House Gas Inventory C. Energy Benchmarking Policy d. Leed Certification Policy e. RXc Policy 4. Act as City liaison and representative for the coordination of: a. The on -line permitting module developed b. Educational workshops for staff, Commissioners and Council Members E_X_"N bIt :............................... 4µmw.. ......_........................ 4154 m e o Work and T' ne Grant Scope f.. Wo,.... ._� ................._imli....._ City of El Segundo v4.7 TABLE OF CONTENTS SECTION 1: PROGRAM DESCRIPTION ........................................ 2 SECTION 2: OBJECTIVES..... _ .... ........ . ...... ........ .................... ....... ............................. ........... ...... .......... 4 SECTION 3: GENERAL REQUIREMENTS_ ..... ....................... ...,.,,.. ........, ,...... 4 SECTION 4: SCHEDULE OR TASKS DELAYS ......... ......... ......... ................ .... ........... ....,,..,, 4 SECTION 5: STATEMENT OF WORK.. ...... ....... ......... ....... .........,.....,,.... .,. <.,., » „..,,,...,.. ..,..,.... 4 Task1 - Program Ramp- up ................................................................................ ..............................4 Task 2 - Strategic Plan Goal 1 . . ......... ......... . ....... ................. ........ ......... 5 Task 2.A — On -Line Permitting Service ..................................................... ............................... 6 Task 2.13 — Implement Energy Efficiency Educational Programs,... ........ ............ ......... 7 Task 2.0 — Marketing the On -Line Permitting Service .............................. ............................... 8 Task3 - Strategic Plan Goal 2 ............. ............ ............................... , ....,,.... ........,............ 9 Task 3.A — Attend Code Compliance Workshops ........................ ..... ...... ........ 9 Task 4 - Strategic Plan Goal 3 ............. ......... ......... .......... ......... ... ...... .......................... 10 Task 4.A. Conduct the Energy Savings Analysis for the 2009 Greenhouse Gas Inventory..., l l Task 4.13 — Develop Benchmarking Policy and Implement Benchmarking Analysis .............12 Task 4.0 — Procure Utility Manager Computer Software Program and Develop Case Study 14 Task 4.1) —Develop the Energy Action Plan .......................................... ............................... 15 Task 4.E - Adopt Leadership in Energy and Environmental Design ( "LEED ") Certification Policy.... ........... ......... ....... ....,..... , ....... ................ ,..,.....,.,... .,,..,.,. ......,.....,.,,..17 Task 41 — Develop Retro - Commissioning Policy .................................... .............................18 Task 5 — Invoicing and Reporting ..................................................................... .............................19 Task 6 - Ramp -Down and Shut -Down Program ................................................ .............................21 Task 7 - Submit Final Program Report....._._, ......... ......... ......... ...... ... ......... ..................21 SECTION6: PAYMENT ............................................................................................. ............................... 22 SECTION 7: PERFORMANCE INDICATORS...... ...... ....... ....... .,........... .,.............. .,,. .......... ................. 23 Appendix A: Monthly Invoicing and Reporting Requirements ............................. .............................24 Appendix B: Regulatory Reporting Requirements .................................................. .............................26 Appendix C: Billing Schedule..... ... ...... ....,...,....,.,.,.,. ...,...,..........31 TABLES Table 1: Implementer T &M Fully Burdened Hourly Rate. . ......... ____ ... ..... ..... _____ 22 Table 2: Implementers Budget Breakdown .............. .... 22 City of El Segundo v4.7 Statement of Work PROGRAM IMPLEMENTER: CITY OF EL SEGUNDO ( "IMPLEMENTER ") PROGRAM NAME: CITY OF EL SEGUNDO'S STRATEGIC PLAN STRATEGY(S) PROGRAM BUDGET: $486,500 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 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. One of the selected programs in this solicitation is the City of El Segundo Strategic Plan Strategy(s) ( "Program ") which promotes long -term energy efficiency and energy action plan activities. The Program will be implemented by the City of El Segundo ( "Implementer "). The Implementer will implement the Program to integrate long -term energy efficiency and energy action planning for El Segundo. Implementer will perform the tasks required in order meet the objectives of the CEESP while utilizing the following CEESP Goals: • Strategic Plan Goal 1: Local governments lead adoption and implementation of "reach" codes stronger than Title 24 on both mandatory and voluntary bases; • Strategic Plan Goal 2: Strong support from local governments for energy code compliance enforcement; • Strategic Plan Goal 3: Local governments lead by example with their own facilities and energy usage practices; and • Strategic Plan Goal 4: Local governments lead their communities with innovative programs for energy efficiency, sustainability and climate change. 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. Please go to www.califomiaenergyefficiency.com for a copy of the CEESP„ Southern California Edison Company Page: 2 City of El Segundo v4.7 1. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 2. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. 3. Calendar Month: A term ending on the last Calendar Day of the month. 4. 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. 5. Contract: Document issued by SCE to Implementer, as may be amended in writing as provided therein, which authorizes the Work, states the terms and conditions and incorporates by reference the Statement of Work and any other referenced documents, if applicable, all of which form the agreement (Contract) between SCE and the Implementer, with the following priority in the event of conflicting provisions: Change Orders, from the most recent to the earliest; the Statement of Work; the Contract; and any other referenced documents, and which facilitates payment to the Implementer for the Work described herein. 6. Contract Program Manager or CPM: The SCE Representative who will manage the Program. 7. CPUC: The California Public Utilities Commission. 8. Performance Indicators: Specific, measureable, actionable, realistic and time - specific requirements that will directly and measurably contribute to SCE's business goals for the Contract. 9. SCE Representative: The CPM or such other representative authorized by SCE to manage this Program. 10. Subcontractor: An entity contracting directly or indirectly with Implementer to furnish services or materials as part of or directly related to Implementer's Work. 11. 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 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 Contract. Southern California Edison Company Page: 3 P 5 44 a fl of El Segundo v4.7 12. Work: Any and all obligations of Implementer to be performed during the term of the Contract, 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 develop educational and training tools and strategic plans to ensure that the Implementer will reach the Program goals of at a minimum meeting or exceeding AB 32 requirements. SECTION 3: GENERAL REQUIREMENTS A. Notice to Proceed ( "NTP "): Implementer may start Work only upon the occurrence of each of the following: 1. Implementer receives the Contract; 2. Implementer provides to the CPM a signed acknowledgement form of the Contract; and 3. 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 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 The Work for each of the CEESP Goals and associated tasks are described herein: Task 1 - Program Ramp -up 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 coordination, evaluation, monitoring and verification coordination, invoicing requirements, Southern California Edison Company Page: 4 ® i I.. of El Seaundo v4.7 scope of Work, and any remaining Contract issues at an SCE - designated location. To avoid duplication and unnecessary expenditures, CPM will provide information and guidance regarding currently available resources (for example: available training programs, utility manager resource guide, templates, reach building codes etc.) to be used by the Implementer in assessing pre- existing resources. This will enable the Implementer to focus efforts in each task where any gaps exist. 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. 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. 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 annroval. 4. Delivery of flat files (final draft) to CPM for IR Tool training plus 10 Calendar Days. review and a royal. ... .......................................... ............................... d 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 bases. Task 2.A (Strategic Plan Task 1.1.5): "Develop and adopt programs to encourage energy efficiency such as online permitting "; • Task 2.B (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 "; and • Task 2.0 (Strategic Plan Task 1.2.1): "Market the on -line permitting service and workshops to internal and external stakeholders, etc." Southern California Edison Company Page: 5 G3 N .. City of El Segundo v4.7 Task 2.A — On -Line Permitting Service As part of the Program, Implementer will develop an online permitting service, that will allow building, HVAC, plumbing and electrical permits to be submitted on -line. When the resident applies for the permit and if the project has a potential corresponding rebate, the permitting service will embed the SCE application onto the webpage for easy downloading by the resident. The online service will promote demand response programs and the associated energy and financial savings benefits. Implementer will hire Subcontractor(s) with expertise in code compliance, construction and utility programs to help design the permitting service. Implementer will provide all materials developed under this task to CPM for review and comment 1. 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 on -line permitting service. 2. Assessment and Planning Report for the Development of the On -Line Permitting Service: Implementer will provide both the plan and the rationale for developing an on -line permitting service. The plan will include a policy statement that describes the functionality of the on- line permitting service, procedures to test the functionality of the on -line permitting service, required resources and timeline for completion. The plan will also include a detailed description of the on -line permitting service including the connections between the permitting process and SCE incentive programs. 3. Detailed Specifications Report for the on -Line Permitting Service: Implementer will provide a report describing the technical specifications for web page functionality. 4. Implementation Report for the On -Line Permitting Service: Implementer will implement web page construction and fully test the on -line permitting service. Implementer will provide summary of testing results and printed copies of the fully tested web pages. 5. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 2.A. Deliverable(s) Due Date(s) 1. Report on status of Implementer or Monthly with Invoicing Requirements Subcontractor(s) to help support the Task (see Task 5) to be completed within NTP plus 90 Calendar Days .............. . 2. Assessment and planning report for the Within NTP plus 120 Calendar Days development of the on -line permitting service 3. Detailed specifications report for the on -line Within 30 Calendar Days of CPM Southern California Edison Company Page: 6 City of El Segundo v4.7 ..___... .... ....... __. ............... permitting service review of assessment and planning report - .. —..._ .. ._._._._ 4. Implementation re p ort for the on -l—in._e . permitting . Within 120 Calendar Days of CPM service review of detailed specifications 5. Monthly status report Monthly with Invoicing Requirements (see Task 5) Task 2.B — Implement Energy Efficiency Educational Programs Implementer will provide energy efficiency educational programs for local officials and government agencies and commission. Implementer will provide all materials developed under this task to CPM for review and comment. 1. Assessment and Planning Report for energy efficiency educational programs: Implementer will assess the energy efficiency needs for local elected officials and commissions, and identify potential energy efficiency training topics. Implementer will survey existing energy efficiency training provided by SCE, the State of California, and non - governmental organizations and identify any topics not being covered by the existing training providers. Implementer will also include in the assessment rationale for selecting training topics and training participants. After the assessment has been completed, Implementer will provide an implementation plan including a list of targeted attendees, workshop topics, and an initial schedule of training events. Implementer is responsible for enrolling city officials into workshops, and distributing customer satisfaction surveys, and if necessary identifying speakers, renting the facilities, and providing refreshments. 2. Implementation Report for Energy Efficiency Educational Programs: Implementer will hold three energy efficiency workshops. Attendees may range from five to 25 depending on the audience. Implementer will reschedule or cancel the workshop if there are less than three attendees. For each training session, the Implementer will provide the CPM with the following information: • Description of training session including training date and location; • Attendance list, including attendee contact information; • Copies of training materials handouts; and • Results of customer satisfaction surveys Quarterly, Implementer will also update the workshop schedule including a description of the workshop topics. Southern California Edison Company Page: 7 V a .4 City of El Segundo v4.7 Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 2.B. Deliverable(s) Due Date(s) 1. Assessment and planning report for energy NTP plus 120 Calendar Days efficiency educational programs 2. Implementation report for energy efficiency Upon completion of each workshop educational programs with Invoicing Requirements (see Task 5) 3. Monthly status report Monthly with Invoicing Requirements (see Task 5) Task 2.0 — Marketing the On -Line Permitting Service Implementer will market the on -line permitting services and will provide all materials developed under this task to CPM for review and comment. Implementation Plan for the Marketing Strategy for the On -line Permitting Service: Implementer will develop an implementation plan to market the on -line permitting service. The implementation plan will include descriptions of marketing communication vehicles, and a distribution strategy and schedule. Implementer will use city communication vehicles and other marketing vehicles such as brochures, fact sheets, and email to promote the existence of this online service and encourage residents and businesses to use it. Implementer will provide a general brochure with a fact sheet to local homeowners, local businesses and contractors. The fact sheet will describe the on -line permitting service, including fees, instructions, and types of projects that can be permitted online and those that still must be permitted in person. In addition to the consumer - focused marketing efforts, Implementer will also conduct a business - focused campaign targeting contractors, designers and architects. The business focused marketing campaign will be facilitated through the Implementer's Chamber of Commerce, and will also use the Implementer's website. The Implementer will also hold three workshops describing the availability of the on -line permitting service. 2. Report on Implementation of the Marketing Strategy for the On -Line Permitting Service: Implementer will implement the marketing strategy. Implementer will provide copies of all marketing materials and report on the number of brochures and fact sheets distributed. Implementer will also provide a list of attendees, and copies of training materials for completed on -line permitting workshops. Implementer will also track the number and percentage of on -line permits submitted. Implementer is anticipating that a minimum of 10% of building permit requests will be submitted on -line for the third quarter of 2012. Southern California Edison Company Page: 8 . , # City of El Segundo v4.7 Report on Lessons Learned in the Implementation of the On -Line Permitting Service and the Energy Efficiency Educational Programs: Implementer will also analyze the implementation of both the on -line permitting service and the energy efficiency educational programs, including resource requirements, timelines and lessons learned, and present findings to CPM and other local governments. 4. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 2.C. Deliverable(s) Due Date(s) _ ..... . ............... _ .... ... �w 1. Implementation plan for the marketing strategy Within NTP plus 60 Calendar Days of the on -line permitting service 2. Report on im p lementation of the marketin g .................... ��.�.�.�.�.�.� �. �. �. �. ................���._....__.... Monthly with Invoicing Requi rements strategy for the on -line permitting service (see Task 5) 3. le implementation Report on lessons ���.�....� ����� ������.., p learned in the ion �_.......... ..�.�............- - --. By September 30, 2012 with Invoicing of the on -line permitting service and the energy Requirements ( see Task 5) efficiency educational programs _..... 4. Monthly status report .w.... ww_ Monthly with Invoicing Requirements (see Task 5) Task 3 - Strategic Plan Goal 2 Strategic Plan Goal 2: Strong support from local governments for energy code compliance enforcement. ■ Task 3.A. (Strategic Plan Task 2.1.1): "Improve processes resulting in increased code compliance through education, training, and enforcement practices ". Task 3.A — Attend Code Compliance Workshops Implementer will attend code compliance workshops and will provide all materials developed under this task to CPM for review and comment. 1. Code Compliance Training Plan: The Implementer will identify approximately five workshops and send staff, up to twelve people, to two workshops each to increase city expertise in energy efficiency, codes and standards. The primary focus is the existing Statewide Codes and Standards Program workshops offered by the investor owned utilities. If the Statewide Codes and Standards Program workshops do not satisfy Implementer's requirements, Implementer will also evaluate existing code compliance workshops provided by the California Energy Commission, SCE, California Association of Building Energy Consultants, and California Building Officials. For all code compliance training courses, the Southern California Edison Company Page: 9 6 a . ....... ___ ... ...___ .... City of El Segundo v4.7 training plan will also include a description of all courses, identification of the training provider, course schedule, and anticipated number of attendees for each course. 2. Report on Implementation of Code Compliance Training: For each training session, the Implementer will provide the CPM with the following information: • Description of training session including training date and location; • Attendance list, including attendee contact information; and • Copies of training materials handouts; Quarterly, Implementer will also update the course schedule, and the anticipated number of trainees. Report on Lessons Learned from the Code Compliance Training: Implementer's staff will share their knowledge on how to improve code compliance by updating Implementer's Environmental Committee on the workshops, providing recommendations on how to further code compliance, and providing links to relevant web -sites and/or fact sheets. Implementer will provide a summary of recommendations from workshop attendees on how to improve code compliance to CPM. 4. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 3 A. Deliverable(s) Due Date(s) 1. Code compliance training plan NTP plus 120 Calendar Days ..... ........ 2. Report on implementation of code compliance Monthly with Invoicing Requirements training (see Task 5) ....WWW 3. Report on lessons learned from the code Quarterly with Invoicing Requirements compliance training (see Task 5) .... ................. 4. Monthly status report Monthly with Invoicing Requirements see Task 5) Task 4 - Strategic Plan Goal 3 Strategic Plan Goal 3: Local governments lead by example with their own facilities and energy usage practices. Strategic Plan Goal 4: Local governments lead their communities with innovative programs for energy efficiency, sustainability and climate change. Southern California Edison Company Page: 10 City of El Segundo v4.7 • Task 4.A (Strategic Plan Task 4.1.4): "Conduct the energy savings analysis for annual Greenhouse Gas Inventory for the City "; • Task 4.13 (Strategic Plan Task 3.1.1): "Develop energy benchmarking policies and procedures to enable ongoing benchmarking of all local government facilities "; • Task 4.0 (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 4.1) (Strategic Plan Task 3.2.1): "Develop /adopt an energy chapter for City /County climate or energy action plan "; • Task 4.E (Strategic Plan Task 3.2.2): "Adopt a policy to require LEED, Energy Star Ratings, or other program standard for municipal facilities "; and • Task 41 (Strategic Plan Task 3.2.4): "Develop a policy for commissioning and retro- commissioning on municipal facilities ". Task 4.A - Conduct the Energy Savings Analysis for the 2009 Greenhouse Gas Inventory Implementer will conduct the energy savings analysis for the greenhouse gas inventory, and will provide all materials developed under this task to CPM for review and comment. 1. Report on Status of Implementer or Subcontractor to Support the Task: Implementer will submit monthly reports on the status of hiring expertise to conduct the energy savings analysis for the 2009 greenhouse gas inventory. Subcontractor(s) will be hired to complete the greenhouse gas inventory analysis and will train Implementer's staff on how to conduct the analysis. 2. Plan for Conducting the Energy Savings Analysis for Greenhouse Gas Inventory: Implementer has developed an inventory of greenhouse gases for Implementer's facilities for the baseline years, 2005, and 2007. Implementer will coordinate with the South Bay Association of Governments to obtain access to greenhouse gas inventory software. Implementer will provide the CPM with a description of the data collection process and methodology for performing the energy savings analysis for the 2009 greenhouse gas inventory. 3. Report on the results of the Energy Savings Analysis for the 2009 Greenhouse Gas Inventory: Implementer will provide the CPM both the draft and final results of the completion of the 2009 greenhouse gas emissions. Implementer will also provide the draft and final recommended emissions targets and the resulting energy efficiency savings targets for municipal buildings. Implementer will also develop and provide the CPM a policy on the frequency of updating the greenhouse gas inventory. 4. Report on Training Implementer's Staff to Conduct the Analysis: The Subcontractor will train Implementer's staff so that the next analysis can be performed by Implementer's staff. Southern California Edison Company Page: 11 City of El Segundo v4.7 Implementer will provide a description of all training activities including: training date, list of attendees, and training results. 5. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 4.A. Deliverable(s) Due Date(s) 1. Report on status of Implementer or Monthly with Invoicing Requirements Subcontractor to support the Task (see Task 5) to be completed within NTP plus 90 Calendar Days 2. Plan for conducting the energy savings analysis ........ ......... Within 60 Calendar Days of hiring the for the 2009 greenhouse gas inventory Subcontractor 3. Reports on the results of the energy savings ..................... .. ...... Within 8 Calendar Months of hiring the analysis for the 2009 greenhouse gas inventory Subcontractor 4. _._ ......................wawa .wawa. .............. --m Report on training Implementer's staff to w Monthly with Invoicing Requirements conduct the analysis (see Task 5) 5. Monthly status report Monthly with Invoicing Requirements (see Task 5) Task 4.11 — Develop Benchmarking Policy and Implement Benchmarking Analysis Implementer will develop a benchmarking policy and implement benchmarking analysis of Implementer's facilities. Implementer will also provide all materials developed under this task to CPM for review and comment. 1. 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 benchmarking policy, to implement benchmarking analysis and to set -up the utility manager program. 2. Plan for Both Developing the Benchmarking Policy and Implementing the Benchmarking Analysis: Implementer will assess existing benchmarking policies, procedures and resources, and develop a benchmarking policy plan based on the assessment. Since many of the utility manager programs discussed in Task 4.C, below, also have benchmarking capabilities, Implementer will evaluate whether the utility manager program can be used to perform both the benchmarking analysis and the utility program manager functions. Implementer will assess the capabilities of the Energy Star Portfolio Manager Program, LA County's Enterprise Energy Management Information System, and two other utility manager programs to perform benchmarking analysis. Implementer will provide the CPM with the assessment of the benchmarking capabilities for the three utility manager programs and the Energy Star Southern California Edison Company Page: 12 City of 1.11 Segundo v4.7 Portfolio Manager. Implementer will also determine the best utility manager program, based on ease of use by Implementer's staff and the ability to be integrated within the operations of various buildings. Implementer will also identify the software program(s) selected to perform the benchmarking analysis and the utility manager functions and the selection rationale. 3. Final Benchmarking Policy: Using the CPM reviewed benchmarking development plan, Implementer will establish a benchmarking policy for all municipal buildings. The Implementer will also use the results of the energy savings analysis for the 2009 Green House Gas Inventory in Task 4.A as a guide in developing the benchmarking policy. The benchmarking policy will describe the systematic process to efficiently 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 the final benchmarking policy to the CPM. 4. Report on Implementation of the Benchmarking Analysis: Implementer will use the benchmarking software selected in Task 4.13.2, above, to rate the energy performance of Implementer's buildings with similar buildings. Implementer will provide the CPM a summary of the results of the ratings. Implementer will also report on how benchmarking is being used to promote energy efficiency, and how the benchmarking data is being used to develop city budgets. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 4.B. Deliverable(s) Due Date(s) 1. Report on status of Implementer or Monthly with Invoicing Requirements Subcontractor to support the Task (see Task 5) to be completed within NTP plus 90 Calendar Days 2. .................. Plan for both developing the benchmarking Within 90 Calendar Days of hiring a policy and implementing the benchmarking Subcontractor analysis 3. Benchmarking policy Within 120 Calendar Days of hiring Subcontractor 4. Report on implementation of the benchmarking Monthly with Invoicing Requirements analysis (see Task 5) 5. .. ....... _. ...... Monthly status report �..�.. � . Monthly with Invoicing Requirements (see Task 5) Southern California Edison Company Page: 13 4 a %" City of El Segundo v4.7 Task 4.0 — Procure Utility Manager Computer Software Program and Develop Case Study Implementer will procure the utility manager software program, identified in Task 4.B.2, above, to evaluate Implementer's energy usage by building site. Implementer will set up the system so that it is fully functional. Implementer will also develop a utility manager policy statement that will describe the benefits and the long -term objectives of the role the utility manager will play in the Implementer's operations. The policy statement will also include how the system will be used, frequency of analyses and updates, and other operational considerations. Implementer will determine the effectiveness of the benchmarking policy and the utility manager program in helping to identify and implement strategies, which reduce energy usage and carbon emissions by conducting a case study. Implementer will provide all materials developed under this task to CPM for review and comment. Utility Manager Installation 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 develop an utility manager installation planning report, which will include the following sections: • A data acquisition and data transfer plan into the utility manager program; • Identification of the sub - metering data requirements; • A utility manager testing plan; and • A utility manager sustainability plan that shows how the use of the utility manager will continue after 2012. 2. Report on Utility Manager Installation: Installation activities include but are not limited to the following: • Procure the utility manager and the required networking software capability;* • Procure submetering capability, as needed; * • Modifying software technology so that individual municipal buildings and the staff have appropriate on -line access; * • Training the staff on all aspects of data -base operations including: set -up, data transfer, data storage and utility manager 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. * 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 submetering 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. Southern California Edison Company Page: 14 of El Segundo v4.7 Implementer will provide status reports on all utility manager installation activities, and monthly reports from the utility manager system. 3. Report of Utility Manager Training and Maintenance Activities: Implementer will train staff on all aspects of the utility program manager. Implementer will provide a description of training sessions conducted, and a list of attendees. Implementer will also document training effectiveness. Implementer will also describe all maintenance activities to ensure sustainability after 2012. 4. Utility Manager and Benchmarking Policy Case Study: The case study will analyze reductions in energy consumption, carbon emissions and avoided costs, and other financial impacts for two timeframes: 1) baseline or energy usage prior to the implementation of these tools, and 2) program end or energy use approximately two (2) months prior to program end. Implementer will provide CPM with the results of the case study. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 4.0 - Deli verables) Due Date(s) 1. Utility manager installation planning report Monthly starting within 3 Calendar Months of Subcontractor selection, with Invoicing Requirements (see Task 5) 2. _.......... g..._. .. ... ... .. -_ .. Report on utilit y mana ­­ -- - -.. mm ..... Monthly s starting . ....... after CPM review of utility manager planning installation report with Invoicing Requirements (see Task 5) .................... 3. ............................... Report of utility manager training and ....... ..........._.............._._.W Monthly with Invoicing Requirements maintenance activities (see Task 5) 4. ..__...... .... ............ ...... .. ...... .......e Utility manager and benchmarking policy case ........................................... Upon completion of case study(s) with study. Invoicing Requirements (see Task 5) 5. .........M ... Monthly status report Monthly with Invoicing Requirements (see Task 5) Task 4.D — Develop the Energy Action Plan The Implementer will develop the energy action plan using the energy consumption data and analysis for buildings within the city from the benchmarking analysis and the utility program manager software program. The energy action plan will also include goals specifying reductions in energy consumption, energy demand, and green house gas emissions that result from implementing energy efficiency programs and policies. The reductions are based on financial payback analysis and utilize both energy consumption and greenhouse gas results for Southern California Edison Company Page: 15 of El Segundo v4.7 buildings, street lights and traffic signs. Implementer will provide all materials developed under this task to CPM for review and comment. 1. 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 energy action plan. 2. Plan for the Developing the Energy Action Plan: In the plan for developing the energy action plan, Implementer will provide a written memo on the evaluation of industry templates, especially those prepared by non - governmental organizations, and the rationale for selecting the template. Implementer will also describe the quantitative methodology to determine energy savings, and provide a template of the energy action plan. The Implementer will submit the plan to the CPM. 3. Report on Total Energy Consumption: Implementer will provide a report on total energy consumption, and greenhouse gas assessment for buildings, street lights, and traffic signs to CPM. 4. Report on Stakeholder Input: Implementer will incorporate input from the community, local city officials and industrial companies in developing the energy action plan. Implementer shall form working groups, as necessary, and hold as many meetings as needed to finalize the energy action plan. Implementer will describe how stakeholder input was used to refine the energy action plan. For each meeting, Implementer will also provide meeting date, location and contact information of meeting attendees. Develop First Draft of the Energy Action Plan: The Implementer will provide the first draft of the energy action plan including the initial goals on reducing energy consumption. The goals in the energy action plan will be based on meeting the following objectives: 1) recognizes energy efficiency as a high - priority energy resource, 2) makes a long -term commitment to implement cost - effective energy efficiency, 3) broadly communicates the benefits and opportunities for energy efficiency, 4) provides sufficient, timely and stable funding to deliver cost - effective energy efficiency, and 5) modifies policies to align utility incentives with the delivery of cost - effective energy efficiency. Final Energy Action Plan: Implementer will provide the final energy action plan including the recommendations to reduce electricity consumption and greenhouse gas emissions that were presented for adoption by the city council. The Implementer will document the adoption of the recommendations and also provide reasons why recommendations have not been adopted. Southern California Edison Company Page: 16 15 4 .I City of El Segundo v4.7 7. Report on Promoting the Recommendations in the Energy Action Plan: Implementer will document activities to promote the recommendations for reducing energy consumption to the community, city officials and industrial companies. 8. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 4.D. 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 5) ............................................... 2. Plan for the developing the energy action plan Within NTP plus 150 Calendar Days 3. Report on total ener y consum tion Within NTP plus 150 Calendar Days 4. Report on stakeholder input Starting upon CPM review of the plan for developing the energy action plan with Invoicing Requirements ( see Task 5) 5. Develop first draft of the energy action plan Within 120 Calendar Days of CPM review of the plan for developing the energy action plan 6. Final energy action plan - Within 5 Calendar Months of completing the draft energy action plan 7. Report on promoting the recommendations in the Within 120 Calendar Days of energy action plan completing the final energy action plan 8. Monthly status report .. ....... . . . . . . ...... . - . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . Monthly with Invoicing Requirements (see Task 5) Task 4.E - Adopt Leadership in Energy and Environmental Design ( "LEED ") Certification Policy Implementer will develop a LEED certification policy for municipal buildings, and will provide all materials developed under this task to CPM for review and comment. 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 LEED certification policy. 2. Draft LEED Certification Policy: In developing the LEED certification policy, Implementer will evaluate LEED certification policies from other municipalities and non - governmental Southern California Edison Company Page: 17 M City of El Segundo v4.7 organizations. The policy will include description of building characteristics, which would be covered by the policy (for example: new construction versus existing buildings, minimum building size, building age and maximum number of occupants). The policy will also outline parameters on the financial impact to implement the LEED policy, and describe how the LEED policy will be implemented. Implementer will provide the draft LEED certification policy to the CPM. 3. Final LEED Certification Policy: Implementer will provide the final LEED certification policy and evidence that the final policy was presented to Implementer's city council to the CPM. The Implementer will document the adoption of the recommendations and also provide reasons why recommendations have not been adopted. 4. Monthly Status Report: Implementer will provide a monthly report of all on -going activities including a list of monthly achievements and outstanding issues. Task 4.E. 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 5) 2. Draft LEED certification policy Within NTP plus 150 Calendar Days 3. Final LEED certification policy Within NTP plus 240 Calendar Days ............. ... .........._._ ......... 4. Monthly status report Monthly with Invoicing Requirements (see Task 5, below) Task 4.F — Develop Retro- Commissioning ( "RCx ") Policy The Implementer will develop an RCx policy that is consistent with the statewide RCx guidelines published by the California Commissioning Collaborative, and will provide all materials developed under this task to CPM for review and comment. 1. 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. 2. RCx Policy Outline: The Implementer will develop a draft RCx policy outline that complies with the statewide RCx guidelines published by the California Commissioning 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 and /or RCx measures can be performed Southern California Edison Company Page: 18 w & a �a City of El Segundo v4.7 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 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. 3. 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 CPM. 4. Final RCx Policy: Implementer will provide the final RCx certification policy and evidence that the final RCx policy was presented to the Implementer's city council to the CPM. The Implementer will document the adoption of the recommendations and also provide reasons why recommendations have not been adopted. 5. Monthly Status Report: Implementer will provide a monthly report of all on -going activities Task 5 — Invoicing and Reporting A. IR Tool: After SCE provides Implementer training on the IR Tool, the Implementer will utilize the IR Tool, which serves three primary purposes: 1. Enables Implementer to provide SCE with required Program information; 2. Provides CPM the capability to access Implementer's Program information and create reports; and 3. Provides miscellaneous reporting support for SCE's internal and CPUC reporting requirements. Southern California Edison Company Page: 19 including a list of monthly achievements and outstanding issues. Task 4.F. 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 5) 2. RCx policy outline Within NTP plus 150 Calendar Days . . . . . . 3. . . . . . ..................... Draft RCx policy Within NTP plus 9 Calendar Months 4. Final RCx policy Within NTP plus 12 Calendar Months 5. Monthly status report Monthly with Invoicing Requirements _._._._.._......_ ...... _ ........ ...... see Task 5) . ....... __... ...... ...- ................ _n Task 5 — Invoicing and Reporting A. IR Tool: After SCE provides Implementer training on the IR Tool, the Implementer will utilize the IR Tool, which serves three primary purposes: 1. Enables Implementer to provide SCE with required Program information; 2. Provides CPM the capability to access Implementer's Program information and create reports; and 3. Provides miscellaneous reporting support for SCE's internal and CPUC reporting requirements. Southern California Edison Company Page: 19 1 4m�a4 City of El Segundo v4.7 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 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 provide such other reports or documentation that SCE deems appropriate or necessary ( "Ad Hoc Reports "). Implementer will comply with any request for such Ad Hoc Report(s) within a reasonable time or, if applicable, within the time requested by SCE. Deliverables) Due Date(s) 1. Prepare and submit monthly invoices and Monthly, by the 15th Calendar Day for supporting documentation to SCE. Work completed the preceding month 2. Prepare and submit monthly regulatory Monthly, by the 15th Calendar Day for report, including flat files and monthly Work completed the preceding month deliverable work sheet. 3. Prepare and submit Quarterly regulatory Quarterly, by the 30t" Calendar Day for reports (Appendix B) to SCE Work completed the preceding quarter, through October 31, 2012 4. Prepare and submit Ad Hoc Reports As SCE requests and/or requires 5. Prepare and submit final invoice and By November 15, 2012 for final invoice and by October 31, 2012 for final Southern California Edison Company Page: 20 II III 5 7• City of El Segundo v4.7 Program Report to SCE I Program Report Task 6 - Ramp -Down and Shut -Down Program A. Program Ramp -Down: 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 described in Tasks 1, 2, 3, 4, and 6 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. 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(.) 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 3. Begin Program ramp -down No later than September 1, 2012 4. Complete all services — Tasks 1, 2 , 3 ,4, and 6 No later than October 15, 2012 Task 7 - Submit Final Program Report After Program shut -down and follow -up issues have been completed and resolved, the Implementer will submit a final report that reviews the Program's progress and accomplishment (the "Final Report"). At a minimum, the Final Report will cover: A. Goal Attainment: Documentation that substantiates the Implementer's achievement of the objectives, Program Performance Indicators, and deliverables for the Contract. B. Program Achievement Discussion: Were the goals /objectives met? Were the Program Performance Indicators achieved? Complete Program achievement for each Program Performance Indicator and deliverable indicating the measureable Program accomplishments. Southern California Edison Company Page: 21 City of El Segundo v4.7 C. Program Challenges: What were the significant obstacles that were overcome? 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, 2012 and approval ............... 2. Submit revised Final Report for SCE review The earlier of October 31, 2012, or within 2 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 budgeted by SCE for this Contract of $486,500. Table 1: Implementer T &M Fully Burdened Hourly Billing Rate: N I �WWry Kat� „ ii ,,,,, , ,,,��� %„ „ �ca+r „Tob,`unti+�n 145,�� x Senior Consultant $145 N/A Director of Public Works $125 5% Director Of Planning and Safety $125 4% Director of Finance $125 2% Principal Engineer $100 4% Senior Planner $100 6% Building Official $100 4% Southern California Edison Company Page: 22 Pro ram manager Permit Technician City of El Segundo v4.7 $75 70% 5% Notes: 1. Please refer to Contract Section 10.2.2 for more information on T &M Fully Burdened Hourly Billing Rates 2. Subcontracted Work shall be charged at the hourly rates actually paid by Implementer, not to exceed the hourly rates set forth in the Contract for Work performed by the Implementer. Implementer shall provide Subcontractor invoices for any Implementer's invoice that includes Subcontractor costs. Table 2: Implementers Budget Breakdown Notes: 1. Please refer to Appendix B for more information on Allowable Cost categories. SECTION 7: PERFORMANCE INDICATORS SCE will, at a minimum, monitor the Work based on the following Program Performance Indicators: A. Progress made against the goals, deliverables, and due dates above; and B. Actual performance versus predicted performance as outlined herein. Southern California Edison Company Page: 23 City of El Segundo v4.7 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 7) 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 1. Implementer uploads their Customer flat files into the IR Tool. The IR Tool creates a draft invoice for Implementer's review. 2. CPM reviews the draft invoice and advises the Implementer to re- submit their invoice if requested. Implementer is required to submit the following files to SCE by the 15th Calendar Day of each month with each of their invoice submission: • Invoice — Hard Copy and electronic copy uploaded into the IR Tool; • Program Tracking Flat File — Uploaded electronically into the IR Tool; • Financial Flat File — Uploaded electronically into the IR Tool; • Monthly Narrative - Hard Copy with invoice submission; • Deliverable Table — Uploaded electronically. • Allowable Cost Table (see Appendix B) — Hard Copy with invoice submission; and • Supporting documentation — Uploaded electronically into the IR Tool. 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: Southern California Edison Company Page: 24 4 City of El Segundo v4.7 • Administrative activities; • Marketing activities; • Direct Implementation activities; • 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; • Changes to Subcontractors and Subcontractor responsibilities, if any; and • Number of Program complaints received. 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