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06185 - NEWCOMB ANDERSON MCCORMICK INC THIRD PARTY REVIEW OF ENERGY CONSERVATION MEASURES ETC.
Kathie Hart From: Marcus Fuller Sent: Thursday,June 23, 2016 5:48 PM To: Kathie Hart Cc: Tabitha Richardsr Subject: RE:A6185, Newcomb-Anderson-McCormick v yes Marcus L. Fuller, MPA, PE, PLS \40 Assistant City Manager/City Engineer ,�+re City of Palm Springs E iV 3200 E. Tahquitz Canyon Way CALIFORHIp Palm Springs, CA 92262 (760) 322-8380 Like no place else." Marcus.FullerCrDPaimsprinpsca.gov From: Kathie Hart Sent: Wednesday, June 22, 2016 4:59 PM To: Marcus Fuller Cc: Tabitha Richards Subject: A6185, Newcomb - Anderson - McCormick This is for Third Party Review of Energy Conservation Measures. The agreement expired in 2015. C K to close this file? /Cathie Kathie Hart, MMC Chief Deputy City Clerk 2x m zl- yft', CAI.IFORiJIA bie MO 0 0<4 eiw.' City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way (760) 322-8332 Palm Springs,CA 92262 G Kathie.Hart@Pcilm5pringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 1 i AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 6185 WITH NEWCOMB ANDERSON MCCORMICK THIRD PARTY PEER REVIEW OF ENERGY CONSERVATION MEASURES CONSTRUCTION COST ESTIMATES AND ENERGY SAVINGS CITY PROJECT NO. 09-05 The following articles of Agreement No. 6185 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Fifty-One Thousand Two Hundred Dollars ($51,200.00). SCOPE OF SERVICES (Exhibit "A")— Exhibit"A" is amended as follows: The Consultant shall provide the additional services in accordance with the Consultant's letter dated April 24, 2012, attached hereto. SCHEDULE OF COMPENSATION (Exhibit"D")— Exhibit"D" is amended as follows: The total contract amount shall not exceed $51,200, including all hourly and direct costs. Purchase Order Number(s): 12-0713 Agreement Number: 6185 Original Approval: December 14, 2011 Original Contract Amount: $ 25,000 Amount of Previous Increase(s) $ 0 Amount of This Increase $ 26,200 Amended Total: $ 61,200 Account Number(s): 138-1270-43200 $26,200 SIGNATURES ON LAST PAGE ORIGINAL BID AND/OR AGREEMENT Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 6185 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk�Xo t !I%I2DI Z By. �Ml City Manager APPROVED AS TO FORM: By: APPROVED BY CITY COUNCIL 'City Attorney CONTRACTOR: Newcomb Anderson McCormick �O Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,or any Vice President.The second sl ature must be from the Secretary,Assistant Secretary,Tr surer,A 6istant T urer,or Chief Financial Officer). Notarized SigrMture of Chairman of Board, Notarized Signature Secrete Asst Secretary, President or any Vice President Treasurer,Asst treasurer or C ief Financial Officer Name( oe'/r/ ('L r��fL�tr"r'r�� Name: PI"&-- 1'� "50,) Title: �Qi f/O/r'.,-7— Title: l 4v— State of l'1F�1 r� State of "" ly'OI�I^ Co u ty of5; 7-T; 't'C"��SsT ��,m County d; On �7 1befe me. ✓l/. l✓ �k3� G orf� Z7 i�efore me, i/��vl }�-+V�tL".' personally appeared �' '7 personally appeared �� ���- r " '"_y�'N who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the persorr(.$)whose name(*is/are subscribed to the within the persons 4 whose nama(a) is/are subscribed to the within instrument and acknowledged to me that he/sheHhey instrument and acknowledged to me that he/sha,Ahey executed the same in his/her/thcir authorized capacity(ies), executed the same in hisA%Aitheiir authorized capacity(ies), and that by his/h@Wd76r signature(s}on the instrument the and that by his/WrJtheir signatures) on the instrument the person(c); or the entity upon behalf of which the person(s) personal, or the entity upon behalf of which the persona) acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official see VI/ vv Notary Signature: Notary Signature: Notary Seal: Notary Seal: W. TURNEY Commission # 1927476 t W. TURNEY ¢ s r-. Notary Public - California > Qat Commission # 1927476 San Francisco County z c�'�'•. No ary Pu'oiic-California a �My Comm. Expires Mar 31,2015J zK�� San Francisco County -F My Comm.Expires Mar 31,2015 EXHIBIT "A" ADDITIONAL SCOPE OF SERVICES N100=41scal Newcomb I Anderson McCormick F N E R 5 °NCANEEg NG oND GON3 ,L' N3 April 24, 2012 Mr. Marcus L. Fuller, P.E., P.L.S. Assistant City Engineer/Assistant Director of Public Works City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92263-2743 Subject: 2451.01(A) Review of Chevron Energy Project—Additional Services Dear Marcus: Thank you for the opportunity to provide this proposal to the City of Palm Springs for additional engineering services and coordination related to the technical review of the proposed Chevron Energy Project. The initial scope of work included the technical review of the Comprehensive Energy Analysis for the proposed project, and the findings were that the overall proposal is reasonable, although some points of concern were found as outlined in the Draft Report delivered to the City. Subsequent meetings and conversations have revealed additional needs for clarification beyond the technical review scope, and warrants further analysis and discussion. Accordingly, Newcomb Anderson McCormick (NAM) is pleased to offer the following professional services with the ultimate goal of ensuring the City of Palm Springs has a fully investigated all aspects of the project and contractual arrangement, such that the City Council can make an informed decision on project approval. We propose the following additional scope of work prior to finalization of the report: - NAM will review the detailed pro-forma provided separately from the Comprehensive Energy Analysis(CEA)and advise the City on its congruency with the CEA. - NAM will investigate the pros and cons of completing the proposed project as a Design-Build project, compared to a Design-Bid-Build. The findings will be presented to the City Staff Subcommittee and Staff in a qualitative manner sufficient to determine the benefits and risks of each approach. - NAM will investigate and quantify the magnitude of potential impacts of AB32 related to cogeneration and qualification as a regulated entity. - We will assist the City to develop resolutions for report findings on M&V plans, construction oversight and contract risk issues in preparation for negotiations with Chevron Energy Services - NAM will provide assistance to the City with contract negotiations related to our report findings through advice and meetings with Staff and Chevron. - NAM proposes to conduct up to two additional meetings with City Council subcommittee and Staff to address additional questions and concerns. 201 Mission Street.Suite 2000. San Francisco.CA 94105 T 415.896,0300 F�415.896.1900 Page 2 of 2 P—2401.06 NAM proposes to conduct this work as a change order to our existing contract at the established time and materials rates. The total cost of these additional services, inclusive of direct costs shall not exceed $26,200. We stand ready to begin work immediately, and look forward to this important project. Sincerely, John M. Newcomb Principal Newcomb I Anderson I McCormick 201 Mission Street. Suite 2000. San Francisco,CA 94105 T 415.896.0300 F 415896.1900 ORIGINAL CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT THIRD PARTY PEER REVIEW OF ENERGY CONSERVATION MEASURES CONSTRUCTION COST ESTIMATES AND ENERGY SAVINGS THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this Zj'' day of -%7*MVAJP-1 , 20M, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Newcomb Anderson McCormick. Inc.. a California corporation, (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." RECITALS A. City has determined that there is a need for third-party peer review of cost estimates, and confirmation of resulting energy savings to be realized from energy conservation measures ("ECM"s) to be implemented by the City, as may be proposed by the City's energy service company ("ESCO")Chevron Energy Solutions ("CES"), (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide professional services to City for the Project pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit 'A" which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services' or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents." The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto as Exhibits 'B"and "C," respectively, are hereby incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's Proposal shall be binding on the Parties. Should any conflict or 793626.1 inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1s`) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposals (Exhibit"B"); (3 d) the terms of this Agreement; and, (41h) the provisions of the Consultant's Proposal (Exhibit"C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.4 Licenses, Permits. Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c)fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the 793626.1 City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein. 2.0 COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered pursuant to this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached hereto as Exhibit"D" and is incorporated herein by reference, but not exceeding the maximum contract amount of Twenty-Five Thousand Dollars. ($25.000) (hereinafter referred to as the "Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation therefore, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified herein. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, consultant shall nevertheless complete the Work without liability on the City's part for further payment beyond the Maximum Contract Amount. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45)days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a)to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. 793626A If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance(Exhibit"E"). 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "E" and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant(financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services but not exceeding three (3)years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by mutual written agreement of the Parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Curtis P. Schmitt, P.E. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's 793626.1 responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assianments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for 793626.1 compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made' basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full 793626.1 force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00)and two million dollars($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00)for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 793626.1 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and proposal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 793626.1 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." (as respects City of Palm Springs Contract No.—. or for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City' may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole 793626.1 cost and expense), protect and hold harmless City and its officers, council members, officials, employees, agents and volunteers and all other public agencies whose approval of the Project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders, and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included)and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's performance of, or failure to perform, any term, provision, covenant, or condition of this Agreement ("Indemnified Claims'), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness, or willful misconduct of the City, its officers, council members, officials, employees, or agents. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims arising out of Consultant's services under this Agreement. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims arising out of Consultant's services under this Agreement" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. In the event a final judgment, arbitration award, order, settlement, or other final resolution expressly determines that Claims did not arise out of, pertain to, nor relate to the negligence, recklessness, or willful misconduct of Consultant to any extent, then City shall reimburse Consultant for the reasonable costs of defending the Indemnified Parties against such Claims, except City shall not reimburse Consultant for attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending Consultant or any parties other than Indemnified Parties against such Claims. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 793626A 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3)years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt 793626.1 of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.6, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 793626.1 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CONFLICTS OF INTEREST; NON-DISCRIMINATION 9.1 General Requirement Consultant covenants that Consultant, its officers, principles, and employees presently have no interest and during the term of this Agreement and for one year thereafter will not acquire any interest, direct or indirect, which might conflict or compromise in any manner or degree with the performance of the Consultant's Services under this agreement. Consultant warrants that it has not paid or given and will not pay or give, nor has it been paid or received and will not accept or receive any money or other consideration to or from any third party, including without limitation ESCO for obtaining or providing services under the terms of this Agreement. 9.2 Specific Requirement Neither Consultant nor any firm of which any officer, director, supervisory employee, or principal stockholder of Consultant is an officer, director, supervisory employee, or principal stockholder or owner, or of which Consultant is a principal stockholder or owner shall, during the term of this Agreement and until final payment for the services provided for herein is made by City, and for one year thereafter, make or cause to be made, without the prior written approval of City, any interest of any kind in ESCO or any affiliate, subsidiary, or successor For purposes of this provision, the term `principal stockholder or owner"shall mean any stockholder holding one percent(1%)or more of the capital stock of such corporation in his or her or its own name or that is held directly or indirectly for his or her or its accountant or a one percent (1%) or more ownership of or interest in any firm either in his or her or its own name or directly or indirectly for his or her or its accountant. 9.3 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.4 Conflict of Interest of City Officers and Employees. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. 9.5 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; 793626.1 recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Ci City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 793626.1 To Consultant: Newcomb—Anderson— McCormick, Inc. 201 Mission Street, Suite 2000 San Francisco, CA 94105 Attention: John Newcomb Telephone: (415) 896-0300 Facsimile: (415)896-1900 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) 793626.1 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA By City Clerk City Manager Date: o r�L3�Lo/Z Date: APPROVED BY CITY COUNCIL APPROVED TO FORM: By City Attorney APPROVED BY CITY MANAGER Date: /z- )-oil Pk I �b1Y CONSULTANT Name: Newcomb Anderson McCormick, Inc. Check one: _Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 201 Mission Street, Suite 2000 San Francisco, CA 94105 _ By:_( Signature ( tarized) Signature (notarized) Name: it L R 7'� gindcre, W Name: 6NN L hieCormLe (� Title: S-e G r c a r./ Title: e, - Pr r-5 i de o f 6� Not to Exceed Without The Express Written Authorization Of The City Manager 793626A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 1 County of JaI, }Yah��jCO JSQ ` On III-allm before me, &\ p rlel10 Snsnt nCTi �Na Dace personally appeared who proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheRhey executed the same in histherPoteir authorized :11M RODRIGUES capacity(ies),and that by his/herlthe r signatuie(s)on the 1MA>eteato95instrument the person(s), or the entity upon behalf of Af • Twhich the persons)acted,executed the instrurrtent. F�Yea FEa.27,2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my heAd and official seal. haw uoury seal aecva Signatu reL OPTIONAL Though the information below is not mqu#ed by law,h n7ay Prins varuabte to persons relying on the document and could prevent haudWent removal and reattachment of hWs form to another document. Description Of Attach Document Title orType of Document--__ Document Date: _._.._. Number of Pages: Signer(s)Other Than Named Above: Capacity(fes)Claimed by Signer(s) Signer's Name: __--_-- Signers Name:__ v Individual I_individual .. Corporate Officer—Tiffe(s): i Corporate Officer—Title(s): G Partner—0Limited ❑General EIPartner——_Limbed L General Li Attorney in Fact L Attorney in Pact 1 Trustee Tap©:thumb here Trustee Too of tft^ hem u Guardian or Conservator a Guardian or Conservator - Ci Othec_.W L]Othen � Signer Is Representing: j Signer Is Representing: Ll i 6axYl naOWlFkpry AswtlYbn•999•fa soW ise.,P.Q 6a2dC2 rCheivwnh.CA B1313�M•vrawNe`umaWdarypg km Y�OT RE4Utlr:Cel TdLrxe1304878M7! General Scope — Consultant shall provide the City with third-party peer review of a bundled energy 793626.1 EXHIBIT "A" SCOPE OF SERVICES General Scope — Consultant shall provide the City with high level third-party peer review of a bundled energy management project proposed to the City by its energy service company ("ESCO") — Chevron Energy Solutions ("CES"), pursuant to a City-wide energy audit prepared by CES. Consultant shall provide third-party peer review of cost estimates of energy conservation measures ("ECM"s), and confirmation of resulting energy savings to be realized from the ECM's to be implemented as may be proposed by the City's ESCO. Third-party peer review of CES's bundled energy management project is critical to the City ensuring that its energy management project achieves the most energy efficiencies at the lowest overall cost. The bundled energy management project to be proposed by CES will be implemented as an energy conservation / alternative energy project pursuant to California Government Code 4217.10 - 4217.18, as a performance based "design/build" contract with guaranteed energy savings, where the energy savings equal or exceed the capital cost to implement the ECM's. Consultant shall provide the City with independent verification whether the cost of the ECM's and resulting energy savings as estimated by CES are reasonable in accordance with industry standards. The general scope of ECM's to be included in the bundled energy management project to be the subject of third-party peer review may include (subject to City Council approval): • Rehabilitation of the City's existing 1,300 kW co-generation plant (at City Hall) with a more energy efficient system including a new 1,100 kW lean-burn engine, dual-purpose absorption chiller and other equipment; • Modification of the City's existing 650 kW co-generation plant (at Sunrise Park) from a co- generation plant to an electric plant with new chiller, boilers and other equipment; • Interior and exterior lighting retrofits (approximately 14,000 fixtures City-wide); • HVAC mechanical upgrades at various City buildings; • Irrigation water controls management; • Energy Management/Building Control system; • Automated energy billing/metering of City facilities served by the City Hall co-generation plant; • Installation of 100kW solar photo-voltaic system at the Convention Center (This list is not all-inclusive and is subject to change. The exact list of ECM's which are the subject of the third-party peer review will be provided to the Consultant upon the City Council's approval of the scope of ECM's to be included in the bundled energy management project). Technical Scope of Work Task 1 —Preparation Phase Upon City's Notice to Proceed, Consultant shall work with the City to confirm or fine tune the overall proposed schedule for the project and schedule the necessary resources. As a result of this initial coordination, a kick off meeting shall be scheduled to include the Consultant's Project Manager and key technical staff, as well as representatives from the City and Chevron Energy Solutions. The kickoff meeting will align the expectations of all parties, outline the project schedule, review the proposed energy projects at a high level, coordinate the gathering of necessary documentation for review, establish points of contract and foster a cooperative working environment. Exhibit"A" 793626.1 EXHIBIT "A" SCOPE OF SERVICES From the contacts and methods established at the kickoff meeting, Consultant shall gather all of the necessary documentation and information to begin the review. The basis for the review will be the formal proposal and supporting energy calculations, cost estimates and models provided by Chevron Energy Solutions. Task 2—Detailed Peer Review Upon receipt of the necessary documents the detailed review of the proposed project shall commence. Because the proposed project is anticipated to be a comprehensive set of measures, including lighting, HVAC, water, solar generation, cogeneration and other measures, Consultant shall approach project reviews in multiple parallel paths. Utilizing Consultant's breadth of expertise, different project types shall be assigned internally by the Consultant's Project Manager to utilize the experts in each area. Consultant's engineers assigned to review measures shall review the proposed project, paying particular attention to the technologies being proposed with respect to current industry trends and best practices. Facility and equipment information and condition will be considered to establish the reasonableness of the baseline conditions assumed in the energy calculations. Consultant's vast experience with peer review and technical due diligence reviews will allow Consultant to quickly establish if the assumed baseline conditions match the stated site conditions, and assess the impact on the energy savings. Any anomalies or questionable assumptions will be noted for follow up, and their potential risks to the savings will be assessed. The energy savings calculations and energy models will be reviewed to determine compliance with industry accepted practices, reasonableness and congruency with the stated scope of work. The operating parameters, such as hours of operation and HVAC setpoints, will be checked for reasonableness against the operational parameters gathered earlier and total energy consumption modeled will be compared to utility data where available. During the review of the proposed projects, the proposed measure will not only be evaluated for its energy savings potential from the technical standpoint, but also from the operational perspective to identify if the savings will persist. Potential factors that could influence the persistence include end user perceptions, maintenance requirements of equipment, interaction with other measures and the useful life of the proposed measure itself. The end result will be fully vetted projects with an assessment of the overall benefits to the City from a real world perspective. Consultant's engineers shall also assess the proposed design of solar PV systems. Consultant shall verify forecast production and generate an estimate of utility savings as a point of comparison to the proposed financials. Consultant shall use conservative values for key economic assumptions, such as the annual escalation rate of utility costs, ensuring promised savings are achievable. Consultant shall also review high-level system designs for robustness, use of sound engineering principles, and quality of key components. Consultant shall review the proposed pricing for all the measures and at the program level overall. Consultant anticipates receiving project costs in sufficient detail to distinguish construction costs from the soft costs, and allow for review of costs at a measure level. Consultant's experience with hundreds of current projects and understanding of industry trends will allow Consultant to accurately assess if this pricing is realistic for given measures based on the current market. Furthermore, the soft costs (construction management, engineering, general conditions, etc.) will be compared relative to similar projects Consultant had overseen in the public sector, especially as delivered by Energy Services Exhibit"A" 793626.1 EXHIBIT "A" SCOPE OF SERVICES Companies. Consultant shall provide the City with a comprehensive understanding of the reasonableness of the program costs as a whole. Consultant shall attempt to clarify any missing or unclear information on energy savings, cost savings or pricing. Consultant shall identify and resolve any unknowns during the review, so that at the end of the project Consultant shall provide the City with a complete understanding of the proposal, not a list of action items to address. Where possible, clarifications will be made with Chevron, but it may also be valuable to leverage the site specific knowledge of City staff. Consultant recognizes the importance of the Monitoring & Verification (M&V) plan as part of a performance contract and savings guarantee, as the contract with Chevron Energy Solutions is anticipated to be. Consultant will review the proposed measurement and verification plan determining the appropriateness of the approach for each measure and compliance with International Performance Measurement & Verification Protocol (IPMVP). Consultant shall identify the impacts and risks associated with stipulated portions of the plan versus full measurements, and make appropriate recommendations to protect the interests of the City. Consultant will review the contract and savings guarantees to identify the potential risks to the City. Consultant will review to ensure the appropriate linkage to the proposed M&V Plan, and identify potential "loopholes" which are often included in the contracts to shift liability away from the ESCO. Consultant shall identify and explain these risks if they exist. Task 3—Summarize Findings and Recommendations All of the resulting findings from the various projects and reviews will be collected and will be reviewed with the Consultant's Project Manager for quality control purposes and assembled into a single report. The findings and recommendations will be assembled into a clear and concise report with an executive summary, and detailed explanations for each finding. Consultant shall provide the City with a draft report for review and comment before finalizing the report. END OF EXHIBIT "A" Exhibit"A" 793626.1 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE 793626.1 CITY OF PALM SPRINGS, CA NOTICE INVITING PROPOSALS FOR RFP#11-11 THIRD PARTY PEER REVIEW OF ENERGY CONSERVATION MEASURES CONSTRUCTION COST ESTIMATES AND ENERGY SAVINGS NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting proposals from qualified professional firms to provide the City with third-parry peer review of a bundled energy management project proposed to the City by its energy service company ("ESCO") — Chevron Energy Solutions ("CES"), pursuant to a City-wide energy audit prepared by CES, (hereinafter the "Project"). The selected firm will be expected to provide third-party peer review of cost estimates of energy conservation measures ("ECM"s), and confirmation of resulting energy savings to be realized from the ECM's to be implemented as may be proposed by the City's ESCO. PROJECT LOCATION: Various City facilities located in Palm Springs, California. SCOPE OF SERVICES: The scope of work of this project includes third-party peer review of cost estimates, and confirmation of resulting energy savings to be realized from the ECM's to be implemented, as may be proposed by the City's ESCO, CES. OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded via the internet at www.paimspringsca.gov (go to Departments, Procurement, Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-8373. Upon downloading the RFP via the internet, contact Cheryl Martin, Procurement Specialist I, via email at Cheryl.Martin@palmspdngsca.gov to register as a firm interested in this project. Failure to register may result in not receiving addenda to the RFP. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP)format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal best meets the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, may be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, THURSDAY, MAY 26, 2011. The receiving time in the Procurement Office will be the governing time for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted. Reference the RFP document for additional dates and deadlines. Late proposals will not be accepted and shall be returned unopened. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. Craig L. Gladders, C.P.M., Procurement&Contracting Manager May 5, 2011 RFP#11-11 Page 1 of 9 ate"" i CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS (RFP)#11-11 THIRD PARTY PEER REVIEW OF ENERGY CONSERVATION MEASURES CONSTRUCTION COST ESTIMATES AND ENERGY SAVINGS Requests for Proposals (RFP #XX-XX), for third-party peer review of energy conservations measures for the City of Palm Springs, CA, (hereinafter the 'RFP") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, THURSDAY, MAY 26, 2011. It is the responsibility of the respondent to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed or emailed RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Respondent to this RFP process per the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting proposals from qualified professional firms to provide the City with third-party peer review of a bundled energy management project proposed to the City by its energy service company ("ESCO") — Chevron Energy Solutions ("CES"), pursuant to a City-wide energy audit prepared by CES, (hereinafter the "Project"). The selected firm will be expected to provide third-party peer review of cost estimates of energy conservation measures ("ECM"s), and confirmation of resulting energy savings to be realized from the ECM's to be implemented as may be proposed by the City's ESCO. Third-party peer review of CES's bundled energy management project is critical to the City ensuring that its energy management project achieves the most energy efficiencies at the lowest overall cost. The bundled energy management project to be proposed by CES will be implemented as an energy conservation / alternative energy project pursuant to California Government Code 4217.10 - 4217.18, as a performance based "design/build" contract with guaranteed energy savings, where the energy savings equal or exceed the capital cost to implement the ECM's. The selected firm will be expected to provide the City with independent verification that the cost of the ECM's and resulting energy savings as estimated by CES are reasonable in accordance with industry standards. The general scope of ECM's to be included in the bundled energy management project to be the subject of third-party peer review may include (subject to City Council approval): • Rehabilitation of the City's existing 1,300 kW co-generation plant with a more energy efficient system including a new 1,100 kW lean-bum engine, dual-purpose absorption chiller and other equipment; • Interior and exterior lighting retrofits(approximately 10,000 fixtures City-wide); • HVAC mechanical upgrades at various City buildings; RFP#11-11 Page 2 of 9 • Irrigation water controls management; • Energy Management/Building Control system; • Automated energy billing/ metering of City facilities served by the co-generation plant; • Installation of 100kW solar photo-voltaic system (This list is not all-inclusive and is subject to change. The exact list of ECM's which are the subject of the third-party peer review will be provided to the selected firm upon the City Council's approval of the bundled energy management project). The preliminary estimate of energy savings to be realized by the proposed ECM's is approximately 1.8 Million kWh. SCHEDULE: Notice requesting Proposals posted and issued ........................................................May 5, 2011 Deadline for receipt of Questions .................................Wednesday, May 18, 2011, 3:00 P.M. Deadline for receipt of Proposals......................................Thursday, May 26, 2011, 3:00 P.M. Short List/ Interviews/, `if desired by City...........................................................to be determined Contractaward.................................................................................................... to be determined NOTE. There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. 2. BACKGROUND: On July 21, 2010, the City Council approved an agreement with CES to provide the City with Energy Management Services resulting in a comprehensive energy audit to develop a set of programs that will be combined as a performance-based single energy project with the intended purpose to save energy, reduce greenhouse gas emissions and cut the City's energy and maintenance and capital equipment expenditures throughout all of the City's facilities, including two co-generation plants. Subsequently, CES has performed its audit and developed a set of ECM's to be included in a bundled energy management project. Prior to the City approving implementation of the ECM's by CES, the City requires third-party peer review of cost estimates, and confirmation of resulting energy savings to be realized from the ECM's to be implemented. 3. SCOPE OF WORK: The scope of work of this project includes third-party peer review of cost estimates, risk assessments, and confirmation of resulting energy savings to be realized from the ECM's to be implemented, as may be proposed by CES. The scope of work is further identified as follows: Pricing Review— Review CES provided program costs for reasonableness and insure that they are market based. Check special and general conditions for reasonableness and spot check hours assigned to tasks. Review both professional services as well as trade costs considering: • Preconstruction design/engineering Construction design/engineering Project management • Permitting and fees • Safety • Utility coordination Trade costs • Design and engineering • Subcontractor cost RFP#11-11 Page 3 of 9 General conditions/requirements Contractor design/construction contingency Bonds Financing costs Capital costs escalation Supervision Insurance • Commissioning • Utility incentive application and management of incentives • Operation and maintenance costs Risk Assessment — Review overall project approach presented by the CES team to identify which risks are transferred to CES and which remain with the City. Review CES contract and determine if terms and conditions are reasonable. Assess overall project staffing and delivery strategy for risk factors that could have impact on cost, schedule, performance, safety and incentives/guarantees. Project Management — Review CES internal controls, forecasts and procedures for contracting. Determine selection criteria and process for CES sub consultants and subcontractors. Review project design and construction schedule for reasonableness and capability of execution. Savings Review - Confirm the savings CES proposes are realistic and achievable. Review savings model and whether it reconciles to industry standard. Assess feasibility to achieve energy savings and incentives as proposed. Review energy savings measurement and evaluation procedures. Review any CES guarantees proposed. 4. PROPOSAL REQUIREMENTS: The firm's proposal should describe the methodology to be used to accomplish each of the project tasks. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP. 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the services requested by this RFP. The City shall review the proposals submitted in reply to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. 6. PROPOSAL EVALUATION CRITERIA: This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm, the associated cost proposal RFP#11-11 Page 4 of 9 will be used as a basis for contract negotiations. A contract shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects An Evaluation Committee, using the following evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. The Evaluation Committee may request, if desired by City, formal presentations/interviews from short listed firms at a future date of which the format and presentation evaluation criteria shall be provided at the time of short listing. Participation in any phase of this RFP process, including the interview phase if conducted, is at the sole expense of the firms replying to this RFP. The City shall NOT be responsible for any costs incurred by any firm in response to, or participation in, this RFP. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Project Understanding (35 POINTS): The firm's proposal adequately demonstrates an understanding of the Project and familiarity with coordinating third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). Provide a technical scope of work that accomplishes the general scope of work identified in the RFP. The firm has routinely studies the critical success factors that separate successful construction projects from those that experienced problems. The firm must have experience evaluating complex, high profile projects in the public sector, focusing on energy savings using new technologies in the area of cogeneration, solar, high efficiency lighting, controls and water savings performance contracting programs. B. Project Management(25 POINTS): Qualifications of the Project Manager assigned to manage and provide oversight of all aspects of the Project; experience with performing third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). Project Manager is highly educated and experienced in the fields of project and construction management, business administration and policy, audit, risk management, law, dispute resolution, sustainability, finance, planning and development, and architecture and engineering. C. Staff Qualifications—(25 POINTS): Qualifications of the staff assigned to perform third-party peer review of ECM's proposed by energy service companies("ESCO"s). Assigned staff is highly educated and experienced in the fields of project and construction management, business administration and policy, audit, risk management, law, dispute resolution, sustainability, finance, planning and development, and architecture and engineering. D. Project Schedule (10 POINTS): RFP#11-11 Page 5 of 9 Consultant's proposed schedule to perform third-party peer review of ECM's proposed by another energy service company ("ESCO") can be reasonably achieved no later than 4 weeks of receipt of the ECM's to be implemented by the City. E. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section EA below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0)points for this criteria. 7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The proposals must be in an 8 % X 11 format, may be no more than a total of twenty (20) pages (sheets of paper, double sided is OK), including an organization chart, staff resumes and appendices, and cover letter. NOTE: Dividers, Attachments included in this RFP to be submitted with the proposal, and Addenda acknowledgments do NOT count toward the 20 page limit. Interested firms shall submit SIX (6) copies (one marked "Original" plus five copies) of its proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, "RFP #XX-XX, REQUESTS FOR PROPOSALS FOR THIRD PARTY PEER REVIEW OF ENERGY CONSERVATION MEASURES". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Work Proposal..Proposals not meeting the above criteria may be found to be non-responsive. Each proposal package must include two separately sealed envelopes. Envelope#1, clearly marked "Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment(see Attachment A) • Technical proposal — describe in detail your approach and understanding of all necessary tasks and steps involved in the project; include a list of deliverables • Related Experience; include relevant experience date, name of agency, and reference name/contact information • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. Envelope#2, clearly marked "Cost Proposal", shall include the following item: • Cost proposal — provide a Cost Proposal that includes all costs associated providing the requested services. • Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment"A" is to be included in Envelope#1, "Work Proposal". At a minimum, firms must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. SECTION A: PROJECT UNDERSTANDING A.1 Without reciting the information regarding the Project verbatim as contained in this RFP, convey an understanding of the intent of the Project and an understanding of the City's expectations upon implementation of the Project. RFP#11-11 Page 6 of 9 A.2 Describe the firm's experience specifically with performing third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). Identify "key' or "critical" issues that may be encountered on the Project based on the firm's prior experience; provide steps to be taken to ensure the critical issues do not affect the successful delivery of the Project. Identify prior experience evaluating complex, high profile projects in the public sector that had a focus on energy savings using new technologies in the area of cogeneration, solar, high efficiency lighting, controls and water savings performance contracting programs. A.3 Provide a technical scope of work identifying all tasks and sub-tasks required to successfully implement the project. SECTION B: PROJECT MANAGEMENT B.1 List the name and qualifications of the Project Manager that will be assigned to the Project. B.2 Identify the total number of projects the Project Manager (assigned as a "Project Manager") has successfully completed which involved performing third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). Provide date completed, a description of the project, location, and client(include contact information). B.3 Identify how many years the Project Manager has been currently employed with the Consultant's firm. Identify how many years the Project Manager has been previously employed with other firms, and identify the number and name of the other firms. B.4 Identify how the Project Manager can or will have sufficient time to devote to the Project, given current and future time commitments, if the Consultant is selected. SECTION C: STAFF QUALIFICATIONS CA List the names and qualifications of the key staff/team members that will be assigned to perform third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). C.2 Identify the number of projects assigned staff has successfully completed which involved performing third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). Provide date completed, a description of the project, location, and client (include contact information). C.3 Identify how many years the assigned staff has been currently employed with the Consultant's firm. Identify how many years the assigned staff has been previously employed with other firms; identify the number and name of the other firms. CA Identify how the assigned staff can or will have sufficient time to devote to the Project, given current and future time commitments, if the Consultant is selected. SECTION D: PROJECT SCHEDULE D.1 Identify the time frame for previous projects the Consultant's firm has successfully completed which involved performing third-party peer review of ECM's proposed by other energy service companies ("ESCO"s). D.2 Provide a project schedule to perform third-party peer review of ECM's proposed by another energy service company ("ESCO"). RFP#11-11 Page 7 of 9 SECTION E: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM EA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it emplovs for this project)from a jurisdiction in the Coachella Valley. E.2 List all team members with local expertise. Clearly define their role in the overall project. DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm Springs, Office of Procurement and Contracting by 3:00 P.M., LOCAL TIME, THURSDAY, MAY 26, 2011. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this RFP to see that any proposal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the firm unopened. Proposals shall be clearly marked and identified and must be submitted to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement& Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed ONLY to: RFP#11-11 Page 8 of 9 Craig Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(a)palmspdngsca.00v Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Wednesday, May 18, 2011. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment 1). Please note that Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firm must ensure that the attached document will be executed. Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the services identified in the RFP document. However, the City reserves the right to award a contract to multiple Respondents or to a single Respondent, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract to a specific firm, if any, by the City Council. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, development of any technical proposal if requested, or any other aspects of the entire RFP process. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax'. RFP#11-11 Page 9 of 9 PROPOSAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to seek new RFP's, as best serves the interests of the City. INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. RFP#11-11 Page 10 of 9 EXHIBIT "C" CONSULTANT'S PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE 793626.1 i i I Newcomb Anderson McCormick _ E i E a _ . E : :. N E E : N C A N D C O N S U L T N G 1 PROPOSAL Third Party Peer Review of Energy Conservation Measures,Construction Cost Estimates,and Energy Savings i --, Request for Proposal No. 11-11 I _ Prepared for I ! City of Palm Springs Division of Procurement and Contracting -- 3200 E.Tahquitz Canyon Way j Palm Springs,92262 r t _ J j C-1 I I June 2,2011 I Prepared by: E--1 Newcomb Anderson McCormick, Inc. I 201 Mission Street, Suite 2000 San Francisco, CA 94105 Phone: (415)896-0300 Fax: (415)896-1900 El P-2451.01 i Newcomb Anderson McCormick June 2,2011 P-2451.01 Mr. Craig Gladders C.P.M., Procurement and Contracting Manager City of Palm Springs Division of Procurement and Contracting 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Re: Third Party Peer Review of Energy Conservation Measures, Construction Cost Estimates,and Energy Savings(RFP No. 11-11) Dear Mr. Craig Gladdens: Newcomb Anderson McCormick, Inc. (NAM) is pleased to submit the enclosed Proposal in response to the City of Palm Springs' RFP No. 11 for Third Party Peer Review of Energy Conservation Measures. NAM has successfully provided these services for hundreds of energy efficiency and generation projects on behalf of numerous public sector institutions, including municipalities, school districts,higher education facilities,and correctional facilities, and welcomes the opportunity to provide the City of Palm Springs with independent, expert review and analysis of the proposed measures. NAM is not affiliated with any manufacturer or service provider, and believes our extensive experience acting as an objective third-party on behalf of public sector clients is unparalleled in the industry. Newcomb Anderson McCormick brings one additional important aspect to this project: enthusiasm. We believe in the importance of renewable energy and energy efficiency and are committed to the reduction of demand on the world's natural resources and to protecting our climate. Please visit our website at www.newcomb.oc for more information. If we can provide any additional information or answer questions about the attached, please contact me directly. All correspondence should be directed to me at the address, telephone, or fax number below, and I can be reached via e-mail at iohn newcombCa2newcomb.cc. We look �J_T forward to working with the City of Palm Springs on this extremely important program. Sincerely, r'^ C John M. Newcomb Principal 201 Mission Street,Suite 2000,San Francisco,CA 94105 tz;u T 415-896-0300 - F 415-896-1900 E i TABLE OF CONTENTS 1. PROJECT UNDERSTANDING...................................................................................1 2. PROJECT MANAGEMENT.......................................................................................10 3. STAFF QUALIFICATIONS........................................................................................13 4. PROJECT SCHEDULE......................................................I................:.....................16 i 5. LOCAL EXPERTISE DEMONSTRATED ON THE TEAM.........................................18 t ATTACHMENTS Attachment A—RFP Signature Authorization Forth Attachment B-Resumes -1 n J n 0 n n El P-2451.01/City of Pam Springs—NAM Proposal.doc i June Z 2011 ElCopyright®Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick D Jli 1 1. PROJECT UNDERSTANDING 1.1 Project Overview The bundled energy management project proposed to the City of Palm Springs by Chevron Energy Solutions encompasses a wide range of energy efficiency and generation measures. Energy conservation measures (ECMs) proposed by energy service companies (ESCOs) typically require third-party peer review to ensure feasibility and cost-effectiveness, as well as to provide an independent assessment of the proposed project approach, savings estimates, and associated risks. Local governments have proven to be leaders in sustainable energy policy. Cities and counties have been at the forefront of renewable energy, energy efficiency, climate protection, improved building standards, and local"green" economic development. Not only does NAM have the professional capabilities to assist the City of Palm Springs with this project, but key members of our Project Team work in a volunteer capacity in local government in the energy, environmental, and green job creation areas, and have developed policy and implementation strategies for similar projects and programs. The depth and breadth of Newcomb Anderson McCormick's overwhelming experience with j the design, implementation, management, and measurement and verification of all types of energy conservation measures, as well as cogeneration and renewable generation systems, will enable NAM to ensure that the proposed project meets rigorous engineering standards, I ensures achievable savings,and adheres to appropriate and reasonable cost estimates and implementation schedules. 1.2 Firm Experience - _i Newcomb Anderson McCormick, Inc. is a highly respected engineering consulting firm � devoted exclusively to the field of energy program development and management for I ,___ institutional, industrial, and commercial facilities. Our staff has performed energy efficiency analyses for a wide variety of facilities, including nuclear power plants in Washington, state f j prisons in California, high rises in New York, printing plants in Great Britain, hospitals in Australia and Japan, commercial laundries, office buildings, warehouses, apartment complexes, university campuses, and one-room schoolhouses. We are extremely familiar with all types and sizes of commercial, institutional, and industrial facilities and their energy- �. using systems. Additionally, we have designed, managed, and implemented a wide range of energy efficiency programs statewide for investor-owned utilities (IOUs), municipal FI utilities,and local governments. c:� Newcomb Anderson McCormick provides a wide variety of energy efficiency services, E1��1� 1 including energy project scoping studies, ASHRAE level 11 and III energy efficiency studies, t-`-.t heating and cooling load simulations, and detailed building energy use modeling. Our work • , also includes energy project funding document preparation, energy program development, management and review, electric and thermal load studies, power generation and off-peak cooling feasibility studies, and new design review for energy efficiency, as well as regulatory submittal, analysis, and support. We also provide pre- and post-project monitoring and verification, project verification site surveys,and training of client technical staff. 17711 1�t P-2451.01/City of Pam Springs—NAM Proposal.doc 1 June 2,2011 Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick i ` Newcomb Anderson McCormick's work is characterized by accurate and thorough technical analysis, conservative economic evaluation, and solid, buildable projects. Our engineers have reviewed, analyzed, developed or designed over 25,000 energy projects in over 10,000 buildings in the past 20 years. These projects have resulted in annual energy savings of over 300 million dollars. Each project was carefully analyzed and/or designed to reduce energy use and cost, increase operating efficiency, not compromise human comfort nor plant process requirements, and often adhere to unique historical, political, regulatory 1 i and environmental needs. Newcomb Anderson McCormick's unique combination of local government policy development and professional energy project implementation experience gives NAM an unsurpassed combination of skills to ensure the success of the City of Palm Spring's energy management efforts. Our staff has broad experience and expertise in the technical evaluation of energy and sustainability projects, as well as in third-party peer review,due diligence, measurement and verification, project management, and program implementation for large, complex organizations and customers. Examples of successful efforts include: • Program Management of all three of the California Public Utilities Commission (CPUC)-funded statewide University of California (UC)/Califomia State University (CSU), California Community Colleges (CCC), and California Department of 7 Corrections and Rehabilitation (CDCR) Energy Efficiency Partnership Programs. I This work has involved technical review and oversight of over 1,400 energy conservation measures, including comprehensive due diligence review of over 250 completed projects. --t • Development, implementation and management of an investor-owned utility retrocommissioning program, including technical oversight and evaluation of over 500 projects developed by other energy service and energy engineering companies. • Management of design-build contracts for solar PV projects for municipal customers With a scope of services ranging from design, equipment specification and procurement, to installation management and commissioning. tt • Providing comprehensive technical services for renewable and advanced energy L generation systems for the San Francisco Public Utilities Commission and Hatch Hetchy Water and Power. --1 • Management support of the CPUC's evaluation of the California Solar Initiative(CSI). Il • Development of feasibility studies and analyses for renewable generation for many clients, including solar PV feasibility studies for a wide variety of school districts, F-1 college campuses,and local governments. El • Evaluation of renewable power, municipal utility programs, and Direct Ll Access/Community Choice Aggregation options. • Participation in Climate Change programs that include establishing carbon footprint E baseline surveys and Greenhouse Gas(GHG) reduction plans. • Project development, analysis and implementation oversight of a wide variety of energy efficiency projects, including analyses of over 700 buildings for the Naval f� Facilities Engineering Command (U.S. Navy), analyses for over 300 State-owned L t buildings for the California Office of Energy Assessments, and serving as the prime contractor for a number of California Energy Commission energy programs involving [� thousands of buildings statewide. P-2451.01/City of Pam Springs—NAM Proposal.doc 2 June 2,2011 Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick i I i • Deep understanding of financial and regulatory environment. Our clients include utilities, the CPUC, municipalities, and educational institutions. NAM works every day within the legal,regulatory, and fiscal environment that influences the success of energy programs in California. NAM will leverage this knowledge to the benefit of the City. Detailed descriptions of several of these past representative projects are provided below. IOU Statewide Energy Efficiency Partnerships—Program Management and Technical Due Diligence Newcomb Anderson McCormick is currently the Program Manager for all three of the CPUC-funded statewide UC/CSU, CCC, and CDCR Energy Efficiency Partnership Programs. This work involves the CPUC, all four IOUs, all 33 campuses of both the UC system and the CSU systems, all 72 California community college districts, and 34 state correctional facilities. NAM provides both management and technical oversight to all phases of the programs and provides coordination of the work activities of multiple individuals and organizations, the scheduling and facilitation of stakeholder project meetings, conducting public meetings and presentations, contract management functions, and project and program reporting functions. NAM filled this role with the statewide Partnerships in the _ 2004-2005 and 2006-2008 program cycles and has just recently been selected by the four statewide IOUs to manage these programs for 2009-2011. The combined budget (including incentives)for these programs is over$500 million. UC-CSU-IOU Energy Efficiency Partnership Newcomb Anderson McCormick has statewide responsibility for management,development, and implementation of this innovative CPUC administered program, with the goal of developing a permanent framework for a sustainable, long-term, comprehensive energy management program at the thirty three (33) UC and CSU campuses served by California's four large investor owned utilities (PG&E, SDG&E, SCE and SCG). In the Program 1— Administrator/Management Consultant role since 2005, NAM has unmatched experience managing this successful Partnership. Newcomb Anderson McCormick currently manages and oversees the implementation of the r— program's over $35 million budget, and facilitates the execution of the program's four key strategies for meeting its goals: energy efficiency retrofits, monitoring based commissioning (MBCx), emerging technology demonstrations, and training and education. Each strategy contributes to the overall success of the program. Energy efficiency retrofit projects at the campuses achieve immediate energy and demand savings. Long-tern, sustainable energy savings are realized through the implementation of monitoring-based commissioning at the ��^^ campuses. This unique approach to commissioning focuses on development of a L? comprehensive commissioning plan that includes installation of measurement and verification capability and ongoing monitoring of energy use by campus staff to ensure savings are sustained. Demonstrations of emerging technologies help the campuses to plan for future projects and develop innovative responses to their energy needs.. The education component provides a means for campus energy staff to learn about best practices in energy efficient operations, share information and experiences related to facility operations, and share successful energy management efforts through Best Practice awards f and case studies. This multifaceted approach delivers comprehensive savings, fulfills key P-2451.01/City of Pam Springs—NAM Proposal.doc 3 June 2,2011 Copyright®Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick j � I l elements in UC and CSU sustainability, policies, and contributes to Califomia's national leadership in energy efficiency and climate change. _! Established in 2004-05, the UC-CSU-IOU Partnership significantly exceeded its goals, saving approximately 32 million kilowatt-hours and 1.5 million themts of gas. Peak demand savings were also targeted and achieved. The continuity NAM provided between the 2004-2005 and 2006-2008 Partnership is evident in the final, independent 2004-2005 EM&V l report. Initial report drafts assessed the program to have achieved 96% of its goals. Through NAM's rigorous review, intimate knowledge of the projects and the campus staff delivering them, our comments resulted in EM&V revising that assessment to a final — determination of the Partnership achieving 101%of its goals. For the 2006-2008 cycle, the Partnership achieved savings of over 82 million kilowatt-hours and 5.1 million therms of gas. j Moving into the 2009-2011 cycle, many of the challenges associated with 2006-2008 project delivery have been addressed by setting a clear roadmap for expected projects through the UC Strategic Energy Plan effort, the designated funding sources for both UC and CSU share of investment, and a heightened awareness of the Partnership at the highest executive levels within the University organizations. CCC-IOU Enemy Efficiency Partnership Modeled after the UC-CSU-IOU Partnership and established in the 2006-2008 CPUC Energy Efficiency Program cycle, this statewide energy efficiency Partnership achieves - 1 cost-effective, immediate, and persistent energy and peak demand savings throughout the state's community college facilities. NAM's role as Program Manager is analogous to our role with the UC-CSU-IOU Energy Efficiency Partnership, and involves establishing a similar C1 permanent framework for a sustainable, long-term, comprehensive energy management I program at the 112 campuses served by California's four large IOUs. Newcomb Anderson McCormick manages and oversees the implementation of the El� program's $22 million budget to achieve the Partnership's ambitious goals of saving 19,000 kW, 84 million kilowatt-hours, and 2.5 million therms of gas by the end of the cycle. The L-1 Partnership employs multiple program elements similar to the UC-CSU-IOU Partnership to capitalize on the vast resources and expertise of the CalHornia Community Colleges and 1 l California's IOUs. The Partnership is particularly focused on statewide outreach to the districts that are embarking on major bond-funded innovation and expansion programs, totaling over$1.8 billion in capital facilities spending in upcoming years. As with the UC-CSU-IOU Partnership, NAM has been committed to exceeding program 1 goals. When difficulties have arisen with exceeding the goals in selected utility areas, the 1 NAM team has worked closely with the other Partners to troubleshoot program barriers and !---! redesign program implementation to ensure future success. For the CCC-IOU Partnership in particular, this has involved reallocation of Partnership resources to place greater emphasis on outreach and project status tracking, as well as providing needed assistance to customers to prepare sound project applications. During the 2006-2008 cycle, the Partnership saved 38.4 million kilowatt-hours and over 840,000 therrns of gas. El D P-2451.01/City of Pam Springs—NAM Proposar.doc 4 June 2,2011 r":'-1 Copyright 0 Newcomb Anderson McCormick 2011 Nevmmb I Anderson I McCormick I - CDCR IOU Enerov Efficiency Partnership The California Department of Corrections and Rehabilitation (CDCR) has embarked on a unique statewide energy program designed to significantly reduce energy use and costs at CDCR facilities. As Program Manager, Newcomb Anderson McCormick is responsible for the overall management and implementation of this unique Partnership, and works closely with the four investor-owned utilities(IOUs)to develop, review, and approve projects,as well as coordinate implementation and scheduling of projects with the ESCOs, consulting firms, and subcontractors. This program relies on public sector funding from multiple sources including the Department of General Services (DGS) Dollar $mart program, an American Recovery and Reinvestment Act (ARRA) loans program administered by DGS as well as IOU incentive funds from CPUC public goods charges. The scope of services provided spans all aspects from development of program guidelines, through post installation verification. In addition to the services provided in the other Statewide Partnerships, NAM actively manages the ESCOs during development, proposal and implementation of the -- projects. NAM provides owners representative services for CDCR to ensure project proposals are in line with goals, to ensure the savings claims are achievable as proposed, and to verify the savings are achieved once constructed. Specific projects are identified at assigned sites by ESCOs under separate contract to CDCR, and upon approval of technical and economic feasibility approval and financing conducted or coordinated by NAM, are installed and energy savings are verified. Typical projects include energy efficiency -- measures including HVAC and lighting retrofits, installation of energy management systems (EMS), wastewater treatment projects, central utility plant projects, irrigation water projects --- and domestic water projects. Through this program, Curtis Schmitt, the Project Manager proposed for the City of Palm Springs, has managed seventeen ESCOs through the implementation of over 30 major projects. The total estimated project construction cost for this program(through December 2012) is$80 million,with$13 million in IOU incentives. - Contra Costa Community College District Strategic Energy Plan Third Party Peer Review of Proposed Energy Protects NAM performed a peer review of energy efficiency project identified by Chevron Energy Solutions (CES) at three campuses of the Contra Costa Community College District located in Martinez, CA. The campuses included Diablo Valley College, Las Medanos College, and Contra Costa College. Project technologies reviewed by NAM included new central plant - projects, cogeneration, lighting, and HVAC retrofits. NAM reviewed all project scoping, L..� energy calculations, cost estimates, and economic analysis performed by CES and prepared a report with recommendations and adjustments to CES project development l-.._.! results. The customer used the NAM peer review as a decision-making basis on the implementation of projects that meet District Criteria. EJ 1 . Temple City Unified School District Third Party Peer Review of Proposed Energy Protects f� TCUSD contracted with NAM to review a proposed contract with Chevron Energy Solutions F- 1 (CES)and provide a high-level assessment of. • The mix of proposed projects • The energy savings associated with these projects • The financial savings resulting from their implementation _ 7 P-2454.01/CAy of Pam Springs—NAM ProposaCdoc 5 June 2,2017 � Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick f',-n i The assessment covered project selection, energy calculations and energy savings, contractual guarantees, and financial outcomes. The types of projects being proposed included lighting, EMS, HVAC, various building envelope upgrades, and solar. Our review provided the District with several recommendations to mitigate project risk, ensure energy savings,and protect the District's interests in the energy services contract. - PG&E Core Retrocommissionina Program — Program Management and Technical Due Diligence ' As Program Manager and Technical Consultant for PG&E's core Retrocommissioning(RCx) J program, NAM has played an instrumental role in the design, development, and implementation of PG&E's RCx Program, involving a wide range of facilities, including industrial, agricultural, and large commercial customers. NAM works closely with PG&E staff in the RCx Program Office function, advising PG&E on the program design, development of program processes, policies and procedures, as well as performing the technical review of engineering deliverables. Technical project submittal reports are reviewed and approved by NAM, with NAM taking a proactive role to ensure that deliverables are technically sound and exceed minimum requirements. NAM's technical reviews are in the form of reports that allow project l stakeholders to easily ascertain whether a deliverable was approved, and if not, what steps need to be taken for approval. NAM engineers review each proposed energy efficiency measure and supporting calculations to determine whether the proposed calculation methodology and M&V protocol are sufficient Once the measures are implemented, NAM reviews the post-implementation report to determine the energy savings to be claimed by l PG&E. L l To-date, the program has processed roughly 400 applications and is currently forecasting �i savings of 10,792 kW, 124,305,493 kWh, and 3,788,745 therms. Completed projects demonstrate average measured annual energy savings of 10% of electric and 20% of gas use. Washington Unified School District—Owner's Representative Washington Unified School District (WUSD) contracted Newcomb Anderson McCormick to investigate the possibility of using financing from Qualified School Construction Bonds L� (QSCB) to invest in energy efficiency and photovoltaic (PV) solar power system projects. NAM identified four scenarios for this analysis: (1) no project/baseline, (2) PV system ownership, (3)power purchase agreement(PPA)and(4)feed-in tariff. Based on analysis of District electricity usage, NAM developed a recommended PV system size of 1.08 MW, with all three building scenarios also including energy efficiency projects at River City High and Westmore Elementary schools. NAM took several initial steps to develop this study, including reviewing the energy usage information for both River City High School and Westmore Oaks Elementary to get a better understanding of facility loads and to prioritize strategies for energy reduction. NAM also l examined the electrical and mechanical system drawings for each school to identify meter locations, potential solar photovoltaic (PV) interconnection points, and to gain an understanding of existing lighting, mechanical and heating, ventilation and air conditioning P-2451.01/City of Pam Springs—NAM Proposal.doc 6 June 2,2011 f`"'l Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick i (HVAC)systems and equipment to help identify potential energy efficiency measures. NAM discussed past energy efficiency programs and projects with the assigned PG&E Account Manager for the District, and explored financial incentive and other partnering opportunities with PG&E as a result of the study. And finally, NAM met with District staff to discuss existing conditions, energy reduction objectives,and expectations for the study. Following the delivery of this study,WUSD opted to install a solar PV system at the Districts new River City High School campus,with the goal of reducing peak demand loads and daily energy consumption for the high school and recreation center buildings, and provide reliable, high quality power with minimal environmental impacts. Newcomb Anderson McCormick assisted with the development of the contractor RFP for this project, and develop the accompanying technical specifications and requirements. Finally, Newcomb Anderson McCormick provided technical assistance and support to the District in evaluating the proposals submitted, and provided analysis and recommendations regarding contractor selection. California Solar Initiative(CSI) Program Evaluation-Project Coordinator -- The Califomia Solar Initiative(CSI)Program Evaluation Plan identifies numerous studies, as well as a reporting process,to provide comprehensive information regarding the effects and effectiveness of the CSI Program. The CSI Program Evaluation Plan calls for numerous - studies to be conducted over the lifespan of the program. Several key studies were initiated in 2009 because they cover critical topics and provide important insights into the - effectiveness of the CSI program: CPUC contracted Newcomb Anderson McCormick to assist Energy Division staff coordinate 4 the bulk of the work carried out under the CSI Evaluation Program. Over the course of 2009, NAM coordinated and facilitated project meetings, setup an information sharing platform, provided other contractors with interactive tools for tracking data collection, and assisted CPUC in managing invoices and the M&E budget. Chico Unified School District-Owner's Representative --tt NAM currently leads Chico Unified School District's program to implement solar PV across multiple facilities in the District. Our scope of work includes the development of a technical --� and financial feasibility analysis, the creation of a Request for Proposals (RFP)for a Power L_ Purchase Agreement(PPA),evaluation of proposals,and negotiation of a final contract. The Feasibility Analysis utilizes our in-house financial model to produce several scenarios f.... for solar implementation. NAM conducted site visits, reviewed customer billing information, 77 and estimated solar system locations and performance as inputs to the analysis. �_ J NAM developed all technical and implementation sections of an RFP to solicit a PPA. The !. sections of the RFP we developed focused on requirements, performance specifications, a [ 11 description of existing conditions,and instructions to respondents. E..J NAM is also performing a detailed evaluation of the short-listed proposals and providing the EJ District a recommendation on which vendor should be selected as the PPA provider. Our evaluation determines the technical compliance with specifications and assesses the proposed equipment, PV output models,and the implementation approach. F- ) r P-2451.01/City of Pam Springs—NAM Proposal.doc 7 June 2,2011 " Copyright®Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick .- i Our evaluation includes a more detailed risk analysis on each shortlisted proposal to bracket (e.g., determine the upper and lower limits of) the potential effects of key elements of the proposed system. Many of the factors to be considered in this analysis include the terms and conditions proposed as part of the PPA contract itself. t In addition to recommending a provider for PPA negotiations and award, NAM is also - ! updating the cost and energy savings analysis developed for the District as part of the feasibility analysis. The updated analysis uses pricing from the shortlisted proposals and l models solar output based on proposed system designs. This results in a more accurate estimate of energy and cost savings as a result of implementing the project. The PV system - size for this project is projected to be up to 2 MW, with an estimated construction value of $13 million. De Anza College Solar Photovoltaic Project-Owner's Representative Newcomb Anderson McCormick performed consulting services for Solar Photovoltaic (PV) -J projects at De Anza College in Cupertino, CA. Project scope included a 1.5 megawatt parking lot shade structure system. The scope of work performed by NAM included an engineering, energy production, and cost analysis to define the criteria for system construction and performance, development of the technical sections for a Request for l Proposals (RFP) document for solar photovoltaic Design-Build Installation Contractors, 1 review and analysis of design-build contractor qualifications and proposals, and recommendations for contract award that best meets the goals of the District. This scope will likely include Owner's Engineering services to provide technical oversight during the project construction and commissioning phase. Los Angeles Unified School District-wide PV Project Deployment-Owner's Representative Newcomb Anderson McCormick is a key consultant team member working with the LA �- Unified School District on the evaluation and deployment of solar PV systems at roughly 90 ` ] school sites. The estimated value of this project is $100 million. NAM's scope includes assisting the District in developing a solar PV strategy, developing a procurement strategy, El conducting site selection and system engineering, and will likely include design-build project proposals. El 1.3 Technical Scope of Work ❑ 1.3.1 Preparation Phase Upon award of the contract, the NAM Project Manager will work with the City of Palm n Springs Project Manager to confirm or fine tune the overall proposed schedule for the project and schedule the necessary resources. As a result of this initial coordination, a kickoff meeting will be scheduled to include the NAM Project Manager and key technical staff, as well as representatives from the City and Chevron Energy Services. The kickoff Q meeting will align expectations of all parties, outline the project schedule, review the proposed energy projects at a high level, coordinate the gathering of necessary documentation for review, establish points of contact and foster a cooperative working environment. �:'7 P-2451.01IC4 of Pam Springs—NAM Proposal.doc a June 2,2011 I Copyright®Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick f I From the contacts and methods established at the kickoff meeting, NAM will gather all of the 1 necessary documentation and Information to begin the review. The basis for the review will obviously be the formal proposal and supporting energy calculations, cost estimates and models provided by Chevron Energy Services. However,additional information that may aid in the review if available will be gathered. This may include utility billing data, building occupancy schedules, equipment inventories, maintenance records and past energy audits. While this additional information is not critical to the success of the project, it can be used to quickly assess some of the assumptions and help establish the reasonableness of the proposal to provide the City with a thorough evaluation. 1.3.2 Detailed Peer Review Upon receipt of the necessary documents the detailed review of the proposed project will - commence. Because the proposal is anticipated to be a comprehensive set of measures including lighting, HVAC, water, solar generation, cogeneration and other measures, NAM will approach project reviews in multiple parallel paths. Utilizing NAM's breadth of expertise, --- different project types will be assigned internally by the Project Manager to utilize the experts in each area. The NAM engineers assigned to review measures will review the proposed scope of work as written in the proposal, paying particular attention to the technologies being proposed with respect to current industry trends and best practices. Facility and equipment information and condition will be considered to establish the reasonableness of the baseline conditions - assumed in the energy calculations. NAM's vast experience with peer review and technical due diligence reviews will allow us to quickly establish if the assumed baseline conditions --- match the stated site conditions, and assess the impact on the energy savings. Any anomalies or questionable assumptions will be noted for follow up, and their potential risks to the savings will be assessed. j The energy savings calculations and energy models will be reviewed to determine compliance with industry accepted practices, reasonableness and congruency with the stated scope of work. The operating parameters, such as hours of operation and HVAC L setpoints, will be checked for reasonableness against the operational parameters gathered f•- earlier and total energy consumption modeled will be compared to utility data where available. During the review of the proposed projects,the proposed measure will not only be evaluated EJ for its energy savings potential from the technical standpoint, but also from the operational Perspective to identify if the savings will persist. Potential factors that could influence the persistence include end user perceptions, maintenance requirements of equipment, C1 interaction with other measures and the useful life of the proposed measure itself. The end result will be fully vetted projects with an assessment of the overall benefit to the City from a real world perspective. Ell NAM engineers will also assess the proposed design of solar PV systems. We will verify forecast production and generate an estimate of utility savings as a point of comparison to the proposed financials. As we do in all our modeling work,we will use conservative values j for key economic assumptions, such as the annual escalation rate of utility costs, ensuring promised savings are achievable. NAM will also review high-level system designs for robustness, use of sound engineering principles, and quality of key components. P-2451.01/Cky of Pam Springs—NAM P 17 roposal.doc 9 June 2,2011 Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick NAM will review the proposed pricing for all the measures and at the program level overall. We anticipate receiving project costs in sufficient detail to distinguish construction costs from the soft costs, and allow for review of costs at a measure level. Our experience with hundreds of current projects and understanding of industry trends will allow us to accurately assess if this pricing is realistic for given measures based on the current market. -- Furthermore, the soft costs (construction management, engineering, general conditions etc) will be compared relative to similar projects we have overseen in the public sector, especially as delivered by Energy Service Companies. NAM will provide the City with a comprehensive understanding of the reasonableness of the program costs as a whole. NAM will attempt to clarify any missing or unclear information on energy savings, cost -J savings or pricing. Our goal is to identity and resolve as many unknowns during the review, so that at the end of the project we provide the City with a complete understanding of the l proposal, not a list of action items to address. Where possible, clarifications will be made with Chevron, but it may also be valuable to leverage the site specific knowledge of City I staff. NAM recognizes the importance of the Monitoring & Verification (M&V) plan as part of a performance contract and savings guarantee, as the contract with Chevron Energy Services is anticipated to be. The NAM team will review the proposed measurement and verification plan determining the appropriateness of the approach for each measure and compliance _1 with International Performance Measurement & Verification Protocol (IPMVP). We will identify the impacts and risks associated with stipulated portions of the plan versus full measurements, and make appropriate recommendations to protect the interests of the City. i tt NAM will review the contract and savings guarantees to identify the potential risks to the City. We will review to ensure the appropriate linkage to the proposed M&V plan, and 1 identify potential "loopholes"which are often included in the contracts to shift liability away I from the ESCO. We will identify and explain these risks if they exist. 1.3.3 Summarize Findings and Recommendations All of the resulting findings from the various projects and reviews will be collected and will be � reviewed with the NAM Project Manager for quality control purposes and assembled into a single report. The findings and recommendations will be assembled into clear and concise C� report with an executive summary, and detailed explanations for each finding. We anticipate presenting the city with a draft report, and allowing a chance for review and comment before finalizing the report. C_ 2. PROJECT MANAGEMENT Curtis P. Schmitt, P.E.,will be the designated Project Manager for all work assigned under the proposed contract Mc Schmitt has over 10 years of experience developing and t� managing energy efficiency programs and projects with Newcomb Anderson McCormick. -1 Prior to working with NAM, Mr. Schmitt was enlisted as a Captain in the U.S. Army, serving as a Training Officer responsible for all training, long-term planning, guidance and construction projects for an 800-person organization covering 3 states for 6 years. tI P-2451.01/City of Pam Springs—NAM Proposal.doc 10 June 2,2011 1 71 7 Copyright®Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick F—!I S i As a Principal for Newcomb Anderson McCormick, he has performed analyses of energy - systems and energy conservation projects for commercial, industrial, and governmental facilities, and has been involved in energy efficiency program management for numerous large scale private and public sector customers, including serving as the lead Program Manager for work with the CDCR/IOU Partnership. Mr. Schmitt holds a Master in Engineering Management from the University of Missouri at Rolla and a Bachelor of Science in Mechanical Engineering from the University of California, Davis. Mr. Schmitt is a registered Professional Mechanical Engineer. Mr. Schmitt will be assigned for the duration of the project to ensure technical consistency I and retain"institutional memory"throughout the project. Mr.Schmitt's previous performance Of similar evaluations of hundreds of energy conservation measures ensures that he will be able to integrate the proposed City of Palm Springs' measures into his work schedule in a --1 timely and cost-effective manner. L_I -1 I ME - n 0 x x P-2451.01/City of Pam Springs—NAM Proposal.doc 11 June 2,2011 0 Copyright®Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick r= d ¢ a . . . . . . . . . - . . . . . . . . . . . A q R fI A F 5 R X N R R F X R R FI P R R R xl M fl R F1 N A R � S 9 9 5 9 9 y if i : 0 Eo ul 8 u E S $ $ $e •G C o � aa � a3003as � �� � 6a0� � gq[ lj . aa *qs Q gSp �� g[ gg � g84 � � g g pe Ss �3 � � 39 �ai9�S � AiS � ,# ff� �� � �� a8d �9f 9 � d �6 s 'l � �33ad mE a rz 3a x� 352 p@p •gger�� 83S .z §.� app� $ a d @ `� eg aa �E�sb a i 3. STAFF QUALIFICATIONS i John M. Newcomb, Michael K. J.Anderson, P.E. and Ann L. McCormick, P.E., Principals of Newcomb Anderson McCormick, Inc., have been exclusively involved in energy engineering for over 20 years. They are widely recognized and respected for innovative energy analyses and design contributions to large scale energy projects worldwide. All of the team members are regular, full-time employees in the Newcomb Anderson McCormick office, thus we bring to this work an extremely capable, organized team with years of experience working together on large complex projects. They will work efficiently and cost effectively in all phases of the project. All project team members will be assigned for the duration of the project to ensure technical consistency and retain "institutional memory'-and document control throughout the project. We believe this team is unsurpassed in experience and expertise in energy efficiency analysis in California. i Matt Sullivan, P.E., a Principal of Newcomb Anderson McCormick, will provide project management support on local government, contracting, and renewable generation issues for all work assigned under the proposed contract. He has over 25 years experience in program and project management in the energy efficiency, renewable energy, engineering, -.-1 construction, and power generation fields. Currently, Mr. Sullivan is leading the effort in support of a 1.5 MW parking lot shade structure PV system for De Anza College in Cupertino. Since 2006, he has served as the Program Manager for the CPUC statewide i California Community College/Investor Owned Utility (CCCAOU) Energy Efficiency —, Partnership. In this role he is responsible for program design and implementation of a nearly$40 million program to install energy efficiency projects at the 112 community college ---I campuses statewide. Mr. Sullivan has also been responsible for several solar PV projects, distributed generation, and cogeneration projects encompassing feasibility analysis, design and turnkey construction responsibility. Mr. Sullivan holds a Bachelor of Science in Marine Engineering from the California Maritime Academy, and is a registered Professional Mechanical Engineer and a LEED Accredited professional. He is also a member of the Pleasanton City Council, and past Chair of the Pleasanton Energy Committee,where he has initiated many sustainable energy programs and policies. El Russell H. Driver, a Principal of Newcomb Anderson McCormick, will provide additional Project management support on issues associated with renewable generation and PV solar projects for all work assigned under the proposed contract. Currently, Mr. Driver is leading 171 our contract to manage the California Solar Initiative evaluation program, as well as the solar PV projects for WUSD, the State of Hawaii, Chico Unified School District, Los Angeles Unified School District, and the Mount Diablo Unified School District. Mr. Driver specializes in solar programs, project management, public and private sector procurement, contract negotiation and management, planning and budgeting, systems design and deployment, r and facilitation and stakeholder management. Mr. Driver currently serves as a Town of !- 1 Moraga Planning Commissioner. Mr. Driver holds a Masters Degree in Urban Planning from the University of California Los Angeles and a B.A. in Urban Studies from Stanford MA University. Nlko M. Kalinic, Staff Engineer, will provide technical engineering support for the proposed work. Mr. Kalinic has 2 years experience identifying and performing analyses of energy conservation projects for commercial, industrial, and governmental facilities. This work has included field audits, energy use analyses, and evaluation of historical gas and electric P-2451.01/City of Pam Springs—NAM Proposal.doc 13 June 2,2011 Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick i I I i demand in support of recommended energy efficiency measures at a wide variety of facilities including food processing plants, local government buildings, and commercial office spaces. Mr. Kalinic holds a Master of Science in Civil Engineering and a Bachelor of 1 Science in Mechanical Engineering from the University of Colorado at Boulder. The Past Project Experience Matrix on the following page indicates the extraordinary breadth and depth of engineering expertise that the Newcomb Anderson McCormick Team will apply to this effort Individual team members' specific relevant project experience is indicated, giving a clear picture of the Team's unique capabilities. Resumes summarizing the particular skills and past experience of each team member specifically proposed for this -I contract are included in Attachment B. i .. c� P-2451.01/City of Pam Springs—NAM Proposal.doc 14 June 2,2011 Copyright®Newocmb Anderson McCormick 2011 Newcomb I Anderson I McCormick ED I Newcomb Anderson McCormick Gglluw PAST PROJECT EXPERIENCE MATRIX wmlmwwn.eMnn1. All are regular,full-time,In-house professiunal staff FNIRUIMYq comoaY Wrn;aras EYdrb bexeutl11n4mM Mlpb fl5i C6PmNnpfnPMen Ass. Unlit CmbCmmmNy etllfp geMO CaXn Cmn Cn ."W'tlkee Is. ..Foh s'(Frms)1 Four eussamal Prc,WIM1rNPmmnaerIles M DaeN sMfwaf tlNomle CasturnocnuNayG"'FIrvallon'nXla. on Eannasho✓ll'N�] Ce Arsca'sWall..bllMstuby ore o earl os.Mae Wash. TomamonsIA( oors a Wunpry VlNStlio?.l.aV%ml lamb ass" ver .. Wud...A...'gnN MI,l lonts"VbeIVMI'l."A".man UlydSn CaMpVvmke .0s Snbna,u nrydan Carl. AI Feel lYgatal iunrdlum VYleyW%oleP or. Vuoa Vtllea4 '—onvum VFller neo—e,'lain s(alsa5 - I WhenNar VYfenlblin Nud, A,. .1—d—.G Clrydser'—n—Anuc For..11,am sta. 1 PmaSsur nIuma Wrusaw"ryiyby Seep LnFina[m,G C1*sn4.mXµ AFnJn a, W"—,Pss)aM''Ylo d filelgl[lmiGy%m A,le Cminla[n GmmuNry[dlgegslXn Gmn....n Cduessa". MfnPaar.IRSI.. Is IF ircrEyEntlmghoppnlWment ma's" Cuwmno,G I.F14Ave CCV CNruAllen(massaus. ♦ • • ♦ .r -1.-1 Iffil Fla.PoKlawnenl I.I. Anhentlsm.G P. owe.rerAl Nse,soa IF .. 1.FasFP11es Fea Aa11.ntl Mvdapmfnt In. sanFmmsslG t4ofSanH —Aspue pyuNlgepp1415155e1x5a I.. Ifloo.UM,v COnsh..'ushersat"Ars, Ln-0] sv,fmWm.G ons'san"Ina—/SWU amvll Nepelal55S . w�mnrdNl..dwbndrar naXemmswnmo..ien Mural snrramw,u Gmdsannww[mnwuE )snossaArtur Iona PlIal 1p I. xe YlMlo.W smtlr MHUI sm Fnlhaermsaol Clrydsmrnessro re. s.m lveno.wssl Nedau Vp—AarraressrSme MubarM1"A"Araer pn.p sanhvM[m.0 andsan F.wdaeorsFPlSnewnnwM6ue GNrmmmt ClhoPmnassAysl., SFPwerS MiMtP gnd5 SmhaM . surdLre"I" a iasee fold Ne EMrmmaN tlgmnhai,W ESSRI gaerCry Pga 5dmW5odW%wit ogMR We%Savnerlo,G WW1ipnµnl11ftl5Tod giN6 r1 jryvEi sC(SIaaSMIl NvV aCASLNnXegvryalnyre WdlMnMlPl wvgPuPane nnmmweNCnWtl oMn nLalgo rnl GM1bp-lllq fl MsMmMFrtGxwsf l"AxnOueertIl)xlels �"a)6 unAre eyele[NXd 5�inpoulErauIDlonvJnOnmrRSupwrt npN9 ..cvAFA al gabloGlfleX..gs. vdghaene'Voo)PP e n INiM J astaff SYwPm aM tlunm of stralu.. aWenpaonersors le ssarmsessaY TIN.Paesas.onlM Fella, 'Isl em".OryG lamde(ttyWl1e5sssansFX¢ Idayn4aE s CPVC se.Ien.Ol3..05M U Wipe MryamemdNusfb febll atlndX¢agaYNMwKKYwJ,eYln4G H2F looruds0,14sasol C1SmbXVMwnlry lan. pin.WI,."assr strourass"I 1. Iwrw+l,lus)niuu Outer..'Ift"I.CMM unl] oyGammanglve,Sn lwf.G veSE Ioa NAeI P5519ti)!ll lostar"ee -I- spews I'sn 'I'ar Iaarns vGa[ merwMl,Psslpaiutii scow,am 1Y-v N Fstb Mllrkweln..WIur.nI vc6E NaTuap,la1 ass"'15 1—j x Cen[LLC Ix�LL MnnGmmoRleOb[eemaq,Ln Meel,4 IGiE aoeTUAaIlle"I a;IIll r at VOMemf/I1orn.halt nerlm JI—se5eni.,In, Gnan 505 Powla I PonclaVdIW,G PG&E Iou1.1.0.1Pa335N L _ &u.salladol. CunW ass Tee Cessna..W10.0 PCdE IwaruTn.(15511.oul L NaNh CwpMeNeolWwlen 4mll NLItl NRnd,enerq,Im CiepyG PfiE —TUJM,P551., GrydvenmFMalrs w.. asse"o sh e'lall"Ina U PGEE Iou NNn,(xS)AiEY L ' eFblm .."I"s—ant[ 4oN e. rt eegndU PGFE niutl e6P )P3 V9 n4lmert¢m yLN tip Mrina Plyd,N[bna,U IYiE xuiusullaol)"s-sA U[m ml afeGveres Ie.tl al A Lo,F,y ynlase.G state re.TUYMI, mlossoxl n 0 P-2451MhCity of Pam SPONS—NAM Ptopeael doc 15 !I n COP09MG Newcomb Anderson MCColm ek 2011 Jufi 2mrm11 � Newcomb)Andeponl MCCartnick _ I 4. PROJECT SCHEDULE Newcomb Anderson McComtick has proposed a schedule that will easily allow complete - review of the ECMs proposed by Chevron Energy Solutions in the required four weeks, based on many similar and recent reviews completed by our firm. While every project and proposal is different,the review time for the hundreds of successfully completed reviews has — ! ranged from under a week to approximately three months. The longer duration projects generally included resolution and negotiation with the ESCOs,which is not anticipated in the scope of this project. For projects similar in scope and size to the project being proposed, the average review time has been three weeks. NAM is confident that our breadth and depth of experience will allow us to efficiently provide a comprehensive review in the targeted four weeks,which includes time for feedback from the City. Newcomb Anderson McCormick's proposed schedule for this scope of work is provided on the following page. r-1 L L IEl El ED P-2451.017City of Pam Springs—NAM Proposel.doc 16 June 2,2011 Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick ID a Ta✓.Neme pun4pn SIeX Flnlah 11 _ _ Ju110,ll IJul t]'11 Al 24,11 _._,_�Ju131(11 _ 1 C of Pesn SPenpa TlereP M T W_T l F T=3.J 9 M T.i W_ -I F a s"l_5_ M T I W i T S $i.M T IOV T F 9 I S M T W T F l $ Ry ara Prer RavNrs WECNe 2]Eays Wee]/Y1l Fe YY11 . _.__.. 2 JJI PrreersOon Pandas 98ayf Wee T/Y11 Mon TM btt ....3 Imgal Coafiftalon 3daya Wed T/o/11 HI 71W11 4_. wORMaegrq tday Mon 7/11/11 Mon7/11111 5 Receive CES Popareel Id, Tue]ltzrll Tl»7/12I11 _ 8 ' GMaPLdlpntl poaarwMMlan 58rys Tue7I1211 MM]I1 W11 ] O0MIM8 Pass Raiders 8dgm Wad Tl1MI Fri 7/2b11 i_ I -�8 , AFI.Pmlroeal 18ey WBe]/1&11 Wbd 711wr11 _ e—�I &aavkrsdaG pMWdd" Oeari MRe]/13H1 Waie 7/1Y11 TM3 _..._....._J. _..I 10 Radew Ll,hW,Me. 28aya Thu 7114111 Fri T/lYtt r... -.._ti.. Reabw HVA Messurea 4.an, Thu 7114111 Tue7/1W11 - 12 I Ras Sob,System 58aW Thu T114111 Wad 7RW11 13 _. Rrvbw CagaareRon M.. 58aya TIM7I1011 Wkid7aW11 I -- U Raiders WWer Memum 2cars Thu]/14I11 PoT/1Y11 CladficeRals 5deys MmT/twit Fri 7RVII Revlew M8V F1ma 2tlaya Mon]/1WII T.711W11 L-I 11. 1 Rearew Sadrga Gurtwidds 28aya Mar 7/1Wt1 Toe]/1W11 I L" 19--7 Raiders Comod, 3days Mon7/1WIl Wad JnW11 iB 1 8ummarM Findings add Rewmmeneerlam- 158ays Mon]HWN FrIYY11 i� 20 GBtl4r Ratings eM CC Findings 3daya Man T/1w11 We27RN11 L i r-I - 21 minnows Not Repo" 38gs Thu7R1111 Mon TRwlt - ,.,.1]—� Dellamr Dreg Repad Odrys Mon]RY11 Mon]Rw11 yyp� C23 Cuatoma Redew and Comm9m ads, Tue TY2WIl Mon9/1/11 24 i FinafRe PePoe 48eri Tue W211 Fd 85111 - I�11 38 OeYser Final Ronan Oeaya Fe WWII Fri WWI I W Pr*astlIMMe M Prapoa Trek 0 Rog. Sunmary ^ Edenmi Testa _ [reaffirm, 1-1 Dab'.Wa1WIMI spit .,.,, Mlleelane . Fro.jw Sand, F ngdmlwtage Pape 17 i 5. LOCAL EXPERTISE DEMONSTRATED ON THE TEAM Although NAM is not a Local Business under the City of Palm Springs Local Preference Ordinance 1756, Newcomb Anderson McCormick is committed to maximWng the use of local resources for all of our projects. We have a history of working closely with local i businesses and contractors to provide key services where appropriate for energy efficiency and renewable generation project identification, implementation, and measurement and verification. NAM's experience with fostering local business activity is exemplified by our tt management of the highly successful City and County of San Francisco Small Business Energy Efficiency Program, Power Savers, where NAM managed a total staff of 40 -- contractors from 10 local subconsuitants to identify and implement lighting efficiency improvements and controls at over 4,000 local small businesses. In addition, key NAM staff work directly in green job and economic development efforts as part of their volunteer work in local government, and understand both the policy and technical issues related to furthering the new green economy. i El j D El LJ P-2451.01/City of Pam Springs—NAM Proposal.doc 18 June 2,2011 Copyright 0 Newcomb Anderson McCormick 2011 Newcomb I Anderson I McCormick i l Newcomb Anderson McCormick = CJ r E NG .. _ E P. N A r.<�p C .' NSU . - .. NG _1 -- i --1 APPENDICES I El El El El El El Ell Newcomb Anderson McCormick 3 E N t C ii C < N v C O N S L! L _ t N C 11� Attachment A Signature Authorization Form � 1 El El El El �1 CJ OT 1 i i i ArrACHM ENT 'A" _ f�Di�ClSAL'" REQUESTS FOR PROPOSALS (RFP)if 11-11 FOR THIRD PARTY PEER AMEW OF Ei+EKGY CONSERVATION MEASURES CONSTRW'"ON COST ESTIMATES AND ENERGY SAYINGS Si at NA `URS AUTHORIZATION t�tS.C'ff�C,7,^��t2" NewcoRilS Andy„sgn ,Ma�ar�ni.��C A t herphy rra"ify OW t hawa the authority to Snbtnit tl1tS f'rCPOWJ to the City Of Palm Spfings for the above IM04 individual or pqrrwefly. i cer* that I have thsauthorlty to tad myse k son ny in a contract should I be successful in my proposal. Sit�fYA'Ill1 8, The folloMag information miates to the legal contractor Fisted above. Whether an indlv4ua or a company_ Place check marks as appropriate: I r. If srrcessfuL the contract larriguage shouic refer to ma/my company as: An 4adivicual, A paitnerWp, Partners'' -- ___, j —A company; ?( ,A corporation A Local Business(Lcensed w`rlhin the Jurisdiction of the Coachella Valley). CoFy of dirfent:busstess ifeense is ragwred to be Ottedhea to Iris d°ocumetr;,: 2. f1 IfllCrden1jIio nn=cumlveris;, 731 7 31 074 ADDEMA.AGKNOWLEDGUMT: Adotowledgmerri of R"wpt of argr-Addenda Issued by ft (lily For this RFF is regaled by including the �a ciitrvrledgtY tl Niat.quur proposal. Falfure tQ acsnowbdge the Addenda isauad may rosuk m your prbpowl being deemed non-09sponsive, in the space,provided below,Visage aeknowledpe recelpt of each Adtfends: Addendum(s) tatare hereby acknowledged F2i�r xti7-r l AtterJtm�f"A' i Newcomb lAnderson I McCormick N P { . F N G 11 - Y I N e 5 J L N 3 Attachment B i l Resumes EJ El OF El El El i I i I s � Senior Program Manager, Newcomb Anderson McCormick, Inc. San Francisco, California Education BS, Mechanical Engineering, University of California, Davis, 1995 MS, Engineering Management, University of Missouri at Rolla, Missouri,2000 Professional Areas of Specialization Program Management • Facility Evaluations Engineering Management + HVAC Systems Professional Registrations and Affiliations Registered Professional Engineer(Mechanical), California, 2003 TBII Engineering Honor Society member � As Senior Program Manager for Newcomb Anderson McCormick, Mr. Schmitt is responsible for L.._I developing and managing energy efficiency programs and projects. He has performed analyses of energy systems and energy conservation projects for commercial, industrial, and govemmental facilities, and has been involved in energy efficiency program management for numerous large scale private and public sector customers, including serving as the lead Program Manager for work with the California Department of Corrections and Rehabilitation(CDCR). Professional Exoerience Mr. Schmitt is a key member of the Program Management Team for the CDCR-IOU Partnership. This program is a $10 million statewide program that serves the 34 CDCR facilities located Elthroughout the state, with achieved savings of 21 million kWh, 220,000 therms, and peak demand savings of nearly 3 MW. Mr. Schmitt's role includes tracking and oversight of campus energy projects, managing program schedules and budgets, as well as planning for the continuation of the Partnership beyond 2006-2008. ElMr. Schmitt was also the program manager for NAM's work on the University of California Strategic Energy Plan (SEP). The SEP was commissioned to support the University's sustainability policies, 0 identified $900M in potential energy projects for the University and let to a commitment of nearly $400M in projects before 2014 with savings of 270 million kWh, 17 million therms and 28 MW of peak demand savings. Mr. Schmitts role included management of a large team of subcontractors, coordination and scheduling, oversight of all field audit activities, project analysis and report T; aggregation including energy efficiency, renewable energy and power quality projects. As a Lead Mechanical Engineer for EMCOR Energy & Technologies, Mr. Schmitt managed and El provided engineering services for Southern California Edison's (SCE's) and Pacific Gas and Electric Company's (PG&E's) Standard Performance Contract (SPC) customized incentive programs and served as program manager for this work. Mr. Schmitt performed due diligence review of customer incentive applications and post-installation field inspections of the measures. He reviewed the energy efficiency measures in the applications to ensure they are technically sound and follow program guidelines and was also responsible for staff assignments, customer communications and program reporting. AdmiNDoamenlsRemnies/CPS.doc Page 1 of 2 March 25,2009 Newcomb I Anderson I McCormick ! Mr. Schmitt was the overall program manager for EES's work performing energy efficiency site surveys for PG&E customers under contract to PG&E, as well as PG&E's Savings by Design Program- Mr.Schmitt was responsible for staff assignments,customer communications and program reporting. Mr. Schmitt was the lead technical engineer responsible for oversight of an initiative involving lowering the maintained temperature of standby generators through modification of block heater controls for Verizon,a Fortune 10 company. He administered a Pilot Program that involved proposed control modification installafion and generator start tests at ten sites, revealing a 79% decrease in block heater operating time from the modifications- He generated program documents, including a work plan and detailed installation instructions. His responsibilities included reviewing product functionality, coordinating production of block heater control assemblies, and for scheduling and coordinating in-house and contracted installation activities. He also managed the customer interface, including measurement,tracking,and reporting funs ions. Mr. Schmitt designed and coordinated a Verizon corporate initiative to utilize utility pulse meters to provide real-time electric demand information to building operators through the sites' direct digital control (DDC) systems. Mr. Schmitt developed load shedding strategies specific to each site in the initiative and evaluated the potential impacts to both operating conditions and utility demand levels. In the pilot phase, Mr. Schmitt successfully implemented the initiative at 10 sites in 2004. The success of the pilot phase has resulted in 25 sites scheduled for implementation in 2005- Mr- Schmitt was a construction manager for the San Francisco Power Savers Project, which had a goal of lighting efficiency retrofits at over 4,000 small businesses in the City of San Francisco- His --! responsibilities included post-installation field inspection for quality control, progress tracking and reporting, and resolution of problems. He assisted with the program design by co-developing the --:� program's quality control procedures and the contractor selection criteria. He assisted in soliciting and selecting approved contractors for the program, developing the contractor training program, and has performed energy audits for the program. _ - i Mr. Schmitt has assisted with WebGen System's Enterprise Energy Management program, which enables real-time load aggregation and automated, intelligent load curtailment and system control Optimization capability. This is enabled through an Internet-based, artificial neural network control system that monitors energy usage, evaluates consumption profiles, and dynamically controls L I equipment with adaptive energy conserving strategies. For this program, Mr. Schmitt has performed facility evaluations to identify opportunities, develop control strategies, and develop points lists. He L_ has provided technical assistance and testing during implementation and commissioning of this i^system for several large customers. L� As Training Officer for the United States Army, Mr. Schmitt was responsible for all training, long-term 1 planning00person organization covering 3 states. As , guidance and construction projects for an 8 -J Battalion Adjutant, Mr- Schmitt was responsible for all administrative, personnel, legal, and finance tt actions for an organization consisting of 600 personnel- Mr. Schmitt transitioned an archaic database L f to a real-time computer network system. As Executive Officer, Mr. Schmitt was responsible for operations, training, logistics, maintenance and well-being of a 102-person company. Mr. Schmitt's aggressive training achieved top 4 places in engineer skills evaluation, and he redesigned the parts request process, reducing ordering time by 50%. As Engineer Platoon Leader, Mr. Schmitt was in charge of training, operations, welfare, and maintenance of a 23-person engineer platoon of specialty engineering equipment. Mr. Schmitt organized and executed a 3-day engineer demolitions training event,and was recognized as leading the best 20-person team during month-long deployment. Lead Mechanical Engineer,EMCOR Energy&Technologies, Inc., San Francisco,CA Captain,United StatesArtn___., Admin/DecumemsrReSUM&CPS.doe Page 2 of 2 March 25.2009 Newcomb t Anderson l McCormick I � - Principal, Newcomb Anderson McCormick, Inc. San Francisco, California Education - , BS, Marine Engineering, Cal'rfomia Maritime Academy, Vallejo, California, 1979 -� Professional Areas of Specialization Program Management a Regulatory Review - J Energy Savings Performance Contracts Distributed Generation Systems • Power Quality Power Plant Operations and Maintenance Renewable Energy a Green Building Professional Registrations and Affiliations Professional Engineer, Mechanical—California Registration LEED (Leadership in Energy and Environmental Design)Accredited Professional Public Service D City Councilmember, City of Pleasanton, 2004-present Chair, City of Pleasanton Energy Committee, 2003-2004 Pleasanton Planning Commissioner, 1999-2004 As Senior Program Manager for Newcomb Anderson McCormick, Mr. Sullivan is responsible for Eldeveloping and managing energy efficiency and distributed generation programs and projects. He has been involved in energy efficiency program management for California IOUs, higher education, El and many other large scale private and public sector customers, and has been the lead Program Manager for work with the California Community Colleges (CCC) and Investor-Owned Utility (IOU) OEnergy Efficiency Partnership,the San Francisco Public Utilities Commission and numerous others. Professional Experience Mr. Sullivan is a key member of the Program Management Team for the successful CCC-IOU Energy E Efficiency Partnership. This PGC funded program, which is part of the IOU 2010-2012 energy efficiency program cycle, is a $22 million statewide program that serves the 112-campus California El Community College system, and has set aggressive savings goals of 84 million kWh, 2.5 million therms,and peak demand savings of 19 MW. Mr.Sullivan's role in the program includes tracking and oversight of campus energy projects, evaluation of monitoring based commissioning(MBCx)projects, managing program schedules and budgets, as well as planning for the continuation of the Partnership beyond2010-2012. In his capacity as a Senior Engineer at EMCOR Energy Services, Mr. Sullivan served as the consultant Program Manager for the San Francisco Public Utilities Commission's Generation Solar Program, which has a goal of achieving photovoltaic installations at 100 residential or commercial facilities in the City of San Francisco. Mr. Sullivan was responsible for qualifying and selecting contractors for participation in the program; exploring and recommending project financing options El AdmiNDocuments/ResumeslMJS.doc Page 1 of 2 April 11.2011 ElNewcomb I Anderson I McCormick El ({ creating equipment specifications, installation standards, permitting standards and quality assurance Procedures; and assisting SFPUC with overall program management and quality assurance. Mr.Sullivan led the consultant team and had primary responsibility for many of the tasks. Mr. Sullivan was the lead construction manager for EMCOR's work with the San Francisco Power Savers Program, which has a goal of lighting efficiency retrofits at over 4,000 small businesses in the City of San Francisco. His responsibilities included oversight of all program construction managers and contractors, selection of contractors, establishment of contractor pricing and terms, and resolution of problems. He had primary responsibility for developing the program's installation process,quality control procedures, contractor selection criteria,and contractor training program. Mr. Sullivan has managed design-phase activities for a tum-key 14 MW cogeneration plant. This involved oversight of the mechanical, electrical,architectural, structural, civil, air quality,controls,and major equipment design consultants, as well as coordination with the construction team and customer. He most recently managed turnkey design-build solar photovoltaic projects for the City of San Carlos and the Town of Yucca Valley. Both projects were approximately 55 kW systems installed - on municipal facilities. Previously, as Project Manager for PG&E Energy ServicesfChevron Energy Solutions, Mr. Sullivan was responsible for distributed generation, power quality, and demand-side management project development and implementation for commercial and industrial customers. The scope of his responsibilities included project feasibility studies, engineering and financial analysis, equipment - selection, project siting, regulatory and local agency approvals, utility interconnection studies, customer proposals and negotiation and project execution. Mr. Sullivan also led a team of engineering, sales, finance, contractors and project management in program development and - execution. He designed, implemented, and adapted team processes, and developed and managed L__ program scopes,budgets,schedules,and resources. As Program Manager for GE Power Systems, Mr.Sullivan served as a leader for cost estimating and -i Proposal preparation fora $40 million engineering services business and worked in a matrix environment, leading a team of proposal engineers on a nationwide basis. He was responsible for cost estimating, project control, contract negotiation and customer interface on major engineering and construction projects as well as developing and implementing a U.S. government-compliant cost estimating process and system. Mr.Sullivan trained the organization in the cost estimating system and monitored its use and effectiveness over time. Professional Community Service Mr. Sullivan is very active in community service. In his role as Chair of the Pleasanton Energy Committee, he has helped to spearhead many innovative community energy initiatives, including �1 planning and implementation of IOU Local Government Partnerships as a member of the Local t l Government Sustainable Energy Coalition (LGSEC). Mr. Sullivan is now a City Councilmember in Pleasanton,and is leading city efforts to address AB32,the California Global Warming Solutions Act. o o e Ell Program Director,EMCOR Energy&Technologies, Inc.,San Francisco, CA Project Manager,PG&E Energy Services/Chevron Energy Solutions,San Francisco, CA tt Cogeneration Plant Engineering and Maintenance Manager GE Power Systems, Stanford, CAAt Program Manager,Proposals and Estimating, GE Power Systems,Oakland,CA L Project Manager/Field Engineer,GE Power Systems,Oakland,CA L AdminlDocumenWResumes/Wfi.00c Page 2 of April tit,2011 Newcomb l Anderson l McCormick i 7 Senior Program Manager, Newcomb Anderson McCormick, Inc. San Francisco, California Education -� Master's Degree, Urban Planning, University of California Los Angeles, 1993 Bachelor of Arts, Urban Studies, Stanford University, 1991 Professional Areas of Specialization Renewable Energy . Energy Efficiency• Public and Private Sector Procurement Contract Negotiation • Contract Management• Program and Project Management Policy Development Financial Management and Budgeting • Process Improvement Information Technology • Systems Design and Deployment • Business Case Development a Executive Communications • Facilitation and Stakeholder Management As a Senior Program Manager for Newcomb Anderson McCormick, Mr. Driver is responsible for developing and managing renewable energy and energy efficiency programs and —I projects. He has been involved in solar program management for the CPUC and several K- -- 12 school districts in California, energy efficiency program management for California IOUs and higher education, and has been the lead Program Manager for program and process t improvement work with PGBE's core Energy Efficiency programs. — 1 An experienced program manager, Mr. Driver has a proven record of successfully implementing comprehensive business initiatives and advanced technology projects in complex institutional environments while working with diverse stakeholders. He was responsible for managing programs in the transportation and healthcare sectors with budgets of over $300 million. Mr. Driver has a demonstrated ability to deliver large, complex El programs in both the public and private sectors. 0 Professional Experience El Mr. Driver is currently leading NAM's efforts in support of the CPUC's evaluation program for the California Solar Initiative (CSI). The evaluation program is looking at the impacts of CSI on solar technologies, project financing, and the solar marketplace. Mr. Driver is responsible for coordinating the efforts of multiple contractors, defining and monitoring schedules, and 0 reviewing plans and work products. El Mr. Driver's solar experience also includes directing NAM's recent efforts to perform feasibility studies, develop business cases and define specifications for photovoltaic systems El for several public sector clients. These efforts included assessment of the impacts of recent legislation on the financial viability of solar projects, definition of technology options, ED investigation of contracting mechanisms, and analysis of the projects' potential energy and financial impacts. Mr. Driver is responsible for the development of system specifications, which include requirements for all elements of large, commercial solar PV implementations: design, installation, operations, and maintenance. ..____ .._. . ___!4d,gin/Documents/Resume3RHDdoc......_.... _ ._._.._Page - Nevxomb I Andefson I McCormick i j Mr. Driver also led Newcomb Anderson McCormick's work using Primavera 6.2 to manage the 09-11 UC-CSU-IOU Energy Efficiency Statewide Partnership program. Mr. Driver negotiated the contracts for the Primavera system, led the deployment and configuration of the system, and trained users from the IOUs and campuses on its use. The system is being used to track and control over 500 energy efficiency projects, which will grow to over 1100 projects when the 09-11 program is fully rolled out. Mr. Driver has successfully worked with multiple stakeholders to deploy infrastructure, tools, and management information solutions to support best4ri-class program management of the UC-CSU-IOU Partnership. In this role, Mr. Driver also worked directly with campuses to manage their Retrofit, New Construction, and Monitoring-Based Commissioning projects, and participated in regular project review meetings with numerous project managers and third-party contractors to ensure delivery of the Partnership program. Mr. Driver also led PG&E's Integrated Demand Side Management Process Improvement initiative. The initiative was a comprehensive re-engineering of processes and procedures used to manage PG&E's customer energy efficiency programs. Mr. Driver's responsibilities included developing new process models to shorten cycle-times, deploying enhanced quality -� assurance methodologies, and aligning organizational accountabilities. Mr. Driver also led efforts to design modifications to existing programs, create implementation plans for their deployment, deliver training programs to internal and external stakeholders, monitor ongoing operations,and develop continuous program and process optimization strategies. l i As Senior Manager for Kaiser Permanente's KP HealthConnect National Team, Mr. Driver led a diverse team of internal and external resources to implement a system-wide electronic medical record. Mr. Driver managed a portfolio of system operations projects, business process designfimprovement, and system implementation projects. He also led j implementation of the long-term support model for KPHC for all Kaiser regions outside — California. As Principal Program Coordinator for TransLinke at the Metropolitan Transportation l- Commission, Mr. Driver Managed a contract valued at over $300 million to design, build, rr�� operate, and maintain the TransLink® program and led a team of staff, consultants, and contractors implementing TransLinko, the premier transit electronic payment system in the n U.S. Mr. Driver was responsible for all aspects of program management, including project scope, implementation, financial management, stakeholder relationships and contractor performance. Mr. Driver managed all phases of the project life cycle including planning, business case development, procurement(strategy, specification development, and contract negotiation), design,testing, implementation, operation,financing and governance. 77-1 ! ! i Senior Manager and IT Program Director, Revenue Cycle-KP HealthConnect National Team. Kaiser Permanente, Oakland, CA. Senior Manager, Business Support-KP HeakhConnect National Team. Kaiser Permanente, Oakland,CA. Principal Program Coordinator TransLink® Metropolitan Transportation Commission CA-. - -- .._ - - - ---- AdmirdDocumeMyResumeVRHD_doc Page 2 or 2 July 20,2010 Newcomb l Anderson l McCormick i _-1 I �i I ; Energy Engineer, Newcomb Anderson McCormick,Inc. San Francisco, California l Education M.S. Civil Engineering, University of Colorado at Boulder,2009 B.S. Mechanical Engineering, University of Colorado at Boulder,2007 Professional Areas of Specialization Energy Audits and Project Analysis•Project Management Building Energy Simulations •Prograrn Development and Evaluation 11 Data Analysis ^I Professional Registrations,Affiliations American Society of Heating, Refrigerating, and Air-Conditioning Engineers(ASHRAE) American Society of Mechanical Engineers(ASME) • USGB Engineers without Borders (_ As an Energy Engineer for Newcomb Anderson McCormick, Niko Kalinic is responsible for identifying and performing analyses of energy conservation projects for commercial, industrial, and governmental facilities. This work includes field audits, energy use analyses, and evaluation of historical gas and electric demand. Mr. Kalinic uses the information and analyses to recommend specific energy efficient measures based on potential energy savings. Professional.Experience _ Mr. KaNnic provides project management and data analysis services for several large-scale energy efficiency programs, including PGBE's Core and 3P/GP retrocommissioning programs, and the statewide COCK CCC—IGU and UC-CSU-IOU Partnerships As an Energy Engineer with Leaf LLC, Mr. Kalinic facilitated design charettes with building owners; architects, MEP, and contractors in addition to working on LEED administration for existing buildings and new construction. He sized renewable energy systems for LEED pants and El researched potential for LEED projects to generate carbon credits Mr. Kalinic performed detailed energy audits for non-profits and recommended energy savings El measures backed by eQUEST energy models while working with iCAST as an Energy Efficiency El realized He also organized cost estimates,oversaw implementation of measures and determined realized savings through calibrated energy modeling and utility bill analysis- MC • • '. Energy Engineer, Leaf LLC, Boulder, CO El Energy Efficiency Auditor,iCAST, Denver, CO Research Assistant,National Renewable Energy Laboratory,Golden, CO PV Project Leader,Engineers Without Borders,Rwanda Africa _..—.—...__..___ParJ_of_L.___ .__._... Newwmb I Anderson I McCormick EXHIBIT "D" SCHEDULE OF COMPENSATION Consultant's billing rates for the proposed scope of work are identified below: Classification Billing Rates ($/Hr) Principal $195 Senior Program Manager $180 Senior Staff Engineer $180 Staff Engineer $150 Administrative $70 Clerical staff is included in overhead and is not billed separately. Direct costs, including travel and per diem, printing, special materials, mailing and delivery charges, etc. will be billed at cost without markup. Consultant estimates a total of 150 hours of engineering will be required. Total contract amount shall not exceed $25,000, including all hourly and direct costs. END OF EXHIBIT"D" 793626.1 EXHIBIT "E" SCHEDULE OF PERFORMANCE Consultant shall complete the required services within 30 days of receipt of all required materials. END OF EXHIBIT"E" 793626A