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AECOM Technical Services - 2011-06-06
PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO. CITY OF HUNTINGTON BEACH Attn: Joseph Dale P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111111111111111111111111111IIN0 FEE 2014000217199 11:44am 06/04/14 217 402 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to AECOM who was the company thereon for doing the following work to -wit: DESIGN BUILD ENERGY EFFECIENCY PROJECTS That said work was completed September 30, 2013 by said company according to plans and specifications and to the. satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on May 30, 2014 per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Federal Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this May 30, 2014. Dire(dor of P orks or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this May 30, 2014. This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. �2 Director of Public orks or City Engineer City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Council/Agency Meeting Held: Deferred/Continued to: Aplved ❑ Conditionally Approved ❑ Denied CV CI r s Signat re Council Meeting Date: June 6, 2011 _T Department ID Number: AD 11-009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager SUBJECT: Award and authorize execution of an agreement with AECOM Technical Services in the amount of $3,069,487 to implement a Energy Saving Performance Contract; adopt Resolution No. 2011-37 authorizing a $1,675,000 Inter -Fund Loan; and, appropriate $300,000 for the rehabilitation of deferred maintenance items Statement of Issue: Council is being asked to approve a resolution and agreement to implement energy efficiency and infrastructure measures and associated financing. Financial Impact: $3,069,487 in capital costs with $1,675,000 of the funding provided by an inter -fund loan which will be repaid with market rate interest from the annual energy savings generated by the project. The balance of the funding is from grant and utility incentive programs. Recommended Action: Motion to: A) Make the findings that the funds for the repayment of the financing are projected to be available from the funding that otherwise would have been used for purchase of energy; and, B) Award and authorize the Mayor and City Clerk to execute the "Agreement for Program Management Services for Design and Build of Energy Conservation Measures" in the amount of $3,069,487 with AECOM Technical Services; and, C) Approve and adopt Resolution No. 2011-37 authorizing a $1,675,000 inter -fund loan from the City's Water Fund to the City's General Fund for the purpose of funding the loan agreement; and, D) Appropriate funds in the amount of $300,000 for the rehabilitation of deferred maintenance items in the Civic Center, City Yard and Central Library parking lots, waive public bidding requirements, and authorize staff to procure contract services not to exceed $300,000 under the provisions of Government Code 4217; and, E) Authorize City Manager to execute any subsequent documents approved as to form by the City Attorney necessary to advance, manage and complete the project. Alternative Action(s): Do not approve the agreement or adopt Resolution No. 2011-37, and advise staff on how to proceed. HB -327- Item 11. - I COUNCIL ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: AD 11-009 Analysis: On July 6, 2010, City Council approved an agreement .with AECOM to complete a detailed energy audit as the first phase of this energy services project. AECOM was competitively selected using an inter -agency agreement which provides for the two phase contracting process specific to energy savings projects. AECOM's audit of the project costs, feasibility and energy savings must be completed prior to entering into the construction agreement since the audit becomes the scope of work for the construction agreement including the energy savings. This project builds on the success to date of the city's energy management program which was formally documented and adopted by Council in an Energy Action Plan on April 18tn, 2011. The savings created from the previous energy projects is over $375,000 annually. This project represents the next set of cost-effective energy and infrastructure measures that will extend Huntington Beach's leadership in eliminating energy waste, reducing environmental impacts and preparing for future regulations. City staff recommends the award of this construction agreement under Government Code 4217.10 et seq. This code allows public agencies an alternative to the lowest bidder requirements to permit competitive selection of subcontractors that provide the best value in the implementation of energy projects such as this one. The city utilized these provisions in 1999 to implement an energy savings performance contract. This Government Code also provides the mechanism to use debt financing to implement energy savings projects as long as the savings are greater than the cost of financing the improvements. The use of financing to increase the size of the project made certain infrastructure improvements possible that otherwise would not be able to be addressed given the current budget constraints. This project provides a budget neutral mechanism to fund investment in city infrastructure. The specific measures listed below combine energy and infrastructure measures to provide a comprehensive energy solution to the City. City Facilities Energy and Infrastructure Improvements Measure Cost Savings Civic Center Server Virtualization and Server Room HVAC upgrade $216,345 $10,265 Civic Center Chilled Water System upgrade including emergency backup chiller $1,126,902 $58,550 Civic Center Fans and controls upgrades $387,956 $45,775 Civic Center Replace inefficient lighting $176,079 $23,772 Central Library Replace inefficient lighting $232,251 $40,923 Central Library Fans and controls upgrades $216,797 $19,869 Central Library Replace obsolete and wasteful controls system $188,548 $16,541 Central Libra Re -size Theatre transformer $21,445 $2,700 Pier and Beachfront lots LED Lighting upgrades $290,640 $18,941 Lifeguard HQ Computer room AC unit to reduce wear and tear on main $15,179 $473 Item 11. - 2 xB -328- REQUEST FOR COUNCIL ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: AD 11-009 AC unit overnight Gothard & Lake Replace inefficient and poorly $80,172 $844 Fire Stations functioning HVAC units Rodgers Senior's Replace inefficient and poorly $25,865 $184 Center functioning furnaces City Gym — pool Replace inefficient and poorly $50,197 $991 functioning pool heater and improve water treatment Sports Complex Replace inefficient lighting $3,912 $927 All City Facilities Install communicating $37,199 $1,077 thermostats and controllers to save staff time on hot/cold calls and improve scheduling of HVAC services. Civic Center and Address deferred maintenance $300,000 N/A Central Library in parking lots (pavement rehabilitation and repairs) Staff researched potential funding sources that are commonly used for these types of projects ranging from Qualified Energy Conservation Bonds to tax exempt equipment lease financing. The small amount of the financing for this project would have resulted in very high transaction and interest costs. This led staff to an inter -fund loan solution to provide the taxpayers of Huntington Beach the best value by structuring a variable interest, market rate inter -fund loan of $1,675,000 to be repaid over a 10 year term with an annual payment of $200,000, thus avoiding at least $150,000 in transaction costs and penalty interest rates. This project has energy cost savings, using recent energy prices, of about $242,000 annually, compared to the annual debt service payment of $200,000 over the 10 year period. The savings will escalate over the years based on rate increases from the utilities. An additional benefit is the avoided energy consumption also provides a cleaner environment protecting the quality of life in Huntington Beach. The City has been a leader in meeting future regulatory mandates through energy efficiency and renewable energy. If approved this project would propel the City to 134% of the 2020 regulatory requirement for electricity savings and 42% of the natural gas savings. Environmental Status: This project is exempt from CEQA under the following provisions: § 15268 — Ministerial projects; each installation for energy efficiency does not require discretionary approval. § 15301 — Class 1; Maintenance/permitting/minor alteration of existing public/private structures. Negligible/no expansion of existing uses. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment HB -329- Item 11. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/6/2011 DEPARTMENT ID NUMBER: AD 11-009 Attachment(s): e Detcription 1. "Agreement for Program Management Services for Design and Build of Energy Conservation Measures" with guaranteed maximum price 2. Exhibit A - Investment Grade Assessment Report 3. Exhibit B — Schedule of Values 4. Exhibit C - Schedule of Performance 5. 1 Exhibit D - IESNA and ASHRAE comfort standards 6. Exhibit E - EECBG Flow -down Terms and Conditions 7. Resolution No. 2011-37, including Inter -Fund Loan Agreement and amortization table Item 11. - 4 HB -330- r Table of Contents AGREEMENT FOR PROGRAM MANAGEMENT SERVICES FOR DESIGN AND BUILD OF ENERGY CONSERVATION MEASURES Exhibit A — Investment Grade Audit Report Exhibit B — Schedule of Values Exhibit C — Schedule of Performance Exhibit D — ASHRAE and IESNA standards Exhibit E — Special Terms and Conditions for Flow -down awards Page I of 39 Energy Program Management AGREEMENT FOR PROGRAM MANAGEMENT SERVICES FOR DESIGN AND BUILD OF Energy Conservation Measures This PROGRAM MANAGEMENT/DESIGN BUILD AGREEMENT (the "Agreement") is entered into this 06 day of June, 2011, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (the "City"), and AECOM Technical Services, Inc., a California corporation (the "Program Manager"). RECITALS City and Program Manager enter into this Agreement with reference to the following recited facts: City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Municipal Code of City; and Program Manager is a California corporation duly organized and validly existing under the laws of the State of California and is currently operating at 440 Stevens Ave. Ste. 250 Solana Beach, CA 92075; and City is planning to implement the planning, design, bidding, and construction of energy conservation measures described in Appendix A Investment Grade Audit Report and related site improvements, located in city owned facilities as described in Appendix A, which is attached hereto and incorporated in full by this reference; and Program Manager previously managed the Investment Grade Assessment Audit Report schematic and design development phases for the Project (as defined in Section 2 of this Agreement) pursuant to the Professional Services Agreement with Program Manager entered into on July 6th, 2010; and City desires that Program Manager provide additional services relative to the pre - qualification of certain contractors for the Project, obtaining and evaluating bids from contractors for the construction and installation of the Project, awarding such contracts, supervising such construction and installation and providing other related services, all as described in and subject to the terms and conditions of this Agreement, and Program Manager desires to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and for valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and Program Manager agree as follows: Page 2 of 39 Energy Program Management 1. INCORPORATION OF RECITALS. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference. 2. DEFINITIONS & GENERAL PROVISIONS. In addition to the definitions ascribed to certain words, phrases or terms in the Preamble or Recitals of this Agreement, the following words, phrases or terms shall have the following definitions: "Allowance" means additional resources included in Program Manager's estimate to cover the cost of known but undefined requirements for an individual activity, work item, account or sub -account expressly identified as such in the summary breakdown of the GMP attached hereto as Exhibit B and incorporated herein by this reference. There are no Allowances except as specifically identified in the GMP. When Program Manager is capable of determining the actual cost associated with an Allowance, an appropriate additive or deductive change order shall be issued. "Bid Documents" means and refers to each solicitation for and contract to be entered into between the Program Manager and each Prime Contractor for each individual construction element of the Project to be performed by such Prime Contractor, the Plans and Specifications applicable to such individual construction element of the Project to be performed by such Prime Contractor, and all other conditions and requirements to be satisfied by the particular Prime Contractor and its sub -contractors, if any, regarding such individual construction element of the Project, all in compliance with all applicable laws of City and all other governmental entities including, but not limited to, state, federal, and county. "City" means the City of Huntington Beach, California. "City Council" means the City Council of the City of Huntington Beach, California. "City Attorney" means the City Attorney for the City of Huntington Beach, California. "Construction Contracts" means construction and material supply contracts awarded to Prime Contractors in accordance with the requirements of this Agreement. "Contingency" means an amount applied to any cost for any Scope of Work required or reasonably inferable from the Contract Documents for the Project, as determined by Program Manager in its sole and absolute discretion. "Prime Contractors" means the construction contractors, subcontractors and material and labor suppliers to be awarded construction or material or labor supply contracts by Program Manager for all or any portion of the construction of the Project. Page 3 of 39 Energy Program Management "Consultant(s)" means Engineers and other consultants hired by Program Manager pursuant to this Agreement. "Consultant(s) Agreements" means the contracts executed between Program Manager and its Consultant(s). TECBG Funding" shall mean federal funds as described in the 2009 recovery act funding, along with its related flow -down terms and conditions (Exhibit E). "Day" means a calendar day unless otherwise specifically designated. "Defective" or "Defect" is an adjective referring to work that is faulty or deficient, in that it does not substantially conform to the Plans and Specifications, or does not meet the requirements of any required inspections, reference standard, test, or approval referred to in the Plans and Specifications. "Designated City Representative" means the City Manager or his/her designee as set forth in writing to Program Manager. "Differing Site Conditions" are subsurface or latent physical conditions at the Project Site differing materially from those conditions indicated or reasonably inferable from a reasonable evaluation in accordance with industry custom or unknown or unforeseen physical conditions at the Project Site of an unusual nature, differing materially from conditions normally encountered and generally recognized as inherent in work of the nature provided for in the Plans and Specifications. "General Conditions, Contracts and Specifications" means those documents necessary for the construction of the Project. "Guaranteed Maximum Price" and "GMP" mean and refer, interchangeably, to the fixed amount of $3,069,487, which is the total cost of the Scope of Work, as more particularly described in Exhibit B, which is attached hereto and incorporated by this reference, which shall include, but not be limited to, the following: (a) the total costs of designing, engineering, managing, bidding, and constructing the Project; (b) the Professional Services Fixed Fee; (c) the allowable reimbursables of Program Manager identified in Exhibit B; (d) the fees, costs and allowable reimbursables of the Consultants as identified in Exhibit B; (e) the fees, costs and allowable reimbursables of the Prime Contractors, as set forth in the Construction Contracts to be awarded in accordance with this Agreement; (f) cost of insurance required by this Agreement; (g) cost of bonds required by this Agreement; (h) cost of fulfilling warranty obligations as required by this Agreement; (i) sales, use, gross receipts and similar taxes; Q) late charges as defined in Section 8.6 and (k) Program Manager's Contingency as identified in Exhibit B. Program Manager may apply the Contingency to any cost for any Scope of Work required or reasonably inferable from the contract documents for the Project, as determined by Program Manager in its sole and absolute discretion, except that Page 4 of 39 Energy Program Management Contingency may not be applied to the Professional Services Fixed Fee and Contingency will not be applied to any cost of the Project work attributable to a scope change (all such changes in scope will instead adjust the GMP, including an increase to the Professional Services Fixed Fee, by change order). Where applicable, the terms "Guaranteed Maximum Price" and "GMP" shall each include adjustments made in accordance with Section 7.1 of this Agreement. The Guaranteed Maximum Price specifically excludes the following costs (all of which are City's responsibility): a) fees charged by another governmental entity or utility service provider necessary for the construction of the Project, (b) building and safety inspections provided by City, and all Off -Site -Work. Additionally, the GMP is subject to the express qualifications, exclusions and Allowances set forth in Exhibit B. "Incentives" means all utility and state energy office funding for energy efficiency measures. "Laws" means all codes, statutes, ordinances, permits, orders, and any rules and regulations promulgated thereunder of any governmental or quasigovernmental agencies, bodies, authorities and courts having jurisdiction over the Project or any portion thereof. "Measurement and Verification" shall mean formal protocols undertaken to verify Energy Savings described in Exhibit A. "Notice of Completion" means and refers to a Notice of Completion pursuant to California Civil Code §3093. "Off -Site Work" means and refers, collectively, to all necessary design, engineering, permitting, demolition, excavation, construction, utilities work, and/or other work to be performed at any location other than the Project Site (or as expressly set forth as Off - Site Work in the Scope of Work) in connection with the Project. "Parties" means and refers, collectively, to City and Program Manager. "Party" means and refers, individually, to either City or Program Manager, as applicable. "Energy Performance Risk" means an agreed -to value incorporated in the GMP (Exhibit B) that is payable upon successful Measurement and Verification of Energy Savings as described in Exhibit A. Should Program Manager fail to provide for verified savings as described, said value may be forfeited per Section 7.5. "Permissible Delay" means a delay that impacts the Schedule of Performance and that is caused by any of the following: (a) any failure by City to timely approve or disapprove any plans, applications or change orders, to inspect the construction within the time provided in Section 5.5 or to issue any permit for the development of the Project on the Project Site within the time allowed in the Schedule of Performance except to the extent that the delay is caused by the actions or inactions of Program Manager, its Consultants Page 5 of 39 Energy Program Management or the Prime Contractors; (b) any Off -Site Work designated in the Scope of Work as being the responsibility of City that is not completed within the time frame set forth in the Schedule of Performance; (c) Differing Site Conditions as described in Section 11 of this Agreement; (d) an act or omission of City, by any separate contractor or agent employed by City, or by changes to the Project ordered by the Designated City Representative; and/or (e) force majeure causes that are beyond Program Manager's control, and that are not reasonably foreseeable, that prevent or impair Program Manager from its performance of any terms; conditions, obligations or requirements of this Agreement including, but not limited to, any strikes, acts of God, civil emergencies, inability to obtain labor or materials, work stoppages ordered by City or any governmental agency or court that are beyond the control of Program Manager, fire, act of war, act of terrorism, natural disaster or adverse weather condition not reasonably anticipated. A Permissible Delay shall also mean any delay that impacts a critical path item set forth in the Schedule of Performance that is authorized by the Designated City Representative pending settlement of a dispute. "Plans and Specifications" means and refers to all plans and specifications for soliciting bids from Prime Contractors and construction and installation of the Project on the Project Site, all as prepared by or on behalf of Program Manager "Pre -Qualification Questionnaires" means and refers to pre -qualification questionnaires procedures for pre -qualifying certain Prime Contractors for the Project developed by Program Manager in compliance with all applicable Laws and regulations.and approved by City, in its sole and absolute discretion, prior to any actual pre -qualification of contractors. "Principal Members of Program Manager" means Brian Pottenger. "Professional Services Fixed Fee" means and refers to the fixed amount of three hundred sixty one thousand, seven hundred twenty seven Dollars ($361,727.87) to be paid to Program Manager by City for Program Manager's services under this Agreement, exclusive of any fees or costs of Consultants, Prime Contractors, laborers, materials, equipment, allowable reimbursable items or other direct or indirect costs incurred by Program Manager in constructing and installing the Project pursuant to this Agreement, and which amount is included within the Guaranteed Maximum Price. "Program Manager" means AECOM Technical Services, Inc. "Project" means and refers, collectively, to all necessary design, engineering, permitting, demolition, and construction to undertake the planning, design, bidding, and construction of Energy Conservation Measures and Related Site Improvements, located in or on City Facilities as set forth in Exhibits A and B attached to this Agreement and incorporated herein by this reference. Page 6 of 39 Energy Program Management "Project Documents" means this Agreement, the Exhibits attached hereto, any agreements between Program Manager, its Consultants and/or Prime Contractors and related General Conditions, and Plans and Specifications. "Project Site" means the site locations, in the City of Huntington Beach, County of Orange, for the Project as more particularly described and depicted in Exhibit A. "Project Work" means and refers, collectively, to necessary design, engineering, permitting, demolition, and construction to undertake the planning, design, bidding, and construction of City's energy conservation measures and related site improvements, located at Project Sites. "Schedule of Performance" means and refers to the schedule for the performance of this Agreement as depicted in Exhibit C, which is attached hereto and incorporated herein by this reference. The Schedule of Performance is a critical path method project schedule; consequently, Program Manager's completion of the Project Work in accordance with the Schedule of Performance is conditioned upon City timely performing all of its obligations under this Agreement, including, without limitation, making progress payments and providing necessary approvals and replies to Bid Documents, submittals and requests for information. "Scope of Work" means the Scope of Work as set forth in Section 3 and Exhibits A and B. "Substantial Completion" means the date on which the Project Work has progressed to the point where, in the opinion of City, at its sole discretion which shall not be unreasonably withheld, the Project Work is sufficiently complete, in accordance with the Project Documents, so that the Project Work can be occupied and utilized for the purposes for which it is intended. A "Certificate of Substantial Completion" signed by the Program Manager, and City shall evidence this date. The terms "substantially complete" and "substantially completed" as applied to the Project Work refer to Substantial Completion thereof. "Substantial Completion Date" means the date set forth in the Schedule of Performance (Exhibit C) for Program Manager to achieve Substantial Completion of the Project Work. The Substantial Completion Date may be adjusted in accordance with the provisions of this Agreement. 3. SCOPE OF WORK. 3.1 Program Manager shall furnish or cause to be furnished all professional services, equipment, facilities, materials and labor necessary to perform in a complete, skillful and professional manner the Project Work as more particularly described in Exhibits A and B attached hereto and incorporated herein by this reference within the time periods set forth in the Schedule of Performance (Exhibit C), as it may be adjusted pursuant to this Agreement. The Scope of Work is subject to Program Manager's qualifications and exclusions set forth in Exhibit B. Page 7 of 39 Energy Program Management 3.2 Program Manager shall (a) provide general administration of the Project; (b) manage to the requirements of the Project Documents; (c) manage and coordinate the Consultants and the processing of Plans and Specifications for the Project; (d) manage, bidding all components of construction for the Project, including requiring that all competitive bidding requirements applicable to the Project are complied with in accordance with State and Federal law; and (e) manage and coordinate the services of construction for the purpose of causing the Project to be completed within the GMP, in accordance with the Project Documents, and within the time periods set forth in the Schedule of Performance. Program Manager shall perform its services in accordance with the standards of skill, quality and care adhered to by recognized firms performing services of a like or similar nature under like or similar circumstances. 3.3 Program Manager represents that it possesses and will maintain at its sole cost and expense any and all licenses, permits, qualifications, insurance, and approvals of whatsoever nature necessary to discharge its obligations under this Agreement. 3.4 Upon approval of this Agreement and receipt of City's written Notice To Proceed, Program Manager shall then commence its services. It is understood and agreed that as work proceeds on the Project, certain clarifications and modifications will have to be made, including adjustments in preliminary designs, site work and elevations, as well as detailing of materials. Modification of the Scope of Work shall be approved by the Designated City Representative provided the Modifications of the Scope of Work substantially conform to the scope and budget of the Project as set forth in Exhibits A and B, as well as later developed drawings, provided further except as authorized in writing by City, under no circumstances shall the cost of the Project Work exceed the GMP. 3.5 Program Manager agrees to keep the Designated City Representative informed at all times regarding the status of all phases of the planning, design, and construction of the Project, including, at a minimum, weekly meetings with the Designated City Representative. Program Manager shall discuss and review all matters relating to policy and Project direction with the Designated City Representative in advance of all critical decision points, as set forth in the Schedule of Performance, in order to ensure the Project proceeds in a manner consistent with City goals and policies. Program Manager shall obtain the Designated City Representative's prior approval before presenting any drawings, Plans and Specifications to any applicable jurisdictional agency for review and/or approval. Program Manager shall utilize its best efforts to notify the Designated City Representative not less than two (2) working days prior to any meeting with any applicable jurisdictional agency and/or public or private company and the Designated City Representative may, at his/her option, elect to attend such meetings. 3.6 Program Manager is an independent contractor and is not an agent or employee of City. Except as expressly set forth in this Agreement, nothing in this Agreement shall be deemed to constitute approval for Program Manager or its Page 8 of 39 Energy Program Management Consultants or any of Program Manager's or its Consultant's employees or agents, to be the agents or employees of City. Program Manager shall have the responsibility for and control over the means of performing the Project Work, provided that Program Manager is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Program Manager as to the details of the performance or to exercise a measure of control over Program Manager shall mean only that Program Manager shall follow the desires of City with respect to the results of the services. 3.7 It is the express intent of City and Program Manager that all elements of the Project will be competitively bid under separate Bid Documents and in accordance with California Government Code 4217 et seq as well as any applicable State and Federal Laws as set forth herein. Certain aspects of this project may be bid using a prequalification procedure as approved by the Designated City Representative, and in accordance with the optional pre -qualification procedure set forth in Sections 3.8. 3.8. Subsequent to City's approval of the Pre -Qualification process Program Manager shall publish notices soliciting contractors to pre -qualify to bid on portions of the Project that City and Program Manager jointly determine, in their sole discretion, will be pre -qualified in accordance with §Government Code §4217. Within the time period allowed for in the Schedule of Performance, Program Manager may elect to pre -qualify any contractors that may bid to become a Prime Contractor on the Project, using the Pre -Qualification process approved by the City. 3.9 Within the time period allowed for in the Schedule of Performance, Program Manager shall cause Bid Documents to be prepared for each individual construction element of the Project that is to be separately bid and submit all such Bid Documents to City for review and approval in accordance with the time period allowed for in the Schedule of Performance. Subsequent to City's approval of a set of Bid Documents, and in accordance with the time period allowed for in the Schedule of Performance for an individual construction element of the Project that is to be separately bid Program Manager shall solicit fixed -price bids for that individual construction element of the Project from the contractors identified pursuant to Subsection 3.8. All such bids are to be submitted within the time period allowed for in the Schedule of Performance. Program Manager or its Consultants shall answer questions of bidders and generate addenda to the Bid Documents, as necessary and after approval by the Designated City Representative, during the bidding process for each individual construction element of the Project. The Program Manager shall receive and open bids from contractors for each individual construction element of the Project bid pursuant to the Bid Documents for each individual construction element of the Project. Program Manager shall evaluate all complete bids received. The Program Manager shall consult with the Designated City Representative on its evaluation findings. 3.10 If one or more complete bids for the individual construction element of the Project is/are received from a responsive and responsible bidder, as determined by the Page 9 of 39 Energy Program Management Program Manager, Program Manager shall submit the bids, with its analysis of the identity of the best value bidder on the individual construction element of the Project, pursuant to the Bid Documents, to the Designated City Representative. If a Construction Contract is awarded by Program Manager, all such contracts shall be subject and subordinate to all of the terms and conditions of this Agreement and shall expressly or by reference incorporate the terms and conditions of this Agreement. 3.11 The Program Manager shall ensure that all federal and state law prevailing wage laws are followed including solicitations, and contracts for individual construction elements properly reference Davis -Bacon wage determination(s) per 29 CFR 1.6.(b). Program Manager shall comply with the flow down requirements for subawardees specified in the "Special Provisions Relating to Work Funded under American Recovery and Reinvestment Act of 2009" which apply to this agreement. The specific provisions are provided as EXHIBIT E attached hereto and incorporated herein by reference. 4. PROGRAM MANAGER'S RESPONSIBILITIES. 4.1 Time is of the essence in the performance of services under this Agreement. Program Manager shall be responsible for complying with the Schedule of Performance, to cause to be delivered to City in a timely manner all design work necessary for the implementation of the Project, to assure that all construction work is bid or negotiated in accordance with the public bidding requirements and to oversee all Prime Contractors as set forth in the Project Documents, as well as any exhibits attached hereto. While Program Manager is responsible for complying with the Schedule of Performance. Program Manager's completion of the Project in accordance with the schedule of performance and GMP is conditioned upon City timely performing all of its obligations under this Agreement, including, without limitation, making progress payments and providing necessary approvals and replies to include Bid Documents, submittals and requests for information. 4.2 Program Manager shall assure that the agreements executed by it, and by all Prime Contractors will, in the aggregate, satisfactorily provide all labor, materials, tools, and construction equipment necessary for the execution and completion of the Scope of Work, and that all Construction Contracts will incorporate within their contract sums the payment by the Prime Contractors for all sales, use, gross receipts and similar taxes related to the Project. Program Manager shall be responsible for any of such costs due to its failure to cause same to be provided by the Prime Contractors. Program Manager is not responsible for any Off -Site Work (if any) that is expressly designated in the Scope of Work as being the responsibility of City. 4.3 Program Manager shall ensure that the Project is completed in accordance with the Schedule of Performance. The Schedule of Performance may be revised as a result of Permissible Delays. All revisions to the Schedule of Performance shall be approved in writing by the City representative. Program Manager shall ensure that the scheduled date for substantial completion of the construction of the Project in the Page 10 of 39 Energy Program Management Construction Management Agreement is on or before the scheduled Substantial Completion Date provided in this Agreement. 4.4 Program Manager shall. ensure that all Bid Documents released for competitive public bidding to prospective Prime Contractors, and all contracts subsequently awarded to Prime Contractors, shall include a requirement that such Prime Contractors keep the Project Site free from accumulation of waste materials, construction debris or rubbish caused by such Prime Contractors' operations. 4.5 Program Manager shall comply and shall require its Consultants and the Prime Contractors to comply with all Safety Laws (as hereinafter defined) of City that are now in effect and all other governmental entities including, but not limited to, state, federal, and county whether now in force or hereinafter enacted, except to the extent any subsequent Safety Laws are not by law to be applied retroactively. "Safety Laws" are those statutes, ordinances, policies, rules, regulations, and requirements intended to safeguard against accidents or injury to persons on, about or adjacent to the Project Site. The requirement to comply with Safety Laws shall not apply, however, with respect to the elimination or abatement of safety hazards created or otherwise resulting from work at the Project Site carried on by persons or firms directly employed or engaged by City and not a part of the Project. City shall coordinate with Program Manager, and shall cause any persons or firms directly employed or engaged by City and not a part of the Project or its tenants to abide by and fully adhere to all applicable provisions of federal, state and local Safety Laws and regulations and to comply with the reasonable request by Program for the elimination and abatement of any such safety hazard. 4.6 Program Manager shall keep full and detailed accounts as may be necessary for the proper construction and financial management under this Agreement. The system will contain Program Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Agreement. 4.7 Program Manager shall obtain or keep and City shall have the right to examine and audit, all books, estimates, records, contracts, documents, Bid Documents, subcontracts, and other data of Program Manager (including computations and projections), and the Prime Contractors related to bidding, negotiating, pricing, or performing change order modifications in order to evaluate the accuracy and completeness of the cost or pricing data. The expense of said audit shall be at the sole cost of City. Program Manager shall retain the materials described in this subsection, for examination, audit, or reproduction, until three (3) years after final settlement under this agreement, unless required to retain longer as a condition of local, state, or federal regulations, ordinances or policies. 4.8 Program Manager shall insert a clause containing the above audit provisions in all Construction Contracts. 4.9 Program Manager shall cause the Project construction work to be bid in accordance with competitive bidding requirements. The City delegates the authority to Page 11 of 39 Energy Program Management the Program Manager to follow Government Code §4217 who shall consult the Designated City Representative throughout each procurement stage. Program Manager shall consult with the City on progress, evaluations, negotiations, awards and issues as they relate to the procurement process for construction work. 4.10 Program Manager will require all Prime Contractors to prosecute the Project Work in a manner to minimize public inconvenience and possible hazard, as applicable, to restore the streets and other work areas to their former usefulness as soon as possible, and to protect public and private property adjacent to the Project. 4.11 Program Manager shall have the right during the course of construction of the Project to make "minor field changes," without seeking the approval of City, except to the extent that any such changes increase the cost of the GMP to City or individually or cumulatively delay the completion of the Project beyond the Substantial Completion Date or reduce the energy savings that can be expected from the scope of work. "Minor field changes" shall be defined as those changes from the approved construction drawings and Plans and Specifications that have no material effect on the Project and are made in order to expedite the work of construction in response to field conditions. Nothing contained in this subsection shall be deemed to constitute a waiver of or change in the City's Building Code requirements governing any such "minor field changes" or in any approvals by City otherwise required for any such "minor field changes." "Minor field changes" shall be documented, in writing, in daily field logs or equivalent and made available for City inspection. All minor field changes shall result in the utilization of systems or materials of equal or greater aesthetic quality, durability and anticipated life cycle to the approved systems or materials. 4.12 Program Manager covenants and agrees for itself, its Consultants, its Prime Contractors and their respective successors and assigns, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the performance of this Agreement or the work of improvement of the Project nor shall Program Manager, itself or any person claiming under or through it, establish or knowingly permit any such practice or practices of discrimination or segregation with reference to the performance of this Agreement or the work of improvement of the Project. 4.13 Program Manager warrants that it has not paid or given, and will not pay or give, any third party any money, in kind contributions, or other consideration for obtaining this Agreement. Third parties, for the purposes of this subsection shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects, construction managers, and the like when such fees are considered necessary by Program Manager. 4.14 Program Manager shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations and shall assure that the construction Page 12 of 39 Energy Program Management documents comply with all applicable federal, state and local laws, statutes, ordinances and regulations. 4.15 Program Manager will submit all plans for plan checks and will apply for and obtain all building permit(s), grading permit(s) and construction permit(s) required by City. Program Manager shall pay all fees in connection therewith, at no cost to City. 5. THE CITY'S RESPONSIBILITIES. 5.1 City shall provide in timely manner full information regarding its requirements for the Project hereunder. 5.2 The Designated City Representative shall render, in accordance with the Schedule of Performance, all decisions requested by Program Manager, which may be necessary to perform the Project Work in accordance with the plan of performance. All decisions rendered by the Designated City Representative shall be binding upon City. Any other City representative(s) present at the Project Site during construction shall be subject to reasonable rules as may be imposed by Program Manager. Furthermore, it is expressly understood that all City communication to Program Manager or any of its Consultants or their employees shall be issued solely by the Designated City Representative and delivered exclusively to Program Manager. In turn, all communications from Program Manager or any of its Consultants or their employees to City shall be issued solely by Program Manager and delivered exclusively to the Designated City Representative. 5.3 If City discovers any fault, Defect or nonconformance in the Project or with the Plans. or Specifications, City shall give prompt written notice to Program Manager. The City shall approve, in writing, the final Plans and Specifications prior to issuance of a building permit(s). 5.4 Costs necessitated by changes the City requests subsequent to final plan check generated by City's field inspections, except as necessary to comply with the applicable Codes or to complete the work as originally intended by the approved construction drawings and specifications, and changes mandated by other jurisdictional agencies will be added to the Contingency. 6. SCHEDULE. 6.1 The Designated City Representative shall issue a written notice to proceed to Program Manager on or before 5:00 p.m. local time on June 8th, 2011. If said notice to proceed is not received by Program Manager by the aforementioned time and date, then this Agreement shall be deemed immediately rescinded and null and void in all parts, including Section 7 below. Page 13 of 39 Energy Program Management 6.2 The Program Manager will assure that the Project is substantially completed no later than the Substantial Completion Date provided in the Schedule of Performance as extended by Permissible Delays. 6.3 Program Manager shall assure that each Construction Contract provides that warranties called for by the Project Documents shall commence on either the date of Substantial Completion of the Project. When Program Manager considers that the Work is ready for its intended use, Program Manager shall certify to City that the Work is substantially complete (except for items specifically listed by Program Manager as incomplete) in accordance with the Plans and Specifications ("Program Manager's Notice of Completion"). Promptly thereafter, City and Program Manager shall make an inspection of the Work to determine the status of completion. If City does not consider the Work substantially complete, City shall notify Program Manager in writing giving the reasons therefor. If City considers the Work substantially complete, City shall prepare and deliver to Program Manager a tentative certificate of Substantial Completion. The Certificate shall include by attachment a tentative list of items to be completed or corrected. A definitive certificate of Substantial Completion agreed to by the the Program Manager and the City shall then be issued with the revised tentative list of items to be completed or corrected. The Certificate shall include by attachment the list of items to be completed or corrected. City and Program Manager shall prepare an addendum to the Certificate of Substantial completion stating their respective responsibilities for security, maintenance, heat, utilities, and changes to the Project Work and insurance. The Certificate of Substantial Completion shall also contain a punch list of items to be completed or corrected and establish the time for the completion and correction of the punch list items. 6.4 Following the completion of each of the items specifically identified in the Certificate of Substantial Completion as incomplete, if any, and upon written request from Program Manager for issuance of the Notice of Acceptance, City shall inspect the Project to determine whether or not the Project has been completed in compliance with the Plans and Specifications and with this Agreement. If City determines that the Project is complete and in compliance with this Agreement, City shall issue a Notice of Acceptance for the Project to Program Manager. If City determines that the Project is not in compliance with this Agreement, City shall send written notice of each non- conformity to Program Manager. 6.5 If City fails or refuses to issue a Notice of Acceptance for the Project, after written request from Program Manager, City shall, within fifteen (15) calendar days of Program Manager's written request, provide Program Manager with a written statement setting forth the reasons for City's failure or refusal to issue a Notice of Acceptance. The statement shall also specify the action(s) Program Manager must take to obtain a Notice of Acceptance from City. If the reason for such refusal is confined to the immediate unavailability of specific items or materials for construction or landscaping or other minor items, City may, but is not required to, issue its Notice of Acceptance upon the posting of a bond or irrevocable standby letter of credit by Program Manager in a Page 14 of 39 Energy Program Management form reasonably acceptable to City in an amount representing the fair value of the Project Work not yet completed, as reasonably determined by City. 7. GUARANTEED MAXIMUM PRICE. 7.1 City shall pay Program Manager and Program Manager agrees to accept in full payment for Program Manager providing all services, labor, material and equipment for satisfactory completion of all of the Project Work pursuant to this Agreement: (a) the Guaranteed Maximum Price ("GMP") of $3,069,487, plus any adjustments as provided below; or (b) the sum of all direct and indirect costs incurred by Program Manager set forth in Exhibit B for the satisfactory completion of the Project Work pursuant to this Agreement plus the amount of the Professional Services Fixed Fee, whichever is less. The GMP may only be adjusted as a result of the following: (a) Allowances as identified in Exhibit B; (b) late charges as set forth in Section 8.6; (c) Differing Site Conditions as set forth in Section 11; (d) Permissible Delays as set forth in Section 12; (e) changes to the Scope of Work as set forth in Section 17; and (f) changes in the law as set forth in Section 28. The Parties agree that: (a) Program Manager shall be responsible for ensuring that the GMP is not exceeded, except as provided above; (b) City will not be responsible to expend any amount for the Project Work in excess of the GMP, except as provided above; and (c) any amount for the Project Work over the GMP shall be the sole responsibility of Program Manager and Program Manager shall proceed with the Project as approved and pay with its own funds all costs in excess of the GMP. Without limiting the requirement that the City will be responsible to pay only the lesser of the GMP or the sum of all direct and indirect costs incurred by Program Manager set forth in Exhibit B for the satisfactory completion of the Project Work pursuant to this Agreement plus the amount of the Professional Services Fixed Fee, if the total aggregate amount of the cost to complete the Scope of Work exceeds the remaining unpaid balance of the GMP, then City shall have the right to retain any portion of the Professional Services Fixed Fee or Performance Risk Value reasonably necessary to cover the shortfall. Nothing in this Agreement or its exhibits is intended to create a line item guaranty (only the GMP is guaranteed), and Program Manager may, in its sole and absolute discretion, allocate any savings from any individual line item or its Contingency, except Allowances, to any costs for any Project Work required or reasonably inferable from the Project Documents for the Project. 7.2 Subject to City's right to retain the Professional Services Fixed Fee as set forth in Subsection 7.1, Program Manager's Professional Services Fixed Fee compensation in the amount of $361,727.87, as shown on Exhibit B, shall be paid to Program Manager as follows: 7.2.1 The Professional Services Fixed Fee shall be paid in 14 equal monthly installments. 7.2.2 Program Manager shall submit to City its request for payment at the same time and in the same manner as submission of progress payments in Section 8 below. The Designated City Representative shall review Program Manager's request for Page 15 of 39 Energy Program Management payment and shall inform Program Manager of any reasons why such request is not suitable for payment, if any, within five (5) working days. 7.2.3 Unless the total aggregate amount of the cost to complete the Scope of Work exceeds the total aggregate of the GMP, less the Professional Services Fixed Fee amount, or liquidated damages are due and owing in accordance with Section 12.2, City shall authorize release of any retained funds upon completion of all of the following: 7.2.3.1 All punch list items identified in the Certificate of Substantial Completion; 7.2.3.2 All operation and maintenance manual(s) turned over and accepted by City; 7.2.3.3 All end user training substantially completed; 7.2.3.4 All warranty certificates received and filed with the appropriate manufacturer(s); 7.2.3.5 All as -built drawings received, reviewed and accepted by Program Manager and City; and 7.2.3.6 Issuance by City of the Temporary Certificate of Occupancy. 7.3 Program Manager's Professional Services Fixed Fee is subject to adjustment as provided in Sections 12 and 17 hereof ("Changes"). 7.4. Schedule Performance Risk value is 25% of the Schedule and Risk Performance Value as described in Exhibit A. These funds shall be released to the Program Manager upon successful and timely completion of the improvements and acceptance of such by the City, subject to the schedule adjustment and other limitations provided in the agreement. 7.5 Energy Performance Risk value is 75% of the Schedule and Risk Performance value as described in Exhibit A. These funds shall be released to the Program Manager upon successful completion of the Measurement and Verification period described in Exhibit A. If the Measurement and Verification process described in Exhibit A fails to document +/- 10% of the projected energy savings, Program Manager at its own expense will complete the work necessary to achieve +/- 10% of the projected energy savings. At the completion of the Program Manager's remedy period an additional Measurement and Verification period will commence. If at the completion of the second Measurement and Verification period the energy savings are not achieved +/- 10%, Program Manager shall forfeit the Energy Performance Risk value. 7.6 Pursuant to California Labor Code §1861, Program Manager gives the following certifications: Program Manager is aware of the provisions of California Labor Code §3700, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code, and Program Manager will comply with such provisions (to the extent applicable) Page 16 of 39 Energy Program Management and require all Consultants and all Prime Contractors to comply with such provisions before commencing the performance of their respective Project Work. 8. PROGRESS PAYMENTS. 8.1 Payments shall be made by City to Program Manager for disbursement to its Consultants and to Prime Contractors according to the following procedure: 8.2 City shall make progress payments monthly as the Project Work proceeds based on the percentage of Project work completed. Program Manager shall furnish a summary breakdown of the total GMP on Schedule of Values reasonably acceptable to City, showing the amount included therein for each principal category of the Project Work, in such detail as reasonably requested, to provide a basis for determining progress payments. 8.3 Unless otherwise provided in the Project Documents, the cost of materials and equipment delivered and suitably stored at the Project Site for subsequent incorporation in the Project Work shall be included in progress payments. If approved in advance by City, payment may be similarly made for materials and equipment suitably stored off the Project Site at a location agreed upon in writing. Payment to Prime Contractors and suppliers for materials and equipment stored on or off the Project Site shall be conditioned upon City's verification of the invoices, compliance with procedures satisfactory to City to establish City's title to such materials and equipment or otherwise protect City's interest, and shall include applicable insurance, storage and transportation to the Project Site for such materials and equipment stored off the Project Site. City may reject materials when delivered to the Project Site if materials are not in the same condition as approved in the off -site storage facilities. 8.4 On or before the twenty-fifth (25th) day of the month immediately preceding a month in which Program Manager will submit a Payment Request, the Designated City Representative and Program Manager shall meet to review a preliminary draft of such Payment Request (hereinafter referred to as a "Pencil Draw"). Program Manager shall revise the Pencil Draw in accordance with any objection or recommendation of City that is consistent with the terms of this Agreement. Such revised Pencil Draw shall be re- submitted by Program Manager to City as the Payment Request to be due on the first (1st) day of the month immediately following the month in which the Pencil Draw was first submitted to City. Program Manager shall also submit with each Payment Request a written narrative describing the basis for requesting payment for any item set forth in the Payment Request that does not conform to instructions of City in connection with the Pencil Draw. Progress Payment Requests shall be submitted no later than the first (1s) day of each month, or the first business day of City thereafter, if the first (1st) day of the month falls on a day other than a business day of City. Program Manager shall submit appropriate lien releases from each party having lien rights in the Project with each Progress Payment Request. 8.5 Upon receipt of a payment request, City shall: Page 17 of 39 Energy Program Management 8.5.1 Review that request promptly for the purpose of determining if the payment request is a proper payment request; and 8.5.2 Return any payment request determined not to be a proper request suitable for payment to Program Manager as soon as practicable, but not later than five (5) working days after receipt. The returned request for payment shall be accompanied by a document setting forth in writing the specific reasons why the payment request is not proper. 8.6 Any progress payment that is properly submitted and not timely disputed shall be paid within thirty (30) days of submission. If not so paid, City shall pay to Program Manager interest at the rate set forth in Code of Civil Procedure §685.010(a). Any interest paid by City shall result in an adjustment of the GMP in an amount equal to the interest. Program Manager shall remit payment to all of its Consultants, vendors and the Prime Contractors on or before thirty (30) days of Program Manager's receipt of payment of same by City. 8.7 Unless otherwise provided below, City will retain 10 percent (10%) of progress payments for construction costs until thirty-five (35) days following recordation of a Notice of Completion. City will not retain any portion of the progress payments reflecting design costs. 8.8 Except as otherwise prohibited by law, Program Manager may elect to require City to disburse to Program Manager payments payable to its Prime Contractors without any retention, by causing its affected Prime Contractors to post securities in accordance with California Public Contract Code §22300, which is hereby incorporated by this reference. 8.9 In accordance with law, or otherwise, City may withhold payment (in excess of retentions) or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect City from loss on account of the following (and each Construction Contract shall allow withholding for): 8.9.1 Defective work not in the process of being remedied and/or other disputes between City and a Prime Contractor. 8.9.2 "Stop Notice" or mechanic's liens claims filed with City, Program Manager when the cause thereof is not due to City's unexcused failure to pay Program Manager in accordance with the terms of this Agreement. 8.9.3 State, federal and governmental agency claims or liens when the cause thereof is not due to City's unexcused failure to pay Program Manager in accordance with the terms of this Agreement. Page 18 of 39 Energy Program Management 8.9.4 Failure of Program Manager to make payments properly to Prime Contractors for material or labor when no actual dispute exists concerning such payment. 8.9.5 Default of Program Manager or its Consultants in the performance of any material term of this Agreement. 8.10 If stop notices or mechanic's liens are filed against the Project or state, federal or other governmental agency claims or liens are filed, City shall withhold the amount required by law from progress payments or certificates until such claims and liens shall have been resolved pursuant to applicable law. However, if the cause of the Stop Notice is due to City's unexcused failure to pay Program Manager in accordance with the terms of this Agreement, then Program Manager shall be entitled to make a claim for any damages incurred as a result of or arising out of the withholding. 9. FINAL PAYMENT. 9.1 Unless otherwise required by Public Contract Code §7107, City shall pay the final payment due for the remaining Project costs, and Program Manager shall be authorized to disburse same to its Consultants and Prime Contractors, when: 9.1.1 The Agreement has been fully performed by Program Manager (excluding any executory warranty requirements); 9.1.2 Request for Final Payment has been made; 9.1.3 Release of all claims, liens and Stop Notices has been accomplished when the cause thereof is not due to City's unexcused failure to pay Program Manager in accordance with the terms of this Agreement; 9.1.4 Program Manager has presented to City unconditional releases of all filed claims against City by Program Manager, and/or by the Prime Contractors when the cause thereof is not due to City's unexcused failure to pay Program Manager in accordance with the terms of this Agreement; and 9.1.5 Program Manager has complied with the conditions precedent set forth in Section 9.4 below. 9.2 Program Manager may, if any Prime Contractor refuses to furnish a release or receipt in full, furnish a bond or letter of credit satisfactory to City, to indemnify against any such lien or claim. 9.3 When the Certificate of Substantial Completion is fully executed and all punch list items completed, the Designated City Representative will issue a Notice of Completion and within ten (10) days after formal acceptance by City Council will record such Notice of Completion. A certified conformed copy of the recorded Notice of . Page 19 of 39 Energy Program Management Completion will be sent to Program Manager. Following Final Completion, City will place the formal acceptance on the agenda for the earliest upcoming City Council meeting consistent with the City's customary agenda preparation procedures. 9.4 Notwithstanding the foregoing, neither final payment nor any remaining retained percentage shall become due until Program Manager submits to City (a) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project Work for which City or City's property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (b) a certificate evidencing that insurance required by the Project Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to City; (c) a written statement that Program Manager knows of no substantial reason why the insurance will not be renewable to cover the period required by the Project Documents; (d) consent of surety, if any, to final payment; and (e) if required by City, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Agreement to the extent and in such form as may reasonably be designated by City. If a Prime Contractor refuses to furnish a release or waiver required by City, Program Manager may furnish a bond or letter of credit satisfactory to City to indemnify City against such lien when the cause thereof is not due to City's failure to pay Program Manager in accordance with the terms of this Agreement. If such lien remains unsatisfied after payments are made, Program Manager shall refund, or cause to be refunded, to City all money that City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.5 Program Manager shall, from the effective date of the Notice of Completion until the expiration of three (3) years after final settlement under this Agreement, preserve and make available to City upon request, all its books, records, documents, and other evidence bearing on Program Manager's performance and the costs and expenses of Program Manager under this Agreement. 10. INDEMNIFICATION. 10.1 Program Manager hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against claims, damages, losses, expenses, judgments, demands, defense costs, including those resulting from death or injury to Program Manager's employees and damage to Program Manager's property, to the extent arising directly or indirectly out of the obligations or operations herein undertaken by Program Manager, caused in whole or in part by any negligent act or omission of the Program Manager, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Program Manager will conduct all defense at its sole cost and expense and City shall approve selection of Program Manager's counsel. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this Page 20 of 39 Energy Program Management obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Program Manager. If any such Claim, action, or proceeding is brought pursuant to Subsection 10.1 against the indemnified Parties, Program Manager upon notice from City shall defend the same at Program Manager's expense by competent and conflict -free counsel selected by Program Manager and approved by City. 10.2 Neither party to this Agreement shall be liable to the other party or any third party claiming through the other respective party, for any special, incidental, indirect, punitive, liquidated, economic, delay or consequential damages of any kind including but not limited to lost profits but not including losses related to use of property, facilities or resources, that may result from this Agreement, or out of any goods or services furnished hereunder. 10.3 City shall not be liable or responsible for any accident, loss or damage occurring on or to the work prior to the completion and acceptance of same, unless otherwise specifically agreed to at the time of occupancy by City, except as required by City's Builder's Risk policy. 11. DIFFERING SITE CONDITIONS. 11.1 If Differing Site Conditions are encountered, Program Manager shall ensure that notice by the observing party shall be given promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. Program Manager shall investigate such conditions and consult with the Designated City Representative regarding whether the conditions constitute a Differing Site Condition. If City and Program Manager agree that a Differing Site Condition exists, Program Manager will cause the affected Prime Contractors to be notified and to prepare change orders to their Construction Contracts to reflect such additional expense and/or time. If the Designated City Representative agrees to the time adjustment and cost contained in the proposed change order, the proposed change order shall be processed under the guidelines set forth in Section 17 below. The GMP shall be adjusted to account for the increased costs attributable to such Differing Site Conditions to the extent approved by City. Any time delay associated with such Differing Site Condition shall also cause an equitable adjustment to the Substantial Completion Date. If the City determines that the conditions at the Project Site are not at material variance with those indicated in the Project Documents and that no change in the items of this Agreement is justified, the City shall so notify Program Manager in writing, stating the reasons. After obtaining such notice from City, Program Manager shall assure that all potentially affected Prime Contractors of such determination and such reasons. Claims by City in opposition to such determination must be made within ten (10) days after the City has given notice of its determination. If City and Program Manager or any Prime Contractor cannot mutually agree regarding whether a Differing Site Condition exists and/or the amount of an adjustment to the contract sum or time extension for an Page 21 of 39 Energy Program Management affected Construction Contract, the adjustments, if any, shall be determined in accordance with the guidelines set forth in Section 19 below. 12. DELAYS. 12.1 Permissible Delays. 12.1.1 Time Extensions. If a Permissible Delay occurs, then the Substantial Completion Date shall be extended for the period of time caused by such Permissible Delay. If City and Program Manager agree that a Permissible Delay has occurred and the period of time that the Substantial Completion Date should be extended as a result of the Permissible Delay, the Substantial Completion Date shall be extended by change order. If City and Program Manager cannot agree that a Permissible Delay has occurred and/or the period of time that the Substantial Completion Date should be extended as a result of the alleged Permissible Delay, the adjustment to the Substantial Completion Date, if any, shall, be determined in accordance with Section 19 below. 12.1.2 Costs. Program Manager shall have a claim for Program Manager's, Prime Contractors, and Consultants' direct costs associated with delays that impact the Schedule of Performance and which are caused by any of the following: (a) any failure by City to approve or disapprove any plans or applications or to issue any permit for the development of the Project on the Project Site within the time allowed in the Schedule of Performance except to the extent that the delay is caused by the actions or inactions of Program Manager, its Consultants or the Prime Contractors; (b) any Off -Site Work designated in the Scope of Work as being the responsibility of City that is not completed within the time frame set forth in the Schedule of Performance; or (c) an act or omission of City, by any separate contractor or agent employed by City. Direct costs shall not include: (1) lost opportunity costs; (2) consequential damages; (3) insurance; (4) taxes; (5) home office overhead; and/or (6) other costs incurred by Program Manager and/or the Consultants which cannot be identified specifically with the Project. Program Manager shall also have a claim for Prime Contractor's direct and indirect costs associated with the delays set for in this subsection, which shall be determined in accordance with the provisions contained in the Construction Contracts. If City and Program Manager agree that the foregoing type of delay has occurred and the costs due and owing Program Manager as a result thereof, the amount of the costs agreed to shall be paid by change order. If City and Program Manager cannot agree that the foregoing type of delay has occurred and/or the amount of costs, the adjustment of Program Manager's compensation, if any, shall, be determined in accordance with Section 19 below. 12.1.3 Changes. Program Manager shall have a claim for an adjustment of Program Manager's compensation for Differing Site Conditions as described in Section 11 of this Agreement and changes to the Project. The adjustment of Program Manager's compensation shall be calculated in accordance with Section 17 of this Agreement and processed by change order, unless the claim is disputed by City. If the Page 22 of 39 Energy Program Management claim is disputed by City, the adjustment, if any, shall, be determined in accordance with Section 19 below. 12.1.4 Time of Payment. Payments for the cost of all Permissible Delays not in dispute shall be paid as reimbursable costs. 12.2 Liquidated Damages. In the event of a delay other than a Permissible Delay, the Parties acknowledge and agree that damages will be sustained by City. Execution of this Agreement shall constitute agreement by the Parties that if the Project is not Substantially Completed by the Substantial Completion Date, City will suffer damages, the actual amount of which is impractical and infeasible to determine. Therefore, City and Program Manager agree that Program Manager shall pay to City as liquidated damages, and not as a penalty, the sum of $500 per day for each and every calendar day of delay beyond the Substantial Completion Date as adjusted for Permissible Delays, that the Project is not Substantially Completed. If Program Manager fails to pay such liquidated damages, City may deduct the amount thereof from any money due or that may become due Program Manager under the Agreement. 13. INSURANCE. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, Program Manager acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Program Manager covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Program Manager shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Program Manager shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Program Manager shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Program Manager shall similarly require all subcontractors to waive subrogation. GENERAL LIABILITY INSURANCE In addition to the workers' compensation and employer's liability insurance and Program Manager's covenant to hold harmless and indemnify City, Program Manager shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify City, its officers, employees and authorized agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is Page 23 of 39 Energy Program Management provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, authorized agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project shall be deemed excess coverage and that Program Manager's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of City; however an insurance policy "deductible" of $5,000.00 is permitted.. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, Program Manager shall furnish to City certificates of insurance subject to approval of the City evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and Program Manager shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. Program Manager shall provide that insurance policies will not be canceled or modified without thirty (30) days' prior written notice of City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Program Manager's hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Program Manager shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Program Manager shall provide a separate copy of the additional insured endorsement to each of Program Manager's insurance policies, naming City, its officers, elected and appointed officials, employees, authorized agents and volunteers as Additional Insureds, to the City for approval prior to any payment hereunder. 13.1 General Requirements. Without limiting Program Manager's indemnification of City, Program Manager shall maintain and shall require its Consultants, Prime Contractors and any other person or entity providing services to Program Manager hereunder to maintain in force at all times during the performance of this Agreement, at their own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Page 24 of 39 Energy Program Management 13.1.1 Certificates of Insurance. Program Manager shall provide and shall require its Consultants and Prime Contractors to provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City prior to commencement of performance or of the Project Work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. 13.1.2 Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 13.1.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) for all insurance to be provided by this Agreement, except Workers' Compensation Coverage which shall have an assigned policyholders' Rating of B+ (or higher), and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 13.1.4 Coverage Requirements. 13.1.4.1 Workers' Compensation Coverage. Program Manager shall maintain and shall require its Consultants and Prime Contractors to maintain Workers' Compensation insurance and Employer's Liability insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultants shall require each subcontractor to similarly maintain Workers' Compensation insurance and Employer's Liability insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of cancellation for nonpayment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Program Manager, Prime Contractors and its Consultants for City. 13.1.4.2 General Liability Coverage. Program Manager shall maintain and shall require its Consultants and Prime Contractors to maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate for bodily injury, personal injury, and property damage, including without limitation, contractual liability. 13.1.4.3 Automobile Liability Coverage. Program Manager shall maintain and shall require its Consultants and Prime Contractors to maintain automobile insurance covering bodily injury and property damage for all activities of Program Manager its Consultants and Prime Contractors arising out of or in connection with work Page 25 of 39 Energy Program Management to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. 13.1.4.4 Professional Errors and Omissions Insurance. Program Manager shall maintain and shall require its Consultants to maintain professional errors and omissions insurance, including coverage for contractual liability, which covers the services to be performed in connection with this Agreement in the minimum amount of Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. All claims made errors and omission policies shall provide for a reporting period of not less than three years. 13.1.5 Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 13.1.5.1 City, its elected or appointed officers, officials, employees, authorized agents and volunteers are to be covered as additional insureds with respect to liability arising out of the work performed by the insured. 13.1.5.2 This policy shall be considered primary insurance with respect to City, its elected or appointed officers, officials, employees, agents and volunteers with respect to all claims, losses, or liability arising directly or indirectly from the insured's operations or services provided to City. Any insurance maintained by City, including any self -insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 13.1.5.3 This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 13.1.5.4 The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 13.1.5.5 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 13.1.5.6 The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. Only this endorsement shall apply to the errors and omissions policy. 13.1.6 Timely Notice of Claims. Program Manager shall give and shall require the Prime Contractors, and any Consultant to give City prompt and timely notice of claim made, including claims against the builder's risk policy, or suit instituted arising Page 26 of 39 Energy Program Management out of or resulting from this Agreement or any agreement between any of the foregoing parties. 13.1.7 Additional Insurance. Program Manager shall also procure and maintain and shall require its Consultants to procure and maintain, at their own cost and expense, any additional kinds of insurance, which in their own judgment may be necessary for its proper protection and prosecution of the Project Work. 13.2 Fire Insurance. Program Manager shall, to the extent appropriate, and each Prime Contractor, to the extent appropriate, maintain fire insurance on such party's own equipment and machinery, or to adequately self -insure the same. 13.3 Property Insurance Builders Risk. City shall provide, or cause to be provided, and maintain at its sole cost (including the cost of any deductibles), property insurance in the amount of the value of the improvements on the property where the Project is to be constructed on a replacement cost basis. The property insurance shall insure against the perils of fire (with extended coverage), theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm, and physical loss or damage including, without duplication of coverage, payments for falsework, testing and startup, temporary buildings and debris removal, and shall cover reasonable compensation for Program Manager's services and expenses required as a result of such covered reasonable insured loss. The insurance shall include the interest of City, Program Manager and its agents (including its Consultants and the Prime Contractors). Such insurance shall be on an all-risk policy form reasonably acceptable to Program Manager, and Program Manager, its Consultants and its Prime Contractors shall be named as additional insureds. Additionally, the insurer shall waive all rights of subrogation against Program Manager, its Consultants, and its Prime Contractors. 13.4 Contractor Insurance. The types and amounts of all policy or policies of liability insurance to be provided by the Prime Contractors and requirements related thereto shall be set forth in the Bid Documents and Construction Contracts and shall be paid by the Prime Contractors at their own cost and expense. 14. BONDS. 14.1 General Requirement. This section sets forth the bonding requirements, which shall be imposed upon the Prime Contractors. 14.1.1 Before allowing a Prime Contractor to enter upon the Project Site and perform Project construction work, Program Manager shall cause to be filed with City four (4) duplicates of each Performance Bond and Payment Bond, in the form attached hereto as Exhibits D and E, respectively, and incorporated herein by this reference, required under this section. These bonds shall be in the amounts and for the purposes specified below. The surety bonds shall be issued by a California Admitted Surety; and, either a current A.M. Best A:VIII rated Surety or an admitted surety insurer which complies with the provisions of the California Code of Civil Procedure §995.660. Page 27 of 39 Energy Program Management 14.1.2 Should any surety or sureties upon said bonds or any of them become insufficient, Program Manager shall cause its Prime Contractors to obtain replacement bonds with good and sufficient sureties within ten (10) days after receiving notice from City that the surety or sureties are insufficient. The costs of any required bonds (whether original or replacement) are included in the GMP. 14.2 Performance Bond. Program Manager shall require each Prime Contractor to deliver to City an executed Performance Bond in favor of City on a form reasonably acceptable to City and equal in amount to 100% of the contract sum of such Prime Contractor's Construction Contract, as security for the faithful performance by such Prime Contractor of the Prime Contractor's obligations under the Prime Contractor's Construction Contract, including the warranty period of one-year for its respective contract. The cost of the foregoing bond is included in the GMP. 14.3 Payment Bond. Program Manager shall require each Prime Contractor to deliver to City an executed Payment Bond in favor of City in an amount equal to 100% of the contract sum of such Prime Contractor's Construction Contract as security for the payment of all persons performing labor and furnishing materials under such Prime Contractor's Construction Contract. The cost of the foregoing bonds is included in the GMP. 15. DESIGN DOCUMENTS. 15.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Program Manager or its Consultants in the course of implementing this Agreement, shall remain the property of Program Manager or its Consultants, as applicable, and City shall have the right to use such Documents in the construction, operation, renovation, and modification of the Project without further compensation to Program Manager, Consultant or any other person or entity. Program Manager grants (and will require its Consultants to grant) to City a non-exclusive license to the Project Documents. Among those Documents are certain "Instruments of Service," including the design drawings and all drawings, Plans and Specifications and other documents that are included in the Project Documents. Program Manager and its Consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 15.2 Documents, including drawings and specifications, prepared by Program Manager or its Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Program Manager and its Consultants will be at City's sole risk and without liability to Program Manager or its Consultants. Further, any and all liability arising out of changes made to Program Manager and its Consultant's deliverables under this Agreement by City or persons other than Program Manager or Page 28 of 39 Energy Program Management its Consultant is waived against Program Manager and its Consultants and City assumes full responsibility for such changes unless City has given Program Manager and its Consultants prior notice and has received from Program Manager and its Consultants written consent for such changes. Additionally, City shall indemnify and defend Program Manager and its Consultants from any liability resulting from the re -use or unauthorized use of the Documents by City or its agents. 15.3 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard Mylar with a minimum thickness of three mils. Program Manager shall ensure preparation of record drawings for the Project showing all technical elements of the Project as actually constructed and installed, following completion of the Project. Program Manager shall deliver these record drawings to City on the date of final payment. 15.4 CADD data delivered to City, if any, shall include the professional stamp of the engineer in charge of or responsible for the Project Work. City agrees that Program Manager and its Consultants shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Program Manager and its Consultants. By acceptance of CADD data, City agrees to indemnify Program Manager and its Consultants for damages and liability resulting from the modification or misuse of such CADD data. All original drawings submitted to City, if any, shall be in the version of AutoCAD file format acceptable to City on a CD, and should comply with City's digital submission requirements for Improvement Plans. City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in City's latest adopted version of Microsoft Word and Excel. Because data stored in electronic media format may deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, City agrees that it will perform acceptance tests or procedures within sixty (60) days and shall immediately notify Program Manager of any errors detected by City. Program Manager or its Consultants will correct any errors detected within sixty (60) days after receiving notice from City. Program Manager shall not be responsible to maintain documents stored in electronic media format after acceptance by City. When transferring documents in electronic media format, Program Manager makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those used by Program Manager or its Consultants at the beginning of the Project. If discrepancies exist between the electronic files and the hard copies, the hard copies shall govern. i'[1It:W7►�it -AwirkI Page 29 of 39 Energy Program Management 16.1 Default. Except as otherwise provided in this Agreement, failure or delay by either party to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that a party otherwise in default shall not be deemed to be in breach under this Agreement if such party: (a) in the case of a non -monetary default, commences to cure, correct or remedy the default, within fifteen(15) days after receipt of written notice from the injured party specifying such default, and diligently and continuously prosecutes such cure, correction or remedy to completion (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits); or (b) in the case of a monetary default, cures the default within ten (10) days after receipt of written notice from the injured Party specifying such default. 16.2 Remedies. The injured party shall give written notice of default to the party in default, specifying the default complained of by the non -defaulting party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. Any failure or delays by either party in asserting any of their rights and/or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of their rights and/or remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties under this Agreement 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. 16.3 Termination. This Agreement may be terminated by City for the convenience of City, with or without cause, at any time, by giving Program Manager thirty (30) days advance written notice. In the event of termination by City for any reason other than the default of Program Manager under this Agreement, City shall pay Program Manager for all labor and materials supplied to the Project up to the date of termination, unpaid but earned portions of fees to Program Manager, Construction Manager and those of Prime Contractors, and twenty-five percent (25%) of the remaining unearned Professional Services Fixed Fee; provided that the sum of all such amounts shall never exceed the Guaranteed Maximum Price. In the event of material breach of this Agreement by Program Manager or the failure to cure a breach after notice of default in accordance with Subsection 16.1, City may terminate this Agreement by providing Program Manager notice thereof and may thereafter reduce any payment due to Program Manager from City by an amount necessary to offset City's damage resulting from the breach, and may pursue any other remedy available under this Agreement, at law or in equity against Program Manager for the breach. Program Manager may not terminate this Agreement except on the basis of a material default of City under this Agreement. In the event this Agreement is terminated, Program Manager shall, if so requested by the City, assign to City, effective upon such termination, all of its agreements with its Consultants (and City shall assume Program Manager's rights Page 30 of 39 Energy Program Management and obligations of such agreements), subject to the prior rights of the surety providing the payment and performance bond required under this Agreement. 17. CHANGES. City shall have the right to make additions, deductions or other changes to the Scope of Work as provided in this section. Changes to the Scope of Work will be effected by written change orders, which will detail the addition, deduction, or other changes to the Scope of Work, as well as the adjustments to the GMP and/or the Schedule of Performance. If City and Program Manager cannot reach agreement as the terms and conditions of a change order, such disagreement will be resolved in accordance with Section 19. 17.1 Changes Affecting Program Manager. Changes to the Scope of Work to which City and Program Manager agree may result in an adjustment to the GMP and shall result in an adjustment of Program Manager's fee compensation which shall be determined as follows: 17.1.1 For services performed by Program Manager under this Agreement due to an approved change in the Scope of the Work of the Project or as a result of Differing Site Conditions, five percent (5%) of the net cost of the work (including work performed by Consultants, fees, equipment, labor and materials reflected in each change order with Prime Contractors that results from such Scope of Work change or Differing Site Condition). 17.2 Changes Affecting Prime Contractors. Change orders affecting the Prime Contractors, and the rules governing the implementation thereof, shall be set forth in the Construction Contracts. 17.3 Changes Affecting Consultants. Adjustments to the total compensation of the Consultants shall be calculated on a negotiated fixed -price basis. 17.4 Approval of Change Orders. Program Manager may request additions to or deletions from the scope of the Project by submitting a change order request to City specifying the basis for any requested change and any requested adjustment to the Guaranteed Maximum Price and the Schedule of Performance occasioned by any such change order request. Change order requests shall be acted upon by the City in a timely manner such that its related decision does not adversely impact the Schedule of Performance Change orders shall be approved or disapproved in accordance with the City's Adopted Change Order Policy Change orders that require City Council approval can only be approved at a City Council meeting and shall be presented to the Designated City Representative in final form with sufficient time to meet City Council requirements. 18. WARRANTY. Page 31 of 39 Energy Program Management Program Manager shall assure that the goods are suitable for the purpose identified herein require each Prime Contractor to warrant to City in writing that all material and equipment furnished under such Prime Contractor's Construction Contract will be merchantable and of good quality and new unless otherwise required or permitted by the Project Documents, that such Prime Contractor's work will be free from Defects not inherent in the quality required or permitted, and that the Prime Contractor's work will conform with the requirements of the Project Documents for a period of one (1) year from the date of the Certificate of Substantial Completion for the Project. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered Defective. Such warranties may exclude damage or Defects caused by abuse, modifications not performed by the Prime Contractor, improper or insufficient maintenance, improper operation, and normal wear and tear under normal usage or improper or Defective work on other portions of the Project performed by other Prime Contractors. 19. DISPUTES /CLAIMS. 19.1 Claims Resolution Involving Prime Contractors. Disputes involving Prime Contractors shall be resolved in accordance with the rules set forth in the Construction Contracts. 19.2 Dispute Resolution under this Agreement. Unless both Parties otherwise agree in writing, all disputes between the Parties regarding the interpretation of this Agreement or the performance by a Party hereunder shall be subject to the dispute resolution procedures set forth in this Section 19.2 as a condition precedent to the institution of legal or equitable proceedings by either Party. Program Manager and City intend to resolve all disputes at the Project level without resorting to legal proceedings. Consistent with this intent, Program Manager and City shall endeavor to include a similar statement of intent and resolution procedure in contracts they each enter into so that all disputes can be considered at the Project level as a precondition to further proceedings. Upon notification of a dispute by City or Program Manager to the other occurring before Substantial Completion, City and Program Manager shall meet promptly to attempt to resolve the dispute. If unsuccessful, then prior to the initiation of any action or proceeding under the Contract Documents, Program Manager and City shall make a good faith effort to resolve the dispute by an Early Neutral Evaluation process. The parties shall select an objective third party ("Evaluator") with expertise in the designing and construction of similar Projects. In all disputes concerning performance claims, the Evaluator will render an assessment of the dispute, which the parties shall use to structure a framework for settlement, or, at a minimum, to streamline the issues that will ultimately be settled, arbitrated or litigated as set forth below. To facilitate resolution, each party shall prepare a "position paper" setting forth the material basis for their respective position. Each party shall also prepare a short presentation before the Evaluator. Upon completion of the presentation, the Evaluator will identify areas of agreement, forecast liabilities, and establish, if applicable, a range for liability. Nothing disclosed by any party or evaluation made by the Evaluator may be admitted in Page 32 of 39 Energy Program Management any subsequent arbitration or litigation. The Parties shall share the Evaluator's fee and the filing fee equally. 20. WAGE RATES. 20.1 In accordance with the California Labor Code §1770 et seq., the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Project Work is to be performed for each craft, classification, or type of workman or mechanic to be used in completing the Project Work. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. Program Manager shall ensure that the Construction Contracts require the Prime Contractors to obtain a copy of said determination, post a copy of said determination at the Project Site, pay prevailing wages, and comply with all provisions of the California Labor Code relating to the payment of prevailing wages [Sections 1770-1798 inclusive].- superceded by EECBG Flow -down terms and conditions in Exhibit E. 20.2 Program Manager shall require that each Prime Contractor and subcontractor under him, pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Agreement. 20.3 In case it becomes necessary for Program Manager or any Prime Contractor to employ on the Project any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate is herein specified, such Program Manager or Prime Contractor shall promptly thereafter contact the California Director of Industrial Relations to determine the prevailing rate for such additional trade or occupation and shall furnish such party with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 21. LABOR COMPLIANCE. 21.1 General Requirements. The Parties acknowledge that certain labor compliance regulations may apply to the Project. It shall be Program Manager's responsibility to assure that the following procedures and record keeping are undertaken. 21.2 Procedures. Program Manager shall be responsible to enforce the Construction Contract provisions and ensure that all labor compliance requirements (if any) are performed and documented in the Project file(s). Generally, labor compliance requirements shall be discussed at the pre -construction conference. When labor compliance problems are discovered, Program Manager will require that they be reported to City. Program Manager is responsible for determining the appropriate action required to remedy or address the problem. When labor compliance problems are Page 33 of 39 Energy Program Management discovered by process review they should be documented in the process review report with a recommendation for correction of the problem. 21.3 Record Keeping. Program Manager must maintain sufficient records to ensure each Prime Contractor's compliance with wage and apprenticeship sections of the Agreement. 22. RESTRICTIONS AGAINST CHANGE IN OWNERSHIP. MANAGEMENT OR CONTROL OF PROGRAM MANAGER; RESTRICTIONS AGAINST TRANSFER OF PROGRAM MANAGER'S RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT. 22.1 The qualifications and identities of Program Manager, the Principal Members of Program Manager, are of particular and unique concern to City. City would not enter into this Agreement were it not for the qualifications and identities of Program Manager and the Principal Members of Program Manager. 22.2 Program Manager shall make available the Principal Members of the Program Manager (so long as they are employed by Program Manager, and subject to Program Manager's right to reassign a Principal Member based on the Principal Member's performance) at all reasonable times during the term of this Agreement. 22.3 Program Manager shall not remove or reassign the Principal Members of Program Manager (so long as they are employed by Program Manager) without the prior written consent of City, which consent will not be unreasonably withheld. 22.4 Program Manager shall promptly replace a respective Principal Member at the request of the City Representative based on the Principal Member's performance. 22.5 Program Manager shall promptly notify City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in control of Program Manager, as well as any and all changes in the interest or the degree of control of Program Manager by any such party, of which information Program Manager or any of its shareholders, principals, members or officers have been notified or may otherwise have knowledge or information. 22.6 Subject to the provisions of Paragraph 22.4 above, if Program Manager replaces or terminates the Program Manager or remove or reassign the Principal Members of Program Manager, without the prior approval of City in each circumstance, City may terminate this Agreement, prior to completion of the Project, or City may seek any other available relief; provided, however, that (a) City shall first notify Program Manager in, writing of its intention to terminate this Agreement or to exercise any other remedy, and (b) Program Manager shall have thirty (30) calendar days following its receipt of such written notice to commence and, thereafter, diligently and continuously proceed to cure the default of Program Manager and submit evidence of the initiation and satisfactory completion of such cure to City, in a form and substance reasonably satisfactory to City. Page 34 of 39 Energy Program Management 22.7 Program Manager shall not sell, assign, convey, create any trust estate with respect to or otherwise transfer any of its interests in this Agreement, without the prior written approval of City, which approval shall not be unreasonably withheld. Program Manager recognizes that the qualifications and identity of Program Manager are of particular concern to City and that a sale, assignment, conveyance, creation of a trust estate with respect to or other transfer of any of Program Manager's interests in this Agreement is, for all practical purposes, a transfer or disposition of the responsibilities of Program Manager with respect to this Agreement, and, therefore, are only allowed in accordance with the provisions of Section 22. 23. ASSIGNMENT. Neither this Agreement nor any part thereof shall be assigned by Program Manager without the prior written consent of City. Any such purported assignment without City's written consent shall be null and void, and Program Manager shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. 24. CONFIDENTIALITY. All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential to the maximum extent permitted by law. 25. ENVIRONMENTAL INDEMNITY HAZARDOUS SUBSTANCE. 25.1 Program Manager represents and warrants that it will not place, store, generate, use, release or deposit any hazardous substance on the License Area. Program Manager further agrees to clean-up and remediate any hazardous substance on the Energy Conservation Measures described in Exhibit A, and hold CITY harmless from and indemnify CITY against any release of any such hazardous substance caused by Program Manager and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof provided, however, the foregoing indemnity shall not apply or relate to the discovery of any facts or conditions undisclosed to Program Manager as pre-existing conditions in, on or under the Project Sites, including but not limited to those caused by CITY, or any diminution of or impact on valuations of all or any portion of the Project Sites. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into Page 35 of 39 Energy Program Management the environment will or may reasonably be anticipated to cause sickness, death or disease 25.2 If, during performance of Work, Program Manager or their contractors reasonably believes that it has encountered or detected the presence of Hazardous Materials, Program Manager will promptly stop work and notify City of such Hazardous Materials or conditions. The City will investigate for the presence of Hazardous Materials and inform the Parties of the results of this evaluation. At City's discretion, City will remove, dispose of, abate or remediate to appropriate third party standards all unforeseen or non -disclosed hazardous materials or City may abandon all or a portion of the measure. Any Schedule of Performance delay or increase in the Work or costs as a result of the testing, presence, removal, disposal, abatement or remediation of Hazardous Materials shall be grounds for schedule and cost relief. 26. INTELLECTUAL PROPERTY INDEMNITY. Program Manager shall and shall require its Consultants to defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, related to any drawings and specifications for the Project. 27. CONFLICTS OF INTEREST. Program Manager acknowledges that it and/or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and California Government Code §1090, which (a) require public officers, employees and certain consultants to disclose any financial interest that may foreseeably be materially affected by the Project Work performed under this Agreement, and (b) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Program Manager shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Program Manager shall indemnify and hold harmless City for any and all claims for damages resulting from Program Manager's violation of this section. 28. COMPLIANCE WITH ALL LAWS. Unless otherwise provided below, Program Manager shall at its own cost and expense comply with (and require its Consultants and the Prime Contractors to comply with) all Laws applicable to their respective performance of the Project Work enacted or promulgated by: (a) City (b) all other governmental entities including, but not limited to, state, federal, and county whether now in force or hereinafter enacted; and (c) all permit requirements. If any subsequent Laws are enacted that must be complied with and which affects the time or cost of the Project, Program Manager shall submit a revised GMP and Schedule of Performance to reflect such changes and, once approved by Page 36 of 39 Energy Program Management City, is authorized to process change orders with affected Prime Contractors consistent with the approved revisions to the GMP and Schedule of Performance. 29. WAIVER. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or -any other term, covenant or condition contained herein, whether of the same or a different character. K%X_1i81_21iNI_ ►7 � lai; 01 This Agreement may be modified or amended only by a written document executed by both Program Manager and City and approved as to form by the City Attorney. 31. SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 32. CONTROLLING LAW AND VENUE. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 33. CONFLICTS IN DOCUMENTS. In the event of conflict between the terms set forth in the Agreement and any Exhibits, the provisions listed in the Agreement shall control, with the exception of Exhibit E — EECBG flow -down terms and conditions which shall control. 34. NOTICE. 34.1 Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Huntington Beach 2000 Main Street Energy Program Management To Program Manager: AECOM Technical Services, Inc. 440 Stevens Avenue, Suite 250 Page 37 of 39 Huntington Beach, CA 92647 Solana Beach, CA 92075 Attention: Dan Estrada 34.2 A Party may change its address by giving notice in writing to the other Party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, religious, County of Orange or City holidays shall be excluded. 35. NON -LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No member, official or employee of City shall be personally liable to Program Manager or any successor in interest in the event of any default or breach by City under this Agreement or for any amount that may become due to Program Manager or to its successor, or on any obligations under the terms of this Agreement, except as may arise from the gross negligence or willful acts of such member, official or employee. No officer, partner or constituent owner of Program Manager shall be personally liable to City or any successor in interest, in the event of any default or breach by Program Manager under this Agreement or for any amount that may become due to City or its successor, or on any obligation under the terms of this Agreement, except as may arise from the gross negligence or willful acts of such constituent owner. 36. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of any documents for construction and may be amended only by written instrument signed by both City and Program Manager. 37. INTERPRETATION. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Additional services Any services requested by City after the expiration of this Agreement are considered "Additional Services," and are not subject to the Guaranteed Maximum Price. if City issues additive change orders after Substantial Completion, then such additive change Page 38 of 39 Energy Program Management orders will be considered Additional Services, and the work to be performed under those change orders will not delay the release of retention to Program Manager (which will become due without regard to the status of the work that constitutes Additional Services), regardless of whether the Notice of Completion has been recorded. City and Program Manager will enter into a new contract for the Additional Services, and the Program Manager shall enter into new contracts with its contractors to perform such Additional Services or shall take other steps necessary to insure that the Additional Services do not extend the date by which contractors for the original services can file stop notices. 38. EXECUTION OF AGREEMENT. Following its execution by the authorized representative(s) of Program Manager and prompt delivery thereafter to City, this Agreement shall be subject to the review and approval by the City, in its sole and absolute discretion. However, if City has not approved, executed and delivered this Agreement to Program Manager by, 6/1212011 , then this Agreement will be null and void and no provision of this Agreement shall be of any force or effect for any purpose. Furthermore, City must issue the Notice to Proceed before noon (local time) on, 6/12/201;1if the Notice to Proceed is not issued by that time, then the Guaranteed Maximum Price and Schedule of Performance are subject to adjustment as may be agreed upon by the Parties in their sole and absolute discretion or this Agreement is null and void, except that each Party will bear its own costs and waive any claims against the other Party for any damages arising from or relating to the failure to agree to the terms of this Agreement.. If the Parties cannot agree to an equitable adjustment, then this Agreement is null and void, except that each Party will bear its own costs and waive any claims against the other Party for any damages arising from or relating to the failure to agree to the terms of this Agreement 39. AGREEMENT NOT TO HIRE COVERED EMPLOYEES. City acknowledges and agrees that Program Manager has invested considerable time and money that would be difficult to quantify in the training and development of its employees. Therefore, without receiving the Program Manager's prior written permission, City agrees to not hire, retain or contract with any employee ("covered employee") of Program Manager who performs any services for City under this Agreement for a period of two (2) years following the date this Agreement is terminated or for two (2) years following the separation of a covered employee from the Program Manager's employment. 40. ATTORNEYS' FEES. If any legal action or other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, the Prevailing Party SHALL NOT be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which the party may be entitled. "Prevailing Party" shall include without limitation: (a) a party who dismisses an Page 39 of 39 Energy Program Management action in exchange for sums due; (b) the party who receives performance from the other party of an alleged breach of covenant or a desired remedy where such performance is substantially equal to the relief sought in an action; or (c) the party determined to be the prevailing party by a court of law or arbitrator. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. AECOM Technical Services, Inc. CITY OF HU NGTON BEACH, a municipal oration of State of Califo i By: rjRn �g7�+"GYq�q print name ITS: (circle one) Chairman/Preside tN President ayor AND oe By: y C1 erk print name INITI E AN APPROVED: ITS: (circle one Secretary/Chief Financial Offic sst. Secretary Treasurer REVIEWED AND APPROVED: ager Energy Program Management APPROVED AS TO FORM: CityMorney �t,, _ II _. F_ n- '=� �� �x NMI April 2011 AMOM Investment Grade Audit Report City of Huntington Beach, CA HB -373- Item 11. - 47 Table of Contents Table of Contents 1.0 Executive Summary ........................................................................................... 5 1.1 Customer Overview.........................................................................................................................................5 1.2 Investment Grade Audit Goals........................................................................................................................6 1.3 Summary of IGA Findings................................................................................................................................7 2.0 Approach to Investment Grade Audit Report .................................................10 2.1 Evaluation of Results/Presentation of Findings...........................................................................................10 2.2 How/Who/Time Frame..............................................................................................................................10 2.3 Thank You......................................................................................................................................................11 3.0 Facility Description..........................................................................................12 3.1 Civic Center....................................................................................................................................................12 3.2 Central Library ...............................................................................................................................................13 3.3 Lifeguard Headquarters.................................................................................................................................13 3.4 Junior Lifeguard Station.................................................................................................................................14 3.5 City Gym........................................................................................................................................................14 3.6 Gothard Fire Station......................................................................................................................................15 3.7 Lake Fire Station............................................................................................................................................15 3.8 Edison Community Center.............................................................................................................................16 3.9 Murdy Community Center.............................................................................................................................16 3.10 Rogers Senior's Center..............................................................................................................................17 4.0 Utility Analysis..................................................................................................18 4.1 Overview........................................................................................................................................................18 4.2 Utility Data Examination...............................................................................................................................20 5.0 Building Energy Allocation Analysis..............................................................27 5.1 Overview........................................................................................................................................................ 27 5.2 Electrical Annual End -Use Reconciliation......................................................................................................27 6.0 Energy Conservation Measures...................................................................... 31 6.1 Introduction...................................................................................................................................................31 6.2 Evaluation of Results and Presentation of Findings......................................................................................31 6.3 Recommended ECM Descriptions..................................................................................................................31 ECM-1: Civic Center Server Room Optimization...............................................................................................32 ECM-2: Civic Center CHW System Retrofit........................................................................................................35 Page 2 of 100 Item 11. - 48 HB -374- «I Table of Contents ECM-3: Civic Center HVAC Retrofit...................................................................................................................40 ECM-4: Civic Center Lighting Retrofit................................................................................................................46 ECM-5: Upgrade Central Library Interior and Exterior Lighting........................................................................47 ECM-7: Central Library HVAC/Controls Retrofit................................................................................................50 ECM-8: Central Library Expansion HVAC Controls Retrofit...............................................................................54 ECM-10: Central Library Theater Transformer Replacement............................................................................56 ECM-11: Pier, Downtown and Beach Front Lighting.........................................................................................58 ECM-13: Lifeguard HQ Data Room HVAC Retrofit.............................................................................................61 ECM-14: HVAC Retrofits at Lake and Gothard Fire Stations.............................................................................63 ECM-15: Community Centers............................................................................................................................65 ECM-16: Install Internet Capable T-stats in City Buildings................................................................................69 6.4 Other ECMs to ..71 Central Library Chilled Water System Retrofit...................................................................................................72 ExistingConditions.............................................................................................................................................72 The existing CHW system is configured and operated with constant primary CHW flow and variable secondary CHW flow. The chiller plant consists of one 250-ton water-cooled York screw chiller that was installed in 2001 with constant speed compressor, a single 10hp constant flow primary pump, and one 15hp secondary CHW pump equipped with a VFD. The CDW system consists of one 20hp constant speed CDW pump and a new, single -cell Evapco cooling tower with 10hp variable speed fan which are located on parking area level just north of the building. The plant is controlled and monitored by the existing Andover EMCS. The CHW plant is called to operate based on the scheduled operation of the AHUs in the main library which amounts to approximately 4,420 hours per year..............................................................................................72 During the investigation of the CHW system, the following key findings were identified................................72 ECMDescription.................................................................................................................................................73 The focus of this ECM is to reduce the energy consumption of the building's existing chilled water (CHW) system and improve the performance and reliability of the system. In general this will be accomplished by:73 This ECM will primarily involve upgrading the Library chiller plant equipment and controls as well as eliminating CHW bypass in the secondary distribution system. The main features of this ECM include: ......... 73 • Replace the existing 250-ton chiller with one (1) 250-ton high -efficiency, oil -less chiller utilizing multiple variable -speed Turbocor compressors................................................................................................73 • Conversion of the CHW pumping system to variable primary flow.........................................................73 • Conversion of the condenser water system (CDW) to variable flow.......................................................73 • CHW plant automation system upgrades that will provide control and monitoring of the chiller plant using advanced strategies that minimize energy use of the CHW system........................................................73 • Conversion of the remaining 3-way CHW control valves to 2-way..........................................................73 • Replacement of the existing CHW differential pressure sensor...............................................................73 ECMScope of Work............................................................................................................................................73 Provide the required materials and labor to implement the proposed modifications described for this ECM _.__...e.............................................................................................................................................................. _ ECMBenefits......................................................................................................................................................75 ECMSavings.......................................................................................................................................................75 The following table is a summary of the cost versus energy savings analysis for the completion of this chilled water system retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis.............................................................................75 Central Library Expansion HVAC Retrofit...........................................................................................................76 Lifeguard and JR Lifeguard HQ Lighting Retrofit................................................................................................77 Solar Powered Irrigation Systems......................................................................................................................79 7.0 Cost and Benefit Analysis............................................................................... 81 7.1 Detailed Project Costs....................................................................................................................................81 Page 3 of 100 HB -375- Item 11. - 49 Table of Contents .n�.ero.. eeu.r uuro.e 8.0 Project Rebates, Grants, and Incentives........................................................91 8.1 Administering Incentive Programs................................................................................................................91 8.2 Southern California Edison Standard Performance Contract Program and Partnership Program................91 9.0 Measurement and Verification.........................................................................94 10.0 Next Steps.........................................................................................................99 11.0 Appendix.........................................................................................................100 11.1 Lighting Retrofit Detailed.......................................................................................................................100 11.2 ESPC Project Schedule .............................................................................................................................100 Page 4 of 100 Item 11. - 50 HB -376- Executive Summary 1.0 Executive Summary The City of Huntington Beach will take a large step towards creating a sustainable future by implementing the Energy Conservation Measures (ECM) outlined in this Investment Grade Audit (IGA) report. The plan presented in the IGA commits the City to aggressive energy efficiency and greenhouse gas reductions targets. In addition to supporting green initiatives throughout the Huntington Beach area, the City has committed to substantially reducing its energy use and associated costs through the implementation of a comprehensive Energy Savings Performance Contract (ESPC). This approach provides the City with a viable financial mechanism to meet its goals. As well as helping to meet the City's sustainability targets, the ECM implemented as part of this ESPC project will contribute towards expanding the use of the City's Energy Management Control System (EMCS), optimizing equipment operation, and will address some of the City's deferred maintenance issues. These additional benefits will assist the City's operations staff in maintaining high -quality facilities in a very challenging fiscal environment. Funds for the ESPC program will be obtained via a combination of Department of Energy's (DOE's) Energy Efficiency and Conservation Block Grant (EECBG) , energy efficiency incentives and rebates provided by the local utility, 0% on -bill financing provided by the local utility, third party financing, and contribution cash contribution from the City . It is the intent of the project to bundle a package of economically viable ECM's that will produce 50%more savings than the annual debt service, thus providing a positive cash flow to the City. AECOM Energy is pleased to have been selected by the City of Huntington Beach as a partner in this ambitious undertaking. We are confident that our expertise in energy efficiency will complement the City's staff in implementing a program that will meet the City's aggressive energy and financial goals. Together, we will produce an outstanding solution. 1.1 Customer Overview The City of Huntington Beach is a partner in Southern California Edison's (SCE) Orange County Cities Energy Leader Partnership Program and is considered a leader among its neighboring Orange County Cities. With its strong leadership and active community, there is a focus on conserving energy and resources, reducing waste, promoting energy efficiency, and protecting the health and safety of its citizens. The focus of this IGA is centered on the City's manageable utility users. Manageable utility users are made up occupied buildings and street lighting that are owned and operated by the City. Roughly, 38% of the City's energy consumption and costs are associated with these manageable facilities. The other 62% of energy consumption is comprised of street lighting owned and operated by others, water system infrastructure (an enterprise department) and other distributed infrastructure (irrigation controllers, traffic signals & controls). Figure 1.1 below provides a graphical representation of the utility consumption and associated annual costs. With this in mind, the facilities selected Page ` -"^" xB -377- Item 11. - 51 W Table of Contents for this IGA have the highest energy intensity (kW/Sq ft, Therms/Sq ft, BTU/Sq ft) when compared to other City facilities. The facilities included account for 85% of the City's total energy use categorized as manageable . Figure 1-1 Annual Utility Costs - Manageable vs. Enterprise $1,350,000.00 ■ Enterprise ■ Manageable 1.2 Investment Grade Audit Goals While The City of Huntington Beach continues to make great strides in meeting its energy goals, it is challenged with rising utility rates and shrinking capital budgets. To help meet these challenges, HB has engaged AECOM to analyze the feasibility of implementing an ESPC project. To accomplish this, AECOM in conjunction with significant assistance from City staff members, conducted a detailed audit and analysis of select facilities. The IGA process began with a kick-off meeting that included the HB facilities staff and AECOM. This meeting resulted in a clear set of challenging yet achievable goals. These goals include: 1. Identify economically viable Energy Conservation Measures (ECM) that when implemented will help the City achieve its sustainability and financial goals. 2. Evaluate infrastructure improvements that will address deferred maintenance issues in targeted buildings pertaining to inefficient equipment that has exceeded its useful economic life, ongoing operations and maintenance savings, and avoided capital cost. 3. Optimize the Civic Center's chilled water system, air handling systems, and upgrading the EMCS. 4. Improve the Civic Center's data center energy efficiency through the implementation of computer server virtualization software and hardware. Page 6 of 100 Item 11. - 52 Hs -378- ;Fa Table of Contents 5. Investigate retro-commissioning, HVAC efficiency upgrade recommendations, and EMCS upgrades at the Central Library. 6. Investigate the lighting retrofit opportunities at the Civic Center and the Central library. 7. Retrofit and / or replace existing outdoor lighting fixtures in the historic downtown and beachfront areas with more efficient LED fixtures. 8. Address comfort issues and optimize HVAC system operation at the Lifeguard and Jr Lifeguard stations. 9. Evaluate the feasibility of utilizing internet based thermostats for smaller facilities that are not equipped with robust EMCS. 10. Procure the maximum available incentives and low interest financing. 1.3 Summary of IGA Findings The focus of the ECMs in this IGA report is on providing the City of Huntington Beach a more efficient means of heating, cooling, lighting, maintenance and operations in the variety of facilities AECOM has surveyed. During the course of several meetings with the City's staff and extensive review of available facility energy usage information, it was agreed that the identification and development of the ECMs listed below would be the focus of this IGA effort. The scope of work for each of these energy retrofit projects is described in Section 6. These ECMs essentially cover a broad range of measures for retrofitting and upgrading your facilities to provide better system performance with higher efficiencies resulting in reduced energy costs. They offer solutions that allow the City to upgrade/replace aging infrastructure components and systems while reducing maintenance costs, and improving occupant comfort and building performance as well as reducing energy costs. The savings presented in this IGA reflect only energy savings and currently do not include the reduced operations and maintenance (O&M) savings which will result from the implementation of these ECM's. These measures have significant non -energy savings that include: improved occupant comfort, ability to override building HVAC schedules through web -based interfaces, and improved maintenance response. Table 1-1 below provides a financial summary of the recommended ECMs evaluated as part of this IGA. This summary is based on a currently available interest rate of 6%. In keeping with the goals of this IGA, 50% of the annual energy cost savings from the collection of ECMs or approximately $130,000 will be utilized to pay the debt, while the remaining 50% will be returned to the City's general fund. Page 7 of 100 xB -379- Item 11. - 53 rver Vitualization and Computer Room HVAC Upgrade 19.5 -15% 90,047 $10,265 $0 $10,265 illed Water System Upgrade 17.1 33% 513,599 - $58,550 $0 $58,550 iU Controls and Sequence Upgrades 7.0 112% 247,909 23,351 $28,262 $17,000 $45,775 hting Upgrades 6.2 51% 208,526 - $23,772 $0 $23,772 hting Upgrades 4.5 97% 331,899 - $40,923 $0 $40,923 in Library HVAC, Controls and Sequence Upgrades 9.5 64% 105,490 9,149 $13,007 $7,621 $19,869 rary Addition Controls Upgrades 10.0 57% 113,562 3,385 $14,002 $2,820 $16,541 wnsize Theater Transformer 6.5 126% 21,900 - $2,700 $0 $2,700 r and Beach Front Lighting Upgrades 13.9 17% 199,382 $18,941 $0 $18,941 eguard HQ IT Room HVAC Upgrades 30.6 -44% 3,942 - $473 $0 $473 e Station HVAC Upgrades and Other Measures 93.0 -81% 6,690 55 $803 $59 $844 gers Seniors' Center Furnace Replacment 139.0 -92% - 246 $0 $255 $184 y Gym Pool Heating System Upgrade 49.6 -78% - 1,321 $0 $1,071 $991 orts Complex Restroom Lighting Upgrade 3.1 166% 7,726 - $927 $0 $927 grade Thermostats w ith Conmunicating Programmable Internet 32.6 -48% 8,972 $1,077 $0 $1,077 ermostats (Edison, Murdy, etc.) F) i Conservation Block Grant Street Lighting Fund (EECBG) 3roject Fund (CIP) -duction (VIR) 3 W Table 1-2: Financing Summary Table Project Cost $ 1,586,654 Mobilization $ 300,000 Amount Financed $ 1,586,654 Annual Project Savings $ 272,136 Energy Project Financing Annual Interest Rate 6.00% Desired Financing Period (Yrs) 10 Number of Payments Per Year 1 Annual Payment Amount $ (215,575) Total Payments Total Interest Payments $ (447,076) 1.4 Conclusion Executive Summary AECOM has the capabilities and the experience to give the City of Huntington Beach the confidence to move forward with our firm to implement group of ECMs outlined in the ]GA. In addition to reducing the energy usage and costs while improving City facilities, there are other substantial and positive benefits you will enjoy: • Continue the "greening " of the City and promoting an environment favorable to meet the City's goals • Sets an example for the community in environmental stewardship Implement needed upgrades without utilizing capital dollars • Provide a positive cash flow from the energy savings • Increase the useful life of your equipment while reducing maintenance expenses • Improve occupant comfort and indoor air quality • Reduce greenhouse gas emissions and fight global warming We respectfully look forward to working with the City as you continue to lead the way for the California Cities and your community to a more efficient, sustainable future, while fulfilling your mission to create and maintain a sustainable environment. Otw projects leCW&th& worz& a better place' Page 9 of 100 HB -381- Item 11. - 55 Approach to Investment Grade Audit 2.0 Approach to Investment Grade Audit Report The primary purpose of developing this IGA is to identify and evaluate economically viable ECMs that meet the City of Huntington Beach's energy and financial goals. As the types of facilities investigated varied greatly, this effort was quite extensive and included field auditing, data collection, interviews with site personnel, energy analysis, and ECM scope of work and construction cost development. Performing a comprehensive audit of all of the infrastructure and facilities operated by HB would have required a tremendous undertaking and is beyond the scope of this IGA. The infrastructure related energy consumption is being addressed through other EECBG grant funded activities and the Capital Improvement Program (CIP) for the enterprise departments, Energy consuming infrastructure also has longer equipment life so the most effective way to upgrade the energy efficiency of these assets is through programmatic design in the CIP with documents such as owner's project requirements and basis of design that incorporate energy efficiency as well as the normal goals for CIP projects. The mutually agreed upon approach was to target the larger energy intensive buildings and those with significant operation and deferred maintenance issues. Section 3-1 briefly describes the buildings that AECOM considered as part of this IGA. 2.1 Evaluation of Results / Presentation of Findings The IGA process was broken down into five main phases: 1. Initial customer kickoff meeting to identify project goals and priorities 2. Site investigations and data gathering 3. Equipment metering and monitoring 4. ECM development including energy savings analysis, project scope of work development, development of ECM cost estimates, and cost and benefit analysis for each ECM 5. Presentation of findings through the delivery of this IGA 2.2 How / Who / Time Frame Initial facility audits were performed that included site walk downs of the target buildings and systems. A series of follow-up visits were performed to gain a more detailed understanding of the potential ECMs. During the first few site visits, building tours and introductory question and answer meetings were held with HB personnel. A series of investigative questions were asked Page 10 of 100 Item 11. - 56 HB -382- Approach to Investment Grade Audit regarding facility operations and current issues, central plant operations, previous building renovations, future planned projects, past ESPC projects, and a variety of other key issues. AECOM began its assessment by working with HB to gather pertinent information such as as -built plans, utility data, equipment schedules, and trend and system data from the EMCS where present. After reviewing this data, the team visited the site to perform an energy audit. During the audit, all affected equipment was inspected and the following type of information was collected for key systems and equipment. a. Nameplate data b. Start/Stop schedules c. Actual system configurations / updating existing "AS -BUILT' drawings d. Site limitations e. System operation characteristics (temperatures, pressures, pump speeds, etc.) f. Photographs of equipment condition and locations g. Feedback from facilities staff h. Other pertinent information 2.3 Thank You The team would like to express our gratitude to Aaron Klemm, Mark Boone, Michael Baumgartner, David Dominguez, Eric Enberg, David Kirk, Ron Davis and many others for their cooperation and sharing of key information necessary for the completion of this assessment. Their detailed descriptions of building and system operations as well as providing responses to what may have been seen as numerous requests for information were very helpful. Page 11 of 100 HB -383- Item 11. - 57 Facility Description 3.0 Facility Description The focus of the facilities identified and surveyed in this IGA was centered on the City's highest energy consumers and specific buildings that have unusually high consumption per square foot or have ongoing maintenance or comfort issues. The buildings included in the study are: • Civic Center • Central Library • Lifeguard HQ • Jr. Lifeguard Station • City Gym • Arts Center • Gothard Fire Station • Lake Fire Station • Edison Community Center • Murdy Community Center • Rogers Senior's Center 3.1 Civic Center �IJO Main metres, Huntington Beach. CA The Civic Center Complex consists of three distinct building areas. The administrative offices which is a five story tower used by the city government and—�WNW!� support staff. The Council Chambers ��� ����MSMM A section is located off the main building and���. is used for official meetings and ceremonies. The Police Department building which houses the administrative functions for the Police Department as well as a Jail and processing facilities. Overall, the facility is approximately 189,000 square feet in area. The annual utility use for this building is approximately 4,800,000 kWh of electricity and 70,000 Therms of natural qas based on the period analyzed (5/09 to 4/10) Page 12 of 100 Item 11. - 58 HB -384- M 3.2 Central Library 7111 Talb,.:. -- :: Huntington Beach, CA The Central Library is made up of the original building and a subsequent addition. The library serves as a library and research facility for the city. The original building houses book stacks, a reference section and an administrative staff area. The building addition includes a theater, children's area and meeting rooms are rented out. The two buildings have a combined total area of 107,000 square feet. Utility Analysis The annual utility use for this building is approximately 3,500,000 kWh of electricity and 40,000 Therms of natural gas based on the period analyzed (5/09 to 4/10) 3.3 Lifeguard Headquarters 103 Pacific Coast Highway Huntington Beach, CA This facility which is also referred to as the Vincent G. Moorhouse Lifeguard Headquarters was built approximately 7 years ago. It consists of a bi-level occupied, conditioned area with an attached unconditioned single level storage area. The total square footage of this facility is approximately 12,000 square feet of floor space including the storage area. The building is an important multipurpose facility that houses marine safety personnel, beach activities, permitting, public information administration personnel, beach lifeguarding staff, communications, and logistics equipment. The upper level is utilized for marine and beach safety personnel offices as well as a public administration staffing area. The lower level consists of men's and women's locker and showering facilities with laundering appliances, a large training/meeting room, kitchen and a first aid area. Approximately 4,500 square feet of the lower level is used for storage and beach patrol vehicles as well as rescue watercraft and equipment. Page 13 of 100 HB -385- Item 11. - 59 Utility Analysis The annual utility use for this building is approximately 170,000 kWh of electricity and 1,700 Therms of natural gas based on the period analyzed (5/09 to 4/10) 3.4 Junior Lifeguard Station Pacific Coast Highway The junior lifeguard Station is similar in construction to the Lifeguard Headquarters. The building is 7,800 square feet in area. It is a multipurpose facility that provides administrative office and training facilities for the Junior Lifeguard program. The building also serves as meeting space for city administrative functions. The annual utility use for this building is approximately 97,000 kWh of electricity and it shares the gas meter with the Lifeguard Headquarters. 3.5 City Gym 1600 Palm Huntington Beach, CA The City Gym provides recreational services for the city. This facility has a variety of offerings for the community including a large gymnasium and indoor swimming pool with locker room facilities, game rooms, Conference rooms and kitchen facilities. The building is 23,600 square feet in area and is designated as a California Historical Building. The annual utility use for this building is approximately 200,000 kilowatt hours of electricity and 19,000 Therms of natural gas based on the period analyzed (5/09 to 4/10) Page 14 of 100 Item 11. - 60 HB -386- ill 3.6 Gothard Fire Station I6J11 Sir&E' Huntington Beach, CA The Gothard Fire Station is a 10,000 square foot building that houses firemen and equipment. The firefighter training facility is also located on this site. The annual utility use for this building is approximately 110,000 kilowatt hours of electricity and 2,400 Therms of natural gas based on the period analyzed (5/09 to 4/10) 3.7 Lake Fire Station 530 Lake Street Huntington Beach, CA The Lake Fire Station square foot building firemen and equipment. is an 11,000 that houses The annual utility use for this building is approximately 83,000 kilowatt hours of electricity and 2,200 Therms of natural gas based on the period analyzed (5/09 to 4/10) Utility Analysis Page 15 of 100 HB -387- Item 11. - 61 3.8 Edison Community Center The Edison Community Center provides spaces for special purposes such as recreation, day care, dance classes, and meeting spaces. Utility Analysis iu eUN5UN COMMUNITY CENTER � The annual utility use for this building is approximately 103,000 kilowatt hours of electricity and 600 Therms of natural gas based on the period analyzed (5/09 to 4/10) 3.9 Murdy Community Center 7000 Norma Drive Huntington Beach, CA The Murdy Community Center is identical in construction and function to the Edison Center. The adjacent area contains basketball and tennis courts and softball fields. The annual utility use for this building is approximately 200,000 kilowatt hours of electricity and 600 Therms of natural gas based on the period analyzed (5/09 to 4/10) 1 Page 16 of 100 Item 11. - 62 HB -388- 3.10 Rogers Senior's Center Rogers Senior's Center provides meeting and recreation rooms for senior citizens. The facility is 14,300 square feet in area. The annual utility use for this building is approximately 90,000 kilowatt hours of electricity and 3,000 Therms of natural gas based on the period analyzed (5/09 to 4/10) Utility Analysis Page 17 of 100 Item 11. - 63 Utility Analysis 4.0 Utility Analysis 4.1 Overview The City of Huntington Beach manages a complex utility system with hundreds of electric and natural gas service accounts. Annually the city spends roughly $4,500,000 per year with Southern California Edison for electricity and roughly $500,000 per year for natural gas. The electrical costs can be broken down into four main end use categories which consist of the Street and traffic lights, water movement utilizing pumping, illuminating and conditioning occupied building and general services, see Figure 4.1. The City's natural gas costs can be divided into two end use categories. The majority is for engine driven pumps (73%). The remaining is used for heating in the City's occupied buildings, see Figure 4.2. Figure 4-1: Total Annual Electrical Cost End Use Distribution Electric End Usage Consumption/ Costs ■ Street Lights ■ Pumps u Occupied Bldgs ■ General Page 18 of 100 Item 11. - 64 HB -390- Utility Analysis Figure 4-2: Total Annual Natural Gas Cost End Use Distribution Natural Gas End Usage Consumption/Costs ■ Enterprise Pumping ■ Bldg Heat With that perspective this section examines the utility use and costs at the occupied City facilities subject to this IGA. The twelve facilities are summarized in the table below together with the accounts that serve each facility. Electric service is received from Southern California Edison under a variety of electric rate schedules. The city's largest buildings, the Civic Center and Central Library, are served under SCE's large customer rate schedule TOU-8 and TOU-8-S. Other key buildings are served under a general service rate schedule GS-1 and GS-2. Facility Elec. Rate Account Gas Rate Account Schedule Numbers Schedule Numbers 1 Civic Center TOU-8-S 11243207 GS10 5289219 (Standby) 16081137 2317748 10 2 Central Library TOU-8 3-0112727-38 GS10 10278678691 3 Lifeguard HQ GS-2 23712580 GS10 11810516 4 Jr. Lifeguard Station GS-1 23710911 GS10 5 City Gym GS-2 17896751 GS10 13082264 6 Arts Center GS-2 1376061 GS10 10264615 Page 19 of 100 HB -391- Item 11. - 65 Utility Analysis 7 Gothard Fire Station GS-2 1376163 GS10 12316408 8 Lake Fire Station GS-2 1375959 GS10 12909920 9 Edison Community Center GS-2 1376111 GS10 5024202 10 Murdy Community Center GS-2 1376077 GS10 3698354 11 Rogers Senior's Center GS-2 1376105 GS10 5676121 8219646 During the most recent year starting May 2009 and ending April 2010 the City paid a total of $1,150,996 for the electric and natural gas at these eleven facilities. The distribution of these utility costs by utility type is shown in Figure 4-3 below. Figure 4-3: Distribution of Utility Costs for Surveyed Buildings by Fuel Type Huntington Beach Electric and Natural Gas Distribution IW Electric o Gas 4.2 Utility Data Examination Utility data for the annual period described were evaluated to characterize electricity and natural gas use in the facilities audited in this IGA. These buildings include the Civic Center and Central Library, Lifeguard and Jr. Lifeguard buildings, Gothard & Lake Fire Stations, sports complex and a number of community centers including the City Gym, Art Center, Edison, Murdy and Rogers Senior's Center. During this period the buildings subject to this IGA report consumed a total of 8,456,470 kWh. The average cost per kWh (including energy and demand components) for FY 2009 was $0.123 and the annual electric cost for FY 2009 was $1,040,974. Natural gas usage data were evaluated over the same period. During months evaluated the total natural gas consumption was found to be 110,618 Therms. Page 20 of 100 Item 11. - 66 HB -392- W Utility Analysis The annual cost for natural gas was $110,022 which yields an average rate of $0.995/therm. The total annual energy cost is $1,150,996 for the year evaluated. Table 4-1 provides a monthly summary of the City of Huntington Beach's electrical and natural gas energy consumption and cost by month. Due to a very low rate for domestic water service the water costs at City of Huntington Beach buildings are very low and therefore not evaluated as a part of this IGA. Figures 4-4 thru 4-5 are graphical representation of the total monthly electric and natural gas consumption and cost profiles of the facilities audited in the IGA. Table 4-1: Huntington Beach Annual Electric and Natural Gas Utility Summary Month May-091 Consumption 763,532 Electric Cost 1 $109,390 Ra te $0.143 Consumption 1 7,559 Natural Gas Cost 1 $5,420 Rate $0.717 Total Cost $114,810 Jun-09 767,409 $126,004 $0.164 6,033 $4,299 $0.713 $130,304 Jul-09 779,262 $126,143 $0.162 3,869 $2,962 $0.766 $129,105 Aug-09 850,831 $117,299 $0.138 4,384 $3,274 $0.747 $120,573 Sep-09 737,374 $90,368 $0.123 3,973 $3,032 $0.763 $93,399 Oct-09 713,832 $73,135 $0.102 8,071 $7,527 $0.933 $80,662 Nov-09 666,658 $67,345 $0.101 12,359 $12,683 $1.026 $80,029 Dec-09 634,494 $69,734 $0.110 15,118 $16,740 $1.107 $86,475 Jan-10 661,042 $62,587 $0.095 16,290 $18,820 $1.155 $81,407 Feb-10 634,718 $65,905 $0.104 12,363 $13,956 $1.129 $79,862 Mar-10 616,952 $65,596 $0.106 10,521 $10,853 $1.032 $76,450 Apr-10 630,366 $67,467 $0.107 10,078 $10,455 $1.037 $77,922 Total 8,456,470 $1,040,974 $0.123 110,618 $110,022 $0.995 $1,150,996 Page 21 of 100 HB -393- Item 11. - 67 Utility Analysis Figure 4-4: Huntington Beach Monthly Electric Profiles Huntington Beach IGA Site Electric Use & Cost 900,000 $140,000 L « , 800000 $120,000 e G 700,000 f t $100,000 x 600,000 $80,000 0 500,000 V `—' 400,000 $60,000 V a w 300,000 $40,000 a _> L t 200,000 $20,000 i100,000 0 $0 44,�i,Jc�i 'J\A9 PJ`AA`g' O`�+�.Oc`�i 11.s��°N`-,y� PQ`,y0 —Electric Usage —Electric Cost Figure 4-5: Huntington Beach Monthly Natural Gas Profiles Huntington Beach IGA Site Gas Use & Cost 20000 $20,000 E 18000 $18,000 m 16000 $16,000 14000 $14,000 N ed�o 12000 $12,000 U 10000 $10,000 t7 8000 $8,000 '' L > 6000 $6,000 c 4000 $4,000 2000 $2,000 0 $0 Gas Cost —Gas Usage While investigating the utility billing data for this IGA and with discussions with the City it has been revealed that there are approximately 120 SCE electric accounts which very little to no electricity consumption in the last year and yet have resulted in $30,000 to Page 22 of 100 Item 11. - 68 HB -394- Utility Analysis $35,000 of annual SCE account and meter fees to the City. It is understood that a majority of these accounts/meters are associated with low voltage irrigation controllers. AECOM recommends investigating further these unused meter accounts and recommends switching to an alternative power sources for irrigation controllers (see section 6 other measures to consider) which would allow the city to cancel those which are no longer needed resulting in a significant savings annually to the city. For analysis purposes, electricity use may be expressed for a building as use per square foot of building area. This is referred to by energy engineers as electric use intensity. Many factors influence how much electricity a building consumes in a year including hours of operation, presence of electrical HVAC equipment, HVAC system design, climate, building construction and materials among many others. It is therefore not possible to draw specific conclusions from a building's electric utilization but it is an important indicator of the general state of the energy systems functioning in the building. As such it becomes a key indicator allowing energy engineers to target buildings from a large population toward those which should receive close attention and further investigation. Figure 4-6 below shows typical ranges of electric utilizations for various types of facilities. Figure 4-6: Electric Utilization Intensities for Common Facility Types 150 100 C C5 3 50 7 W Data Centers (40-200+) Super Markets (40-60) Laboratories • Efficient (25 to 30) Moderate (30 to 40) High (40 to 70+) Commercial Buildings • Efficient (7.5(10 to 10) • Moderate to 15) • Inefficient (15 to 25) Schools • Elementary (2 to 6) • High School (5 to 12) • College (10 to 60) To investigate energy utilization across a cross-section of buildings, it is AECOM's practice to chart the electric utilization and total annual use on a single bubble chart allowing rapid identification of those buildings which are using the most energy per year and those that have the highest energy intensity. The electric intensity charts (Figures 4-7 and 4-8) have been prepared as bubble charts showing both electric use intensity (kWh/sq-ft/yr) as well as total electric use. In these charts electric intensity is plotted against the "Y" axis and total annual electric Page 23 of 100 HB -395- Item 11. - 69 Utility Analysis consumption is represented by the diameter of the circle plotted for each building. This chart was used to identify and target buildings for more detailed investigation which would focus on the buildings with high electric use intensities and greater annual consumption. In the charts, these buildings are "higher' on the chart and "larger" circles. Page 24 of 100 Item 11. - 70 HB -396- El H, El Ell no H us )o City of H&ington Beach Distribution of Building Electricity Use Intensity and Annual Electric Use Area Scaled on Building Annual kWh Consumption 0 0Civic Center *Central Library OGothard Fire *Lake Fire VArt center *Lifeguard HQ OJR Lifeguard HQ Edison GU *Murdy CC ORodgers SeniorCE 100 .l :1 70 .e 50 ,e O �i7 10 n City of Huntington Beach Distribution of Building Gas Use Intensity and Annual Gas Use OCivic Center Area Scaled on Building Annual Gas Consumption Oceptral Library OCity Gym •Lake Fire ♦Lifeguard HQ •Edison CC OMurdy CC ORodgers Senior Cen 0 Q Building Energy Allocation Analysis 5.0 Building Energy Allocation Analysis 5.1 Overview Energy allocation is the process of designating the fraction of the total measured energy used by a facility or building to individual systems and components (lights, fans, pumps, boilers, etc.). With adequate metering, this process would be very simple. Unfortunately, extensive sub metering infrequently exists and the energy engineer must utilize what is known of the building systems, design, load factors and hours of operation to prepare an approximate picture of how the building operates and uses of energy. This picture is known as an energy allocation. As part of the IGA process, it is AECOM's practice to examine a facility's energy use in as great a resolution as possible. This effort has several key values at this preliminary stage of the project development process. First, the analysis provides an estimate of the system or component energy use which may be used to calibrate the baseline for a more detailed energy savings calculation using models of specific sub -systems. Secondly, the allocations allows for the identification of excessive energy use in a building which cannot be explained by typical loading and hours of use. In this way the allocation analysis can help detect energy waste. Finally the energy allocation provides important data to support sound judgments of energy use which may be used to evaluate the savings fraction for an individual system or systems to be affected by a recommended ECM. This allows evaluation of savings interaction between different measures as well as support preliminary savings calculations. It is important to keep in mind that the energy allocation is a tool based on available data, drawings, etc. to be used by building engineers and energy engineers to better understand how a building uses energy. The purpose is to guide investigation efforts into the most effective ways to improve total building efficiency. 5.2 Electrical Annual End -Use Reconciliation Since the Central Library and the Civic Center account for over half of the City's total annual energy spend for occupied buildings, we have focused on developing detailed energy allocations for these buildings only. The tables shown in Figures 5-1 and 5-2 provide a summary of the energy allocation analysis for these buildings. The specific data shown in Figures 5-1 and 5-2 utilize the monthly energy consumption data provided by the city. The table is broken into two basic types of building electric loads, weather dependant and non -weather affected loads. Examples of base load non -weather affected electric loads include: Lighting Systems • Constant Volume Fans Page 27 of 100 HB -399- Item 11. - 73 Building Energy Allocation Analysis • Miscellaneous Building Equipment or Plug Loads (Computers, device chargers, other.) • !domestic Hot Water Pumps • Kitchen Equipment • Other The most significant weather related electric use for a building is the cooling system which includes cooling towers, chillers or compressors and distribution pumps. In addition to the cooling system it is possible for a building to utilize an electric hot water heating system or have significant quantities of electric resistance based reheating. These loads may be accounted for in this portion of the energy allocation. Figure 5-1: Civic Center Energy Allocation Analysis Electric End Use Allocation A_COM Building Name: Civic Center Year Billed: May/2009-Apr2010 Sq. Ft. Condkioned: 189,601 Associated Bench Mark Calculated Calculated Item S .Ft. Watts/S Ft kW Hours kWh kWh/3 Ft Lighting 189,601 1.30 246 3400 1109.166 5.9 4500 Fan Motors 189,601 0.70 133 3400 00 663,604 3.5 50 $ a Misc. Equip. 189,601 0.67 127 3400 431,911 2.3 3400 a 3 Computer Systems 189,601 0.20 38 8760 332,181 1.8 oi8 HHW Pumping 0.00 3 87j= 26,140 0.1 1896010 CHW Pumping 0.24 := 8760 395,365 2.1 189601 e Watts / Sq.Ft. Baseload KW Load _Base A Calculated 3.11 592 From UBlity Bills 4.16 789 Resistance Heat 0.00 0 EFOL11 0 0.0 189601 m m 3 Chillers 1,40 266 1,091,584 5.76 189,6010 4F00 Total Watts / Maximum kW n Sq.Ft. Load _ Total kWh _ _ _k_Wh/SgFt a Calculated Totals 4.51 859 4,049,950 21.36 90% Utility Bill Total 4.47 848 4,504,788 23.76 - Page 28 of 100 Item 11. - 74 HB -400- Civic Center Consumption Distribution by End Use Figure 5-2: Central Library Energy Allocation Analysis Electric End Use Allocation Building Name: Central Library Year Billed: May2009-Apr2010 Sq. Ft. Conditioned: 107,400 Building Energy Allocation Analysis o Lighting ■ Fan Motors o Misc. Equip. ■ ComputerSystems * HHW Pumping 11 CHW Pumping W Chillers A=COM Associated BenchMark Calculated Calculated Item Sq.Ft WattslS Ft kW Hours kWh kWh/5 Ft Lighting 107,400 1.75 188 883,365 8.2 3400 Fan Motors 107,400 0.90 94 371,722 3.5 3900 40 m Misc. Equip. 107,400 0.67 72 283,515 2.6 34000 9 a ComputerSystems 107,400 0.20 21 8760 188,165 1.8 i3 HHW Pumping 0.00 8 3940 30,568 0.3 107,400 CHW Pumping 0.25 27 3940 105,813 1.0 107,400 Watts I Sq.Ft. rBaseload KW Base Load $ Calculated 3.77 410 I From Utility Bills 5.47 588 Resistance Heat 0.00 0 E 0 0.0 107,400 OLH o 3 a Chillers & DX AC 0 2.48 267 EFLH 800,633 745 107,400 3000 Total Watts I Maximum kW Sq.Ft _ Load _ _Total kWh _ kWNSgFt _ F Calculated Totals 6.25 677 2,663,780 24.80 92% Utility Bill Total 6.01 646 2.898,606 26.99 Page 29 of 100 HB -401- Item 11. - 75 w Building Energy Allocation Analysis Central Library Consumption Distribution by End Use O Lighting • Fan Motors V Misc. Equip. o Computer Systems o HHW Pumping HCHW Pumping v Chillers& DX AC Page 30 of 100 Item 11. - 76 HB -402- Energy and Water Conservation Measures MMGION .EMM V CMliq 6.0 Enerav Conservation Measures 6.1 Introduction AECOM understands the importance of the IGA in the development of a successful ESPC project. The IGA development process requires significant upfront investment in engineering and project management resources to ensure that the recommended ECM meet the customer's criteria and goals, are economically viable, and are constructible within the budgets presented in this report. We believe this effort is warranted as the conceptualization of an energy project with its key technical solutions, constraints, scope and budgets is one of the most important steps to ensuring a successful project 6.2 Evaluation of Results and Presentation of Findings The information presented below is the outcome of our auditing, engineering, and analysis efforts and offers the solutions we believe are the most cost effective for Huntington Beach to fulfill its energy program objectives while addressing critical facility maintenance and infrastructure upgrade needs. The AECOM Team has determined that the ECMs listed below are the opportunities that should be considered and evaluated in greater detail. These ECMs were determined by a combination of meetings and interviews with Huntington Beach staff and assessment of site conditions during our walk -downs. Each ECM is presented below with a description of the existing conditions, how the ECM improves/resolves the existing conditions, the general components of the scope of the ECM and its energy and non -energy related benefits and savings. 6.3 Recommended ECM Descriptions The following section provides the details of the energy conservation opportunities identified by the team of engineers who visited numerous buildings and site locations between August 2010 and December 2010. During these visits the AECOM team spent time interviewing site staff, walking through buildings identified as significant energy consumers and gathering key information and data such as drawings, equipment lists, EMCS points lists, trend data and other pertinent information. This information was then synthesized, evaluated and used to prepare the following ECM recommendations. Page 31 of 100 HB -403- Item 11. - 77 Energy and Water Conservation Measures ECM-1: Civic Center Server Room Optimization — Existing Conditions The main information hub for the City of Huntington Beach is a data center in the basement of the Civic Center. This data center is approximately 750 square feet of dedicated space housing its server racks. In the current configuration there are 45 blade type servers which account for approximately 13 kW of connected load. The server racks are configured on a raised floor with hot isle/cold isle layout to optimize the flow of conditioned air. The HVAC system serving this area consists of two dedicated air conditioning units that are housed in an adjacent room. These units consist of a primary unit which is a water source cooling unit with a nominal capacity of 10 tons. This primary unit is served by the central chilled water plant. The second unit, which is used as a backup, is a split DX system which also has a nominal capacity of 10 tons. Currently the primary unit is in operation 24/7 - while the secondary unit is set to operation when the primary unit is not able to meet or maintain cooling set point which was observed to be 68 Deg F. I Conditioned air is distributed to the server room through the raised -access floor which serves as a plenum for distributing conditioned air which is dispersed upward in strategic locations through diffuser tiles in the raised floor. The return air from the space is channeled through louvers in the upper portion of the wall separating the server room from the adjacent room housing the HVAC units. ECM Description The focus of this energy conservation measure is to reduce the energy consumption of the data center. To accomplish this there are two steps that are recommended. The first is to reduce the number of physical servers in operation by increasing the equipment resource utilization through the application of server virtualization software. This process has already been carried out in the first phase of virtualization. With the addition of upgraded servers and virtualization software the City will be able to reduce the number of servers that are required to operate while maintaining or expanding the current network capacity. The second step toward energy reduction is to replace the two existing oversized, aging and inefficient HVAC systems with a single more efficient system. Page 32 of 100 Item 11. - 78 HB -404- Energy and Water Conservation Measures Server Virtualization: Virtualization provides the ability to run multiple applications and operating systems independently on server hardware. It has been estimated that the average server generally runs at 25% of its processing capacity. Virtualization software provides the information technology staff the ability to maximize the efficiency', of its equipment which will reduce the amount of physical hardware needed by consolidation and management of network activity to fewer machines. Implementing a virtualization plan will allow the number of servers in operation to be reduced from the original 45 down to 10. HVAC Upgrades: With the completion of the server virtualization the full time cooling demand of the server room will be reduced significantly. It is recommended that a single more efficient HVAC unit replace the two existing units. This unit will utilize the existing chilled water service which is available from the central chilled water plant for cooling. Further, to free up room in the adjacent room this unit be located inside in the: server room along the West wall. ECM Scope of Work • Purchase VM server middle ware virtualization software license(s). Purchase new Dell Power Edge R710 blade servers. • Installation, configuration and start up of the virtualization hardware and soft ware will be provided by HB IT staff. • Remove the two existing HVAC units currently providing conditioned air to the server room. • Provide and install anew 10 ton CHW unit. • Provide all CHW piping necessary for a fully functional system. • Provide all electrical conduits, wiring, disconnects necessary for a fully functional system. • Add an under floor partition in the existing raised floor system to seal the Server room from the adjacent room. • Replace the existing return louvers with wall panels to seal the server room from the adjacent room. • Provide HVAC start up by factory trained personnel. • Provide O&M training for the Huntington Beach Staff. Notes: Page 33 of 100 HB -405- Item 11. - 79 W Energy and Water Conservation Measures • The fire suppression system for the data center is assumed to be up to current code. The scope of work and estimated installation costs provided for the HVAC upgrades do not include anything associated with updating or u;,yrading this system. • Purchasing, installing and configuring all software and hardware associated with the server virtualization will be accomplished by HB IT staff. ECM Benefits Once fully implemented this ECM will provide The City of Huntington Beach with the following benefits: The air conditioning system for the server room will be more efficient and reliable ensuring the safety of the data processing equipment. • Reduction of building energy consumption by 90,047 kWh and demand by 9 kW. Maximized efficiency of data processing equipment. • Reduce HVAC equipment maintenance and associated costs. • Providing valuable space in the adjacent room once the current HVAC equipment is removed. This area will be available for other uses. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of server virtualization and replacing the two HVAC units with a single more efficient unit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-1: Civic Center Server Electric Consumption Savings (kWh) Room Optimization 90,047 Electric Demand Savings (kW) 9 Natural Gas Savings (therms) 0 Total Annual Cost Savings ($) $10,265 TOTAL PROJECT COST $216,345 SIMPLE PAYBACK (yrs) 21.1 RETURN ON INVESTMENT* -15% -Ku oases on a 1b Year mecycie Page 34 of 100 Item 11. - 80 HB -406- W Energy and Water Conservation Measures ECM-2: Civic Center CHW System Retrofit Existing Conditions The Civic Center has two existing, interconnected chilled water (CHW) systems to serve the cooling loads in the Civic Center buildings. The main CHW system is a 424- ton system that serves loads in the Civic Center Administration Building (CCAB), City Council Chambers, Police Department (PD) building and Information Technology Services area. The main chilled water plant is I located in the northwest corner of the basement level of the CCAB. The second CHW system consists of a 30-ton chiller in the PD that is dedicated to multi -zone AHUs AH-5 and AH-6 which serve the critical PD communications and Emergency Operations Center (EOC) areas in the basement that operate 24/7/365 The existing main CHW system is configured 411 - and operated with constant primary CHW flow - for each chiller, and variable secondary CHW flow. The chiller plant consists of two 212-ton water-cooled McQuay centrifugal chillers with constant speed compressors, a single 5hp constant flow primary pump for each chiller, two 30hp secondary CHW pumps with VFDs, and two 20hp constant speed CDW pumps. The CDW heat rejection is performed by a single -cell Evapco cooling tower with variable speed fan located on the roof. The plant is controlled and monitored by the existing Andover EMCS. This CHW plant operates 24/7/365 to serve the 24/7/365 operation of AHUs SF-1 and AHU-1 in the PD and the CRAC unit in the Information Technology Services server area. The existing PD CHW system is configured and operated as a constant primary CHW flow system. The chiller plant consists of one 30-ton Carrier compressor/evaporator with two reciprocating compressors, a remote air-cooled condensing coil, and a 10hp constant speed centrifugal condenser fan. There are two 2hp constant flow primary pumps that pump CHW through the PD chiller and AH-5 and AH-6. The PD CHW system is connected to the main CHW system in the AH-5/AH-6 mechanical room and the systems are isolated from one another with four existing pneumatic isolation/switchover valves that allow AH-5/AH-6 to operate using one system or the other. Presently, the isolation/switchover valves are maintained in an alignment where AH-5/AH-6 utilizes the PD CHW system. Due to the critical nature of these areas, the PD chiller, condenser fan, CHW pumps, AH-5 and AH-6 are connected to the PD emergency power system to ensure operation during a utility power outage. Page 35 of 100 HB -407- Item 11. - 81 W Energy and Water Conservation Measures During the investigation of these CHW systems, the following key findings were identified • The secondary CHW (SCHW) temperature difference (AT) between supply and return is typically very low. This is indicates a high level of bypass CHW supply to return in the secondary system which increases SCHW pump energy and ultimately affects the chiller power required. We identified three existing 3-way CHW control valves within the system that are contributing to this situation. • The primary CHW (PCHW) AT is less than 2.5 Deg F on average which is very low. This low PCHW AT causes the chillers to use more energy and is the result of the low SCHW AT and the constant PCHW flow system currently in place. • The main chiller plant currently operates at a very poor efficiency (high kW/ton) of approximately 2.0 kW/ton on average. High performing water- cooled CHW plants typically operate in the 0.50 to 0.70 kW/ton range. The PD chiller plant currently operates 24/7. Although the plant operates efficiently at approximately 1.5 kW/ton, there should be no need to operate this plant as the CCAB central plant has more than enough capacity to handle the PD cooling load. Further, this unit is aging and may become less reliable in the years to come. ECM Description The focus of this ECM is to reduce the energy consumption of the building's two existing chilled water (CHW) systems and improve the performance and reliability of these systems. In general this will be accomplished by: Improving the design, efficiency and operation of the Civic Center Administration Building (CCAB) CHW system. Using the CCAB CHW plant to serve all of the CCAB and Police Department (PD) loads as much as possible and operating the PD chiller as an emergency back-up only. • Providing new systems, equipment and controls that have proven performance and reliability. This ECM will involve upgrading the CCAB chiller plant equipment and controls as well as eliminating CHW bypass in the secondary distribution system. The main features of this ECM include: Page 36 of 100 Item 11. - 82 1IB -408- Energy and Water Conservation Measures NlINL1pN ffMX (OfOI1N • Replace one of the existing 212-ton chillers with one (1) 150-ton (possibly up to 175-ton) high -efficiency, oil -less chiller utilizing multiple variable -speed Turbocor compressors. • Install one (1) 83-ton high -efficiency, oil -less chiller utilizing a variable - speed Turbocor compressor for improved low load operation. • Conversion of the primary CHW pumping system to variable flow. • Conversion of the condenser water system (CDW) to variable flow. • CHW plant automation system upgrades that will provide control and monitoring of the chiller plant using advanced strategies that minimize energy use of the CHW system. • Conversion of the remaining AHU 3-way CHW control valves to 2-way. ECM Scope of Work AECOM will provide the required materials and labor to implement the proposed modifications described for this ECM including: 1) Engineering and construction documents. 2) Procurement of required City of Huntington Beach building permits. 3) Demolition a) Remove one (1) existing McQuay water-cooled chiller CH-2 (single compressor) in the Civic Center administration building chiller plant. The existing CHW and CDW piping and primary CHW pump for CH-2 will be reused with the new chiller. b) Remove existing starter for CH-2. The existing line -side and load -side conductors will be re -used with the new chiller. c) Disconnect the existing EMCS for CH-2 as needed to remove CH-2 and install the new chiller. Existing EMCS conduit and wire will be reused to the extent practical for the new chiller. 4) New Work a) Provide one (1) new high -efficiency, 150-ton SMARDT water-cooled chiller with Turbocor compressors (CH-2). The capacity of this chiller may be increased up to 175-tons.The chiller will include: i) Performance: LCHWT = 42°F, LCHWT = 52°F, ECDWT = 85°F, LCDWT = 95°F, and rated IPLV of approximately 0.36 kW/ton. ii) 2Id through 5th year extended compressor parts only warranty. iii) Configuration for variable CHW and CDW flow. iv) Modbus or BACNet communications interface. Page 37 of 100 HB -409- Item 11. - 83 Energy and Water Conservation Measures HUM _-N IEKM CKI.O� v) R-134a refrigerant. vi) SMARDT supervised start-up. vii) Single -point power connection with fused disconnect. b) Provide one (1) new high efficiency, 83-ton SMARDT water-cooled chiller with single Turbocor compressor (CH-3) including: i) Performance: LCHWT = 42°F, LCHWT = 52°F, ECDWT = 85°F, LCDWT = 95°F, and rated IPLV of approximately 0.36 kW/ton. ii) 2"d through 5th year extended compressor parts only warranty. iii) Configuration for variable CHW and CDW flow. iv) Modbus or BACNet communications interface. v) R-134a refrigerant. vi) SMARDT supervised start-up. vii) Single -point power connection with fused disconnect. c) Modify the existing primary CHW piping and CDW piping for connection to the new CH-2. New CHW and CDW piping will be schedule 40 steel with grooved (Victaulic type) joints. d) Provide one (1) new concrete housekeeping pad (approximately 4 ft wide x 10 ft long x 4 inches thick) for CH-3 in the chiller room. e) Provide one (1) new Bell & Gossett inline primary CHW pump for CH-3. The pump will have an inverter -duty, 480V 3-phase motor (approximately 3-5 hp). f) Install new 4 inch primary CHW piping and new 4 inch CDW piping to new CH- 3 from the existing headers in the chiller plant. New CHW and CDW piping will be schedule 40 steel with grooved (Victaulic type) joints. g) Provide one (1) new 5 hp ABB ACH-550 VFD with electronic bypass for each PCHWP (three (3) total). h) Provide one (1) new 20 hp ABB ACH-550 VFD with electronic bypass for each existing CDWP (two (2) total). i) Replace four (4) existing 2-1/2 inch pneumatic CHW cross -over valves for the Police Department (PD) CHW system with four (4) new electric, 2-position butterfly isolation valves and integrate the valves with the EMCS. j) Provide start/stop control and status for the PD chiller, condenser fan and CHW pumps in the EMCS. k) Replace one (1) 3-way CHW control valve at AHU S-3 with one (1) new 2-way control valve. Remove and cap the bypass piping. 1) Civic Center Administration Building CHW Plant Controls i) Provide one (1) new controller for the additional chiller plant points and communication with the new chillers, and integrate the controller with the existing EMCS. ii) Provide new CHW flow meters including: (1) One (1) new 6 inch, inline, magnetic flow meter for CH-2 primary CHW flow. (2) One (1) new 4 inch, inline, magnetic flow meter for CH-3 primary CHW flow. Page 38 of 100 Item 11. - 84 HB -410- Energy and Water Conservation Measures (3) One (1) new clamp -on (surface mount), ultrasonic flow meter for CH-1 primary CHW flow. (4) One (1) new clamp -on (surface mount), ultrasonic flow meter for the main SCHW flow measurement. iii) Provide six (6) new CHW temperature sensors. iv) Provide new CHW plant sequencing to minimize energy consumption including: (1) Variable primary CHW flow and variable secondary CHW flow strategies. (2) Variable CDW flow strategies. (3) CHW temperature reset strategies. (4) CDW temperature reset strategies. ECM Benefits • Improved central cooling plant efficiency. • Reduction in overall operations and maintenance costs. • Quieter system operation, as the Turbocor compressors are much quieter than the existing reciprocating compressors. • Improved system redundancy with the interconnected plants. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this chilled water system retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-2: Civic Center Electric Consumption SaNngs (kWh) CHW System Retrofit Electric Demand SaHngs (kW) Natural Gas Satings (therms) Total Annual Cost Satings ($) jo TOTAL PROJECT COST $1SIMPLE PAYBACK (yrs) RETURN ON INVESTMENT* *ROI based on a 20 Year Ofecycle Page 39 of 100 HB -411- Item 11. - 85 Energy and Water Conservation Measures ECM-3: Civic Center HVAC Retrofit Existing Conditions The HVAC systems in the Civic Center buildings are predominantly large pacKagea multi -zone AHUs and built-up dual -duct AHUs. There are a few fan coils and split DX systems that have been added over time to handle new loads in the PD communications area and the reproduction area in the CCAB. All of the multi -zone AHUs, dual duct AHUs and related zones were converted to VAV as part of an energy conservation project installed around 1995. The majority of the dual -duct and single duct VAV boxes in the CCAB were replaced in 2001 and the HVAC controls throughout the Civic Center buildings were upgraded to Andover digital controls for monitoring and controlling the HVAC systems. Civic Center Administration Building AHUs Air Handler SF 3: The Supply Fan 3 (SF-3) air handling unit is located in the penthouse of the Civic Center Administration Building and serves the 2nd, 3rd, 4th, and 5th floors of the building. SF-3 was designed to provide up to 60,000 CFM and is the major cooling load on the building's chilled water (CHW) plant. SF-3 circulates air through the building using one 50-HP supply fan which is controlled by a variable frequency drive (VFD). The system was converted from a constant volume (CV) system with mixing boxes to a variable air volume (VAV) system with true VAV boxes around 1995. This system is scheduled to operate through the EMCS from 6:OOAM to 6:OOPM Monday - Friday, excluding City observed holidays. The zones served by SF-3 are largely office spaces with individual offices, conference rooms and open office layouts. The perimeter spaces are served by dual duct (DD) VAV boxes, while the interior spaces of the building are cooling only single duct (SD) VAV. Over the years there have been changes to the floor plans and departments have moved. Currently the departments are as follows: Fifth Floor- Community Services, Economic Development, and Fire Department; Fourth Floor- City Council, City Administrator, and City Attorney; Third Floor- Building & Safety and Planning — Code Enforcement; and Second Floor- City Clerk and Passport Services. A common change to the original construction throughout the 3rd, 4th, and 5th floor plans is that offices have been added along the North wall and the existing thermostats have been moved into the office closest to the VAV box. Return air (RA) grills have been added to many of these new offices to assist with air circulation through the new spaces. Page 40 of 100 Item 11. - 86 HB -412- Law Energy and Water Conservation Measures XUNIMGION IFKX KIFONNII Air Handler SF 2: Air handler Supply Fan 2 (SF-2) is located in the basement mechanical room on the Lower Level (LL) of the Huntington Beach Civic Center and it serves the LL as well as the 1st floor. A VFD was added to this 40-HP fan when the system was converted from CV to VAV in 1995. SF-2 serves office spaces on the 1st floor and LL, however many of the spaces have been reconfigured and walls have been added where necessary. From initial inspections, it would appear that the HVAC system was considered when making these modifications. For example, an additional small air handler (AH-11) was added to the newly converted Document Reproduction Room to compensate for the heat from their machines. Air Handler 11 (Reproduction Room) Air Handler 11 is a ceiling -mounted, single zone unit that serves only the print room on the LL of the HB Civic Center. It is located in the Storage Room / Workroom just past the Chiller Room on the LL. The unit is CV and has a 3-way valve on the CHW coil. The unit has digital Andover controls and integrated with the EMCS. Air Handler 11 (Personal Records "Vault') There is another small air handler labeled AH-11 which is located above the ceiling of the Central Records "Vault' on the 2nd floor of the HB Civic Center. This unit is controlled locally at the fan disconnect and cannot be seen on the EMCS. It is a CV single zone system and is intended to keep the documents stored in the record room from deteriorating. Air Handler 10: AH-10 is a ceiling -mounted single -zone unit that serves the Shipping and Receiving area on the LL of the HB Civic Center. The unit is CV and has a 3-way valve on the CHW piping to the coil, however the ball valve on the bypass is in the closed position. This unit also has Andover digital controls and is connected to the EMCS. Air Handler 7: AH-7 is a floor -mounted computer room air conditioning (CRAC) unit that serves the server room located in the IT Department on the LL of the HB Civic Center. This unit is CV and SZ and with 3-way CHW control valves. Page 41 of 100 HB -413- Item 11. - 87 Energy and Water Conservation Measures z Air Handler 3: AH-3 is located in the mechanical room on the East side of the Council Chambers. This multi -zone unit has been changed from CV to VAV and the 3-way valve was converted to 2-way. AH-3 serves the Council Chambers and has three zones. The VFD on this 7.5-HP fan was operating at 60.75 Hz even though the Council Chambers were empty at the time of inspection. Air Handler 4: AH-4 is located in the mechanical room on the East side of the Council Chambers and serves the meeting rooms, break room, and lobby of the Council Chambers. This multi -zone unit was converted from CV to VAV and the 3-way valve on the CHW line was also changed to a 2-way. The spaces served by this AHU were unoccupied at the time of inspection and the VFD on this 7.5-HP fan was running at 42.9 Hz. Police Department HVAC Systems Air Handler SF-1: The supply fan 1 (SF-1) AHU is a built up system dual -duct system located in the basement of the PD building that serves the basement and 15t levels of the PD building. SF-1 was designed to provide approximately 46,000 CFM using one 40-HP supply fan. The system was converted from constant volume around 1995 by converting the CV dual -duct mixing boxes to VAV, adding the supply fan VFD and digital controls. This system currently operates 24/7/365 to support several continuous activities in the PD. SF-1 serves a diverse mixture of spaces consisting of offices, conference rooms, open office areas, public areas, property storage, evidence storage, labs, locker rooms, exercise rooms, and record storage. Over time many spaces have been reconfigured with new walls or pre -manufactured partitions, and/or the usage of the spaces has changed. Our observations of the modified areas indicate that in general, the HVAC system has not been modified or adjusted to account for the changes. Many of the spaces served by SF-1 are not occupied 24/7/365 nor require specific temperature control 24/71365, but specific zone schedules are not currently in use for these areas. Air Handler 1: AH-1 is a six zone multi -zone AHU that is located in the same basement mechanical room as SF-1. AH-1 was designed to provide approximately 15,300 CFM using one 15-HP supply fan. The air supplied to the AH-1 zones is a combination of Page 42 of 100 Item 11. - 88 HB -414- Energy and Water Conservation Measures VNlING10H IFKM <NNOF approximately 40% RA from the basement level of the PD (SF-1 zones) and 60% OA. All of the air from the detention area is exhausted to the outside via a constant speed exhaust fan. The system was converted from constant volume to pseudo-VAV around 1995 by replacing the mixing dampers with independently controlled hot and cold deck dampers, adding a supply fan VFD and digital controls. However, the exhaust fan was not converted to variable speed operation. Our observations of this system have shown that the VFD operates at full speed during most operation. This AHU serves the detention area on the basement level of the PD which includes jail cells/day rooms, a future cell block area that is currently used for storage, holding rooms, line-up area, interview rooms, and a trustee living area. Most of these areas are sporadically occupied and were totally unoccupied during our investigation. Occupancy tends to increase during nights and weekends, especially during the summer months. Air Handler 2: AH-2 is a dual -duct system located on the 2"d floor (3'd level) of the PD building that serves the 2nd level of the PD building. AH-2 was designed to provide approximately 22,500 CFM using one 20-HP supply fan. The system was converted from constant volume around 1995 by converting the CV dual -duct mixing boxes to VAV, adding the supply fan VFD and digital controls. This system currently operates on a Monday - Friday schedule through the ECMS. However, the detective's area and narcotics/gang unit areas have been retrofitted with HVAC override stations that can activate the HVAC system during off hours when these personnel may be required work. Air Handlers 5 & 6: AH-5 and AH-6 are CHW/HHW multi -zone AHUs that serve the critical PD station commander, communications and Emergency Operations Center (EOC) areas in the basement. The PD areas operate 24/7/365 and require continuous HVAC service. The EOC area is designed for use as a command center during City emergencies and is infrequently used. Currently the HVAC for this area operates 24/7/365. ECM Description The focus of this ECM is to reduce the energy consumption of the building's existing air handling systems, and improve the performance and operation of these systems. In general this will involve: - Enhancements to zone controls such as zone schedules, set -point revisions, and zone occupancy controls for infrequently occupied zones. - Enhancements to air handling unit sequences of operation including cold Page 43 of 100 HB -41 Item 11. - 89 W Energy and Water Conservation Measures deck and hot deck set -point reset based on zone demand, improved static pressure reset strategies, system start time optimization, and slow start-up strategies. Reduction of conditioned air to zones where it is not needed. - Reduction of exhaust air flow in conditioned zones where usage has changed and exhaust is not needed. Relocation of supply air registers, return air registers and/or thermostats in certain areas to improve performance of the HVAC system for the current configuration of the spaces. Adjustment of zone airflows in certain areas to adjust for the current configuration of the spaces. ECM Scope of Work AECOM will provide the required materials and labor to implement the proposed' modifications described for this ECM including: - Provide up to fifty (50) new zone temperature sensors with manual occupancy override. Other zone occupancy controls may be used in lieu of a manual override based on the best strategy for a particular zone. - Relocate up to thirty (30) existing zone temperature sensors. - Reprogram and commission the programming for four (4) existing dual -duct AHUs. - Reprogram and commission the programming for five (5) existing multi -zone AHUs. - Provide one (1) 5 hp VFD and related controls for existing return fan EF-3 for the PD detention area. Furnish and install a new inverter duty motor for EF-3. - Block off the conditioned supply air (SA) and return air (RA) to the property storage room and SWAT storage room on the basement level of the PD, and rebalance this zone. Add two (2) exhaust registers with balancing dampers to the existing exhaust system duct passing through the property storage room. Adjust the exhaust fan for the additional exhaust air (EA) flow and rebalance the exhaust system. - Block off the EA ducts to the old film processing area on the 1" floor of the PD and reduce the SA flow to four (4) rooms in this area that are now used for storage. Rebalance the SA, RA and EA for this area. - In specific areas identified in the final engineering effort, relocate, add or remove SA and/or RA ducts and registers in the existing air handling systems for improved performance. The scope of these changes is limited to the budget set forth in the agreement to do this work and will be prioritized based on the changes needed to Page 44 of 100 Item 11. - 90 ltB -416- Energy and Water Conservation Measures rvnncrory IA a uwo9 achieve the energy savings in the agreement. - Refurbish or replace the zone dampers for AH-1 in the PD. Provide one (1) new zone air flow sensor for the six zones in AH-1 and integrate the sensors with one (1) new zone controller per zone. - Provide one (1) new CO2 sensor in the combined EA stream from the detention area and integrate this with the existing AH-1 EMCS controller. Provide programming for the exhaust fan control. ECM Benefits • Significant fan, heating, and cooling energy savings. • Improved system operation and performance. Increased occupant comfort. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this HVAC retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-3: Civic Center Electric Consumption Swings (kWh) HVAC Retrofit 247,909 Electric Demand Sa\ings (kW) 0 Natural Gas SaNngs (therms) 23,351 Total Annual Cost Sa\Angs ($) $45,775 TOTAL PROJECT COST $387,956 SIMPLE PAYBACK (yrs) 8.5 RETURN ON INVESTMENT' 112% `KUI based on a I Year litecycle Page 45 of 100 HB -417- Item 11. - 91 Energy and Water Conservation Measures ° �C`lo.�u•` ECM-4: Civic Center Lighting Retrofit Existing Conditions This building was designed and built in the early 1970s. The occupied spaces are a mixture of private offices, common offices and conference rooms. A majority of the lighting fixtures are mounted in the typical suspended ceiling grid. The types of fixtures throughout the building are mainly 2 by 2 foot and 2 by 4 foot recessed fixtures. Approximately six years ago a whole building lighting retrofit was performed. This retrofit replaced the original T-12 fluorescent lighting with first generation T-8 technology. It was observed that many areas throughout the building are over lit and could benefit from a light reduction. Lighting in the common office areas is manually controlled however many of the private offices and conference rooms are controlled by occupancy sensors. The Stairwell areas are illuminated at all times. ECM Description The focus of this energy conservation measure is to improve lighting system efficiency through application of the latest 3`d generation T-8 lamp and ballast technologies to increase fixture efficiency and increase lamp life. In addition, the number of lamps will be reduced in areas where the lighting level is above requirements. The retrofits will provide the required foot candles at the work surface prescribed by the Illumination Engineering Society. ECM Scope of Work • Complete audit and engineering required to fully define a room by room scope of work for the center wide lighting retrofit. Retrofit existing T-8 fixtures located with new 3`d generation fluorescent T-8 Super Saver Lamps (25W) and matched electronic ballasts. Retrofit will include installation of new lamp sockets. • Complete new ballast electrical installation. • Replace stairwell lighting with Bi-Level txtures. This fixture includes a 17W 1' fluorescent lamp which is continuously on. An integrated occupancy sensor energizes one or two 4' T-8 lamps for 15 minutes whenever motion is detected. • Add surface mounted canopy lighting where existing recessed fixtures are currently utilized. Page 46 of 100 Item 11. - 92 HB -418- Energy and Water Conservation Measures nue,ma seu� �uum. • Retrofit the bollard lighting with CFL fixtures. • Dispose of all old lamps and ballasts in compliance with all applicable environmental regulations. Refer to the Appendix for a complete retrofit list. ECM Benefits The benefits of implementing this ECM will: • Significantly reduce the building's annual electric energy consumption and demand by installing more efficient lamps and ballasts. • Reduce maintenance requirements. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this Lighting retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-4: Civic Center Electric Consumption Savings (kWh) Lighting Retrofit 208,526 Electric Demand Savings (kW) 56 Natural Gas Savings (therms) 0 Total Annual Cost Savings ($) $23,772 TOTAL PROJECT COST $176,079 SIMPLE PAYBACK (yrs) 7.4 RETURN ON INVESTMENT* 51% 'ROI based on a 10 Year litecycle ECM-5: Upgrade Central Library Interior and Exterior Lighting Existing Conditions Much of the lighting for this building is provided by fluorescent fixtures using T8 lamps and electronic ballasts. On the main floor there are also Metal Halide fixtures in the ceiling adjacent to skylights. Control of the lighting fixtures is provided by manual switches. Page 47 of 100 HB -419- Item 11. - 93 Energy and Water Conservation Measures The library has an indoor fountain and spiral ramp as an architectural feature. Lighting in this area is provided by skylights, 8' by 8' fluorescent fixtures emulating the skylights and 2' x 2' fluorescent recessed fixtures. The 2' x 2' recessed light fixtures above ':,a fountain areas are extremely difficult to access. Due to the difficulty required to service these lights, the lamps are currently burned out in these fixtures and have - been this way for over a year. V . The book stacks are illuminated by narrow fixtures running down each aisle. The fixtures contain four foot lamps and are either four feet (two lamps) or eight feet (four lamps) configuration. It was also observed the many of the existing exit signs in the library are from the original construction. These signs are illuminated by incandescent lamps and should be changed out with high efficiency LED fixtures. ECM Description This measure will increase the efficiency of the lighting a it system by installing high efficiency lamps and ballasts, reducing the number of lamps per fixtures in some areas, replacing the large metal halide fixtures with high efficiency — — -- Compact Fluorescent fixtures and adding daylight control to Zr turn off fixtures when ambient light sources are sufficient. The large 250 watt Metal Halide fixtures in the main floor area will be replaced with 100 watt compact fluorescent fixtures. The fixtures will be tied to a day lighting control system which will sense when ambient light is adequate and turn off the new compact fluorescent fixtures accordingly. This will decrease energy use and extend the life of these new fixtures. The 2' by 2' recessed fixtures above the fountain area will be removed and the spaces will be covered by acoustic tiles. During a site visit in the evening, it was recognized that the operating fixtures provided enough light. This justifies the removal of these fixtures. ECM Scope of Work • Remove five 250 watt metal halide fixtures in the lower lobby and install a surface mounted fixture with 2-26 watt compact fluorescent lamps. • Replace 250 watt metal halide fixtures in the main floor area with 100 Watt compact fluorescent fixture. Add lighting controls to operate these fixtures only when ambient is insufficient. Page 48 of 100 Item 11. - 94 1113 -420- Energy and Water Conservation Measures • Retrofit existing T-8 fixtures located with new 3`d generation fluorescent T-8 Super Saver Lamps (25W) and matched electronic ballasts. Retrofit will include installation of new lamp sockets. • Complete new ballast electrical installation. • Replace existing exit signs that are still utilizing incandescent lamps. • Dispose of all old lamps and ballasts in compliance with all applicable environmental regulations. • Retrofit the main exterior stairways lighting with induction fixtures. • Refer to the Appendix for a complete retrofit list. ECM Benefits For lighting systems there are three basic concepts which underlie energy savings; design, fixture efficacy and hours of use. The outcome of a lighting system design ultimately are attractive, even, and appropriate lighting levels which serve the needs of those occupying a space. Lighting levels which are too high or too low can degrade the quality of a space. During the building visits the lighting levels were generally noted and the general observation is that there is a fair amount of variability of the lighting levels from building area to building area. This situation can be improved as more efficient lamp ballast combinations are applied in fixtures serving areas with low lighting levels to improve lighting while maximizing efficiency. The second and third components of lighting system efficiency involve the most efficient technology to obtain the quantity of light required to illuminate the space and the efficient use of the fixture only when it is required. Operational and maintenance savings are also significant benefits to be considered when designing a lighting retrofit. We work to unify the lamps and ballasts used to as few types as possible making it easier and less costly to stock fewer items for future use. The basic premise is to compare current expenditures for labor and materials to maintain the lighting system against the new cost after a project is installed. To do this consideration is given to such items as factory defects, current operating hours, and the current life cycle cost versus new life cycle cost. The utility costs savings calculated do not include a monetary value for operations and maintenance but the concept needs to be considered. Page 49 of 100 xB -421- Item 11. - 95 Energy and Water Conservation Measures ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this Lighting retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economi analysis. I Electric Consumption Savings (kWh) 331,899 Electric Demand Savings (kW) 93 Natural Gas Savings (therms) 0 Total Annual Cost Savings ($) $40,923 TOTAL PROJECT COST $232,251 SIMPLE PAYBACK (yrs) 5.7 RETURN ON INVESTMENT' 97% "KUI based on a 1 U Year Iltecycle ECM-7: Central Library HVAC/Controls Retrofit Existing Conditions The HVAC systems in the main library consist of four existing large, multi -zone AHLIs and two fan coil units. Each of these HVAC systems use CHW for cooling and HHW for heating. These are the original systems that were installed with the building, but they were modified in the mid-1990's with supply fan VFDs, electronic controls and new, independent zone dampers. AH-1 and AH-2 are the largest systems and they serve the main open areas of the library including the central book stacks. AH-3 primarily serves offices and conference rooms on the east side of the Main level. AH-4 serves offices and other administrative spaces on the Main and Park levels as well as Patio area in the northwest corner of the library. ECM Description The focus of this ECM is to reduce the energy consumption of the Main Library's Page 50 of 100 Item 11. - 96 xs -422- ill Energy and Water Conservation Measures existing air handling systems, and improve the performance and operation of these systems. In general this will involve: • Enhancements to air handling unit sequences of operation including cold deck and hot deck set -point reset based on zone demand, improved static pressure reset strategies, system start time optimization, and slow start-up strategies. • New sequences of operation for AH-1 and AH-2 economizers and ventilation control. • Relocation of thermostats in certain areas to improve performance of the HVAC system and occupant comfort. • Enhancements to zone controls including set -point updates that improve comfort and reduce energy usage, automatic occupancy controls for infrequently occupied zones such as meeting rooms, and updated schedules that reflect current library operation. • Addition of return air duct and registers in certain areas to improve the performance of the HVAC system for the current configuration of the spaces. • Adjustment of zone airflows in certain areas to adjust for the current configuration of the spaces. • Replacement of outside air and exhaust air economizer dampers and actuators for AH-1 and AH-2. • Installation of a VFD and controls for the return fan serving AH-1 and AH-2. • Reduction of conditioned air to areas where it is ineffective or no longer needed. • Replace pneumatic controls for two existing fan coil units with new electronic controls, integrate with the existing EMCS, and implement improved schedules and temperature control strategies. ECM Scope of Work ' AECOM will provide the required materials and labor to implement the proposed modifications described for this ECM including: AH-1 and AH-2 • Remove one (1) existing outside (OA) damper for AH-1 and install Page 51 of 100 xs -423- Item 11. - 97 Energy and Water Conservation Measures 7 one(1) new 9ft x 9ft OA damper with aluminum airfoil blades and electric actuators. • Remove one (1) existing outside (OA) damper for AH-2 and install one(1) new 9ft x 9ft OA damper with aluminum airfoil blades and electric actuators. • Service the existing return air (RA) dampers on AH-1 and AH-2 and remove the existing pneumatic actuators. Provide new electric actuators for the AH-1 and AH-2 RA dampers. • Remove one (1) existing 7ft x 7ft exhaust air (EA) damper for return fan RE-1 and install one (1) new 7ft x 7ft EA damper with aluminum airfoil blades and electric actuators. • Provide one (1) 20 hp VFD and related controls for existing return fan RE-1. • Reduce the maximum air flow to AH-1 Zone 3 (south) by balancing. Reduce 11,400 CFM to 8,400 CFM. • Reduce air flow to AH-1 Zone 1 (north) by balancing. Reduce 11,700 CFM to 8,700 CFM. • Reduce air flow to AH-1 Zone 2 (west -north corner) by balancing. Reduce 11,400 CFM to 8,800 CFM. • Reduce air flow from AH-1 at the north and south edges of the main level book stack (Zone 1 and Zone 3), particularly under the RA registers. • Provide one (1) new CO2 sensor, one (1) new temperature sensor and one (1) new relative humidity sensor in the combined RA stream near RE-1. • Provide new sequences of operation for AH-1 and AH-2 including schedules, economizer control, demand ventilation control, cold deck and hot deck set -point reset, static pressure reset, system start time optimization, and start-up. AH-4 MZ • Relocate three (3) existing thermostats for zones 4, 5 and 7. • Reduce the maximum air flow to Zone 7 (west -north corner of lower Page 52 of 100 Item 11. - 98 HB -424- W Energy and Water Conservation Measures level) by balancing. Reduce 7,900 CFM to 6,300 CFM. • Provide new RA duct and registers from RA shaft to Zone 5 on Park Level. Test and balance SA and RA for Zone 5. FC-1 and FC-2 Controls Upgrade • Remove existing pneumatic controls for two (2) existing fan coil units (FCU) in the southwest corner of the Park Level (currently the genealogy area). • Provide new Andover digital controls for two (2) FCUs. Each FCU will have one (1) each of the following: Application Specific Controller (ASC), fan start/stop output (1 DO), fan current switch for run status (1 DI), one (1) zone temperature sensor, one (1) CHW valve with electric actuator, and one (1) HHW valve with electric actuator. ECM Benefits • Significant fan, heating, and cooling energy savings. • Improved system operation and performance. • Increased occupant comfort. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this HVAC and control system retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-7: Central Library Electric Consumption Sa�jngs (kWh) HVAC/Controls Retrofit 105,490 Electric Demand SaHngs (kW) 0 Natural Gas Swings (therms) 9,149 Total Annual Cost Sa�ings ($) $19,869 TOTAL PROJECT COST V16,797 SIMPLE PAYBACK (yrs) 10.9 RETURN ON INVESTMENT* 64% 'ROI based on 15 year lifecycle Page 53 of 100 HB -425- Item 11. - 99 Energy and Water Conservation Measures ECM-8: Central Library Expansion HVAC Controls Retrofit Existinci Conditions The Library Addition has eight main HVAC systems which are currently controlled and monitored with a Trane Tracer EMCS. This system was installed during the construction of the library addition project and the operator interface computer was recently upgraded and now provides a graphic user interface. The system is not integrated with the existing Andover EMCS in the Main Library and cannot be accessed remotely by facilities staff. ECM Description The focus of this ECM is to upgrade the EMCS to reduce the energy consumption of the Library Addition's existing HVAC systems, and improve the performance and operation of these systems. In general this will involve replacing the existing Trane control system with Andover controls and integrating the new controls with the existing EMCS. The controls sequence upgrades will also involve: • Enhancements to air handling unit sequences of operation including updated schedules, improved supply air temperature reset and system start time optimization. • Enhancements to HHW system control including schedule, lockout and supply temperature set -point. • Enhancements to zone controls such as zone schedules, set -point updates, and automatic zone occupancy controls for infrequently occupied zones. ECM Scope of Work AECOM will provide the required materials and labor to implement the proposed modifications described for this ECM including: 1) Replacement of the existing Trane Tracer HVAC controls with new Andover Controls. The new controls will be for HVAC components serving the Library addition which include AC-1 thru AC-8, PCM Boiler & Exhaust Fans, Seventeen (17) VAV Air Terminal Unit Zones, and Four (4) VeriTrack Air Terminal Zones. Page 54 of 100 Item 11. - 100 fia -426- Energy and Water Conservation Measures VNIINL1pN FFKN UFIIOFN The EMCS upgrades will include the following: • Network and Unitary Controllers required to provide a fully functioning system that is integrated with the existing Andover control system. • New Adjustable Digital Temperature Sensors (thermostats) to replace existing thermostats. • Engineering, Installation, Programming and Commissioning labor required to provide a fully functioning system. • Existing low voltage wiring and sensors will be reused with the new system to the extent that is practical. ECM Benefits • Significant fan, heating, and cooling energy savings. • Improved system operation and performance. • Increased occupant comfort. • Improved visibility to Library Addition HVAC systems to HB maintenance staff. • Increased efficiency of system troubleshooting and system adjustment. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this control system retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. Page 55 of 100 HB -427- Item 11. - 101 ill Energy and Water Conservation Measures ExpansionECM-8: Central Library Electric Consumption Savings (kWh) 113,562 Electric Demand Savings (kW) 0 Natural Gas Savings (therms) 3,385 Total Annual Cost Savings ($) $16,541 TOTAL PROJECT COST $188,548 SIMPLE PAYBACK (yrs) 11.4 RETURN ON INVESTMENT' 57% 'ROI based on 15 year lifecycle ECM-10: Central Library Theater Transformer Replacement Existing Conditions Within the central library there is a theater that is used for community events and performances. As with all theaters, it is equipped with numerous types of specialty lighting with a dedicated lighting control panel. This lighting system has been designed with a dedicated step down transformer which converts the native 480 volts to a usable 120 Volts. Although a transformer is necessary for this application, it does have an energy penalty associated with it as it continuously consumes power even when the lighting system is not in use. Transformers typically lose 1 to 2% of energy transformed as heat when they are lightly loaded. The scheduling and occupancy of the theater is based on booked venues however on average this theater is utilized for events approximately 4 hours a day. This coupled with the fact that the lighting system electrical load is less than half of the capacity of the existing transformer the annual losses associated are significant. ECM Description Remove the existing 225 kVA transformer serving the existing lighting control panel and replace it with a new efficient 112.5 kVA transformer. Page 56 of 100 Item 11. - 102 HB -428- Energy and Water Conservation Measures MVx1,NGON EfKX <1V011 ECM Scope of Work I • Remove and properly dispose with the existing transformer. • Replace the existing transformer with anew 112.5 kVA Unit. • Add a 200 amp 480 VAC disconnect at the transformer for primary protection. • Remove existing 800 amp disconnect and install new 400 amp disconnect for secondary protection. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this transformer retrofit. ECM-10: Central Library Theater Electric Consumption Savings (kWh) Transformer Replacement 21,900 Electric Demand Savings (kW) 3 Natural Gas Savings (therms) 0 Total Annual Cost SaNngs ($) $2,700 TOTAL PROJECT COST $21,445 SIMPLE PAYBACK (yrs) 7.9 RETURN ON INVESTMENT* 126% " RUI based on 15 year Recycle Page 57 of 100 xa -429- Item 11. - 103 Energy and Water Conservation Measures ECM-11: Pier, Downtown and Beach Front Lighting Existing Conditions Historic downtown Huntington Beach and its oceanfront areas are a popular with tourists and locals alike who frequent the variety of shops, restaurants and other entertainment venues this area has to offer. The majority of these areas are illuminated every night from dusk to dawn with inefficient high pressure sodium lighting in a variety of fixture configurations. With the rapid advance of LED lighting technologies there are many products currently available on the market that could offer the city numerous benefits with LED replacements such as reduced energy consumption, extended service life, provide better safety through a higher quality of light, and reduced maintenance costs. The Staff of Huntington Beach has taken a proactive role in exploring and implementing pilot programs utilizing LED light sources. The City is an active member of the LEDCity group which is a growing community of cities nationwide that are switching to LED lighting in public areas for significant energy and maintenance cost savings. Recently the City has completed a LED pilot program on historic main street which added acorn -style controllable LED fixtures that are aesthetically pleasing, improve lighting quality, and reduce energy consumption and operating costs. Examples of existing beachfront lighting fixtures Page 58 of 100 Item 11. - 104 HB -430- Energy and Water Conservation Measures ECM Description The City has completed a lighting design master plan for the historic areas of the city around and including the pier. The concepts proposed are innovative and would provide visually pleasing lighting schemes with directed and colored lighting that would enhance the night time visitors experience while visiting these areas. Many of the concepts suggested in this study will require capital investment and increased maintenance costs. Due to the current economic and staffing environment at the City, the focus of this energy conservation measure is to improve lighting system efficiency through to application of LED technologies to increase fixture efficiency, increase lamp life, provide better quality of light and reduce maintenance costs. The table below has been put together as a suggested retrofit for selected groups of exterior lights serving similar areas. It should be noted that LED solutions first cost are considered expensive relative to other alternatives however with fixture life approaching 60,000 hours LED technology should be evaluated closely for their maintenance benefit in addition to their energy efficiency. There is another non energy benefit due to timing of work planned for the beach front parking lights. Currently there is a mass change out of the tennon arms for many of the beach parking lot lights. These tennon arms are being changed out under a manufacturer warranty. Doing this work requires approximately 3 hours per light pole of public works service crew's time to carefully disassemble, remove and replace the existing fixture in order to replace the tennon arm. If a new LED fixture added to replace the existing HID unit while this warranty work is taking place the time per fixture can be reduced to approximately 1 to 1.5 hour per light pole. Examples of proposed beachfront lighting CA Page 59 of 100 xB-43t- Item 11. - 105 Energy and Water Conservation Measures 'i Table 11.1: Pre and Post Fixture Designs and Power Consumption item 1 GENEML Location Pier Count 54 Existing Fi.t Cod. HPS200/1 Ughting kW/fi.t 0.235 Equipment t kW •12.69 his 4380 kWh 55,582 Proposed Count Fixt Code 54 Acrn LED Ughting kW/fixt 0.097d5.4 Equipment TotkW his )o 4g30 22,942 Savings kWh 32,640 2 Pier Plaza 5 HP5200/2 0.47 2.35 4380 30,293 5 Acrn LED 0.097 4380 2,124 811,169 3 LG HQ Tumamund 8 HP5200/2 0.47 3.76 4390 16,469 8 Acm LED 0.097 4380 3,399 12,070 4 Beach parking 147 HP5250/1 0.295 43.365 4380 189,939 147 Cobra LED 0.131 439084,346 105,593 5 Beach Parking 41 HPS250/1 0.295 12.095 4380 52,976 41 Cobra LED Cris 0.131 438023,525 29,4516 Main Street 13 HPS150/1 0.188 2.444 4380 10,705 13 Acrn LED 0,131 4380 7,459 3,2467 DOvanevo Street L9ts 15 HP575/1 0.095 1.425 4390 6,242 15 Cobra LED 0.046 4390 3,022 3,2198 Downtown Street L9ts 8 HP5150/1 0.188 1.504 43M 6,588 8 CobraLED 0.131 43M 4,590 1,997 9 Poper CC 8 HPS150/1 0.198 1.504 4380 6,588 8 Cobra LED 0,131 4380 4,590 1,997 Total 1 417 1 417 199,382 ECM Scope of Work • Retrofit existing HPS lighting with new LED fixtures • Dispose of all old lamps and fixtures in compliance with all applicable environmental regulations. Note: Purchasing and installing the proposed lighting will be accomplished by Huntington Beach maintenance staff. ECM Benefits • Once fully implemented this ECM will provide the Beachfront and downtown community the following benefits: • Reduced energy consumption by 199,382 kWh. • Increased fixture life from 5 to 15 years. • Maintain existing lighting levels while reducing fixture wattage. • Reduce maintenance costs. • Provide improved light distribution. • Improve color rendering index which improves visual clarity. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this lighting system retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. Page 60 of 100 Item 11. - 106 HB -432- Energy and Water Conservation Measures ECM-11: Pier, Downtown Electric Consumption Savings (kWh) and Beach Front Lighting 199,382 Electric Demand Savings (kW) 45 Natural Gas Savings (therms) 0 Total Annual Cost Savings ($) $18,941 TOTAL PROJECT COST $290,640 SIMPLE PAYBACK (yrs) 15.3 RETURN ON INVESTMENT* 17% * ROI based on 15 year lifecycle ECM-13: Lifeguard HQ Data Room HVAC Retrofit Existing Conditions The HVAC system conditioning the Lifeguard headquarters consists of seventeen fan coil units (FCUs) serving offices, common areas and equipment spaces. The Junior Lifeguard Headquarters is served by 10 FCUs. Each FCU is controlled by a programmable thermostat located in the space served by the FCU. The programming of the thermostats is done by the tenants. This leads to inconsistent set points and schedules. Chilled water is provided to the FCUs of each building by a dedicated 25 ton Carrier Aquasnap chiller located on the rooftop of both building's roof. Hot water for heating is provided by a hot water boiler also located on each building's roof. In the first floor of the Lifeguard Headquarters is a computer data server room. The room houses video camera networking equipment, telephone, radio, and information systems for the marine safety department. This facility operates 24 hours per day, seven days per week and requires cooling. Currently, the cooling is provided by the roof mounted chiller. During times when this room is the only space that needs cooling, the chiller needs to run to serve this very small load. This results in inefficient operation and excessive cycling of the unit's compressor(s). ECM Description This measure will install a small split system air conditioning unit to serve the computer server room when there are no other loads on the chiller. This will increase the efficiency of cooling and will reduce the wear on the chiller. The new split system Page 61 of 100 HB -433- Item 11. - 107 Energy and Water Conservation Measures serving the server room will be programmed to operate during times when the building is unoccupied. ECM Scope of Work Add a dedicated 1.5 ton ductless split AC system to serve the Network room. Add a dedicated programmable thermostat to operate this new system. • Program the new system to operate from 6PM to 6AM. Modify the operation of the existing water source fan coil to only operate during the normal facility occupancy hours (6AM to 6PM), which corresponds to the period that would require the existing chilled water system operate. ECM Benefits This ECM will reduce chiller energy use when the only load is the computer server room. When the chiller operates at this low load, it will cycle on and off to serve the load and maintain its operational safeties. This places additional strain on the unit's compressor. By reducing the cycling of the chiller, the useful life of the chiller and it's required maintenance intervals are increased. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this server room unit addition. ECM-13: Lifeguard e Data Electric Consumption Savings (kWh) Room HVAC Retrofit 3,942 Electric Demand Savings (kW) 0 Natural Gas Savings (therms) 0 Total Annual Cost Savings ($) $473 TOTAL PROJECT COST $15,179 SIMPLE PAYBACK (yrs) 32.1 RETURN ON INVESTMENT* -44% " KUI based on 15 year lifecycle Page 62 of 100 Item 11. - 108 HB -434- Energy and Water Conservation Measures ECM-14: HVAC Retrofits at Lake and Gothard Fire Stations 1 Existing Conditions The Gothard Fire Station is a 10,000 square foot building that houses City firefighters and equipment. The facility is heated and cooled by a central air conditioning system. This system consists of a packaged rooftop gas / electric air conditioning unit serving eight separate zones. Each zone duct has a motorized damper which was intended to modulate based on zone conditions as measured by individual thermostats. The dampers are now disengaged from the actuators and according to the occupants, are set manually based on the season. In the cooling season the dampers are opened and then closed to a minimum position in heating season. Internal lighting at this station is provided by linear fluorescent fixtures with T8 lamps and electronic ballasts. — -_-- • The Lake Fire Station is a 11,500 square foot building that houses City firefighters and equipment. The facility is heated by a central gas furnace located in the attic. The furnace serves all areas except the upstairs dorms. The controlling thermostat is located in the first floor hallway. Site personnel pointed out that when the furnace is on the second floor library gets unbearably hot while very little heat gets to the first floor. The upstairs dorms are served by a packaged rooftop heat pump. In its current configuration this heat pump does not provide any outside air. Lighting is provided by linear fluorescent fixtures with T8 lamps and electronic ballasts. ECM Description The packaged rooftop air conditioning unit at the Gothard Station is in need of replacement. The duct system needs to be inspected, repaired as necessary. This will provide a level energy savings by increasing the efficiency of the unit and the delivery system. The Furnace system at Lake fire station also needs to be replaced and the system re commissioned to its original design intent. The furnace is thirty years old and replacement with a more efficient new unit will improve the occupant comfort and Page 63 of 100 HB -435- Item 11. - 109 Energy and Water Conservation Measures reduce energy use. Analysis of this site's natural gas use shows that the building uses about 272 Therms ($ 289) of natural gas for heating. This measure will save approximately 35 Therms ($ 37) annually. The primary motivation for this retrofit is occupant comfort as the savings is unlikely to provide an attractive payback. The heat pump serving the upstairs dorms at Lake Station needs to be replaced. The aluminum fins on the condenser coils have almost completely deteriorated. The system needs to be properly designed for sizing and code compliance. ECM Scope of Work Gothard Fire Station Air Conditioning: . Remove and dispose of existing Gas Electric rooftop air conditioning unit. • Replace and re commission zone dampers and thermostats. Provide control communication to interface controls with city's network control system. Lake Fire Station Furnace • Remove and dispose of existing gas fired furnace. • Evaluate and repair existing heating ductwork as necessary. • Install new High Efficiency gas fired furnace. • Commission furnace system to design requirements. Lake Fire Station Heat Pump Remove and dispose of existing rooftop heat pump unit. Page 64 of 100 Item 11. - 110 HB -436- Law • Replace existing ductwork with insulated duct. • Install new Heat Pump Unit with outside air capability. • Commission system for proper airflow. Energy and Water Conservation Measures ECM Benefits This ECM will: • Reduce building energy use. • Improve building cooling system reliability and occupant comfort. • Increase cooling system efficiency. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this HVAC upgrade. As these HVAC units are beyond their expected useful lives, operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-14: HVAC Retrofits at Lake Electric Consumption SaHngs (kWh) and Gothard Fire Stations 6,690 Electric Demand Swings (kW) 0 Natural Gas Swings (therms) 55 Total Annual Cost Sw ngs ($) $844 TOTAL PROJECT COST $80,172 SIMPLE PAYBACK (yrs) 95.0 RETURN ON INVESTMENT* -81% ` ROI based on 15 year lifecycle Existing Conditions ECM-15: Community Centers Page 65 of 100 HB -437- Item II.- Ill Energy and Water Conservation Measures z The community centers analyzed as part of the IGA were the City Gym, Edison Community Center, Murdy Community Center, Rogers Senior's Center and the Sports Field. The City Gym provides recreational services for the city. This facility has a variety of offerings for the community including a large gymnasium and indoor swimming pool with locker room facilities, game rooms, Conference rooms and kitchen facilities. The interior space is heated by hot water fan coil units on the roof. Dehumidification is provided for the pool area. The pool is currently heated by a boiler that is approximately 8 years old. This boiler has in recent years proven to be problematic' and has required outside sources to be called for maintenance. The Edison and Murdy Community Centers are nearly identical buildings that provide spaces for special purposes such as day care, dance classes, meeting space, etc. Heating and air conditioning to these spaces is provided by gas furnaces with air conditioning coils that are approximately 10 years old. The air conditioning coils are served by outdoor condensing units. Each furnace unit is controlled by a programmable thermostat which is locked to prevent tampering by personnel or visitors. Rogers Senior's Center provides meeting and recreation rooms for senior citizens. The facility is provided with heating and does not have air conditioning. Heating is provided by multiple gas furnaces located in the attic of the building. These units are controlled by simple thermostats in the zones they serve. The facilities maintenance personnel enable the furnace based on the weather. The unit is typically enabled in October and disabled in May. ECM Description The Measures explored for the community centers are as follows: City Gym Boiler • Option A -Replace swimming pool hot water boiler: The existing pool heater is approximately 8 years old and has experience some ongoing maintenance issues in the past few years. Boilers in the commercial pool environment have an expected useful life of approximately 10 years when maintained properly. This boiler is toward the end of its useful life, making it a good candidate for replacement. In addition the indoor pool has problems with chloramines. Installation of a UV sanitation system will be effective in reducing chloramines and bacteria. Page 66 of 100 Item 11. - 112 HB -438- Energy and Water Conservation Measures • Option B — Hire a company on an annual contract basis to perform weekly required maintenance on the boiler and water quality equipment: Hiring a company to perform routine maintenance, maintain water quality, and take ownership responsibility for equipment is an alternative that was explored to boiler replacement. This option was determined that the cost to outsource pool maintenance to include water quality, responsibility and ownership of the boiler is cost prohibitive. This in conjunction with the fact that the City's staff performs the majority of the routine maintenance, would lead AECOM to not recommended this option Murdy and Edison Community Centers The HVAC equipment serving these centers appears to be in good working order. It is estimated that the City can expect 3 to 5 years of remaining useful life. It is recommended that these buildings receive internet based programmable thermostats. This option is included in (ECM-16). Rogers Senior's Center It is recommended that the gas furnaces at Rogers Senior's Center be replaced as they are beyond their expected useful life. Some energy savings will be realized as new units will be more efficient than the existing. Sports Field The restrooms at the sports field are always lighted. The fixtures are 70 watt high pressure sodium fixtures. The fixtures should be replaced by compact fluorescent fixtures at 26 watts. ECM Scope of Work City Gym Option —A • Remove and dispose of existing 500,000 BTU/hr boiler and circulating pump. • Install new 500,000 BTU/hr boiler and dedicated circulating pump. • Set up and commissioning of heater including calibration of temperature sensors and safeties. • Installation of an Ultraviolet light sanitation system. Option —B Upon further research, it was determined that a full service contract would be Page 67 of 100 HB -439- Item 11. - 113 Energy and Water Conservation Measures cost prohibitive and we do not recommend this option. Murdy and Edison Community r:.,iters • Add internet based programmable thermostats. This is described and included in ECM-16 Rogers Community Center • Remove and dispose of four (4) existing gas fired furnaces. • Inspect ductwork and make repairs as necessary. • Relocate thermostat in storage room. • Install new gas furnaces. • Install new programmable thermostats. Sports Field • Remove eighteen (18) existing High Pressure Sodium Light fixtures and replace with 26 watt compact fluorescent fixtures. ECM Benefits This ECM will: Replace aging equipment that may fail and cause downtime. • Reduce energy use for pool heating. • Reduce energy use for space heating. ECM Savings The proposed replacement will create savings by increasing the efficiency of the pool water heating system, increasing the heating efficiency at Rogers Senior's Center and reducing the lighting energy at the Sports Field. Page 68 of 100 Item 11. - 114 HB -440- i�i Energy and Water Conservation Measures ECM-15: Community Centers Combined Project Electric Consumption Smings (kWh) 7,726 Electric Demand Sa\ings (kW) 1 Natural Gas Sa\ings (therms) 1,567 Total Annual Cost SaNngs ($) $2,102 TOTAL PROJECT COST $79,974 SIMPLE PAYBACK (yrs) 38.0 RETURN ON INVESTMENT* -53% ' ROI based on 10 year lifecycle ECM-16: Install Internet Capable T-stats in City Buildings Existing Conditions In many of the smaller city buildings where it is not practical to incorporate an energy management and control system, the HVAC systems are controlled by stand alone programmable thermostats. In some cases, these thermostats are locked to prevent tampering and adjustment by the general public or site personnel. In order to adjust set -points or schedules, Public Works personnel have to physically go to the site. In other cases, the building personnel have access to the thermostats and make adjustments as they see fit. Site observations revealed that, there are many different set -points and schedules incorporated that do not optimize the operation of the HVAC equipment, which can lead to excess energy consumption. ECM Description To eliminate the inconsistencies in temperature control and reduce manpower required to make adjustment for comfort conditions, it is recommended that internet based thermostats are installed at all building with package HVAC systems. Internet based thermostats act as simple thermostats, controlling fan coil units and packaged air conditioning units. They provide the added ability to communicate over the internet to a common host computer. From a remote location set -points and schedules can be monitored and modified. Page 69 of 100 HB -441- Item 11. - 115 FE3i It is also recommended that the City adopt a standard set point of 74 deg F for cooling and 70 Deg F for heating which are well within the human comfort standards, as defined by the American Society of Heating Refrigeration and Air Conditioning Engineers( ASHRAE) This ECM includes the following buildings: • Murdy Community Center • Edison Community Center • Lifeguard Headquarters • Junior Lifeguard Headquarters ECM Scope of Work Energy and Water Conservation Measures • Replace existing thermostats with thermostats with internet communication ability. • Install network connections to buildings LAN system to provide internet access. Note: It is assumed that the locations listed have infrastructure available for interned communication ECM Benefits & Savings Because the units can be remotely monitored and programmed from a single location, there is a benefit of energy savings and maintenance savings as well. A service tech can reprogram and even troubleshoot any unit connected to this system from a single location. This reduces travel time as well as vehicle use. Set -points can also be standardized throughout the city facilities, providing a consistent indoor environment for all buildings connected to the system. ECM Savings LThe proposed measure will create savings by reducing the run time of HVAC Page 70 of 100 Item 11. - 116 HB -442- W Energy and Water Conservation Measures equipment at the Community Centers and the Lifeguard Headquarters. As an example, a single zone 5 ton unit will be used. Assuming a cooling set -point of 720F and a typical schedule of 10 hours per day, Monday through Friday as the baseline and increasing the cooling set -point to 740F which will reduce cooling energy use by 10%. Scheduling will be able to reduce operating hours by 15%. The annual energy savings for this typical unit is calculated below. Sample Calculation The fan provides 2,000 CFM and is rated at 1 horsepower Fan Energy Savings = 1 (HP) x .746 (kW/HP) x 0.75 (efficiency) x 2600 hrs x 15% _ 218 kWh Cooling Energy Savings 5 tons x 1 (kW/ton) x 300 (eq full load hours) x 10% = 150 kWh The total savings would be 368 kWh, which will produce a savings of $44 per unit Included in this measure are the 35 units serving the buildings listed above. The estimated savings for these units are shown below. ECM-16: Install Internet Capable Electric Consumption Swings (kWh) T-stats in City Buildings 8,972 Electric Demand SaHngs (kW) 0 Natural Gas SaNngs (therms) 0 Total Annual Cost SaHngs ($) $1,077 TOTAL PROJECT COST $37,199 SIMPLE PAYBACK (yrs) 34.6 RETURN ON INVESTMENT* -48% * ROI based on 15 year lifecycle 6.4 Other ECMs to Consider The following section provides the details of energy conservation opportunities identified and investigated during this IGA. This group of ECMs in not included as part of the recommended ECM package as they do not meet the City's current financial goals. Page 71 of 100 HB -443- Item 11. - 117 Energy and Water Conservation Measures Central Library Chilled Water System Retrofit Existing Conditions The Central Library has one existing, chilled water (CHW) plant that serves the cooling loads in the main library building. The Library Addition which was constructed in the early 1990's has packaged DX cooling systems that are not connected to the CHW system. The 250-ton chilled water plant serves four large multi -zone AHUs and two fan coil units in the main library. The chiller plant is located in a mechanical room in the north -central area of the basement level. The existing CHW system is configured and operated with constant primary CHW flow and _ variable secondary CHW flow. The chiller plant _ consists of one 250-ton water-cooled York screw - S chiller that was installed in 2001 with constant speed compressor, a single 10hp constant flow primary pump, and one 15hp secondary CHW pump equipped with a VFD. The CDW system consists of one 20hp constant speed CDW pump and a new, single -cell Evapco cooling tower with 10hp variable speed fan which are located on parking area level just north of the building. The plant is controlled and monitored by the existing Andover EMCS. The CHW plant is called to operate based on the scheduled operation of the AHUs in the main library which amounts to approximately 4,420 hours per year. During the investigation of the CHW system, the following key findings were identified • The secondary CHW (SCHW) temperature difference (AT) between supply and return is typically very low. This is indicates a high level of bypass CHW supply to return in the secondary system which increases SCHW pump energy and ultimately affects the chiller power required. There is still a large existing 3-way CHW control valve with open bypass at AH-1 on the roof and potentially two 3-way CHW control valves at the fan coil units that are contributing to this situation. • The primary CHW (PCHW) AT was typically less than 2.OoF which is very low. This low PCHW AT causes the chillers to use more energy and is the result of the low SCHW AT and the constant PCHW flow system currently in place. • Due to the operation of the Library until 9:OOPM several days per week, there is a fair amount of low load operation. The current chiller and configuration of the chiller plant do not operate efficiently at low Page 72 of 100 Item 11. - 118 HB -444- Energy and Water Conservation Measures loads. We found that the CHW pumps, CDW pump and cooling tower fan consistently draw approximately 35 kW, so at a load of 35 tons, this equipment alone contributes 1.0 kW/ton to the plant efficiency without considering the chiller compressor power. ECM Description The focus of this ECM is to reduce the energy consumption of the building's existing chilled water (CHW) system and improve the performance and reliability of the system. In general this will be accomplished by: • Improving the design, efficiency and operation of the Library's CHW system. • Providing new systems, equipment and controls that have proven performance and reliability. This ECM will primarily involve upgrading the Library chiller plant equipment and controls as well as eliminating CHW bypass in the secondary distribution system. The main features of this ECM include: • Replace the existing 250-ton chiller with one (1) 250-ton high - efficiency, oil -less chiller utilizing multiple variable -speed Turbocor compressors. • Conversion of the CHW pumping system to variable primary flow. • Conversion of the condenser water system (CDW) to variable flow. • CHW plant automation system upgrades that will provide control and monitoring of the chiller plant using advanced strategies that minimize energy use of the CHW system. • Conversion of the remaining 3-way CHW control valves to 2-way. • Replacement of the existing CHW differential pressure sensor. ECM Scope of Work Provide the required materials and labor to implement the proposed modifications described for this ECM including: 1) Engineering and construction documents. 2) Procurement of required City of Huntington Beach building permits. 3) Demolition a) Remove one (1) existing York water-cooled screw chiller (CH-1) in the Main Library chiller plant. b) Remove existing starter for CH-1. The existing line -side and load -side conductors will be re -used with the new chiller. c) Disconnect the existing EMCS for CH-1 as needed to remove CH-1 and install Page 73 of 100 HB -445- Item 11. - 119 Fe. Energy and Water Conservation Measures the new chiller. Existing EMCS conduit and wire will be reused to the extent practical for the new chiller. d) Remove one (1) existing primary CHW pump, related piping, electrical feeder and related CHW pump controls. e) Remove (1) existing CDW pump in the cooling tower yard, related piping, electrical feeder and related CDW pump controls. 5) New Work a) Provide one (1) new high -efficiency, 250-ton SMARDT water-cooled chiller with Turbocor compressors on the existing concrete pad. The chiller will include: i) Performance: LCHWT = 44oF, LCHWT = 54oF, ECDWT = 85oF, LCDWT = 95oF, and rated IPLV of approximately 0.36 kW/ton. ii) 2nd through 5th year extended compressor parts only warranty. iii) Configuration for variable CHW and CDW flow. iv) Modbus or BACNet communications interface. v) R-134a refrigerant. vi) SMARDT supervised start-up. vii) Single -point power connection with fused disconnect. b) Modify the existing primary CHW piping and CDW piping in the chiller room for connection to the new chiller. New CHW and CDW piping will be schedule 40 steel with grooved (Victaulic type) joints. c) Provide new CHW bypass piping with bypass control valve in the chiller room. The new CHW piping will be schedule 40 steel with grooved (Victaulic type) joints. d) Provide one (1) new Bell & Gossett, series 1510 base -mounted CDW pump with an inverter -duty, 480V 3-phase motor (approximately 20hp). e) Modify the existing CDW piping in the chiller room for connection to the new CDW pump. The new CDW piping will be schedule 40 steel with grooved (Victaulic type) joints. f) Provide one (1) new 20 hp ABB ACH-550 VFD with electronic bypass for the new CDWP. Provide EMCS controls for the new VFD. g) Provide one (1) new 6 inch, inline, magnetic flow meter for primary CHW flow measurement. Integrate the meter output with the EMCS (1 AO). h) Replace one (1) 3-way CHW control valve at AH-2 with one (1) new 2-way control valve. Remove and cap the bypass piping. i) CHW Plant Controls i) Provide cne (1) new gateway for the communication with the new chiller, and integrate the gateway with the existing EMCS. ii) Provide three (3) new CHW temperature sensors in the chiller room. iii) Provide one (1) new CHW differential pressure sensor in the existing location at AH-1. iv) Provide EMCS controls for the new chiller including start/stop (1 DO), run status (1 DI), alarm (1 DI) and CHW temperature reset (1 AO). v) Provide new CHW plant sequencing to minimize energy consumption Page 74 of 100 Item 11. - 120 FIB -446- F[ including: (1) Variable primary CHW flow strategies. (2) Variable CDW flow strategies. (3) CHW temperature reset. (4) CDW temperature reset. ECM Benefits Energy and Water Conservation Measures • Improved central cooling plant efficiency. Reduction in overall operations and maintenance costs. • Quieter system operation, as the Turbocor compressors are much quieter than the existing reciprocating compressors. • Improved system redundancy with the interconnected plants. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this chilled water system retrofit. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. ECM-6: Central Library Chilled Electric Consumption Sa\,ings (kWh) Water System Retrofit 159,569 Electric Demand Sa\ings (kW) 0 Natural Gas Satings (therms) 0 Total Annual Cost Saings ($) $19,675 TOTAL PROJECT COST $524,498 SIMPLE PAYBACK (yrs) 26.7 RETURN ON INVESTMENT' -33% `ROI based on 15 year lifecycle The displayed costs are budgets and the energy savings are for analysis purposes only. If the City chooses to move forward with this ECM. A detailed estimate and savings analysis will need to be conducted. Page 75 of 100 HB -447- Item 11. - 121 Energy and Water Conservation Measures Central Library Expansion HVAC Retrofit Existing Conditions An expansion to the Central Library was completed in the mid 1990s. Conditioned air for this library expansion is provided by rooftop gas/electric HVAC units. There are a total of 8 units ((AC-1 thru AC-8) serving various areas of the expansion. Five of these units are constant volume single zone units. The remaining three units are variable air volume (VAV), VVT systems serving multiple zones. The fans for these units are not equipped with VFDs to control supply fan speed. Two of the VAV units have zone hot water reheat coil. Heating hot water for these zone reheat coils is provided by a natural gas boiler located in a ground floor. These units are requiring increased maintenance attention from City personnel and one of the VVT units ( AC-7 ) was replaced in 2007. Predicted useful life for rooftop packaged HVAC equipment is 15 years. It is AECOMs opinion that these units are near or in some cases have exceeded their useful life. ECM Description Due to the age of the existing equipment, unit replacement (excluding AC-7) is recommended Unit replacement will include : • Removal and proper disposal of the seven existing rooftop units. • Install new packaged A/C units on the roof of the existing building on the new roof curbs. • Install new condensate piping from each new unit to existing roof drains. Condensate piping shall be copper and secured to prevent damage. • The new package units shall meet or exceed the California Title-24 efficiency requirements and shall have the following features: o VFDs on the VAV units o High efficiency scroll compressors Page 76 of 100 Item 11. - 122 HB -448- W o Outside air economizers Energy and Water Conservation Measures • Provide field startup and commissioning by factory trained personnel ECM Benefits & Savings This measure would not be recommended as an energy savings measure alone but rather a capital improvement project. The following table is a summary of the energy based savings for the replacing seven HVAC units with new more efficient units. Operation and maintenance savings are also significant benefits to be considered however, they are not factored into the economic analysis. Central Library Electdc Consumption Sa�ings (kWh) ExpansionECM-9: 37,188 Electdc Demand Sa\ings (kW) 0 Natural Gas Swings (therms) 2,186 Total Annual Cost SaNngs ($) $6,225 TOTAL PROJECT COST $457,125 SIMPLE PAYBACK (yrs) 73.4 RETURN ON INVESTMENT* -76% * ROI based on 15 year lifecycle The displayed costs are budgets and the energy savings are based on an estimated 10% efficiency increase and are for analysis purposes only. If the City chooses to move forward with this ECM. A detailed estimate and savings analysis will need to be conducted. Lifeguard and JR Lifeguard HQ Lighting Retrofit Existing Conditions The Vincent G. Moorhouse Lifeguard Headquarters was built approximately 7 years ago. The Building serves as observation and administration headquarters for the Marine Safety Department. The building is occupied year round but the intensity of occupation varies seasonally. The Jr. Lifeguard Headquarters was constructed around the same time. These facilities are occupied primarily in the summer but are available year round. The lighting system consists of T8 Fluorescent fixtures utilizing 32 watt lamps. The Page 77 of 100 HB -449- Item 11. - 123 Nei Energy and Water Conservation Measures majority of these fixtures are either 2 or 3 lamp fixtures in ceiling mounted or T-Bar Drop in fixtures. ECM Description This measure will retrofit the existing linear fluorescent fixtures using lower wattage lamps and ballasts. ECM Scope of Work • Retrofit Existing 32 Watt Linear Fluorescent Lighting Fixtures with 25 Watt Lamps and high efficiency ballasts. Properly dispose of the existing lamps and ballasts. • Retrofit details are provided in the Appendix of this report. ECM Benefits • Reduce the energy used to provide lighting to the building but will still provide adequate lighting levels. • As the existing fixtures are almost 8 years old, the lamps are reaching the end of their useful life. Replacement at this time in conjunction with ballast replacement will provide the extra benefit of reduced maintenance costs associated with lamp replacement for failure. ECM Savings The following table is a summary of the cost versus energy savings analysis for the completion of this lighting retrofit. ECM-12: Lifeguard and JR Lifeguard Electric Consumption Savings (kWh) HO Lighting Retrofit 7,301 Electric Demand Savings (kW) 3 Natural Gas Savings (therms) 0 Total Annual Cost Savings ($) $876 TOTAL PROJECT COST $17,273 SIMPLE PAYBACK (yrs) 19.7 RETURN ON INVESTMENT (0.43) - nvi Dasea on a iu year inecyae Page 78 of 100 Item 11. - 124 HB -450- W Solar Powered Irrigation Systems Existing Conditions Energy and Water Conservation Measures As described in the utility section of this report, approximately 120 SCE electric accounts did not consume any electricity in the last year and yet have resulted in $30,000 to $35,000 of annual SCE account and meter fees to the City. It is understood that a majority of these accounts/meters are utilized solely for irrigation controllers. At a cost to the City of approximately $280.00 annually per meter, alternative power sources for irrigation controllers would eliminate the need for many of these accounts. ECM Description Investigate the zero use meters and for those identified as being utilized for irrigation controllers only consider the following: Solar irrigation systems • Add a solar powered irrigation controller with vandal proof controller • Retrofit the valve actuators controlled by the identified system • Cancel the utility account ECM Benefits This ECM will: • Reduce the account fees paid to SCE Note to AECOM: Public Works is investigating we may use some future years of EEC revenue to pursue. Alternatively debt financing may make sense to provide PW $1500-2000 per site to close the electric accounts. ECM Cost and Savings An example of replacement cost for a irrigation system with a controller and 10 stations would be approximately $ 2500 for material. This would include the sol J Page 79 of 100 HB-451- Item 11. - 125 Energy and Water Conservation Measures components, irrigation controller, ten DC valve solenoids, vandal proof enclosure and mounting post. To minimize the cost of the ECM it is recommended that the city parks and recreation staff perform the installation. Page 80 of 100 Item 11. - 126 HB -452- W 7.0 Cost and Benefit Analysis 7.1 Detailed Project Costs Overview Cost Benefit Analysis This section provides a detailed cost estimate for each recommended ECM. These costs represent guaranteed maximum prices based on the information compiled during building walk downs, discussions with facility personnel, and plan reviews. The following definitions of the various line items included in the cost estimates are provided for clarity. Material & Labor Costs This item represents all costs for the purchase, delivery, and installation of the recommended ECM. These costs and associated AECOM fees will be invoiced directly to the city. Engineering Costs This fee is for providing construction documents, field engineering, measurement and verification for all applicable ECMs. These services will include some or all of the following items depending on the requirements of the specific ECM; design drawings, submittals, incentive applications, permitting, engineering analysis, measurement and verification, and other engineering services as required. Construction Management Costs This fee is for providing complete on -site construction management for all ECMs; including oversight of entire project scope and all sub -contractors and sub -consultants hired by AECOM. We will provide construction management personnel throughout the duration of the project and services will include schedule and budget management, progress meetings and reports, coordination with city personnel, and working with city personnel to minimize disruption to the occupants during construction. Commissioning This is the AECOM fee for commissioning of all ECMs following installation to ensure compliance with the design for systems and equipment operation. This includes equipment and other testing as required and submittal of a final commissioning report. Page 81 of 100 xB -453- Item 11. - 127 ill Overhead Cost Benefit Analysis This percentage covers AECOM general administrative costs, legal expenses, marketing costs, internal reviews and executive management support. Profit This is AECOM's profit for implementing the project. Schedule & Performance Risk Value This value is defined as the amount of our profit which will be held in arrears and distributed once project schedule and project savings have been achieved. ECM Cost Calculation The total cost for each ECM is calculated using the following formula. Total ECM Cost = [(Material & Labor CostECM_x) x (Contingency)] * (AECOM Total Fee) Note: Contingency = 5-10% depending on the measure type Table 7.1 Summary of AECOM's typical fee range for this project. ComponentFee Overhead and Profit 10% Design 9% to 15% Construction Management 8% Commissioning 5% Schedule and Performance Risk 6% Subtotal 38.00%-44.00% Page 82 of 100 Item 11. - 128 HB -454- Cost Benefit Analysis Tables 7.2 thru 7.18 provide a cost estimate summary for each ECM. Figure 7.2 ECM-1 Cost Summary Server Vitualization and Computer Room HVAC Upgrade Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 143,065.50 Contingency 5.00% $ 7,154.28 Mark-up% Mark-up of Project Costs and Contingency 44.00% $ 66,105.50 Total Price $ 216,345.28 AECOM Mark-up Schedule Mark-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Markup Percentage 10% $ Value 15,023.98 15% $ 22.535.97 80% $ 12,019.18 5% $ 7,511.99 6% $ 9,014.39 44% $ 66,105,50 Figure 7.3 ECM-2 Cost Summary Chilled Water System Project Costs Upgrade DescriptionItem Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 742,359.75 Contingency $ 74,235.98 Mark-up% Total Price Mark-up of Project Costs and Contingency $ 310,306.38 $ 1,126, 002.10 AECOM Mark-up Schedule Value Mark-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10% 1$ 81,659.57 9% $ 73,493.62 8°/u $ 65,327.66 5% $ 40,829.79 6% $ 48,995.74 38% $ 310,306.38 Page 83 of 100 xs -455- Item 11. - 129 Rebates, Grants and Incentives Figure 7.4 ECM-3 Cost Summary AMU Controls and Sequence Upgrades Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. _„ $ 244,921.88 Contingency 10.000/ $ 24,492.19 Mark-up% Mark-up of Project Costs and Contingency 44.0% $ 118,542.19, Total Price $ 387,956.25 AECOM Mark-up Schedule Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up 10% $ 26,941.41 15% $ 40,412.11 8% $ 21,553.13 5% $ 13,470.70 6% $ 16,164.84 44% $ 118,542.19 Figure 7.5 ECM-4 Cost Summary Lighting Upgrades Project Costs IF Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 125,145.00 Contingency 5.00% $ 6,257.25 Mark-up% Mark-up of Project Costs and Contingency 34.0°h $ 44,676.77 Total Price $ 176.079.O2 AECOM Mark-up Schedule ��rk-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10% $ Value 13,140.23 5% $ 6,570.11 8% $ 10,512.18 5% $ 6,570.11 6% $ 7,884.14 34% $ 44,676.77 Page 84 of 100 Item 11. - 130 xB -456- Rebates, Grants and Incentives Figure 7.6 ECM-5 Cost Summary Library Lighting Upgrades Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 165,088.00 Contingency 5.00% $ 8,253.40 Mark-up% Mark-up of Project Costs and Contingency 340°l0 $ 58,929.28 Total Price $ 232,250.68 AECOM Mark-up Schedule Value Mark-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10% $ 17,332.14 5% $ 8,666.07 8% $ 13,865.71 59/6 $ 8,666.07 6% $ 10,399.28 34% $ 58,929.28 Figure 7.8 ECM-7 Cost Summary Main Library HVAC, Controls and Sequence Upgrades Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. - $ 136,866.60 Contingency 10.00% $ 13,686.66 y Mark-up% Mark-up of Project Costs and Contingency 44; $ 66,243.43 Total Price -- $ 216,796.69 AECOM Mark-up Schedule Not Value MaA41P OKerhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10°k $ 15,055.33 15% $ 22,582.99 8% $ 12,044.26 5% $ 7,527.66 6% $ 9,033.20 44% $ 66,243.43 Page 85 of 100 HB -457- Item 11. - 131 Rebates, Grants and Incentives Figure 7.9 ECM-8 Cost Summary Library Addition Controls Upgrades Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 130,122.50 Contingency 5.00% $ 6,506.13 Mark-up% Mark-up of Project Costs and Contingency 38.0% $ 51,918.88 Total Price $ 188,547.50 All Markup Schedule Mark-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up 100u $ 13,662.86 9% $ 12,296.58 8% $ 10,930.29 5% $ 6,831.43 6% $ 8.197.72 38% $ 51,918.8E Figure 7.11 ECM-10 Cost Summary Downsize Theater Project Costs Transformer Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 14,800.00 Contingency ' 5.00% $ 740.00 Mark-up% Mark-up of Project Costs and Contingency 38.0% $ 5,905.20 Total Price $ 21,445.20 AECOM Mark-up Schedule im Mark-up Item Oterhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10'. Value $ 1,554.00 9% $ 1,398.60 8% $ 1,243.20 5% $ 777.00 6% $ 932.40 38% $ 5,905.20 Page 86 of 100 Item 11. - 132 HB -458- Rebates, Grants and Incentives Figure 7.12 ECM-11 Cost Summary Pier and Beach Front Lighting Upgrades Project Costs Material costs only . HB staff will purchase mateial and perform installation. $ 290 640 00 Contingency 0.00% $ - Mark-up% Mark-up of Project Costs and Contingency 0.0% $ - Total Price ':.. $ 290,640.00 Figure 7.14 ECM-13 Cost Summary Lifeguard HQ IT Room HVAC Upgrades Project Costs Poject implementation costs excluding design, pmject and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 10,400.00 Contingency 5.00% $ 520.00 Mark-up% Mark-up of Project Costs and Contingency 39.0% $ 4,258.80 Al Total Price $ 15,178.80 AECOM Mark-up Schedule _ T _. Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up 10% $ 1,092.00 10% $ 1,092.00 8% $ 873.60 5% $ 546.00 6% $ 655.20 39% $ 4,258.80 Page 87 of 100 HB -459- Item 11. - 133 w Figure 7.15 ECM-14 Cost Summary Rebates, Grants and Incentives Fire Station HVAC Upgrades and Other Measures Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. _ $ 55,328.99 Contingency 5.00% $ 2,766.46 Mark-up% Mark-up of Project Costs and Contingency 38.0% - $ 22,076.27 Total Price $ 80.171.70 AECOM Markup Schedule Mark-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10% Value $ 5,809.54 9% $ 5,228.59 8% $ 4,647.63 5% $ 2,904.77 6% $ 3,485.73 38% $ 22,076.27 Figure 7.16 ECM-15a Cost Summary Rogers Senior Center Furnace Replacment Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 17,850.00 Contingency $ 892.50 Mark-up% Mark-up of Project Costs and Contingency $ 7,122.15 Total Price $ 25, 664.65 AECOM Mark-up Schedule Mark-up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10% $ Value 1,874.25 9% $ 1,686.83 8% $ 1,499.40 5% $ 937.13 6% $ 1,124.55 38% $ 7,122.15 Page 88 of 100 Item 11. - 134 HB -460- Rebates, Grants and Incentives Figure 7.17 ECM-15b Cost Summary Pool heating system upgrade Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $'�2'� Contingency 5.00% $ 1,732.14 Mark-up% Mark-up of Project Costs and Contingency 38.0% $ 13,822.49 Total Price ---- $ 50,197.45 AECOM Mark-up Schedule Percentage val� Mark�up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up 10°h $ 3,637.50 9°h $ 3,273.75 8°% $ 2,910.00 5°h $ 1,818.75 6% $ 2,182.50 38% $ 13,822.49 Figure 7.18 ECM-15c Cost Summary Sports Complex Restroom Lighting Upgrade Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ rimil 2,700.00 Contingency $ 135.00 Mark-up% Mark-up of Project Costs and Contingency 38.0% $ 1,077.30 Total Price S 3.94930 AECOM Mark-up Schedule Mark�up Item Overhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up Percentage 10% 9% 8% 5% 6% 38% $ 283.50 $ 255.15 $ 226.80 $ 141.75 $ 170.10 $ 1,077.30 Page 89 of 100 xB -461- Item 11. - 135 Rebates, Grants and Incentives Figure 7.19 ECM-16 Cost Summary Upgrade Thermostats to Programmable Internet Enabled Thermostats Project Costs Project implementation costs excluding design, project and construction management, commissioning, contingency, bonds and AECOM mark-up. $ 25,672.19 Contingency 5.00% $ 1,293.61 Mark-up% I Mark-up of Project Costs and Contingency 38.0% $ 10,243.20 Total Price $ 37,199.00 AECOM Mark-up Schedule ffiark�up Item Owrhead & Profit Design Construction Management Commissioning Schedule & Performance Risk Total Mark-up 10% 1$ 2,695.58 9% $ 2,426.02 8% $ 2,156.46 5% $ 1,347.79 6% $ 1,617.35 38% $ 10,243.20 Page 90 of 100 Item 11. - 136 11B -462- Rebates, Grants and Incentives MIMGMx.IMX C411p 8.0 Project Rebates, Grants, and Incentives Many federal, state and local utility programs exist to motivate and encourage commercial, municipal and federal entities to implement energy and water conservation measures. These programs take many forms including grants, rebates, tax credits and performance based incentive programs. Each type of program has its own requirements which vary from the preparation of simple forms and providing purchasing documentation to very rigorous documentation, data collection and analysis efforts where the programs are "pay -for -performance" type. 8.1 Administering Incentive Programs Incentives paid through programs administered by California's investor owned utilities (IOUs) and paid from Public Good Funds collected from California utility rate payers have been a vital part of the California energy retrofit landscape for many years. AECOM has secured more than $30 million in utility incentives for our turnkey generation and efficiency project customers in the last 6 years and AECOM is currently participating with all three California IOU incentive programs. Because of our strong in-house engineering expertise, we are viewed by the utilities as a partner in the effective use of public benefits funds. We are very familiar with the technical as well as administrative requirements of California's utility rebate programs available to the City of Huntington Beach. Our experience will allow us quickly and efficiently navigate program requirements minimizing rebate turnaround times. AECOM has been working closely with Holly Merrihew, Huntington Beach's Customer Representative, over the past three months identifying appropriate programs and securing on -bill financing as development work on this project has progressed. Our objective was to identify the SCE incentive program(s) appropriate to the measures developed and proposed in this IGA and that will provide the most value and benefit to Huntington Beach. 8.2 Southern California Edison Standard Performance Contract Program and Partnership Program SCE has offered coordinated versions of performance based incentive programs for the past 13 years. The current version of this program at Southern California Edison is called the Standard Performance Contract Program (SPC). An extension and enhancement to this program for local municipal customers is called the Orange County Cities Energy Leader Partnership Program which includes the City of Huntington Beach and a few surrounding Cities. The City, due to its energy saving efforts has currently qualified for "silver "status and plans to soon qualify for "gold" status. Each level of status provides the city with a $.03 added incentive over the standard incentive rates. Currently with a "silver" status the City is paid $.11 per kWh saved for Lighting measures and $.21 per kWh saved for HVAC related measures. The City is expected Page 91 of 100 HB -463- Item 11. - 137 Rebates, Grants and Incentives to obtain 'gold" status. When this happens the incentives paid will be $.14 per kWh saved for Lighting measures and $.24 per kWh saved for HVAC related measures. This program and the inclusion of the benefits of the partnership program pay incentives to customers who install high efficiency systems and components which save electricity and natural gas. The incentives from this program for the average customer can be significant covering between 10 and 30% percent of the installation cost of a measure. To qualify for these incentive funds the customer must meet the program requirements which include an application, energy savings calculations, pre and post -retrofit inspections and a varying amount of measurement and verification (M&V) to validate the savings achieved. The amount of M&V required will vary depending on the complexity and savings of the measure. Table 8.1 below illustrates the estimated incentive for each ECM under the current program's incentive rates. Page 92 of 100 Item 11. - 138 HB -464- Rebates, Grants and Incentives Table 8.1 Estimated SCE Incentives bX Measure Building DescriptionECIVI Electric DemandIncentive herin Server Virtualization and 1 Civic Center Computer Room HVAC 90,047 6 $16,208 Upgrade Chilled Water System 2 Civic Center Upgrade 513,599 $123,264 AHU Controls and Sequence 3 Civic Center Upgrades 247,909 23, 351 $67,975 4 Civic Center Lighting Upgrades 208,526 58.1 $29,194 5 Central Library Lighting Upgrades 331,899 92.8 $46,466 7 Central Library Main Library HVAC, Controls and Sequence Upgrades 105,490 9,681 $28,137 8 Central Library Library Addition Controls Upgrades 113,562 3,385 $23,826 10 Central Library Downsize Theater Transformer 21,900 3 $3,942 11 NIA Pier and Beach Front Lighting Upgrades 197,384 15.3 $27,913 13 Lifeguard HQ IT Room HVAC Upgrades 3,942 $710 Gothard & Lake HVAC Upgrades and Other 6,690 14 Fire Stations Measures 55 $1,661 15a Rodgers Senior Center Replace Furnaces 255 $246 15b City Gym Pool heating system upgrade 1,000 $1,000 15c Sports Complex Restroom Lighting Upgrade 7,726 $1,082 Upgrade Thermostats with Communicating 16 Multiple Programmable Internet 8 240 $2,153 Thermostats (Edison, Murdy, etc.) Total $373,776' 'The incentive rates displayed are calculated with the assumption the City will qualify for SCE "gold" partnership rate before incentive applications are submitted. Page 93 of 100 HB -465- Item 11. - 139 Measurement and Verification xxNGON !{Kx C 41iO.N 9.0 Measurement and Verification AECOM plans to measure and verify the energy savings arising from the energy measures installed under this IGA using procedures and protocols consistent with the FEMP publication M&V Guidelines: Measurement and Verification for Federal Energy Projects — Version 3.0 and the 2007 International Measurement and Verification Protocol as published and maintained by the Efficiency Valuation Organization and published at www.evo-world.org. These documents set forth concepts for determining and reporting energy, water, and operations and maintenance savings for performance based energy projects. The protocols identify four general approaches to verifying energy savings, Option A, B, C, and D. The choice of the appropriate methodology to use for a specific ECM or group of ECMs is based on many considerations including, available data in the baseline period, the amount of the energy savings expected for the ECM, the level of ECM interaction with other proposed ECMs, the confidence of the project team in the functioning and performance of the ECM, the cost of M&V, and many other factors. Option A — Retrofit Isolation: Key Parameter Measurement The Option A protocol calls for the use of key energy measurement parameters to determine the baseline and reporting period performance. It requires confirmation that the proper equipment components or systems have been installed and are operating correctly and in a way to generate the predicted savings. To determine the appropriate requirements, AECOM conducted surveys and/or inspections, took spot measurements, collected trending information, developed engineering calculations, and determined factors to be stipulated for certain measures. Option B Protocol — Retrofit Isolation: All Parameter Measurement For the Option B verification approach, savings are determined by measurement of the energy use of the ECM affected system. Measurement frequency and duration can vary from one-time and short-term to continuous metering depending on the expected variations in system operation and the resulting system savings. Option B M&V involves: 1. Confirming that each ECM's equipment / systems were properly installed and commissioned. 2. Installing and calibrating proper metering equipment. 3. Determining an energy savings value using measured meter data taken throughout the agreed measurement period. There are instances where regression techniques are applied in Option B analysis to characterize the variation of an energy system throughout a year of operation based on load and system performance data collected during an interval of less than a year. A detailed discussion of regression techniques is included in the discussion of Option C. Option C — Whole Building Data Analysis Page 94 of 100 Item 11. - 140 FIB -466- W Measurement and Verification Option C energy savings verification techniques involve using whole facility energy use data to determine energy savings. Typically this approach is used for ECMs which are highly interactive, difficult to measure separately, and are expected to reduce total facility energy use by more than a minimum fraction of the annual use, typically 10%. This measurement and verification approach requires the use of a mathematical model which adjusts facility energy use for routine and non -routine activities taking place within the boundaries of the facility which impact energy use. Weather, occupancy rates, and hours of facility use are examples of these factors. A least -squares regression method is commonly applied as the mechanism to account for these factors that affect energy consumption and are not constant over time. Regression modeling is a specific statistical technique appropriate for determining energy savings for this project. In general, the procedure for determining energy savings with a regression model is as follows: 1. Collect pre -retrofit data; 2. Tune regression analysis to develop an empirical equation relating consumption to the selected independent variables. A key element of this tuning process is the identification of variables which are statistically relevant and which are not. To establish statistical significance, AECOM typically requires an independent variable be correlated to the dependant energy variable with an absolute T- statistic value greater than 1.5. Once the statistically relevant variables have been identified, AECOM will evaluate the collected pre -retrofit data and relate the dependant variable to the independent variables. The strength of the overall model is measured by a parameter called the correlation coefficient (R2) which ranges in its value between 0 and 1 with 1 representing a perfect correlation. The "RZ"value is a measure of the overall ability of the regression equation to predict outcomes. R2 values of 0.75 and above are considered statistically valid. If the variable is found to have little or no impact on the overall regression fit, the variable will not be considered in the analysis. Some of the meter data points might be manually excluded from the analysis due to anomalous conditions. 3. Develop the appropriate baseline model in the form of an algebraic equation that represents normal facility operational patterns. 4. Collect post -retrofit data. 5. Apply the empirical equation to post -retrofit data to determine what consumption would have occurred had efficiency measures not been completed. 6. Calculate savings by comparing the difference between predicted baseline use and the actual use of the post -installation period. Application of Option C usually requires at least 30 to 60 days of continuous data before retrofit and 30 to 60 days continuous data after the retrofit to insure capturing of a wide enough range of operating conditions. There are two approaches to calculating savings: Page 95 of 100 HB -467- Item 11. - 141 Measurement and Verification 1. A baseline model is defined using regression analysis. The independent variables are input and estimated energy consumption is output. The model results are compared against actual post -installation meter readings to determine savings. 2. If the regression analysis is not applicable, separate engineering models may be proposed that define pre -installation energy use and post -installation energy use with savings equal to the difference between the two. The standard form of a multivariate regression model is: Dep. Variable = (Intercept + Coeff,*X1 + Coeff2*X2 + Coeff3*X3 + Coeff *Xn) Where Intercept Constant calculated by regression analysis Coeffl, 2, 3...n Coefficients calculated by regression analysis X1, 2, 3...n Individual independent variables. Multiplier The factor multiplier is a factor as percentage used to match what the building actually consumed in a pre retrofit metering period. This is represents % deviation from the best -fit line. The multiplier is caused from many different occurrences in the building's operation (i.e. Boiler Downtime) Dep. Variable - Energy System Input / Output. For example, this might represent total cooling plant power consumption or total boiler system steam generation (steam Ibs/day, etc.) Total energy savings is calculated in the final analysis step. Measured and recorded independent variables will be used to predict how much energy the facility would have used had the efficiency measures not been installed. Option D — Calibrated Simulation Application of Option D involves the use of a building simulation software product to prepare an energy use model that predicts facility energy before and after the installation of an ECM. To use the results of such a model it is necessary to calibrate the model to measured whole facility energy use to insure the model is predicting facility energy use adequately. The preparation of a building energy model begins with transcribing building dimensional data into model space to create a virtual structure with the physical characteristics of the original. This includes the reflecting of all wall and window dimensional, physical material properties allowing the model to accurately calculate the resulting facility energy flows. Page 96 of 100 Item 11. - 142 HB -468- N Measurement and Verification It is AECOM's practice to use an hourly model which is publically on the internet. This software package is called E-Quest and is a public domain program built on the building modeling research completed by the Department of Energy. Preliminary Overview of Recommended M&V Approach by ECM Table 9-1 provides a summary of the recommended M&V approach for each ECM. AECOM will work closely with the City of Huntington Beach to finalize the project's M&V plan which will include a detailed description of the planed verification activities including data parameters, data collection duration and intervals, and savings equations. Table 9-1: Recommended M&V Aooroach # ECM Description OptionECM M&V Civic Center Server Room Savings are stipulated based 1 Optimization Option A on verification of proper equipment installation Baseline — Stipulated based on calculation from EMCS Trend analysis 2 Civic Center CHW System Retrofit Hybrid Option B & A y p Retrofit— Measured efficiency of new equipment and comparison of trend and utility data. Baseline — Stipulated based on calculation from EMCS Trend analysis 3 Civic Center HVAC Retrofit Hybrid Option B & A Retrofit — Measured efficiency of new equipment and comparison of trend data. Stipulated based on mutually 4 Civic Center Lighting Retrofit Option A agreed run hours and standard wattages from manufacturer 5 Upgrade Central Library Interior Option A Stipulated based on mutually agreed run hours and standard and Exterior Lighting wattages from manufacturer 7 Central Library HVAC/Controls Hybrid Option B & A Baseline — Stipulated based on calculation from EMCS Retrofit Trend analysis Page 97 of 100 Hs -469- Item 11. - 143 Measurement and Verification Description OptionECM M&V 4A, Retrofit — Measured efficiency of new equipment and comparison of trend and utility data. Baseline — Stipulated based on calculation from EMCS Trend analysis 8 Central Library Expansion HVAC Controls Retrofit Hybrid Option B A Retrofit — Measured efficient Y of new equipment and comparison of trend and utility data. 10 Central Library Theater Option A p Stipulated based on mutually Transformer Replacement agreed energy use parameters Pier, Downtown and Beach Stipulated based on mutually 11 Front Lighting Option A agreed run hours and standard wattages from manufacturer Stipulated based on mutual 13 Lifeguard HQ Data Room Option A p agreement of engineering HVAC Retrofit calculations and verification of specified installation. Stipulated based on mutual 14 HVAC Retrofits at Lake and Option A p agreement of engineering Gothard Fire Stations calculations and verification of specified installation. Stipulated based on mutual 15 Community Centers Option A agreement of engineering calculations and verification of specified installation. Stipulated based on mutual 16 Install Internet Capable T-stats Option A p agreement of engineering in City Buildings calculations and verification of specified installation. Page 98 of 100 Item 11. - 144 HB -470- Next Steps 10.0 Next Steps This Investment Grade Audit identifies many energy efficiency and maintenance improvement opportunities that if implemented as a bundled project will provide The City of Huntington Beach with significant annual utility and operation savings significantly contribute to the city meeting its energy and related financial goals. AECOM is looking forward to working with the City to make this project a reality. Upon completion of this IGA AECOM will work closely with the City to bundle an ESPC project from the recommended ECM list that maximizes the infrastructure upgrades, energy savings and provides a net positive annual cash flow. AECOM is very pleased to be working with the fine people at City to complete this important project. Page 99 of 100 HB -471- Item 11. - 145 Appendix 11.0 Appendix 11.1 Lighting Retrofit Detailed 11.2 ESPC Project Schedule Page 100 of 100 Item 11. - 146 HB -472- ATTACHMENT #3 _j Item 11. - 147 DESIGN -BUILDER SCHEDULE OF VALUES PROJECT: City of Huntington Beach Energy Projects PROJECT NO: 60160991 DESIGN-BUILDLER: AECOM CONTRACT NO: CONSULTANT: AECOM DATE: 4/25/2011 ECM I D OF WORKN I COST OM E I CPLET (COMPLETE WORp P NVOICEDY AMOUNT I DUE 01 Materials $83,037.50 0.00% $0.00 $0.00 $0.00 01 Mechanical Subcontractor $58,848.00 0.00% $0.00 $0.00 $0.00 01 Miscellaneous $1,200.00 0.00% $0.00 $0.001 $0.00 01 Contingency 5% $7,154.28 0.00% $0.00 0.001 $0.00 01 Overhead & Profit 10% $15,023.98 0.00% $0.00 $0.00 $0.00 01 Design 15% $22,535.97 0.00% $0.00 $0.00 $0.00 01 Construction Management 8% $12,019.18 0.00% $0.00 $0.001 $0.00 01 Commissioning 5% $7,511.99 0.00% $0.00 $0.001 $0.00 01 Schedule & Performance Risk 6% $9,014.39 0.00% $0.00 $0.001 $0.00 02 Materials $284.147.50 0.00% $0.00 $0.00 1 $0.00 02 Controls Subcontractor $75,000.00 0.00% $0.00 $0.00 $0.00 02 Electrical Subcontractor $52,500.00 0.00% $0.00 $0.00 $0.00 02 Mechanical Subcontractor $324,212.25 0.00% $0.00 $0.00 $0.00 02 TAB Subcontractor $3.000.00 0.00% $0.00 $0.00 $0.00 02 Miscellaneous $3,500.00 0.00% $0.00 $0.00 $0.00 02 Contingency 10% $74,235.98 0.00% $0.00 $0.00 $0.00 02 Overhead & Profit 10% $81,659.57 0.00% $0.00 $0.00 $0.00 02 Design 9% $73,493.62 0.00% $0.00 $0.00 $0.00 02 Construction Management 8% $65.327.66 0.00% $0.00 $0.001 $0.00 02 Commissioning 5% $40,829.79 0.00% $0.00 $0.00 1 $0.00 02 Schedule & Performance Risk 6% $48,995.74 0.00% $0.00 $0.00 1 $0.00 03 Materials $1.421.88 0.00% $0.00 $0.00 1 $0.00 03 Controls Subcontractor $140,000.00 0.00% $0.00 $0.00 1 $0.00 03 Electrical Subcontractor $2,500.00 0.00% $0.00 $0.00 1 $0.00 03 Mechanical Subcontractor $63,000.00 0.00% $0.00 $0.00 1 $0.00 03 TAB Subcontractor $35,000.00 0.00% $0.00 $0.00 1 $0.00 03 Miscellaneous $3,000.00 0.00% $0.00 0.001 $0.00 03 Contingency 10% $24,492.19 0.00% $0.00 $0.001 $0.00 03 Overhead & Profit 10% $26,941.41 0.00% $0.00 0.001 $0.00 03 Design 15% $40,412.11 0.00% $0.00 0.001 $0.00 03 Construction Management 8% $21,553.13 0.00% $0.00 $0.001 $0.00 03 Commissioning 5% $13,470.70 0.00% $0.00 0.001 $0.00 03 Schedule & Performance Risk 6% $16,164.84 0.00% $0.00 $0.001 $0.00 04 Electrical Subcontractor $125,145.00 0.00% $0.00 $0.00 1 $0.00 04 Contingency 5% $6,257.25 0.00% $0.00 $0.00 1 $0.00 04 Overhead & Profit 10% $13,140.23 0.00% $0.00 $0.001 $0.00 04 Design 5% $6,570.11 0.00% $0.00 0.001 $0.00 04 Construction Management 8% $10,512.18 0.00% $0.00 $0.00 $0.00 04 Commissioning 5% $6,570.11 0.00% $0.00 $0.00 $0.00 04 Schedule & Performance Risk 6% $7,884.14 0.00% $0.00 $0.00 $0.00 05 Electrical Subcontractor $165,068.00 0.00%1 $0.00 $0.00 $0.00 05 Contingency 5% $8,253.40 0.00%1 $0.00 $0.00 $0.00 05 Overhead & Profit 10% $17,332.14 0.00% $0.00 $0.00 $0.00 05 Design 5% $8,666.07 0.00% $0.00 $0.00 $0.00 05 Construction Management 80/6 $13.865.71 0.00% $0.00 $0.00 $0.00 05 Commissioning 5% $8,666.07 0.00% $0.00 $0.00 $0.00 05 Schedule & Performance Risk 6% $10,399.28 0.00% $0.00 $0.00 $0.00 07 Materials $3,412.50 0.00% $0.00 $0.00 $0.00 07 Controls Subcontractor $41,000.00 0.00% $0.00 $0.00 $0.00 07 Electrical Subcontractor $3,000.00 0.00% $0.00 1 $0.001 $0.00 07 1 Mechanical Subcontractor 1 $53,454.10 1 0.00%1 $0.00 1 $0.001 $0.00 Page 1 of 3 Item 11. - 148 HB -474- DESIGN -BUILDER SCHEDULE OF VALUES PROJECT: City of Huntington Beach Energy Projects PROJECT NO: 60160991 DESIGN-BUILDLER: AECOM CONTRACT NO: CONSULTANT: AECOM DATE: 4/25/2011 ECM I D OF WORK COST I COST I COMPLETPERCENTE (COMPLETE WORT P NVOICEDREVIOUSLY MOU I A DUENT 07 TAB Subcontractor $33,000.00 0.00% $0.00 $0.00 $0.00 07 Miscellaneous $3,000.00 0.00% $0.00 0.001 $0.00 07 Contingency 10% $13,686.66 0.00% $0.00 $0.00 $0.00 07 Overhead & Profit 10% $15,055.33 0.00% $0.00 $0.00 $0.00 07 Design 15% $22,582.99 0.00% $0.00 $0.00 $0.00 07 Construction Management 8% $12,044.26 0.00% $0.00 $0.00 $0.00 07 Commissioning 5% $7,527.66 0.00% $0.00 $0.00 $0.00 07 Schedule & Performance Risk 6% $9,033.20 0.00% $0.00 $0.00 $0.00 08 Controls Subcontractor $129,922.50 0.00% $0.00 $0.00 $0.00 O8 Miscellaneous $200.00 0.00% $0.00 1 $0.00 $0.00 O8 Contingency 5% $6,506.13 0.00% $0.00 $0.00 1 $0.00 O8 Overhead & Profit 10% $13,662.86 0.00% $0.00 $O.DO I $0.00 08 Design 9% $12,296.58 0.00% $0.00 0.001 $0.00 08 Construction Management 8% $10,930.29 0.00% $0.00 0.001 $0.00 O8 Commissioning 5% $6,831.43 0.00% $0.00 0.001 $0.00 O8 Schedule & Performance Risk 6% $8,197.72 0.00% $0.00 0.001 $0.00 10 Electrical Subcontractor $14,300.00 0.00% $0.00 $0.00 1 $0.00 10 Miscellaneous $500.00 0.00% $0.00 $0.D0 1 $0.00 10 Contingency 5% $740.00 0.00% $0.00 $0.001 $0.00 10 Overhead & Profit 10% $1,554.00 0.00% $0.00 0.001 $0.00 10 Design 9% $1,398.60 0.00% $0.00 $0.001 $0.00 10 Construction Management 8% $1,243.20 0.00% $0.00 $0.00 1 $0.00 10 Commissioning 5% $777.00 0.00% $0.00 $0.00 1 $0.00 10 Schedule & Performance Risk 6% $932.40 0.00% $0.00 0.001 $0.00 11 Materials $290,640.00 0.00% $0.00 $0.001 $0.00 13 Electrical Subcontractor $4,000.00 0.00% $0.00 $0.00 1 $0.00 13 Mechanical Subcontractor $6,400.00 0.00% $0.00 $0.00 1 $0.00 13 Contingency 5% $520.00 0.00% $0.00 $0.00 1 $0.00 13 Overhead & Profit 10% $1,092.00 0.00% $0.00 $0.00 1 $0.00 13 Design 10% $1,092.00 0.00% $0.00 $0.00 1 $0.00 13 Construction Management 8% $873.60 0.00% $0.00 0.001 $0.00 13 Commissioning 5% $546.00 0.00% $0.00 $0.001 $0.00 13 Schedule & Performance Risk 6% $655.20 0.00% $0.00 0.001 $0.00 14 Materials $37,224.69 0.00% $0.00 $0.00 1 $0.00 14 Mechanical Subcontractor $16,854.30 0.00% $0.00 $0.00 1 $0.00 14 Miscellaneous $1,250.00 0.00% $0.00 0.001 $0.00 14 Contingency 5% $2,766.45 0.00% $0.00 0.001 $0.00 14 Overhead & Profit 10% $5,809.54 0.00% $0.00 $0.001 $0.00 14 Design 9% $5,228.59 0.00% $0.00 $0.00 1 $0.00 14 Construction Management 8% $4,647.63 0.00% $0.00 $0.00 1 $0.00 14 Commissioning 5% $2,904.77 0.00% $0.00 $0.00 1 $0.00 14 Schedule & Performance Risk 6% $3,485.73 0.00% $0.00 0.001 $0.00 15a Materials $9,100.00 0.00% $0.00 $0.001 $0.00 15a Mechanical Subcontractor $7,500.00 0.00% $0.00 $0.00 1 $0.00 15a Miscellaneous $1,250.00 0.00% $0.00 $0.00 1 $0.00 15a Contingency 5% $892.50 0.00% $0.00 $0.00 1 $0.00 15a Overhead & Profit 10% $1,874.25 0.00% $0.00 0.001 $0.00 15a Design 9% $1,686.83 0.00% $0.00 $0.00 $0.00 15a Construction Mana ement 8% $1,499.40 0.00% $0.00 $0.00 $0.00 15a Commissionin 5% $937.13 0.00j. $0.00 $0.00 $0.00 15a ISchedule & Performance Risk 6% $1,124.55 1 0.00%1 $0.00 $0.001 $0.00 Page 2 of 3 xB -475- Item 11. - 149 PROJECT: City of Huntington Beach Energy Projects DESIGN-BUILDLER: AECOM CONSULTANT: AECOM SCHEDULE OF VALUES PROJECT NO: 60160991 CONTRACT NO: DATE: 4/25/2011 ECM I D OF WORK I COST I CPLETE OM (COMPLETE WORN PVOOED IINICY I AMOUNT 15b Materials $16,493.75 0.00% $0.00 $0.00 $0.00 15b Mechanical Subcontractor $16,899.07 0.00% $0.00 $0.00 $0.60 15b Miscellaneous $1,250.00 0.00% $0.00 0.001 $0.00 15b Contingency 5% $1,732.14 0.00% $0.00 0.001 $0.00 15b Overhead & Profit 10% $3,637.50 0.00% $0.00 $0.00 1 $0.00 15b Design 9% $3,273.75 0.00% $0.00 0,001 $0.00 15b Construction Management 8% $2,910.00 0.00% $0.00 $0.001 $0.00 15b Commissioning 5% $1,818.75 0.00% $0.00 .001 $0.00 15b Schedule & Performance Risk 6% $2,182.50 0.00%1 $0.00 $0.00 1 $0.00 15c Electrical Subcontractor $2 700.00 0.00% $0.00 $0.00 $0.00 15c Contingency 5% $135.00 0.00% $0.00 $0.00 $0.00 15c Overhead & Profit 10% $283.50 0.00% $0.00 $0.00 $0.00 15c Design 9% $255.15 0.00% $0.00 $0.00 $0.00 15c Construction Management 8% $226.80 0.00% $0.00 $0.00 $0.00 15c Commissioning 5% $141.75 0.00% $0.00 1 $0.00 $0.00 15c Schedule & Performance Risk 6% $170.10 0.00% $0.00 $0.00 $0.00 16 Materials $22,647.19 0.00% $0.00 $0.00 $0.00 16 Electrical Subcontractor $3,025.00 0.00% $0.00 $0.00 1 $0.00 16 Contingency 5% $1,283.61 0.00% $0.00 .001 $0.00 16 Overhead & Profit 10% $2,695.58 0.00% $0.00 $0.00 $0.00 16 Design 9% $2,426.02 0.00% $0.00 $0.00 $0.00 16 Construction Management 8% $2,156.46 0.00% $0.00 $0.00 $0.00 16 Commissioning 5% $1,347.79 0.00% $0.00 $0.00 $0.00 16 Schedule & Performance Risk 6% $1,617.35 0.00% $0.00 $0.00 $0.00 TOTAL $3,069,486.61 0.00% $0.00 $0.00 $0.00 Page 3 of 3 Item 11. - 150 HB -476- ATTACHMENT #4 Item 11. - 151 l day Tue 621111 229 days Wed 622111 50 days Wed 622111 45 days Wed 622/11 5 days Wed 824111 32 days Wed 8131111 10 days Wed 8/31111 10 days Wed 9/14/11 5 days Wed 928111 1 day Wed 1015111 5 days Thu 10011 1 day Thu 10/13/11 62 days Fri 10114111 1 day Fri 10/ib/11 51 days Mon 10117111 5 days Mon 10H7111 5 days Mon 1024111 20 days Mon 10131111 20 days Mon 1128/11 1 day Mon 122Wi1 51 days Mon 1024111 5 days Mon 1024/11 5 days Mon 10/31/11 20 days Mon 11RH7 20 days Mon 12/5/11 1 day Mon 12/12 51 days Mon 10131/11 5 days Mon 10/31/11 5 days Mon 1117/11 20 days Mon 11/14/11 20 days Mon 12/12/11 1 day Mon 1/9/12 51 days Mon 10117/11 5 days Mon 10117111 5 days Mon 1024/11 30 days Mon 10/31/11 10 days Mon 12/12/1 i 1 day Mon 1226111 41 days Mon 10/17/11 5 days Mon 10/17111 5 days Mon 1024/11 20 days Mon 10/31/11 10 days Mon 1128/11 1 day Mon 12/12/11 41 days Mon 1024/11 5 days Mon 1024/11 5 days Mon 10/31/11 20 days Mon 11/7111 10 days Mon 12/5H 1 1 day Mon 12/19/11 41 days Mon 10/31111 5 days Mon 10/31/11 5 days Mon 11/7/11 20 days Mon 11/14/11 10 days Mon 12/12/11 1 day Mon 1226/11 41 days Man 11F7fl1 5 days Mon 1 V7/11 5 days Mon 11/14/11 20 days Mon 1121111 10 days Mon 12/19/11 1 day Mon 1/2/12 85 days Tue 1110112 5 days Tue 1/10/12 65 days Tue 1117112 10 days Tued/17/12 5 days Tue SH/12 295 days Wed 6=11 60 days Wed 622111 45 days Wed 622/11 5 days Wed 824"1 10 days Wed 8' 32 days Wed 8 10 days Wed 9/ir... 67 days Mon IQr Tue 113111 5 days Mon 10 Fd 11/411 5 days Mon fi. Fri 1111111 30 days Mon 11/14/11 Fri 1223/1 20 days Mon 1226111 Fri 120/1 5 days Mon 123/12 Fri 127/1 2 days Mon 1/30/12 Tue 113111 67 days Mon 10/31111 Too 113111 5 days Mon 10/31111 Fd 1114/1 5 days Mon 1177/11 Fd I1111/1 30 tlays Mon 11/14/11 Fd 1223f1 20 days Mon 1226111 Fd 12M1 5 days Mon 12M12 Fri 12711 2 days Mon i/30/12 Tue 1131/1 117 days Mon 10131111 Tua 411011 5 days Mon 10/31/11 Fri i 1M/1 5 days Mon 11(//11 Fri H/11H 60 days Mon 11/14111 Fri 2/3/1 40 days Mon 2/&l2 Fri 3/3M1 5 days Mon 4012 Fd 4/6/1 2 days Mon 4/9112 Tue 4/1011 67 days Mon IM31111 Tue 113111 5 days Mon 10/31/11 Fd 11/4/1 5 days Mon 11/7/11 Fd 11/N/1 30 days Mon 11/14/11 Fd 122&1 20 days Mon 122&11 Fri 12Ml 5 days Mon 123/12 Fd 12711 2 days Mon ll30/12 Tue 1/3111 67 days Mon 10131111 Tue 113111 5 days Mon 10131/11 Fri 11M/1 5 days Mon I IMI I Fri 11/11H 30 days Mon 11/IQI l Fri 12/23/1 20 days Mon 122&11 Fri 12Ml 5 days Mon 123112 Fri 12711 2 days Mon V30/12 Tue 1/31/1 57 days Mon 10131/11 Tue 111711 5 days Mon 10131111 Fd 11/4/1 5 days Mon 1117111 Fd I1111/1 30 days Mon 11/14/11 Fd 122&1 10 days Mon 122Ml I Fd 1/0 5 days Mon 1/9112 Fd 1/13/1 2 days Mon l/16/12 Tue 1/1711 67 days Mon 1U131111 Tue 113111 5 days Mon 10/31/11 Fd 1114/1 5 days Mon 11/7/11 Fd 11/1111 30 days Mon 11/14/11 Fri 1223/1 20 days Mon 1226111 Fd 12M1 5 days Mon 123112 Fd 127/1 2 days Mon 1/30112 Tue 1/31/l 85 days Wed 4111112 Tue 81711 5 days Wed 4111/12 Tue 4/17/1 65 days Wed 4/18112 Tue 711711 10 days Wed 7/18/12 Tue 7/31/1 5 days Wed&1/12 Tue 617/1 ATTACHMENT #5 Item 11. - 154 HB -480- HVAC Retrofits ( Occupant comfort) The HVAC retrofits to be carried out in City facilities as identified in the IGA will not compromise occupant comfort. ASHRAE thermal environmental conditions for human occupancy comfort standards (standard 55-92) will be maintained. In practical terms, this means temperatures may be in the 68-76 Deg F range. During off -hours, temperatures may be allowed to drop to as cold as 55 Deg F or as warm as 85 Deg F. Lighting Retrofits (Lighting levels) The proposed lighting retrofits identified in the IGA will be carried out without sacrificing lighting levels adequate for the occupants and the tasks performed as recommended by the Illuminating Engineering Society (IES) (the most accepted and recognized lighting standards in the industry). IES breaks down all tasks into I of 9 categories (see table 1), covering from 20 to 20,000 lux, (2 to 2000 foot candles). The categories are known as A - I, and each provide a range of 3 iluminance values (low, mid and high). --------------------------------------------------------------------- --------------------------------------------------------------------- TABLE 1 IRS ILLUMINANCE CATEGORIES and VALUES - for GENERIC INDOOR ACTIVITIES ACTIVITY CATEGORY LUX FOOTCANDLES ---------------------------------------------------------------------- Public spaces with dark A 20-30-50 2-3-5 surroundings ---------------------------------------------------------------------- Simple orientation for short B 50-75-100 5-7.5-10 temporary visits ---------------------------------------------------------------------- Working spaces where visual C 100-150-200 10-15-20 tasks are only occasionally performed ---------------------------------------------------------------------- Performance of visual tasks of D 200-300-500 20-30-50 high contrast or large size ---------------------------------------------------------------------- Performance of visual tasks of E 500-750-1000 50-75-100 medium contrast or small size ---------------------------------------------------------------------- Performance of visual tasks of F 1000-1500-2000 100-150-200 low contrast or very sm size ---------------------------------------------------------------------- Performance of visual tasks of G 2000-3000-5000 200-300-500 low contrast or very sm size over a prolonged period HB-481- Item 11. - 155 ---------------------------------------------------------------------- Performance of very prolonged H 5000-7500-10000 500-750-1000 and exacting visual tasks ---------------------------------------------------------------------- Performance of very special I 10000-15000-20000 1000-1500-2000 visual tasks of extremely low contrast ---------------------------------------------------------------------- A-C for illuminances over a large area (ie lobby space) D-F for localized tasks G-I for extremely difficult visual tasks Item 11. - 156 11B -4sz- ATTACHMENT #6 11 HB -483- Item 11. - 157 March 2010 ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM Subawardees who receive federal funds under an assistance agreement shall comply with the flow down requirements for subawardees specified in the "Special Provisions Relating to Work Funded under American Recovery and Reinvestment Act of 2009" which apply to this award. Additionally, as required by 10 CFR 600.2(b), 10 CFR 600.236, and 10 CFR 600.237, any new, continuation, or renewal award and any subsequent subaward shall comply with any applicable Federal statute, Federal rule, Office of Management and Budget (OMB) Circular and Government -wide guidance in effect as of the date of such award. These requirements include, but are not limited to the following: a. DOE Assistance Regulations, 10 CFR Part 600 at hU://ecfr.gpoaccess.gov. b. In addition to 10 CFR 600, Appendix A, Generally Applicable Requirements, the National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at htttv://management.energy.goy/business doe/1374.htm apply. c. 2 CFR 215, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110). " d. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" Common Rules. e. OMB Circular A-21, "Cost Principles for Educational Institutions," OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments," OMB Circular A- 122, "Cost Principles for Non -Profit Organizations," or FAR at 48 CFR Part 31, "Contract Cost Principles and Procedures," for Profit Organizations, as applicable. f. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." g. Subawardee Application/proposal as approved by DOE. The following pages set forth subgrant flowdown provisions suggested for use in issuing subawards. Recipients are also advised that all contracts must include the provisions in 10 CFR 600.236, "Procurement", Section (i) "Contract Provisions", numbers 1-13. Item 11. - 158 HB -484- March 2010 SUBGRANT FLOWDOWN PROVISIONS FOR EECBG FINANCIAL ASSISTANCE AWARDS SPECIAL TERMS AND CONDITIONS Table of Contents Number Subject Page 1. RESOLUTION OF CONFLICTING CONDITIONS.....................................................3 2. CEILING ON ADMINISTRATIVE COSTS..................................................................3 3. LIMITATIONS ON USE OF FUNDS..........................................................................3 4. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFIT COSTS...................4 5. USE OF PROGRAM INCOME...................................................................................4 6. STATEMENT OF FEDERAL STEWARDSHIP..........................................................4 7. SITE VISITS..............................................................................................................4 8. REPORTING REQUIREMENTS................................................................................5 9. PUBLICATIONS........................................................................................................5 10. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS........................................6 11. LOBBYING RESTRICTIONS....................................................................................6 12. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ...............6 13. HISTORIC PRESERVATION....................................................................................6 14. WASTE STREAM......................................................................................................7 15. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS.....................7 16. SUBGRANTS AND LOANS......................................................................................7 17. JUSTIFICATION OF BUDGET COSTS.....................................................................8 18. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS..................................................................................9 19. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)...............................9 20. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT............................................................................................14 21. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS.................................................................15 22. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF2009..................................................................................................................15 23. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ............................18 24. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT.........................................................................................................................22 25. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS....................................................................................................22 26. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD ACT.........................................................................................................................23 2 HB -485- Item 11. - 159 March 2010 1. RESOLUTION OF CONFLICTING CONDITIONS Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. 2. CEILING ON ADMINISTRATIVE COSTS STATES a. State Recipients may not use more than 10 percent of amounts provided under the program for administrative expenses (EISA Sec 545 (c)(4)). These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored project, unless approved by the Contracting Officer. LOCAL GOVERNMENT (Cities & Counties) and INDIAN TRIBES a. Local government and Indian Tribe Recipients may not use more than 10 percent of amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545 (b)(3)(A)), for administrative expenses, excluding the costs of meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored project, unless approved by the Contracting Officer. 3. LIMITATIONS ON USE OF FUNDS a. By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, for gambling establishments, aquariums, zoos, golf courses or swimming pools. 3 Item 11. - 160 HB -486- March 2010 b. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(13)), for the establishment of revolving loan funds. c. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(C)), for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe. 4. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFIT COSTS a. The Recipient is expected to manage their final negotiated project budgets, including their indirect costs and fringe benefit costs. DOE will not amend an award solely to provide additional funds for changes in the indirect and/or fringe benefit costs or for changes in rates used for calculating these costs. DOE recognizes that the inability to obtain full reimbursement for indirect or fringe benefit costs means the Recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the Recipient's cost share. b. If actual allowable [indirect and/or fringe benefit] costs are less than those budgeted and funded under the award, the Recipient may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, the Recipient must refund the difference. 5. USE OF PROGRAM INCOME If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and used to further eligible project objectives. 6. STATEMENT OF FEDERAL STEWARDSHIP DOE will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 7. SITE VISITS DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical IIB -487- Item 11. - 161 March 2010 assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 8. REPORTING REQUIREMENTS a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies. b. Additional Recovery Act Reporting Requirements are found in the Provision below labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT." 9. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. An acknowledgment of DOE support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy [National Nuclear Security Administration] [add name(s) of other agencies, if applicable] under Award Number(s) [enter the award number(s)]." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." Item 11. - 162 HB -488- March 2010 10. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits, ensure the safety and structural integrity of any repair, replacement, construction and/or alteration, and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 11. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. 12. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS You are restricted from taking any action using Federal funds, which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE providing either a NEPA clearance or a final NEPA decision regarding this project. If you move forward with activities that are not authorized for Federal funding by the DOE Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not receiving Federal funding and such costs may not be recognized as allowable cost share. If this award includes construction activities, you must submit an environmental evaluation report/evaluation notification form addressing NEPA issues prior to DOE initiating the NEPA process. 13. HISTORIC PRESERVATION Prior to the expenditure of Project funds to alter any historic structure or site, the Recipient or subrecipient shall ensure that it is compliant with Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. If applicable, the Recipient or subrecipient must contact the State Historic Preservation Officer (SHPO), and the Tribal Historic Preservation Officer (THPO) to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is available at the following link: htto://www.ncshoo.orgJfind/index.htm. THPO contact information is available at the following link: htto://www.nathno.org/mgp.html . Section 110(k) of the NHPA applies to DOE funded activities. If applicable, the Recipient or subrecipient certifies that it will retain sufficient documentation, to demonstrate that the Recipient or subrecipient has received required approval(s) from the SHPO or THPO for the Project. Recipients or subrecipients shall avoid 0 HB -489- Item 11. - 163 March 2010 taking any action that results in an adverse effect to historic properties pending compliance with Section 106. The Recipient or subrecipient shall deem compliance with Section 106 of the NHPA complete only after it has received this documentation. The Recipient or subrecipient shall make this documentation available to DOE on DOE's request (for example, during a post -award audit). 14. WASTE STREAM The Recipient assures that it will create or obtain a waste management plan addressing waste generated by a proposed Project prior to the Project generating waste. This waste management plan will describe the Recipient's or subrecipient's plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the proposed Project. The Recipient shall ensure that the Project is in compliance with all Federal, state and local regulations for waste disposal. The Recipient shall make the waste management plan and related documentation available to DOE on DOE's request (for example, during a post -award audit). 15. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the Recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the Recipient's facilities, or (ii) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of the Agreement. 16. SUBGRANTS AND LOANS a. The Recipient hereby warrants that it will ensure that all activities by sub-grantee(s) and loan recipients to accomplish the approved Project Description or Statement of Project Objectives are eligible activities under 42 U.S.C. 171534(1)-(13). State recipients hereby warrant that they will ensure that all activities by sub-grantee(s) and loan recipients pursuant to 42 U.S.C. 17155(c)(1)(A) to accomplish the approved Project Description or Statement of Project objects are eligible activities under 42 U.S.C. 171534(3)-(13). b. Upon the Recipient's selection of the sub-grantee(s) and loan recipients, the Recipient shall notify (i.e. approval not required) the DOE Contracting Officer with the following information for each, regardless of dollar amount: - Name of Sub -Grantee - DUNS Number - Award Amount - Statement of work including applicable activities State recipients shall notify the DOE Contracting Officer with the above information within 180 days of the award date in Block 27 of the Assistance Agreement Cover Page. Item 11. - 164 HB -490- March 2010 c. In addition to the information in paragraph b. above, for each sub -grant and loan that has an estimated cost greater than $2,000,000, the recipient must submit for approval by the Contracting Officer, a SF424A Budget Information — Nonconstruction Programs, and PMC 123.1 Cost Reasonableness Determination for Financial Assistance (available at h!W://www.eere:pmc.energy.gov/forms.aspx . 17. JUSTIFICATION OF BUDGET COSTS a. In the original application, the recipient did not provide sufficient information to justify the approval or release of funds for the proposed activities. In order to receive reimbursement for the costs associated with the activities listed in the approved Statement of Project Objectives (SOPO), a justification for all proposed costs must be submitted to the DOE Contracting Officer. b. The Recipient must provide justification for the following costs: Personnel Costs: The Recipient must submit cost justification for the following personnel costs: for approval by the Contracting Officer. Fringe Benefit Costs: The Recipient must submit a fringe benefit rate proposal/agreement for approval by the Contracting Officer. Travel Costs: The Recipient must submit cost justification for the following travel costs: for approval by the Contracting Officer. Equipment Costs: The Recipient must submit vendor quotes for equipment with an individual item cost of $50,000 or more, for approval by the Contracting Officer. Supplies Costs: The Recipient must submit cost justification for the following supplies costs: for approval by the Contracting Officer. Contractual Costs: 1. The recipient shall provide the following information for each individual or company that will receive EECBG funding, regardless of dollar amount: - Name - DUNS Number - Award Amount - Statement of work including applicable activities - NEPA documentation, as applicable HB -491- Item 11. - 165 March 2010 2. hi addition to the information in paragraph 1. above, for each individual or company that has an estimated cost greater than $2,000,000, the Recipient must submit a separate SF424A Budget Information — Nonconstruction Programs, and Budget Justification. The DOE Contracting Officer may require additional information concerning these individuals or companies prior to providing written approval. Other Direct Costs: The Recipient must submit cost justification for the following other direct costs: for approval by the Contracting Officer. Indirect Costs: The Recipient must submit an indirect rate proposal/agreement for approval by the Contracting Officer. c. Upon written notification and/or approval by the Contracting Officer, the Recipient may then receive payment for the activities listed in the approved SOPO for allowable costs incurred in accordance with the payment provisions contained in the Special Terms and Conditions of this agreement. These written notifications and/or approvals will be incorporated into the award by formal modification at a future date. 18. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS The parties recognize that the Recipient may use funds under this award for Property - Assessed Clean Energy (PACE) loans, Sustainable Energy Municipal Financing, Clean Energy Assessment Districts, Energy Loan Tax Assessment Programs (ELTAPS), or any other form or derivation of Special Taxing District whereby taxing entities collect payments through increased tax assessments for energy efficiency and renewable energy building improvements made by their constituents. The Department of Energy intends to publish "Best Practices" or other guidelines pertaining to the use of funds made available to the Recipient under this award pertaining to the programs identified herein. By accepting this award, the Recipient agrees to incorporate, to the maximum extent practicable, those Best Practices and other guidelines into any such program(s) within a reasonable time after notification by DOE that the Best Practices or guidelines have been made available. The Recipient also agrees, by its acceptance of this award, to require its sub -recipients to incorporate to the maximum extent practicable the best practices and other guideline into any such program used by the sub -recipient. 19. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most C] Item 11. - 166 HB -492- March 2010 impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non -Federal employer means any employer with respect to covered funds -- the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal 10 HB -493- Item 11. - 167 March 2010 government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Segre¢ation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. C. Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized -- (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. E. Publication An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which 11 Item 11. - 168 1113 -494- March 2010 the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case -by -case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. F. Protecting State and Local Government and Contractor Whistleblowers. The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: - gross management of an agency contract or grant relating to covered funds; - a gross waste of covered funds; - a substantial and specific danger to public health or safety related to the implementation or use of covered funds; - an abuse of authority related to the implementation or use of covered funds; or - as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non -Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: 12 HB -495- Item 11. - 169 March 2010 - Order the employer to take affirmative action to abate the reprisal. - Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. - Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). G. Reserved H. False Claims Act Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. I. Information in Support of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. J. Availability of Funds Funds obligated to this award are available for reimbursement of costs until 36 months after the award date. K. Additional Funding Distribution and Assurance of Appropriate Use of Funds Certification by Governor — For funds provided to any State or agency thereof by the 13 Item 11. - 170 HB -496- March 2010 American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution -- After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public -private entities within the State either by formula or at the State's discretion. L. Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 20. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the Recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier subrecipients must maintain current registrations in the Central Contractor Registration (http://www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (hitp://www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 14 HB -497- Item 11. - 171 March 2010 (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http://www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. 21. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS — SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American -made. *Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" and "REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" will be done upon definition and review of final activities. 22. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Recipient determines at any time that any construction, alteration, or repair activity on a public building or public works will be performed during the course of the project, the Recipient shall notify the Contracting Officer prior to commencing such work and the following provisions shall apply. (a) Definitions. As used in this award term and condition— (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi - State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, IN Item 11. - 172 1113 -498- March 2010 breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award tern and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: To Be Determined (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that— (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government evaluation of the request, including — (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; 16 HB -499- Item 11. - 173 March 2010 (G) Name and address of the proposed supplier; and (II) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of measure Quantity Cost (dollars)* Item 1. Foreign steel, iron, or manufactured good Domestic steel, iron, or 17 Item 11. - 174 1113 -500- March 2010 manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 23. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (a) Definitions. As used in this award term and condition — Designated country — (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods — (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. HB -501- Item 11. - 175 March 2010 Domestic iron, steel, and/or manufacturedgood— (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi - State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Iron, steel, and manufactured goods. (1) The award term and condition described in this section implements— (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an IV Item 11. - 176 IIB -502- March 2010 international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: To Be Determined (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that— (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including — (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and 20 HB -503- Item 11. - 177 March 2010 (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. (d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Unit of Cost Description measure Quantity (dollars)* IleM I. Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good 21 Item 11. - 178 HB -504- March 2010 Henn 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 24. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 25. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for 22 HB -505- Item 11. - 179 March 2010 Grants and Agreements" and OMB Circular A-102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A-102 is available at http://www.whitehouse.govlomblcircularsla]021al 02. html. (b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF — SAC) required by OMB Circular A-133.OMB Circular A-133 is available at hitp://www.whitehouse.gov/omb/circulars/a133/a133.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF —SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF —SAC. (c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information famished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 26. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD ACT Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and Safety Standards Act," the following definitions are applicable: (1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own employees perform the construction) Subrecipients, Contractors, and subcontractors. (2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower- 23 Item 11. - 180 HB -506- March 2010 tier subcontractors. "Contractor" does not mean a unit of State or local government where construction is performed by its own employees." (3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees. (4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non -program aspects of the financial assistance process. (5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (7) "Subrecipient" means a non -Federal entity that expends Federal funds received from a Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. (a) Davis Bacon Act (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a 24 HB -507- Item 11. - 181 March 2010 part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages Laid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every 25 Item 11. - 182 HB -508- March 2010 additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction HB -509- Item 11. - 183 March 2010 or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htrn or its successor site. The prime Contractor is responsible for the submission of copies of payrolls 27 Item 11. - 184 HB -510- March 2010 by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. E. HB -511- Item 11. - 185 March 2010 (iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Energy or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the 29 Item 11. - 186 xB -512- March 2010 event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract. (6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the 30 1413 -513- Item 11. - 187 March 2010 subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the Contractor and any 31 Item 11. - 188 HB -514- March 2010 subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (c) Recipient Responsibilities for Davis Bacon Act (1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions: 32 HB -515- Item 11. - 189 March 2010 (i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award; (ii) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOL wage determinations; (iii) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non -compliances identified as the result of reviews performed pursuant to paragraph (ii) above; (iv) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; (v) Provide DOE with detailed information regarding the resolution of any DBA non-compliance issues; (vi) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (vii) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer; and (viii) Provide copies of all records upon request by DOE or DOL in a timely manner. (d) Rates of Wages The prevailing wage rates determined by the Secretary of Labor can be found at htti)://www.wdol.gov/. 33 Item 11. - 190 HB -516- Av CERTIFICATE OF LIABILITY INSURANCE oaTEIM2011 YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poitcy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s). PRODUCER Marsh Risk & Insurance Services CALkbnm#0437153 NTACT NAME: PHONE Inc a 777 SDI Figueroa Street Los Mo%, CA 9OD17 EO A PRODUCER CUSTOMER nd 06510-ALL-PROF.-11/12 Weslfo MA INSURERS) AFFORDING COVERAGE NAIL• INSURED INSURER A: Zurich American Insurance Company t6535 AECOM, Inc. AE'COM Technical Services. Inc. Mda ENSRCorporatim INSURERS: NIA WA INSURER C ; WA WA 2 TECHNOLOGY PARK DRIVE WESTF'ORD, MA C1808 INSURER D: NIA NIA INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-MI70561-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPEOFINSURANCE D UB POLICY NUMBER PMIDCV EFIn POppryYvy LIMITS A GENERAL UAWLITY K COMMERCIAL GENERAL LIABILITY CLAIMS -MADE II OCCUR X GL0595589103 04N7/2011 04101/2012 EACH OCCURRENCE $ 1A001000 PREMISES (Ea =urrw�l $ 1,000,OOD MED EKP IAny one ereon $ 5.000 PERSONALS ADV INJURY b im.000 GENERAL AGGREGATE S 1p00,00D GEWL AGGREGATE POLICY LIMIT APPLIES PER: PR LOC PRODUCTS -COMPIOP AGG $ 1,ODD,000 S A AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEOULEDAUTOS HIRED AUTOS NON -OWNED AUTOS X BAP 596589303 04A17I2011 04ID77.2(112 COMBINED SINGLE LIMIT (Ea aoddeM) $ 10DD000 X BODILY INJURY (Per POMM) $ BODILY INJURY (ParaWdaM) $ PROPERTYDAMAGE (Per BCeident) $ $ $ UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION ANOEMPLOYERS'LIABWTY YIN ANY PROPRIETOR(PARTNER/EXECUTIVE❑ OFFICERMEMSER EXCLUDED? IMMIrdatonrInN9) 11 yes desui under DESCRIPTION OF OPERATIONS !Al NIA I WC STATU- OTH- Y I, E.L. EACH ACCIDENT '— $ E.L. DIBEASE'-EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (MMch ACORD 101, Additledal Remadw Schsdula, ❑more space Is mgWrad) REF: PERMIT - ENCROACHMENTRRANSPORTATION PERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES AS ADDITIONAL INSURED ON THE INSURANCE CERTIFICATE FOR ENCROACHMENT AND'OR TRANSPORTATION PERMITS. CITY OF HUNTINGTON BEACH ATTN: CHRIST] MENDOZA 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh R/ek& loauronco Servlcee David Denihan ©1988-2009 ACORD CORPORATION. All riahts reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Item 11. - 191 ADDITIONAL INFORMATION LOSOa170561.23 DATE(MLUDDIYY) —..... ....__......_.......... ........ ..... ......-------.._....._—.__.------------------- ---. __.... __.--------._—_._.— 03 11 vnooucER Marsh Risk & Insurence Services CA License 4l0437153 777 South Figueroa Steel Los Arplas, CA 90017 OS51D-ALL-PROF:11112 Weslfo MA INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Q AECOM, Inc. AECOA Technical Services, Inc. INSURER H: We ENSR C01pIX850n 2 TECHNOLOGY PARK DRIVE INSURER J: WESTFORD, MA O1W TEXT GL0596MI 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION TMsawlD emNltrnoofiesinourellcepwsIded underthefo9awtng: COMMERCIAL GENERAL LIABILITY OOVFURAGE PART SCHEDULE Nerve OfAddigonal insured Pemmgs) OrO%&*aliore(s) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92645 REF: PERMIT-ENOROACHMENTITRANSPORTATIONPERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES Inforn a0on required t000mplete this Sdredula.d not shown eime, wit be shoem in the Dwerylons COMMERCIAL GENERAL CG 20 Sedlm II -Who is An Insured Is anwntled to hrolude as an ada0anal Insured the persons) ororganbetbn(s) shown in the Schedule, but only widw respect to Oalft for'hody infreyr, adeedisin9inWCaused, in whole or in pK by your ads aorissiolrea the acts orwtaslons of In= acing on yourbehO.. A. In Me par offence of yourW**Q operations: or B. In connection wtdl your premises owned by or rented to you. CG 20 26 07 04 CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH ATTN: CHRISTI MENDOZA 20M MAIN STREET HUNTINGTON BEACH, CA 92MB Item 11. - 192 Hs -518- ADDITIONAL INFORMATION LOSaII70581-23 Id"MCMAVDD" .._---------- 09I25I2Mi_..-.._._.. PRODUCER 11100 RISK &Insurance Services CAUcense#137153 M South Figueroa Street Los Angeles, CA 90017 06510,41.1?ROF:11112 WeaBo MA INSURERS AFFORDING COVERAGE NACN INSURED INSURER O: AECOM, Inc. INSURER H: AECOM Technical Services, Inc. INS ENSR Corporation---- 2TECHNOLOGY PARK DRIVE -- INSURER J: WESTFORD, MA 01886 I FJCf POLICYNUMBER: SAP6%589303 ADDITIONAL INSURED DESIGNATED PERSONS OR OF Named Insured: AECOM Technol Corporation Policy Symbol Policy Number Policy Pedetl Effective SAP BAP 696589303 411f2011-4/1Y1012 4/112011 Issued By (Name of Insurance Company) Zurich American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT( This endorsement modifies insurance provided under the foliaaing BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Addigmaf Insured (s): CITY OF HUNTINGTON BEACH 20M MAIN STREET HUNTINGTON BEACH. CA 92848 REF: PERMIT-ENCROACHMENT/TRANSPORTATION PERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES ANY AUTO A Faacovered'aulo; Wholslnsuredischangedtomdudeasan'insumd,'Iheparsonsororganiz 5( or'propwly damage resulting from a -Is or omissions of. 1. You. 2. Anyofyouramployeesoragenls. 3. Any person operaling a covered'aulo' wllh permission from You, any of your empbyees or agan 8. The parsons ororgan¢allons named in this endomannent are not liable for payment of your premium. CA 1028 CERTIFICATE HOLDER CRY OF HUNTINGTON BEACH ATTN: CHRISTI MENDOZA 2000 MAIN STREET HUNTINGTON BEACH, CA 92818 xs -519- Item 11. - 193 ADDITIONAL INFORMATION PRODUCER Marsh Risk& Insurance Services CA License #0437153 777 South FlMroa SM Los Anger, CA 90017 06510-ALL-PROF:11N2 Westh MA AECOM, Inc. AECOM Technical Services, Ina Mda ENSR Corporation 2TECHNOLOGYPARKDRNE WESTFORD. MA WON I ER1 iT.x�rTT��a�T INSURERS AFFORDING COVERAGE INSURER G MISURER1 POLICY NUMBER OLD 5965891 D3 ' COMNERCIALGENERAL UABIUTY OG 20370704 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READTTCAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATKM78 This endorsement MMTm Insurance proWded under tiw following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Nmization (s): CITY OF HUNTINGTON BEACH 2wo MAIN STREET HUNTINGTON BEACH, CA 92648 REP: PERMIT- ENCROACHMENT/TRANSPORATATION PERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES Location And Dasaiption Of Completed Operations: Information required locanpieta ibis Schedule, Snot shown alwve, wilt be shown in the Declaralbns. DATE(MMlOD/W) 03/252011 Section II -Who is An Insured Is amended to include as an additions' inswed the person(s) or orgenizetion(s) shown in ms Schedule, but only with respect (o lWlily for'bodily In)uq( or'property dan-ags' caused, in whole or in part by*your work' at the location designated and desc ibod In the schedide of this endorsement perhrrned for that additional Insured and included In ths'productsL pleled operations hezerd', CIS 203707N CERTIFICATE HOLDER 1 CITY OF HUNTINGTON BEACH ATTN: CHRISTI MENDOZA 2000 MAIN STREET HUNTINGTON BEACH, CA 02648 0ISO Pmpedies, Inc., 2006 Denihan Page 1 of 1 Item 11. - 194 HB -520- . i%R CERTIFICATE OF LIABILITY INSURANCE L-.� 4/vzotz °AOD/YYYY) 4/1/2/1/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC 19800 MacArthur Blvd., Suite 550 CA License #OF15767 Irvine 92612 949-2524400 CONTACT NAME: INC,, No, Est):ac, Ne L ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA: Trsw Prepndy Cnsuah'CoofA crice 25674 INSURED AECOM Technology Corporation 1075642 AECOM Technical Services, Inc 440 Stevens Avenue, Suite 250 Solana Beach CA 92075 INSURER 8: INSURER C: INSURER D : NSUBgB E: NSURER : COVERAGES AECTE01 OR CERTIFICATE NUMBER: 10915099 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE jNM Sµyp POLICY NUMBER POLICY EFF DM I D POL E%P MO LIMITSLIMITSMM GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS�MADE❑OCCUR NOT APPLICABLE EACH OCCURRENCE XX)CKXXX OAMMAGE ERENTEO PMED X)�= EKP wy one elron XXXXXXX PERSONALS ADV INJURY $ XXXX)iXX GENERAL AGGREGATE $ X)IXX)QC)L GENL AGGREGATE ]POUCYMJPET� LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ )DCXXXXX $ ONOBILE LIABIUTY ANY AUTO AUTOOS NED SCHEDULED HIRED AUTOS A r8>NNED NOT APPLICABLE CeaoINED INGLE IMIT $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX R BODILY INJURY (Par accident $ )C)OC) C (PROPERTY DAMAGE er accident) $ Cx ) UMBRELLA LAB EXCESS LIAR OCCUR CLAIM -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXX XX DED RETENTION$ $ A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICERIMEMSER EXCLOpEmIck ANY PROPPoETORIPARrNERIEXECUnVE (MYeanegorylnNfq ESR TION OF OrPERATIONS Cclow or. NIA N TRJl76-424y56231-It (AZMAO�yW TC2JU6-414$E 2A-II (All Other States) 4/I/2DI1 M12DI1 4/l/2Dt2 4/1/20I2 WCSTAT - OTH- X ORY MI .EACHACGDEM $ 1 OLIOOOO E.L. DISEASE - EA EMPLOYEE 1000000 EL. DISEASE - POLIO LIMIT q 1,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I(Agach ACORD 101, Additional Remarks Schedule, If more space Is required) 10915089 City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and loco are registered marks of ACORD HB -521- Item 11. - 195 UNANIMOUS ACTION OF THE BOARD OF DIRECTORS OF AECOM TECHNICAL SERVICES, INC. The undersigned, bein? all the members of the Board of Directors of AECOM TECHNICAL SERVICES, INC. (the' Corporation'), a California corporation, hereby take the following action, effective January 1, 2010: RESOLVED, that In addition to all Senior Vice Presidents and above as set forth in Article IX, Section 16 of the Restated By -Laws as amended, the following persons are designated with authority by the Board of Directors, to execute contracts and other legal documents on behalf of the corporation or its divisions: Midwest Northeas West Joe Becker John Azzaro Randy Alshuler James Carter Frank Baragona Bill Burton Denise Casallno Andrew Calms Mohan Char Joe Catalano Pompeo Casale Dan Davis Ken Coulter Thomas Casclno Nick Davoren David Hansen Steve Dempsey James Faber . Jeff Hanson Caroline Downing Mike Gasparro Mark Lucas Frank LaPlaca Gene Grill! Mike Proboske Robert Lowe Neil Harris Charlie Manning Greg Heinz Mid -Atlantic Mike McCarthy Peter Ho Paul Anderson Kevin Pierce Robert Johansen Kenneth Butler Robert Pinghero Richard Leja Steven J. Chapin Bob Pittman Peter Lim Lou Cornell Terry Rookard Kathy Mayo Joe DiCado John Seaboldt Chris Mockus Dan Faust Nicholas Spaventa Mario Montes Roger Heebner Christine Tiernan William Nasclemento Jack S. Hodge Joseph Zafonte John Prizner Gary Hullfish Armando Ramirez Bruce Kay Tom Kirby MutYi-Reason Pat Somerville Christopher Lloyd David Brown Charles Stark n Pashanamaei Michael Chalmers Chuck Tran Gle Glen Vasquez s Matt Cummings g William A. Woodford Jim De la Loza Southwest Mountain Jay Duncan Scoff Cooper Southeas Robert Edelstein Steve Fowler Dave Gorden Tom Hassling Michael Hagerty Tom Marwood David Levy Craig Hester Bruce Moulds Dennis Miller Mark Mehalko Pam Townsend Bruce Molds Steve O'Brien Tom Vokoun Abbas $armed RA Plummer Mike Sweeney Jay Van Echo Rachel Vandenberg Steve Wilcox Thomas Waldron Greg Yates I I P a g e Item 11. - 196 xa -522- West SouthwestlMountain Mid -Atlantic Chris Alarlo Steve Bercken off Steve Biuso Keith T. Campbell Daron Butler Troy Kincer Olivia Chen Jay Canine Carl Lay R. Dan Ellison Chris Chen Jim Richards Jon Hanlon Don D'Adam Jake Vittands Glen M. Hills Blaine Dwyer Ben P. Horn Shelby Eckols Brian L. Jordan John Elorriaga Northeast John F. Kinneen. Joe King Joseph Falbo Rae Loui Lee Llndeen William J. Bent Thomas Meichtry Becky Olive David Blair Rudy Mina David Parkhill John Cardoni Martin Nakasone Bart Standley Donald Chelton Michael K. Nunley Eugene De Stefano Mark P. Reitz Robert Jamie GaryW. Rogers Mid es Dick Jubinviile Eugene "Skip" Shank Cuneyt Feizolof James Peter Gerald Shrope Todd Frauhiger Robert Scherpf Matthew Thomas Mike Gatzow Dennis Setzko Robert Ward Matt Koch Betsy Shreve-Gibb Alan K. Wong Ron Palmieri Paul Storella Derrick Wong Steve Peterson Lucy Pugh Southeast Multi -Region Scott Solverson Ron Armstrong Jim Chaffee Mike Russel Bijoy Ghosh Marty Doward Mike Witwer Lee Grant Scott Edelman Chris Yamaya Lennart J. Lindahl ENERGY --.. -- __ - SPG Larry Bochet Andy Haubert Joseph Broderick Jamie Matus Paul Roy Steve Martocello Paul Tarvin Peter Rooney Mike Wheeler WWess44 Midwest Southeast i�ar3td W 9luchel, Raylana Anderson Daniel Donahue Daniel R. McKelvle . Rob Friedel Gil Mulhere Nort east Rick Yauney Robert Orlin Multi -Region Dan Sawh Brandve Cyd Southwesi/Mountain Jack Ward Ron Osborne Pam Hoebener — — -- Wes Shimoda We Shimoda —^ YBPage xB -523- Item 11. - 197 West Robin Cababa Joel Farrier Luis Fraticeltl Steve Howard Ray Kehler Chuck Katz Don Koch Mark Luttrell Dave Van Mullem Jim Oosterhoudt Eric Peterson Marc Peterson Mizan Rashid Travis Taylor Jane Thomas Tom Waller Brian Weith Southwest/Mountain Jim Brackett Scott Duncan Carl Forbes Lucy Fraiser Phil Hackney Chuck Luyten Kent Miller Rami Naddy Marcos Silvestri Rick Smith Midwest Paul Blindauer Ken Bergschultz Kevin Brehm Nizar Hindi Ivan Manysz Roger Miller Steve Nalefski Matt Peak Ron Roelker Dave Senfelds Steve Schubring Bill Solberg Dawn Swider Northeast Steve Atter John Albrecht Kate Bamlole Rick Brannon Jim Coyle Mark Corey Don Dwight Dave Espy Robert Iwanchuk Jim Keczor Matt Kennedy Al LoPhato Rich Michalewlch Chris Mitchell Mark Moese Keith Ryan Deb Simmons Mid -Atlantic Gary Grinstead John Holleran Don Mayer Mike Shannon Vic Velez Ken Vinson Joe West Lane Willson Dave Wolfe Southeast Mack Astorga Paul Banks Ralph Bouton Jim Brickell Michael Coats Pat Flood Guy Frearson Bobble Hurley Bruce Koenig Jennifer Ledbetter Paul Newman Barry Pritchett Scott Ross Heather Royston David Simpson ENVIRONMENT- CORPO'fUYE—T----- ^ -- Kerry Adams Bruce Maisel Steve Corney Len Montigny Mike Clark John Nagy Joe Curreri Steve Rehfeldt Scott Ellis Mike Reach Paul Fenneily Dale Sands Ben Genes Susan Schultz Monty Lovejoy Rick Simon Jon Mahoney Phil Watts 3jPaSe Item 11. - 198 HB -524- Moot Southeast Mortheas Shariq Alam David Barth Karen Breslawskl Amltabh Banhakur Ladson M. Breaday, Jr. Sara Haga Bobbette Biddulph Fredalyn Frasier Lawrence Rosenbloom Linda A. Cheu W. Ronald Hunt Raphael Samach Andrew M. Cupples Jorge Iglesias Phillip Dunn Tim Jackson Midwest Matthew Earnest Lin Joyner Aaron Adilman Stephen Engblom Craig Kenyon Chris Brewer Charles Everett Larry Kline Meghan Harte Allen Folks Sharon Lamantia Steven E. Galloway Donald M. Loper Multi -Reason William Graham Enrique Maoia Charles P. Malacarne Richard M Hansen Avanes (Vano) 0. Haritunians Mid -Atlantic Comorate Steve Heipel Wade A. Anderson Jason Bowen Thomas F. Horan Mark L. Ballard Andrew Fiala Ray Hrenko Kenneth A. Ballard Mark Gundacker Alice Williams Hricak Christopher B. Bowers Gilda Malek Fred Jones Allen Crocker John Sorce Todd Kohli David Daileda Craig J. Martin Richard Dorrier Henry Pittner Ben J. Fink Michael E. Retford Jeff Ganthner Steven Eric Spickard Paul T. Garrison Rajan Sunder Jonathan Hopwood Marcia Tobin Kenneth Jandura Eric Wilson Jerry Jorge Steven Zimmerman Richard A. McSgveney Get W. Moy Southwest/Mountain Paul Moyer Aaron Adilman Mac Nichols David R. Campbell Robert V. Perry Shawn Halley Gregg W. Spagnolo Jay Hicks Stephen L. Sowder 3regory Hurst John H. Spyhalski Alden W. Jenkins Brian (Scott) Waters Craig J. Madin Bradley Wellington Jana McKenzie Joseph E. Wells Steven A. Lichtenberger Don Mills <Irk Rablus Nilliam G. Rauen rroy Russ Jason Uyeda red E. Wheaton 4(Page HB -525- Item 11. - 199 IN TESTIMONY WHEREOF, all the Directors have hereunto set their hands, effective the 1" day of January, 5 1 P a g e Item 11. - 200 HB -526- CERTIFICATE F LIABILITY INSURANCE DATE IYYYY) 03/25120112011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poi€cy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s). PRODUCER Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 9W17 CONTACT NAME` PHONE ttsl FC Ho E-MAIL PRODUCER CUST,QMER ID fY: . __..._- INSURER(S) AFFORDING COVERAGE NAIC N 06510 -ALL-PROF-11/12 Westfo MA INSURED INSURER A : Zurich American Insurance Company 16535 AECOM, Inc. AECOM Technical Services, Inc. flkla ENSR Corporation INSURER B : NIA INSURER C : N/A N/A 2 TECHNOLOGY PARK ORNE WESTFORD, MA 01W INSURER D : NIA _ - --- NIA INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: L08-001170561-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL UBR -� POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X GL0 596589103 (i4101/201 i 04I0112012 EACH OCCURRENCE $ 1 0W 000 REM RENTED PREMISES IS S Ea occurrence) $ 1,000,ODO MED EXP (An one person) $ 5,000 PERSONAL & ADV INJURY $ 1,0W,000 -- GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY D PRO- JECTLOC PRODUCTS -COMP/OP AGG $ 1. $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OVMED AUTOS X BAP 5965893 03 04101 /2011 0411012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000OW X BODILY INJURY person) $ BODILY INJURY (Per accident) $ 'PROPERTY DAMAGE (Per accident) $ u — $ $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMSWADE EACH OCCURRENCE $ El AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If as describe under DESCRIPTION OF OPERATIONS below N / A VNC STATU- OTH- I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT 1 ' $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additlonai Remarks Schedule, If more space is required) REF: PERMIT - ENCROACHMENTITRANSPORTATION PERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES AS ADDITIONAL INSURED ON THE INSURANCE CERTIFICATE FOR ENCROACHMENT ANDIOR TRANSPORTATION PERMITS. CITY OF HUNTINGTON BEACH ATTN: CHRISTI MENDOZA 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services David Denihan ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION --- LOS-001170561-23 DATE(MMIDDIYY) 03(2512011 _ .. _..__ .- -. PRODUCER ............ ..... Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street Los Angetes, CA 90017 06510-ALL-PROF: 11/12 Westfo MA INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER G: AECOM, Inc. -----._.__....-......_....._._._.. -----.._ ....,........... ..... . - AECOM Technical Services, Inc. INSURER H: Wa ENSR Corporation INSURER I: 2 TECHNOLOGY PARK DRIVE - INSURER J: WESTFORD, MA 01886 TEXT ..-- ....------ POLICY-- ...............- ._.,..._._..--............ ---._....-......------ ..._ ---- --- __.... MBER: GL0 596589103 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations(s) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 REF: PERMIT -ENCROACHMENT/TRANSPORTATIONPERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES Information required to complete this Schedule, 9 not shown above, will be shown in the Declarations Section 1€ - Who is An Insured is amended to Include as an additional insured the persons) or organizalion(s) shown in the Schedule, but only with respect to liability for "bodily injury, 'property damage' or'personal advertising injury` caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf, A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 CERTIFICATE HOLDER ,...-- _..--- -- ----------.-. . _..._._ ......---.. CITY OF HUNTINGTON BEACH ATTN: CHRISTI MENDOZA 20D0 MAIN STREET HUNTINGTON BEACH, CA 92648 Services ADDITIONAL INFORMATION LOS-001170561-23 DATE (MMIDI)IY ) 03I2512011 PRODUCER _.._. Marsh Risk & Insurance Services CA License #t0437163 777 South Figueroa Street Los Angeles, CA 90017 06610-ALL-PROF: 11112 Westto MA INSURERS AFFORDING COVERAGE NAIC # INSURED W INSURER G: AECOM,Inc. - .._.._........_...... ---------------- ._._..,...-- AECOM Technical Services, Inc. INSURER H: f1k1a ENSR Corporation INSURERI: ._...-......................_.._.__.-_....._----........_._..__.-. ----- 2 TECHNOLOGY PARK DRIVE INSURER J: WESTFORD, MA 01886 TEXT POLICY NUMBER: BAP596589303 ADDITIONAL INSURED -DESIGNATED PERSONS OR ORGANIZATIONS Named Insured: AECOM Technology Corporation Policy Symbol Policy Number Policy Period Effective Date of Endorsement 8AP BAP 5965893 03 4/1/2011 - 4J112012 4110011 Issued By (Name of Insurance Company) Zurich American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured (s): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 REF: PERMIT - ENCROACHMENT1fRANSPORTATION PERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES ANY AUTO A. For a covered "auto" Who Is Insured is changed to include as an *insured.' the persons or organizations named in this endorsement. However, these persons or organizations are an 'insured" only for 'bod4y injury' or'property damage resulting from acts or omissions of: 1. You. 2. Any of your employees or agents, 3. Any person operating a oovored "auto' with permission from You, any of your employees or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. CA 1028 CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH ATTN: CHRISTI MENDOZA 2000 MAIN STREET HUNTINGTON BEACH, CA 9264E U.ITRORIZEU REPRESENTATIVE of Marsh Risk & Insurance Servfces David Denihan - �� LADMONAL �i� FOR M/�ATll�N LOS-001170561-23 DA500111 DDrvY) 0312/201 PRODUCER -.._... —— --- Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 90017 06510-ALL-PROF.-11112 Westfc MA _ INSURERS AFFORDING COVERAGE NAIC # INSURED ENSURER G: AECOM, Inc. AECOM Technical Services, Inc. INSURER H. fWa ENSR Corporation INSURER I: 2 TECHNOLOGY PARK DRIVE � INSURER J: — WESTFORD, MA 018M TEXT POLICY NUMBER: GLO 5965891 03 ' COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): CITY OF HUNTINGTON BEACH 2000 MAIN STREET' HUNTINGTON BEACH, CA 92648 REF: PERMIT- ENCROACHMENT/TRANSPORATATION PERMITS THE CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS, & EMPLOYEES Location And Description Of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11- Who is An Insured is amended to include as an additional insured the person(s) or organizationts) shown in the Schedule, but only with respect to liability for 'bodily injury' or 'property dam -age' caused, in whole or in part, by'your work' at the location designated and described in the sched-ule of this endorsement performed for that additional insured and included in the'products-completed operations hazard'. CG 20 37 07 04 0ISO Properties, Inc., 2006 Page 1 of 1 CERTIFICATE HOLDER CITY OF HUNTINGTON BEACH ATM CHRISTI MENDOZA 2000 MAIN STREET HUNTINGTON ]BEACH, CA 92648 of Marsh Risk & Insurance Services David Denlhan ��, e CERTIFICATE OF LIABILITY INSURANCE 4/t/zol2 DA4/1/2/DD/YYYY) 4/1/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC 19800 MacArthur Blvd., Suite 550 CA License #715767 Irvine 92612 949-252-4400 NAME: FAX A/c No, EXt : A/C, No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Cc of America 25674 INSURED AECOM Technology Corporation 1075642 AECOM Technical Services, Inc 440 Stevens Avenue, Suite 250 Solana Beach CA 92075 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES AECTE01 OE CERTIFICATE NUMBER: 10915099 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NS LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE XXXXXXX GENERAL LIABILITY NOT APPLICABLE AGECOMMERCIAL PREM SES RENTED occurrence) XXXXXXX CLAIMS -MADE OCCUR ME EXP An one person)XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ XXXXXXX PRO - POLICY JECT LOC $ AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE BINEDaccidenISINGLE LIMIT (COMBINED $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ALLOWNED AUTOSCHS SULED BODILY INJURY (Per accident $ XXXXXXX PROPERTY DAMAGE Per accident $ XrXXXXrXXr NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS -MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED I I RETENTION $ $ A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFF ICER/MEMBEREXCLUDED' N❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A N TRJUB-4245B231-11 ( AZ,MA,OR,WI TC2JUB-4245B22A-11 (All Other States) 4/1/2011 4/1/2011 4/1/2012 4/1/2012 WC STATU- OTH- X TORY LIMITS I FIR E.L. EACH ACCIDENT Is 1,000,000 E.L. DISEASE -EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, If more space is required) ULKI IFIGAI t HULUt.K GANGELLAIIUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10915089 AUTHORIZED REPRESENTATIVE City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 1 74! t ACORD 25 (20101051 @ 119188-20116-AwftD C RPORATION. All riahts reserved The ACORD name and logo are registered marks of ACORD UNANIMOUS ACTION OF THE BARD OF DIRECTORS OF AECOM TECHNICAL SERVICES, INC. The undersigned, being all the members of the Board of Directors of AECOM TECHNICAL SERVICES, INC. (the "Corporation"), a California corporation, hereby take the following action, effective January 1, 2010: RESOLVED, that in addition to all Senior Vice Presidents and above as set forth in Article IX, Section 16 of the Restated By -Laws as amended, the following persons are designated with authority by the Board of Directors, to execute contracts and other legal documents on behalf of the corporation or its divisions: Midwes Northeast West Joe Becker John Azzaro Randy Alshuler James Carter Frank Baragona Bill Burton Denise Casalino Andrew Cairns Mohan Char Joe Catalano Pompeo Casale Dan Davis Ken Coulter Thomas Cascino Nick Davoren David Hansen Steve Dempsey James Faber Jeff Hanson Caroline Downing Mike Gasparro Mark Lucas Frank LaPlaca Gene Grill! Mike Proboske Robert Lowe Neil Harris Charlie Manning Greg Heinz Mid-AtlantIc Mike McCarthy Peter Ho Paul Anderson Kevin Pierce Robert Johansen Kenneth Butler Robert Pinghero Richard Leja Steven J. Chapin Bob Pittman Peter Lim Lou Cornell Terry Rookard Kathy Mayo Joe DiCarlo John Seaboldt Chris Mockus Dan Faust Nicholas Spaventa Mario Montes Roger Heebner Christine Tiernan William Nasciemento Jack S. Hodge Joseph Zafonte John Prizner Gary Hulifish Armando Ramirez Bruce Kay Tom Kirby 994hagaion Pat Somerville Christopher Lloyd David Brown Charles Stark Bijan Pashanamaei Michael Chalmers Chuck Tran Glen Vasquez Matt Cummings William A. Woodford Jim De la Loza Southwest Mountain Jay Duncan Scott Cooper Southeast Robert Edelstein Steve Fowler Dave Gorden Tom Hessiing Michael Hegarty Tom Marwood David Levy Craig Hester Bruce Moulds Dennis Miller Mark Mehalko Pam Townsend Bruce Molds Steve O'Brien Tom Vokoun Abbas $armed RA Plummer Mike Sweeney Jay Van Echo Rachel Vandenberg Steve Wilcox Thomas Waldron Greg Yates ��Page West Chris Alario Keith T. Campbell Olivia Chen R. Dan Ellison Jon Hanlon Glen M. Hille Ben P. Horn Brian L. Jordan John F. Kinneen. Rae Loui Thomas Meichtry Rudy Mina Martin Nakasone Michael K. Nunley Mark P. Reitz Gary W. Rogers Eugene "Skip" Shank Gerald Shrope Matthew Thomas Robert Ward Alan K. Wong Derrick Wong Southwest/Mountain Steve Berckenhoff Daron Butler Jay Canine Chris Chen Don D'Adam Blaine Dwyer Shelby Eckols John Elorriag'a Joe King Lee Undeen Becky Olive David Parkhill Bart Standley MKW-es Cuneyt Feizolof Todd Frauhiger Mike Gatzow Matt Koch Ron Palmieri Steve Peterson Lucy Pugh fNulti-Reaion Scott Solverson Jim Chaffee Mike Russel Marty Doward Mike Witwer Scott Edelman Chris Yamaya Steve Johnson ENERGY -- Larry Bochet Joseph Broderick 'Dan Estrada% Steve Mello IPeter Rooney .___.__ ------ e5 _ David W _Huch�l Daniel R. McKelvie . Gil Mulhere Rick Yauney Southwest/Mountain Pam Hoebener 2 1 P a g e Andy Haubert Jamie Matus Paul Roy Paul Tarvin Mike Wheeler Midwest Raylana Anderson Northeast Robert Orlin Dan Sawh Jack Ward Mid -Atlantic Steve Siuso Troy Kincer Carl Lay Jim Richards Jake Vittands Northeast Joseph Falbo William J. Bent David Blair John Cardoni Donald Chelton Eugene De Stefano Robert Jarnis Dick Jubinville James Peter Robert Scherpf Dennis Setzko Betsy Shreve-Gibb Paul Storella Southeast Ron Armstrong Bijoy Ghosh Lee Grant Lennart J. Undahl Southeast Daniel Donahue Rob Friedel MUI&Miffl Cyd Brandvein Ron Osborne Wes Shimoda 1 West 'Robin Cababa Joel Farrier Luis Fraticelii Steve Howard Ray Kahler Chuck Katz Don Koch Mark Luttrell Dave Van Mullem Jim Oosterhoudt Eric Peterson Marc Peterson Mizan Rashid Travis Taylor Jane Thomas Tom Waller Brian Weith Southwest/Mountain Jim Brackett Scott Duncan Carl Forbes Lucy Fraiser Phil Hackney Chuck Luyten Kent Miller Rami Naddy Marcos Silvestri Rick Smith ENVIRONMENT- CORPORATE Midvuest Paul Blindauer Ken Bergschultz Kevin Brehm Nizar Hindi Ivan Martysz Roger Miller Steve Nalefski Matt Peak Ron Roelker Dave Senfelds Steve Schubring Bill Solberg Dawn Swider Northeast Steve Atter John Albrecht Kate Barnicle Rick Brannon Jim Coyle Mark Corey Don Dwight Dave Espy Robertlwanchuk Jim Kaczor Matt Kennedy All LoPilato Rich Michaiewich Chris Mitchell Mark Mosse Keith Ryan Deb Simmons Mid -Atlantic Gary Grinstead John Holleran Don Mayer Mike Shannon Vic Velez Ken Vinson Joe West Lane Willson Dave Wolfe Southeast Mack Astorga Paul Banks Ralph Bouton Jim Brickell Michael Coats Pat Flood Guy Frearson Bobbie Hurley Bruce Koenig Jennifer Ledbetter Paul Newman Barry Pritchett Scott Ross Heather Royston David Simpson Kerry Adams Bruce Maisel Steve Corney Len Montigny Mike Clark John Nagy Joe Curred Steve Reinfeldt Scott Ellis Mike Resch Paul Fennelly Dale Sands Ben Genes Susan Schultz Monty Lovejoy Rick Simon Jon Mahoney Phil Watts ��Page Vyest Shaflq Alam Amitabh Barthakur Bobbette Biddulph Linda A. Cheu Andrew M. Cupples Phillip Dunn Matthew Earnest Stephen Engbiom Charles Everett Allen Folks Steven E. Galloway William Graham Richard M. Hansen Avanes (Vano) 0. Haritunians Steve Heipel Thomas F. Horan Ray Hrenko Alice Williams Hricak Fred Jones Todd Kohli Craig J. Martin Henry Pittner Michael E. Retford Steven Eric Spickard Rajan Sunder Marcia Tobin Eric Wilson Steven Zimmerman Southwest/Mountain Aaron Adilman David R. Campbell Shawn Halley Jay Hicks Gregory Hurst Alden W. Jenkins Craig J. Martin Jana McKenzie Steven A. Lichtenberger Don Mills Kirk Rabius William G. Rauen Troy Russ Jason Uyeda Ted E. Wheaton 4 1 P a g e Southeast David Barth Ladson M. Breariey, Jr Fredalyn Frasier W. Ronald Hunt Jorge Iglesias Tim Jackson Lin Joyner Craig Kenyon Larry Kline Sharon Lamantia Donald M. Loper Enrique Macia Mid -Atlantic Wade A. Anderson Mark L. Ballard Kenneth A. Ballard Christopher B. Bowers Allen Crocker David Daileda Richard Dorder Ben J. Fink Jeff Ganthner Paul T. Garrison Jonathan Hopwood Kenneth Jandura Jerry Jorge Richard A. McSeveney Get W. Moy Paul Moyer Mac Nichols Robert V. Perry Gregg W. Spagnolo Stephen L. Sowder John H. Spyhalski Brian (Scott) Waters Bradley Wellington Joseph E. Wells northeast Karen Breslawskl Sara Haga Lawrence Rosenbloom Raphael Samach Midwest Aaron Adilman Chris Brewer Meghan Harte Multi-Remion Charles P. Malacarne Corporate Jason Bowen Andrew Fiala Mark Gundacker Gilda Malek John Sorce IN TESTIMONY WHEREOF, all the Directors have hereunto set their hands, effective the 16t day of January, 2010 Alan Krust Joe' 6 wn t..� 5 1 P a g e l John Kinl , } Robert Weber ATTAC H M E N T #7 RESOLUTION NO. 2011- 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A LOAN FROM THE CITY'S WATER FUND TO THE CITY'S GENERAL FUND FOR THE PURPOSE OF FUNDING ENERGY CONSERVATION MEASURES WHEREAS, on June 6, 2011, the City Council of the City of Hunting Beach (the "City") adopted a plan for Energy Conservation Measures; and The City has determined that it is more cost effective to loan funds from the Water Fund to the General Fund to pay for Energy Conservation Measures rather than secure third party financing; and The City has determined that there are sufficient unencumbered Water funds available in such that the City will not violate City Council policy on reserve fund balances or investments; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the City of Huntington Beach supports a commitment to sustainable practices through energy efficiency, and provides leadership and guidance in promoting, facilitating, and instituting such practices in the community. 2. That the City of Huntington Beach supports and endorses the Southern California Edison Orange County Cities Energy Leader Partnership as an effective method to help meet community economic and environmental goals. 3. That the City of Huntington Beach formally adopts the 2011 Huntington Beach Energy Action plan thereby achieving Gold Partner Status within Southern California Edison's Orange County Cities Energy Leader Local Government Partnership. 4. Agree to a loan from the Water Fund to the General Fund in the amount of $1,675,000, as evidenced by an Interfund Loan Agreement dated June 6, 2011, the form of which is attached to this resolution. Resolution No. 2011-37 PASSED AND ADOPTED by the City of Huntington Beach at a regular meeting thereof held on the 6`i' day of June, 2011. ED: e Mayor INIKAND APPROVED: a"'L� fallll� Director of Finance3, F� APPROVED AS TO FORM: �J yam,)� { "Attolney f) ) V - 1-3- 1 ( Resolution No. 2011-37 INTERF IJND LOAN AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH WATER FUND AND GENERAL FUND The following is an interfund loan agreement by and between the Water Fund (Fund 506) and the General Fund (Fund 100). The Water Fund is loaning the General Fund $1,675,000 in accordance with Resolution No2011-37bf the City of Huntington Beach as of June 6, 201 L , Amount of loan: $1,675,000 Variable Interest Rate: Based on City Treasurer's annual return on investments Term: 10 annual payments starting on September 30, 2012 and paid on September 30tt' of each subsequent year with final payment due on September 30, 2021. Payment Schedule: Pmt # Date Payment 1 9/30/2012 200,000 2 9/30/2013 200,000 3 9/30/2014 200,000 4 9/30/2015 200,000 5 9/30/2016 200,000 6 9/30/2017 200,000 7 9/30/2018 200,000 8 9/30/2019 200,000 9 9/30/2020 200,000 10 9/30/2021 185,138.62 Final payment is estimated and is subject to change due to variable interest rate. Amortization schedule as detailed in Exhibit A attached hereto and incorporated herein by reference. The loan and the interest shall be payable from energy savings realized in the General Fund from the AECOM Efficiency Project, but, is not limited to these savings. The General Fund may prepay additional amounts or repay the entire loan to the Water Fund before the scheduled payments are due with no prepayment penalties. This Agreement was approved by a resolution of the City Council at its meeting held on June 6tb, 2011 AC EDGED: ed ilson Lori Ann Farrell City Manager Director of Finance Approved as to form: Je 'fer McGrath City Attorney Resolution No. 2011-37 Exhibit A 5/27/2011 3:36 PM Page 1 Interfund Loan from Water Fund (506) to General Fund (100) for Energy Efficiency Project Compound Period: Annual Estimated Nominal Annual Rate: 3.000% Actual interest rate applied to the loan will be equal to the City Treasurer's annual return on investments. CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 6/6/2011 1,675,000.00 1 2 Payment 9/30/2012 200,000.00 9 Annual 9/30/2020 3 Payment 9/30/2021 185,138.62 1 The first 9 payments will will be $200,000 and the final payment will be adjusted based on the remaining balance after the actual interest rate is applied over the term of the loan. AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 6/6/2011 1,675,000.00 1 9/30/2012 200,000.00 69,676.79 130,323.21 1,544,676.79 2 9/30/2013 200,000.00 46,340.30 153,659.70 1,391,017.09 3 9/30/2014 200,000.00 41,730.51 158,269.49 1,232,747.60 4 9/30/2015 200,000.00 36,982.43 163,017.57 1,069,730.03 5 9/30/2016 200,000.00 32,091.90 167,908.10 901,821.93 6 9/30/2017 200,000.00 27,054.66 172,945.34 728,876.59 7 9/30/2018 200,000.00 21,866.30 178,133.70 550,742.89 8 9/30/2019 200,000.00 16,522.29 183,477.71 367,265.18 9 9/30/2020 200,000.00 11,017.96 188,982.04 178,283.14 10 9/30/2021 185,138.62 10,857.43 178,283.14 0.00 Grand Totals 1,985,138.62 314,140.57 1,675,000.00 Res. No. 2011-37 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on June 6, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None y Clerk and ex-offic Clerk of the City Council of the City of Huntington Beach, California NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING AWARD OF A ENERGY CONSERVATION CONTRACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 4217. NOTICE IS HERE BY GIVEN that at 6pm or as soon thereafter as the matter can be heard, on Monday, June 6th, 2011 in the Council Chambers, 2000 Main Street, Huntington Beach, CA, the City Council will conduct a public hearing as required by Section 4217 of California Government Code, at which it will hear and consider information concerning a proposal to award an energy services construction contract for energy efficiency improvements to City facilities. Those wishing to comment on the proposed project may either appear in person at the public hearing or submit written comments, which must be received by the City prior to the hearing. Written comments should be sent to 2000 Main Street, Huntington Beach, CA 92648 Attention: City Clerk. Joan L. Flynn, City Clerk CITY OF HUNTINGTON BEACH 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 CityClerkA_ ends _surfcity-hb.org http://www.huntingtonbeachca.gov/ Dated: May 19, 2011 Energy Savings Performanc Contract City Council June 6th, 2011 Energy Savings Performance°_: Contracting` 4 o Provides budget neutral tool to = upgrade energy and other infrastructure creating utility ` savings to pay for the upgrades y o July 6th, 2010 council approved a contract for an Investment Grade Assessment (IGA) report o This award was made competitively o IGA becomes the scope of work State -of -;the -art, streamlined, and effective eoergy efficiency & sustain,ibif.ty 1 Scope of Work • Lighting, controls and HVAC retrofits • IS Server room updates • City Gym boiler & water treatment • Sr. Ctr. furnace replacement • Fire Station HVAC rehabilitation o Civic Center & Central Library parking lot rehabilitation State-of-the-art, streamlined, and effective eitergy e!-A,-Jency & surstairflabifily am * 1,859,644 KWh annually * 37,507 therms annually • $241,833 annual savings based on last year's energy prices • 1,470 metric tons of avoided emissions o Supports Energy Action Plan document adopted by council in April State-of-the-art, streamlined, and effective ire r( jy ". / , I effidency & suslainabi i,y 2 Fund sources o Grants and incentives (47%) o Debt financing (53%) o Payments of $200,00 are less than the savings $241,833 o Protects the city from rising energy costs in future years o Protects the environment Stake -of -the -art, streamlined, and effective erreryy effici rrcy & srrstaavifity Inter -fund loan o $1.675M c, Funds measures that weren't able to be funded out of grants/incentives and maximizes the energy savings * 10 year term * $200,000 annual payment o Interest rate based on City Treasurer's annual return * Saves N$200K in transaction costs o Provides more competitive interest rate State-of-the-art, streamlined, and effective energy efficiency & susta rrabiflty, K, Gov't. Code 4217 o Code provides local governments and public agencies energy specific authority o Requires a public hearing and certain findings o Commonly used by CA local governments to enter into energy projects o HB used this provision in 1999 State -off the -art, streamlined. and effective enelgv efficiency & sustar,7a!�,,Wfy Gov't. Code 4217 o In HB's case the finance and procurement provisions allow additional flexibility and latitude to structure agreements that economic benefits are maximized and financing costs are minimized o AECOM is committed to competitive bidding and awarding subcontracts on a best value basis State-of-the-art, streamlined, and effective energy effc}ettcy 41,,� 5U.513iir, bill y 11I HB Energy Successes o Monitoring Based Commissioning o PC network software o Downtown Streetlights o Utility Bill Audit o Totaling $332,814 in savings o Solar Project - budget neutral o Energy Performance Contract (tonight) State -oaf -the -art, streamlined, and effective energy efficiency 4t Sti bf;?f7T�ulti,}i Recommended Action A. Make the findings that funds for repayment are } projected to be available from the funding that otherwise would have been used for purchase of energy; and, r B. Award and authorize the Mayor and City Clerk to execute the Agreement, in the amount of $3,069,487 c. Approve and adopt resolution No. 2011-37 authorizing a $1,675,000 inter -fund loan D. Appropriate funds in the amount of $300,000 for the rehabilitation of deferred maintenance items in parking lots, waive public bidding and authorize staff to procure contract services not to exceed $300,000. E. Authorize City Manager to execute any subsequent documents approved as to form by the City Attorney necessary to advance, manage and complete the project. State-of-the-art, streamlined, and effective ;r rgy eff,c ency & s3U-5t ; 7. 1hifi,y 61 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk June 9, 2011 AECOM Technical Services, Inc. Attn: Dan Estrada 440 Stevens Avenue, Suite 250 Solana Beach, CA 92075 Dear Mr. Estrada: Enclosed for your records is a fully executed duplicate original of the Agreement for Program Management Services for Design and Build of Energy Conservation Measures. Sincerely, JF.pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand