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HomeMy WebLinkAboutDigital Energy, Inc. - 2009-04-20Council/Agency Meeting Held: ZR6 D Deferred/Continued to: *App ved ❑ Conditionally Approved ❑ Denied City k's Si ature ff Council Meeting Date: 4/20/2009 Department ID Number: 09-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITt(IUNCIL MEMBERS SUBMITTEDBY: FREDA. WILSON, CITY ADMINIOR PREPARED BY: Bob Hall, Deputy City Administrat SUBJECT: Phase 1 Energy Efficiency Projects Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In the 2007/08 Capital Improvement Program (CIP) the city budgeted $175,000 for energy efficient lighting based on a simple energy efficiency study. Council is being asked to consider and approve changes to the project scope of work, incentive funding, Utility Prepaids account and subsequent reimbursement and approve a professional services contract to implement a significant portion of this work. Funding Source: Funding Source: Funding Amount: HB CIP Funds - Budgeted $175,000 SCE (incentive funding to maximize energy savings) $347,265 SCG (incentive funding to maximize energy savings) $48,000 Total Project Budget $570,265 It is necessary for the city to advance the funds to contract for the qualifying energy saving activities in the project. At project completion (September 2009) the Utility Prepaids account will be reimbursed in full. The revised scope of work will reduce the city's utility costs by about $330,000 annually. Recommended Action: Motion to: 1. Approve the revised project scope of work. 2. Approve and authorize the acceptance of the incentive funding from SCE & SCG. 3. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Digital Energy, Inc. for Retro- Commissioning Services. Alternative Action(s)- Do not approve the revised project scope of work and instruct staff on how to proceed. Do not approve the Professional Services Contract between the City of Huntington Beach and Digital Energy, Inc. for Retro-Commissioning. Services and instruct staff on how to proceed. Analysis: Energy Efficient Lighting was approved as part of the Capital Improvement plan. Subsequently, staff has made recommendations to alter the scope of work to maximize the energy savings, greenhouse gas emission reductions and available incentive funding. This change in project scope will maximize the value to the city for this expenditure. The previously approved energy efficient lighting project had lower energy savings and utility incentives. Staff recommends that the scope of work be modified and expanded to include the following activities that increase the energy savings and incentives: 1. Retro-commission (comprehensive building tune-up) of the Civic Center 2. Retro-commission (comprehensive building tune-up) of the Central Library 3. Replace inefficient computer room air conditioning units with one efficient unit 4. Save energy by further reducing the number of computer servers through installation of server virtualization software 5. Install computer network energy management software 6.. Create several conceptual designs for better quality and more efficient lighting at the Pier, Pier Plaza and Main Street. Retrofit up to 3 blocks of Main Street with the selected design. The revised scope of work is estimated to save Huntington Beach $330,000 annually providing a simple payback of about 6 months and a return on the city's investment of 192% over 10 years. Additionally, this project is projected to reduce Huntington Beach's greenhouse gas emissions from municipal operations by 5%. The City Council approved a local government energy efficiency partnership with Southern California Edison (SCE) on February 2, 2009. This partnership provides enhanced incentives for energy saving projects in municipal facilities. For the revised scope of work incentive funding for these projects is paid in arrears and could be up to 70% of the overall project cost depending on the actual project costs. Utility incentive funding is directly tied to quantities of energy saved, with matching funds requirements and paid in arrears. Incentives paid by SCE and SCG will be reimbursed to the Utility Prepaids account. The professional services agreement with Digital Energy was obtained through the Municipal Code 3.03.080 4. b. Other Inter -Agency agreements policy. Specifically, the California State University System's Commissioning Master Enabling Agreement was utilized to comply with this policy. - Building commissioning is the process of ensuring that systems are designed, installed, functionally tested and capable of being operated and maintained according to the owner's -3- 4/6/2009 11:17 AM operational needs. Commissioning is performed in new construction projects and in major capital improvements or retrofits. Retro-commissioning is the systematic investigation process applied to existing buildings to improve and optimize energy consumption, occupant comfort and operations & maintenance procedures. Three proposals were requested and received. A selection was made based on Municipal Code 3.03.040 selection guidelines for professional services. The most responsive and responsible proposal was for $156,890 to retro-commission both Civic Center and Central Library. Subsequent negotiations with the vendor reduced the labor rates by 5% reducing the contract to $149,136. The balance of the procurement and contracting activities necessary to complete this work will consist of maintenance services that repair and replace HVAC equipment and additional licenses for energy saving software. Strategic Plan Goal: F-1 Create long-term strategies for funding the backlog of capital projects and maintenance requirements. 1-2 Improve the energy efficiency of City equipment, vehicles and buildings. Environmental Status: Not Applicable Attachment(s): -4- 4/6/2009 11:17 AM ATTACHMENT #1 2 3 4 5 6 7 0 4 10 l| 12 13 14 15 16 17 l@ lq 20 21 22 2 3 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DIGITAL ENERGY, INC. FOR RETRO-COMMISSIONING SERVICES Table ofContents ScopenfServices ..................................................................................................... l CityStaff Assistance ................................................................................................ 2 Term; Time o[Performance ..................................................................................... 2 Compensation........................................................................................................''2 ExtraWork ............................................................................................................... 2 Methodof Payment ............. ..................................................................................... 3 Disposition ufPlans, Estimates and Other Documents ........................................... 3 HoldHarmless ......................................................................................................... 3 Professional Liability Insurance ............................................................................. 4 Certificate nfInsurance ............................................................................................ 5 Independent Contractor ............................................................................................ 6 Termination of Agreement -------------------.---------6 Assignment and Delegation ----------------------------..h -----------------------._--.--.---.7 City Employees and Officials .................................................................................. 7 Notices......................................................................................... 7 Consent.................................................................................................................... N Modification ..........................................................................................................'8 Section Headings ---------------------------------..8 Interpretation of this Agreement --------------------------8 Duplicate Original --------------------------------..4 Immigration ............................................................................................................''9 Legal Services Subcontracting Prohibited ................................................................ 4 Attorney'sFees .......................................................................................................... lO Survival..................................................................................................................... ]0 GoverningLaw ......................................................................................................... l0 Signatories -------------------------------------.l0 Entirety --------------------.---------------.---..l0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DIGITAL ENERGY, INC. FOR RETRO-COMMISSIONING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Digital Energy, Inc. hereinafter referred to as "CONSULTANT." a corporation WHEREAS, CITY desires to engage the services of a consultant to provide Retro-Commissioning Services _; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Jairam Agaram who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfnet/professional sves mayor I of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMAN Time is of the essence of this Agreement. The services of CONSULTANT are to commence on /L, o , 200_9 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, One Hundred Forty Nine Thousand One including all costs and expenses, not to exceed Hundred Thirty six Dollars ($ 149,136.00 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/ surfnet/professional Svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/ surfnet/professional Svcs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harniless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/ surfnet/professional sves mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time .with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in, Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/ surfnet/professional svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Aaron Klemm, Energy Project Manager 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Digital Energy, Inc. ATTN: Jairam Agararn 125 Auburn Ct., Ste. 106 Westlake Village, CA 91362 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/ surfnet/professional svcs mayor 7 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be agree/ surfnet/professional sves mayor 8 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/ surfnet/professional Svcs mayor 9 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT'S initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/ surfiiet/professional Svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, DIGITAL ENERGY, INC. COMPANY NAM By: t P name ITS: (circle one) Ch ma r sident Vice President AND By: Jairam Aram print nai' ITS: (circle one eta '� ief Financial Officer/Asst. Secretary <frieasurer -� INITIAAD AND APPROVED: 61:;�) �'-) �` f+7 cs►is Difectrn" REVIE F APPROVED: PC`y/Ad-m-inistrator APPROVED AS TO FORM: C :FJ- �eu�� City Attorney agree/ surfnet/professional Svcs mayor It of I 1 12/07 77 of r Late , allfornla 5 NF Nevin 0FIeuCy Secretary of State STATEMENT OF INFORMATION OALlFORN�p (Domestic Stock Corporation) FEES (Filing and Disclosure): $25.00. If amendment, see instructions. IMPORTANT— READ INSTRUCTIONS BEFORE COMPLETING THIS FORM 1. CORPORATE NAME (Please do not alter if name is preprinted.) C2216357 DIGITAL ENERGY, INC. 650 HAMPSHIRE RD STE 204 WESTLAKE VILLAGE CA 91361 This Space For Filing Use Only DUE DATE: 05-31-05 CALIFORNIA CORPORATE DISCLOSURE ACT (Corporations Code section 1502A) A publicly traded corporation must file with the Secretary of State a Corporate Disclosure Statement (Form SI-PT) annually, within 150 days after the end of its fiscal xear. Please see reverse for additional information regarding ublicl traded corporations. NO CHANGE STATEMENT 2. n If there has been no change in any of the information contained in the last Statement of Information filed with the Secretary of State, check the box and proceed to Item 15. If there have been any changes to the information contained in the last Statement of Information filed with the Secretary of State, or no statement has been previously filed, this form must be completed in its entirety. COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city. Items 3 and 4 cannot be P.O. Boxes.) 3. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY AND STATE ZIP CODE 123 Luburn Court, Suite 106 Westlake Village, CA 91362 __. 4, STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE CA NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS (The corporation must have these three officers. A comparable title for the specific officer may be added, however, the preprinted titles on this form must not be altered.) 5. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY AND STATE ZIP CODE 128 Auburn Court, Suite 106 Westlake Village, CA 91362 6. SECRETARY/ ADDRESS `~` CITY AND STATE ZIP CODE 7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY AND STATE ZIP CODE Lcaam same NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS, INCLUDING DIRECTORS WHO ARE ALSO OFFICERS (The corporation must have at least one director. Attach additional pages, if necessary.) 8. NAME ADDRESS CITY AND STATE Z P CO E Awram 12f3 Auburn Court, :�'uite 106 Westlake Village, CA 9R 36T _ 9. NAME ADDRESS CITY AND STATE ZIP CODE 10. NAME ADDRESS CITY AND STATE .., ZIP CODE 11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent must reside in California and Item 13 must be completed with a Californi address. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 13 must be left blank.) 12. NAME OF AGENT FOR SERVICE OF PROCESS Jairam Agaram 13. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 128 Auburn Court, Suite 106 Westlake Village CA 91362 TYPE OF BUSINESS yr i " i lulu F_ ,nergy Engineering Consulting Firm 15, BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. Jairam Acraram -President _ 5/23/05 TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM SIGNATURE TITLE DATE SI-200 N/C (REV 09/2004) APPROVED BY SECRETARY OF STATE_ 014478S EXHIBIT "A" A. STATEMENT OF WORD: CONSULTANT shall provide commissioning agent services for the City of Huntington Beach Civic Center Jail Complex and Central Library. The CITY has the option of expanding the services to additional buildings in the future. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT shall perform tasks as specified in Exhibits A.I. The projects must be completed by September 30, 2009, unless mutually agreed upon by CONSULTANT, CITY, Southern California Edison and Southern California Gas Company. C. CITY'S DUTIES AND RESPONSIBILITIES: CITY staff shall perform tasks as specified in Exhibit A.2. D. WORD PROGRAM/PROJECT SCHEDULE: CONSULTANT shall follow the milestone schedule specified in Section B of Exhibit A.l. jmp/contracts group/exA/3/25/09 I of I EXHIBIT A.1 Monitoring -Based Commissioning Scope of Work A. RETRO-COMMISSIONING TASKS The range of tasks to be accomplished for the Retro-Commissioning project is indicated below. Deliverables are described in the next section. 1.2 Planning Phase Convene Kickoff Meeting Organize and facilitate a meeting to introduce the Retro-Commissioning Project Team, outline the Retro-Commissioning Services process, and review work scope and goals. Develop Retro-Commissioning Findings Log Template Develop a template document to record and track issues identified during the Planning, Pre -Investigation, Investigation, and Handoff Phases. This document will be continually updated, and the latest version shall be submitted to the Retro -Commissioning Project Team at the end of each phase of development. A summary report shall also be defined to allow for quick "at -a -glance" review of the status of outstanding issues. See Table 1 in Section 1.3. for a listing of the fields that should be included in the template document. (note that not all fields will be relevant in all cases.) 1.3 Conduct Initial Site Assessment Walk through the facility and observe the condition of the subject equipment, noting obvious indicators of potential savings, and equipment or operational problems. 1.4 Define Operational Requirements Meet with owner's representatives and determine the intended operation of the facility such as hours of operation, required space temperatures, required humidity levels, etc. 1.5 Catalog Known Issues and Improvement Opportunities Review facility operating logs or conduct interviews in order to identify the improvement opportunities. This might include items such as addressing EMCS/controls problems, maintenance concerns, repeated comfort complaints, indoor air quality concerns, or equipment noise problems. 02/16/05 1 of 15 IWXI r aW1 .... 1.6 Identify Available and Missing Documentation Identify the existence of key equipment or system documentation, determine its location, and assess its accuracy and completeness. Identify any missing documentation. The identified documentation may include items such as as -built drawings, construction drawings, energy bills, equipment manuals, specifications, warranties and cut sheets, test and balance reports, control points list, and operating schedules. 1.7 Define Monitoring Objectives and Requirements Determine and document the objectives for monitoring within the Retro-Commissioning project and the associated requirements. This should include items such as points to be monitored, required accuracy of data, frequency of measurement and downloads, communications capabilities, storage requirements, and pre-processing and analysis of data. 1.8 Develop Retro-Commissioning Plan (Planning Phase) Create an Retro-Commissioning Plan document to include the items specified in Table 2. 1.9 Develop Measurement and Verification Plan Create a Measurement and Verification plan to identify how the savings from the project will be estimated upon completion of the project. The plan should also address ongoing savings past this date. Savings shall include both energy savings and maintenance savings. This shall include the topics specified in Table 3. 1.10 Present Plans to the Retro-Commissioning Project Team ........ Submit Retro-Commissioning and M&V Plans to the owner, and present the plan at a meeting with the Retro-Commissioning Project Team. Revise the plan as needed to implement Project Team recommendations. 1.11 Update Retro-Commissioning Findings Log Review Retro-Commissioning Findings Log to ensure that it is complete and that the status of issues is up-to-date. 02/16/05 2 of 15 EXHIBTT A.1 Identify preventative maintenance activities that must be accomplished before a meaningful investigation can be conducted. This may include items such as maintaining sensors and actuators that are known to require maintenance, or adding refrigerant charge to rooftop units. 2.2 Evaluate Existing Monitoring Systems Look at building plans and walk-through the building to determine the capabilities of the existing monitoring systems, in comparison with the Retro-Commissioning program requirements. Identify system deficiencies that will have to be addressed before monitoring can commence. 2.3 Calibrate Sensors 2.4 Calibrate any of the sensors that are required for commissioning and in need of calibration. Document calibration activities. Upgrade FMCS or Install Monitoring Equipment Determine a plan for supplementing the existing monitoring capabilities, which might include upgrading the existing capabilities or installing monitoring equipment. Develop specifications for system instrumentation to be procured and installed and identify suitable providers. Procure instrumentation. Install instrumentation. Commission instrumentation. 2.5 Setup Trends and Data Collection Routines Identify the points that are to be monitored and the sampling and download frequencies. A sampling rate of five minutes or less is recommended for most points. The download frequency will depend on the analysis and diagnostics planned, but should probably be at least weekly. Setup trends in the EMCS software to begin collecting these data. Setup and test any necessary mechanisms to transfer data to a central platform for analysis. If data loggers are installed, program them to collect the necessary information and subsequently transfer the information to a central platform for analysis. Test the communications mechanisms to ensure that data are transferred reliably. 2.6 Collect Sample Data 02/16/05 3 of 15 EXHIBIT A.1 02/16/05 4 of 15 EXHIBIT A.1 . Define Functional Performance Testing needed to identify further Improvement Opportunities. 3.4 Establish a Baseline Analyze utility and collected data to establish building, system, or equipment baseline performance. 3.5 Conduct Functional Performance Testing Determine the objectives and scope of Functional Performance Testing. Draft and submit a Functional Performance Test protocol. See, for example, the Functional Test Guide and the Commissioning Functional Test Protocol Library at http:,%/buiIdi i lg lb1.sgovlipcbs ftg. ... ....... Perform Functional Performance Testing. Witness Functional Performance Testing. Collect and analyze trend data -and other data generated from Functional Performance Tests to identify Improvement Opportunities. Update Retro-Commissioning Findings Log accordingly. 3.6 Evaluate Improvement Opportunities and Provide Recommendations Evaluate Improvements in the Retro-Commissioning. Findings Log and recommend which improvements should be implemented during the course of this project, and which should be addressed through future work. Provide prioritization. Provide supporting information, including: any calculations, trend and portable logger data, functional test results, building simulation parameters and results, site visit reports, or photographs that were used to identify the problem or opportunity. 3.7 Update and Submit Draft Retro-Commissioning Report (Investigation Phase) Update the Draft Retro-Commissioning Report, by adding the sections specified in Table 4. 3.8 Present Draft Retro-Commissioning Report Present Draft Retro-Commissioning Report to the Retro-Commissioning Project Team, and work with the Team to select Improvements to implement. 02/16/05 5 of 15 EXHIBIT A.1 02/16/05 6 of 15 EXHIBIT A.1 5. Handoff Phase 5.1 Update and Submit Retro-Commissioning Plan .... Update Retro-Commissioning Plan as needed to reflect the findings of the Implementation Phase and submit to the Retro-Commissioning Project team for review. 5.2 Develop Ongoing Diagnostic Tests Based upon the findings of the investigation phase and the new instrumentation installed, work with the campus staff to develop specifications for, and implement data trending routines and control programming for ongoing diagnostic tests to be conducted by the building operations staff or regular service contractors. ....... __.. ........ 5.3 Provide Training In the course of delivering pre -investigation and investigation phase tasks, work with campus staff with a goal of training them on the procedures. This may include topics such as identification and installation of additional monitoring points and additional ongoing diagnostic tests. , To ensure the persistence of savings from the Retro- Commissioning activities, campus staff should have a clear understanding of the points being monitored, the collected trends and the diagnostic routines. At project conclusion, train campus staff on the operation of the optimized facility and equipment, discuss maintenance procedures and review the use of documentation including the systems manual. Also discuss energy saving projections and recommended corrective actions 5.4 Develop O&M Plan Work with campus staff to incorporate the findings of the project into ongoing O&M activities. Place a particular emphasis on ongoing trending and re -commissioning of systems to ensure persistence of savings. 5.5 Verify Benefits at Conclusion of Commissioning and Estimate Operating Savings Follow the agreed -upon M&V procedures for verifying the expected benefits at the conclusion of commissioning, and estimate the operating savings achieved through the improvements implemented. ............ 5.6 Establish a New Baseline Review trended data and establish a new baseline for energy performance. 5.7 Update Retro-Commissioning Findings Log ........ _ ....... 02/16/05 7 of 15 EXHIBIT A.I 02/16/05 8 of 15 EXHIBIT A.1 B. DELIVERABLES AND MILESTONES As defined in the above stated task list, the following milestones are expected, and the following deliverables shall be provided. All Deliverables marked with an "V in the "Deliverable due from the CxP?" column shall be provided by the contractor, in electronic and hardcopy format. 'Milestone or. Deliverable { Deliverable due Approximate m fro.CiTI - Date Contract Signed Planning Kickoff Meeting (Beginning of Plannin Stage) Attend mt 4/9/09 Deliverable: Retro-Commissioning Plan Submitted M& V Plan Submitted M&V plan 4/20/09 Retro-Commissioningand M&V Review Meeting Lead mtg. 4/23/09 Deliverable: Draft Retro-Commissioning Report Draft Retro- Commissioning 5/4/09 (Planning Phase Sections) Due Report Pre -Investigation Monitoring System Installation, Trends and Data Recommendations for additional 5/8/09 Collection Routine Setup and Testing Complete monitoring Deliverable: Draft Retro-Commissioning Report (Pre- Draft Retro- Investigation Phase) Due Commissioning 5/28/09 Report Investigation Deliverable: Updated Retro-Commissioning Plan Retro- Commissioning 5/5/09 (Investigation Phase Sections) Due Plan Functional Deliverable: Functional Performance Test Protocol Performance Test 5/15/09 Protocol Deliverable: Draft Retro-Commissioning Report Draft Retro- Commissioning 7/3/09 (Investigation Phase Sections) Due report Present Draft Retro-Commissioning Report and Select Lead meeting & review of draft 7/9/09 Improvements to Implement report Implementation Deliverable: Updated Retro -Commissioning Plan Retro- (Implementation Phase Sections) Due Commissioning 7/15/09 Plan Deliverable: Draft Retro-Commissioning Report Draft Retro- (Implementation Phase Sections) Due Commissioning 7/31 /09 report Ilandoff 02/16/05 9 of 15 EXHIBIT A.1 Deliverable: Updated Retro-Commissioning Plan Due Retro- (Handoff Phase Sections) Commissioning 8/20/09 Plan Deliverable: Draft Retro-Commissioning Report (Handoff Draft Retro- Phase Sections) Due Commissioning 8/29/09 Report Deliverable: Draft Retro-Commissioning Final Report Final Draft 9/8/09 Due Deliverable: Retro-Commissioning Final Report Due Final Retro- Commissioning 9/15/09 report Deliverable: Systems Manual Due Systems Manual 9/15/09 Ongoing Monthly Retr^o-Commissioning Meetings Attend monthly 6th day of meetings each month Monthly Progress 20th day of Deliverable: Monthly Progress Reports Reports month 02/16/05 10 of 15 EXHIBIT A.1 1.3. TABLES DESCRIBING INFORMATION TO BE INCLUDED IN DELIVERABLES Table I.: Information Tlrat Shall Be Included in Retro-Commissioning Findings Log • Issue Name and Assigned Number • Description of Issue • Date Issue Was Identified • Who Identified Issue • Recommended Action to Address Issue • Type of Improvement Opportunity o O&M o Repair o Capital Improvement o Other • Estimated Impacts of Improvement Opportunity: o annual electric savings (kWh and $) o annual gas savings (therms and $) o peak demand savings (kW) o O&M savings ($) 0 other non -energy savings ($) • Estimated Implementation Cost ($) • Estimated Simple Payback (years) • Location of Supporting Documentation • Relevant trends and monitoring points. • Recommendation for Implementation Priority • Current Status Date • Current Status o Identified o Recommended o Reviewed o Planned for Implementation in Retro-Commissioning Project o Planned for Implementation in Other Project o Implemented in Retro-Commissioning Project o Implemented in Other Project o Deferred • Assigned to Whom • Notes Table 2': Information that Shall Be Included in Retro'.Commissioning'PladK • An overview of the Retro-Commissioning process. • A list of requirements, features and systems to commission • Identification of primary Retro-Commissioning participants and their responsibilities. See roles and responsibilities document. • A description of the management, communication, and reporting processes. 02/16/05 11 of 15 EXHIBIT A.I • An outline of the Retro-Commissioning process scope. • A list of the expected written deliverables. • An activity schedule. • A detailed description of the rigor and scope of Functional Performance Testing. • The monitoring point list. • A list of all diagnostics. 'fable 3: Information that Shall Be Included-' in M&VPlan • Objectives • Approach to Verifying Benefits at Conclusion of Commissioning • Approach to Verifying Benefits at End of Year One • Approach to Tracking Benefits Over Time • Roles and Responsibilities • Information to collect • Data required to establish a baseline © Variables to measure • Required accuracy • Sampling rates and download frequencies • Data storage requirements • Analysis to conduct (diagnostic routines) • Documentation to provide Table 4: Information that ShallBe Included in Retro=Commissioning Report'in the Different Phases Planning • Initial Site Assessment • Operational Requirements • Known Improvement Opportunities • Available and Missing Documentation • Monitoring Objectives and Requirements • Current Version of the Findings Log Pre -Investigation • Preventative Maintenance Activities Required and Performed • Evaluation of Existing Monitoring System • Sensor Calibration Required and Performed • EMCS or Monitoring Upgrades Required and Performed • Trends and Data Collection Routines • Sample Data Collection • Data Quality Assessment • Data Analysis Preparation • Current Version of the Retro-Commissioning Findings Log Investi a� tion 02/16/05 12 of 15 EXHIBIT A.1 • Data Analysis (include descriptions of analysis performed, noted discrepancies, system trends, and optimization opportunities). • Baseline • Functional Performance Test Protocol • Functional Performance Testing (include dates and descriptions of tests performed, noted discrepancies, system trends, and optimization opportunities). • Analysis of Improvement Opportunities and Recommendations. • Current Version of the Findings Log Implementation • Improvements Implemented (Log and description) • Performance Improvement Verification • EMCS Update Verification • Remaining Improvement Opportunities (description, costs, savings) • Current Version of the Findings Log Nnnrinff • Ongoing Diagnostics • Training • O&M Plan • Report on Verification of Benefits and Estimation of Operating Savings • Establishment of New Baseline • Final Findings Log 'fable 5: Information that Shall Be Included in Systems Manual • Final Retro-Commissioning Report • General building or plant description • Systems diagram • Building and equipment schedules • Summary of available documents • Building control point list • Equipment list, description • Sequence of operation • Control set points • Alarm set points • Available monitoring points and active trending capabilities • Control graphics or diagrams • O&M Plan • Ongoing diagnostics • M&V Plan 02/16/05 13 of 15 EXHIBIT A.1 1.4. DEFINITIONS Baseline: The performance of the building, system, or equipment prior to intervention by the Retro- Commissioning program. This could be energy use (EUI—annual energy use per square foot) or the value of some other metric that characterizes performance (such as a temperature) and can be used to determine energy use. Commissioning Provider: An outside consultant who manages the Retro-Commissioning process. It is a role that could be filled by a campus staff -person. CxP: Commissioning Provider. Commissioning: A quality -focused process for enhancing the delivery of a project. The process focuses on verifying and documenting that the facility and all of its systems and assemblies are planned, designed, installed, tested, operated, and maintained to meet the Owner's Project Requirements. Functional Performance Test: A process in which the performance of a building, system, or piece of equipment is investigated, by manipulating the system and observing or measuring its resulting behavior. Functional Performance Test Procedure: A written protocol that defines methods, personnel, and expectations for tests conducted on components, equipment, assemblies, systems, and interfaces among systems. Improvement Opportunity: An action that can be taken to enhance the condition of a building, system, or piece of equipment, or an operational strategy that is determined to be less than optimal. These opportunities may consist of actions such as change in the operation of a system, a simple repair to a component, a change to system programming, the cleaning of a device, or tuning of a system. Retro-Commissioning Findings Log: A formal and ongoing record of problems or concerns — and their resolution — that have been raised by members of the Retro- Commissioning Project Team during the course of the Retro-Commissioning Process. A living document that records and tracks issues that have been identified at any point throughout the Retro-Commissioning project. The purpose of this log is to ensure that all issues are adequately addressed and to help document the findings of the program. This also includes a formal and ongoing record of the Improvement Opportunities identified in the Retro-Commissioning project, the recommended actions, and the current status. This ensures that all opportunities are adequately evaluated and that action plans are developed for implementation either in the course of the Retro-Commissioning program or in another activity. This log also helps to document the impact of the RETRO-COMMISSIONING effort. Retro-Commissioning Plan: A document that outlines the organization, schedule, allocation of resources, and documentation requirements of the Retro-Commissioning project. This document is updated at the beginning of each phase of the program. Retro-Commissioning Project Team: All the individuals who will be involved in commissioning activities at this facility, including the CxP (testing specialist (often subcontractor to CxP), campus building manager, owner representative, building operator, in-house controls expert, controls 02/16/05 14 of 15 EXHIBIT A.1 contractor or vendor, equipment installer (outside contractor or in-house), service provider (outside contractor or in-house), utility representative. Measurement and Verification (M&V): The estimation of the realized impacts of an Retro- Commissioning project, and the ongoing assessment of the persistence of those impacts. M&V uses measured data along with other observations, assumptions, calculations, and documentation to define baseline performance, and to estimate changes in performance that are attributable to the project. Note: This is to be clearly distinguished from the more rigorously -defined Evaluation, Measurement and Verification (EM&V), which is required by the California Public Utilities Commission far energy efficiency programs, and which is not included in this Scope of Work because it will be performed for this program by another team on only a subset of buildings. Monitoring -Based Commissioning (Retro-Commissioning): A long-term process employing remote metering/monitoring capabilities and diagnostic protocols to achieve and continuously maintain a high level of system performance by: 1) identifying and implementing low-cost operational and maintenance improvements, 2) identifying previously unrecognized, cost-effective retrofit opportunities and 3) training and otherwise leaving building staff with the tools to continuously monitor and optimize their buildings. Monitoring System: A set of hardware and software that is used to measure parameters that describe building, system or equipment performance. This system must measure the variables, condition the data, communicate to a repository, and/or store the data until it can be analyzed. This is likely to be accomplished using an existing Energy Management and Control System (EMCS), but may be accomplished through sensors, wiring, and data loggers installed specifically for this purpose. Ongoing Diagnostic Test: A set of tests or algorithms that can be implemented in an EMCS or spreadsheet, using data collected from the equipment, to determine over time how well the equipment, system, or building is performing, and whether performance is degrading and further investigation or intervention is required. Operational Requirements: A written document that details the functional requirements of a building, system, or piece of equipment, and the expectations of how it will be used and operated. Pre -Investigation Preventative Maintenance: Normal preventative maintenance that is typically performed on the systems to be commissioned, to bring them to their "normal" state of operation before improvements can be considered. Systems Manual: A system -focused composite document that enhances the operation and maintenance manual, by including the Retro-Commissioning Report, and additional information of use to the Owner, ensuring the implemented improvements persist. The document will include updated control sequences and points list, system diagrams, etc. Trend Data: Data collected using an EMCS or other data collection tool that collects time -series data for a selected point. These data can be plotted or analyzed to determine trends in the performance of the equipment. 02/16/05 15 of 15 EXHIBIT A.2 SPECIFIC RETRO-COMMISSIONING SERVICES SCOPE OF WORK HUNTINGTON BEACH Other Lead involved Task Task Description Responsibility Support parties Retr®-CommissioningPlanning Phase City of HB's pre - Convene Metering & Monitoring Huntington qualified 1.1 Kick Off Meeting Cx Agent Beach Contractors City of Create & agree on a standard Huntington 1.2 Findings Log format Cx Agent Beach City of HB's pre - Conduct Initial Metering, Huntington qualified PIER 1.3 Monitoring Site Assessment Beach Contractors program City of HBs pre - Huntington qualified 1.4 Define Operational Requirements Beach Cx Agent Contractors City of HB's pre - Document Known Issues and Huntington qualified 1.5 Improvement Opportunities Cx Agent Beach Contractors City of HB's pre - Identify Available & Missing Huntington qualified 1.6 Information Cx Agent Beach Contractors City of HB's pre - Define Monitoring Objectives & Huntington qualified 1.7 Requirements Cx Agent Beach Contractors City of HB's pre - Develop Metering & Monitoring Huntington qualified 1.8 Retro-Commissioning plan Cx Agent Beach Contractors HB's pre - qualified City of Contractors, Huntington PIER 1.9 Develop M&V Plan Cx Agent Beach' program HB's pre- City of qualified Huntington 1.10 Present to -date Plans to the city Cx Agent Contractors Beach HB's pre- City of Update Retro-Commissioning qualified Huntington 1.11 Findings Log Cx Agent Contractors Beach 1 of 5 HB's pre- City of Prepare and Submit to -date Status qualified Huntington 1.12 Report Cx Agent Contractors Beach Retro-CommissioningPre-Investi ation Phase City of HB's pre - Conduct Preventative Maintenance Huntington qualified 2.1 Activities Beach Contractors Cx Agent City of HB's pre - Evaluate Existing Monitoring Huntington qualified 2.2 Systems Cx Agent Beach Contractors City of City of HB's pre - Huntington Huntington qualified 2.3 Calibrate Sensors Beach Beach Contractors 2.4 Upgrade EMS and/or install Monitoring Equipment Develop plan for supplementing City of HB's pre- existing monitoring capabilities (if Huntington qualified 2.4.1 necessary) Cx Agent Beach Contractors City of HB's pre - Procure & Install meters & EMS Huntington qualified 2.4.2 components (if necessary) Beach Contractors Cx Agent Setup 'Trends and Data Collection Identify additional points (existing and to be added) important to HB's pre- City of Retro-Commissioning projects and qualified Huntington 2.5.1 the required sampling frequencies Cx Agent Contractors Beach HB's pre- City of qualified Huntington 2.5.2 Trend and collect the data Cx Agent Contractors Beach HB's pre- City of Collect at least 3 days of data from qualified Huntington 2.6 system Cx Agent Contractors Beach Assess Data Quality HB's pre- City of Review tables, charts & trends and qualified Huntington 2.7.1 investigate unreasonable results Cx Agent Contractors Beach HB's pre- City of qualified Huntington 2.7.2 Fix any data problems Cx Agent Contractors Beach HB's pre- City of Prepare for Data Analysis qualified Huntington 2.8 (necessary factors and metrics) Cx Agent Contractors Beach HB's pre- City of Update Retro-Commissioning qualified Huntington 2.9 Findings Log Cx Agent Contractors Beach 2.10 Update Retro-Commissioning Cx Agent City of HB's re- 2of5 Status Report Huntington qualified Beach Contractors Retro-Commissioning Investigation ease Review monitoring & EMS HB's pre- City of capabilites, make recommendations qualified Huntington 3.1.1 for additional points to trend Cx Agent Contractors Beach HB's pre- City of qualified Huntington 3.1.2 Update trend logging Cx Agent Contractors Beach HB's pre- City of Update & Finalize Retro- qualified Huntington 3.1.3 Commissioning Plan Cx Agent Contractors Beach City of HB's pre - Define Functional Performance Huntington qualified 3.2 Testing needed Cx Agent Beach Contractors City of HB's pre - Huntington qualified 3.3 Verify billing record baseline Cx Agent Beach Contractors Conduct Functional Performance 'Testin Determine the objectives of pre- City of HB's pre - functional and functional Huntington qualified 3.4 performance testing Cx Agent Beach Contractors HB's pre- City of Draft & Submit pre -functional & qualified Huntington 3.5 functional test protocol Cx Agent Contractors Beach City of HB's pre - Huntington qualified 3.6 Perform re -functional testing Cx Agent Beach Contractors City of HB's pre - Implement improvements Huntington qualified 3.7 identified during testing Cx Agent Beach Contractors City of HB's pre - Huntington qualified 3.8 Perform functional testing Cx Agent Beach Contractors Collect & analyze data generated from functional performance tests City of City of to identify improvement Huntington Huntington 3.9 opportunities. Update Findings log Cx Agent Beach Beach City of HB's pre - Evaluate Improvement Huntington qualified 3.10 Opportunities Cx Agent Beach Contractors City of Update Draft Retro- Huntington 3.11 Commissioning Status Report Cx Agent Beach 3 of 5 City of Review Draft Retro- Huntington 3.12 Commissioning Status Report Cx Agent Beach Retro-Commissioning Implementation Phase Update the Retro-Commissioning City of plan with Investigation phase Huntington 4.1 findings Cx Agent Beach HB's pre- City of Implement improvements qualified Huntington 4.2 identified during testing Cx Agent Contractors Beach City of HB's pre - Oversee implementation of selected Huntington qualified 4.3 improvements Cx Agent Beach Contractors HB's pre- City of qualified Huntington 4.4 Perform Air Balance Activities Contractors Cx Agent Beach City of HB's pre - Huntington qualified 4.5 Verify EMS upgrades Cx Agent Beach Contractors City of HB's pre - Huntington qualified 4.6 Verify Improved Operation Cx Agent Beach Contractors City of HB's pre - Document remaining improvement Huntington qualified 4.7 opportunities Cx Agent Beach Contractors City of Update Retro-Commissioning Huntington 4.8 Findings Log Cx Agent Beach City of Update Draft Retro- Huntington 4.9 Commissioning Status Report Cx Agent Beach Retro-Commissioning Ilandoff Phase City of HB's pre - Develop Ongoing Diagnostic Tests Huntington qualified 5.1 and/or performance alarms Cx Agent Beach Contractors City of HB's pre - Huntington qualified 5.2 Provide Training Cx Agent Beach Contractors City of HB's pre - Develop O&M Plan, Conduct staff Huntington qualified 5.3 training Cx Agent Beach Contractors City of HB's pre - Post Implementation Savings Huntington qualified 5.4 Verification Cx Agent Beach Contractors 4of5 HB's pre- City of Establish a new qualified Huntington 5.5 Baseline/performance standard Cx Agent Contractors Beach City of Huntington 5.6 Update Findings Log Cx Agent Beach Update Retro-Commissioning Status Report and convert into Final Retro-Commissioning report City of format for submission to funding Huntington 5.7 Utilities Cx Agent Beach City of Develop Retro-Commissioning Huntington 5.8 Systems Manual Cx Agent Beach Retro-CommissioningOversi ht Phase City of Facilitate Retro-Commissioning Huntington 6.1 Meetings Cx Agent Beach City of Huntington 6.2 Submit Progress Reports Cx Agent Beach 5 of 5 EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payments in accordance to the fixed fee schedule below: Total fees shall not exceed One Hundred Forty Nine Thousand One Hundred Thirty Six Dollars ($149,136.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT shall not continue with any work effort over the amount of the maximum limit unless first authorized in writing by City authorized representative(s). Civic Center Budget Square Feet 189,601 Classification Hourly Rate Total Hours Total Cost Sr. Program/Project Mgr $ 166 222 $36,852 Sr. Energy Engineer $ 138 189 26,082 Energy Engineer $ 128 - Energy Analyst $ 119 148 17,612 Field Technician $ 119 98 11,662 CAD Operator $ 90 20 1,800 Administrative Asst. $ 62 41 2,542 Sub Total - Civic Center 718 $96,550 Library Budget Square Feet 107,400 Classification Hourly Rate Hours Total Cost Sr. Program/Project Mgr $ 166 120 $19,920 Sr. Energy Engineer $ 138 103 14,214 Energy Engineer $ 128 - Energy Analyst $ 119 80 9,520 Field Technician $ 119 54 6,426 CAD Operator $ 90 12 1,080 Administrative Asst. $ 62 23 1,426 Sub Total - Library 392 $52,586 Grand Total $149,136 jmp/contracts group/esB-1/3/25/09 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion ,of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. jmp/contracts group/exB-1/3/25/09 2 EMThe Cal f"s Ste" �i11111�!'81ty 0 TRUSTCEESROV7DER 0 GENERAL COUNSEL COMMISSIONING MASTER ENABLING AGREEMENT (9/08/06)� 0 ACCOU1vT0 ORIGINATOORR (copy} This AGREEMENT is made and entered into this 17th day of August, 2007 pursuant to the Public Contract Code 10700 et seq., by and between the Trustees of The California State University on behalf of Urnvcrsity California State University, Office of the Chancellor *eement No: 50594 Amendment No: 4 Project No: Commissioning Project Name: Systemwide hereafter referred to as Trustees, and Service Provider; CSU Vendor ID No. Federal ID No: License No: D' vial Ener-gy, Inc. 2290 hf.'r1844 Address of Service Provider Telephone No: Fax No: 128 Auburn Court, Suite 106, Westlake Village, CA 91362 805 371-1777 805) 374-1779 WITNESSETH_ That the Service Provider in consideration of the covenants, conditions and agreements of the Trustees herein contained, does hereby agree to furnish all labor, materials, and equipment and to perform all work necessary to complete, in a skillful manner, the following - Agreement No. 50594 dated February 7, 2006 is hereby amended as follows: Add Rider A-4, Scope of Services and Payment Schedule, dated 8-17-07, consisting of twenty (22) pages. This Rider supersedes Rider A-3, dated 2-15-07. Rider A-4 is effective August 17, 2007. Except as previously amended and as amended herein, all other terms and conditions of the original Agreement remain unchanged. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon date first above written. THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY SERVICE PROVIDER Campus Pull Legal Name of Service Provider California State University, Office of the Chancellor Digital Energy, Inc. By (Frustees' Au e — By (Service Provider` AuthF�nz ignature) J Prmted N rde of g for Trust- Printed Name andN Person Signing for Service Provider Eddie Choy, Assistant Director Jairam Agaram System Contracts Contract Services and Procurement Cheri; appropriate box bcl w that best describes Service Provider. 401 Golden Shore ❑ Sole Proprietorship ❑ Partnership ❑ Corporation Long Beach, CA 90802 ❑ Limited L.iabiG Co. ❑ Other ( - Fund Sub Fund Agency Yr Ref/Item Category Nograrn Element Component Chapter Fiscal Yr Legal Reference 5C0 Account Data: I I Fund Name PS Account PS Fund PS Dept ID PS Program PS Class PS Project/Grant Funds assigned on "Service Order & Authorization to I Proceed" lmounc Encumbered I herby crrli� rrpox my owrr personal knorledge that budgetrd fkndr crr avwlab4tfor the benod and $0 purpose of the e-Im, 7urrr stated above. Accounting Officer signs "Service Order & Authorization to Proceed" Amount of Increase $0 Signature of Accounting Officer Date 'mount of Decrease I hereby mri� that I have examined the nrtiaew Atr"ent and find the same to be in acxrdaare with $0 the rrgmrements of the Ca6fonv.a State Umvrrrity Contras Lain CHRISTINE FIELWICK, General Counsel. Total Amount Encumbered $0 111 O By Attomey: /� �^ Date S enice .9greemeat 9/08/06f Agreement 450594, Amendment # 4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 Rider A-4 COMMISSIONING OF CSU CAPITAL PROJECTS (Cx) AND MONITORING -BASED COMMISSIONING (MBCx) SCOPE OF SERVICES AND PAYMENT SCHEDULE I. COMMISSIONING FOR CSU CAPITAL PROJECTS (Cx) A. OBJECTIVES 1. The California State University (CSU) is undertaking to provide commissioning (Cx) for all campus projects over $6 million in construction costs regardless of the source of funding. Commissioning on projects under this amount or for projects that may not warrant commissioning, (i.e. parking structures, parking lots) and for certain ground lease projects would be at the discretion of the campus. 2. The objective of commissioning is to provide documented confirmation that the proposed projects mechanical systems achieves its anticipated performance requirements. Establishing these performance requirements is part of the commissioning process. 3. The scope of Services for the commissioning of CSU projects has been developed for small projects with a total construction cost of less than $15,000,000; medium size projects with a total construction cost of more than $15,000,000 and less than $30,000,000 and large projects with a total construction cost of over $30,000,000. The small, medium and large project thresholds are provided as a guide. The campus is free to select the scope of services they desire on the level of intricacy of the project and provide additional funds to provide a higher levels of commissioning. For example, the campus may supplement additional funds and use the typical Scope of Services of a medium sized project for a project with a total construction cost of less than $15,000,000. 4. The scope of Services for commissioning included in this master enabling agreement (MEA) has been developed for a typical CSU construction project. Campus may negotiate a reduction in the scope of services with the service provider for projects with complicated mechanical systems i.e. Science Building, Central Plant, etc. to match with the commissioning fee listed in this MEA or supplement additional fee from their campus funds for the scope of services detailed in this MEA The CSU commissioning process will appoint a commissioning Agent (CxA) that acts as campus consultant and provides input to the design team and the contractor on commissioning. The CxA is not responsible for design or general construction scheduling, cost estimating, or construction management, but may assist with problem -solving or resolving non-conformance issues or deficiencies. The respective design architects and engineers remain the professionals responsible for their design. The CxA will use the Cx guidelines available on CSU website at www.calstate.edu/cpdc/ae/guideIines/commissioning guidelines.pdf as the reference. 6. The CxA shall be involved through the project from design phase through the warranty phase. a. The primary role of the CxA during the design phase is to develop detailed commissioning specifications and review the design for quality, constructability and to ensure it meets the campus objectives. b. During construction the CxA will review pertinent submittals to see that commissioning is properly incorporated. The CxA develops and coordinates the execution of a testing plan, which includes observing and documenting that performance of all applicable equipment Rev. (4) 8-17-07 Page 1 of 22 Agreement #50594, Amendment # 4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 and systems to ensure that systems are functioning in accordance with the Campus Project Requirements previously established and the contract documents. C. During the warranty period the CxA will identify problems or concerns that the campus facility staff has with operating the facility as originally intended and make suggestions for improvements and for recording these changes in the O&M manuals. CxA will identify areas that may come under warranty or under the original construction contract. The specific details are outlined in the following commissioning scope of services. B. SCOPE OF SERVICES - SMALL PROJECTS (<$15MM) The CxA shall be responsible for carrying out the following commissioning tasks during the design phase, construction phase, and the warranty period. [The Commissioning Agents' activities do not start until the beginning of the construction documents phase and commissioning is limited to only systems listed in paragraph R.5.] 1. Design Phase a. Coordinate the commissioning work during design. b. Develop or update the design phase commissioning plan. e. Perform focused reviews of the design drawings and specifications as described in paragraph 13.6. Rev.(1) 10ni06 d. Confirm that State of California Title 24 Acceptance Certification requirements are specified in the construction documents. e. Develop a draft construction phase commissioning plan using a Campus -approved outline. f. Develop full commissioning specifications for all commissioned equipment and systems. Coordinate this with and integrate this into the design team's specifications. One or more of the following documents can be used as a guide for content, rigor and format: 1) Model Commissioning Plan and Guide Specifications, USDOE/FEMP; Portland Energy Conservation, Inc. (PECI), 2) The HVAC Commissioning Process, ASHRAE Guideline. The PECI Document can be downloaded free at hfp://www.peci.orq and a copy of the ASHRAE document can be obtained by contacting AS14RAE at http://www.ashrae.or_q or 404-636- 8400. The commissioning specifications will include a detailed description of the responsibilities of all parties; details of the commissioning process; reporting and documentation requirements, including formats; alerts to coordination issues, deficiency resolution; construction checklist and startup requirements; the functional testing process; and contractor functional test requirements, including testing conditions and acceptance criteria for each piece of equipment and systems being commissioned. 2. Bid Phase a. Answer RFI's regarding commissioning during the bid phase. 3. Construction Phase a. Coordinate the commissioning activities in a logical, sequential and efficient manner using consistent protocols and forms, centralized documentation, clear and regular Rev. (4) 8-17-07 Page 2 of 22 Agreement #50594, Amendment ## 4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 communications and consultations with all necessary parties, frequently updated timelines and schedules and technical expertise. b. Coordinate the commissioning work and, with the contractor and construction manager (CM), ensure that commissioning activities are being incorporated into the master schedule. C. Revise, as necessary, the construction phase commissioning plan developed during design, including scope and schedule. d. Plan and conduct a commissioning meeting and distribute minutes. e. Review applicable submittals from the contractor related to commissioning. This includes HVAC and lighting submittals, testing and balancing (TAB) submittals and O&M materials. Review additional information required performing commissioning tasks, including, contractor start-up & checkout procedures and contractor's training procedures. Before startup, gather and review the current control sequences and interlocks and work with contractors and design engineers until sufficient clarity has been obtained, in writing, to be able to write detailed testing procedures. f. Review contractor submittals applicable to systems being commissioned for compliance with commissioning needs, concurrent with the A/E reviews. Update Commissioning Plan to include commissioning requirements. g. Review requests for information and change orders for impact on commissioning and campus objectives. Update Commissioning Plan to include commissioning requirements. h. Write and distribute Pre -functional checklists for commissioned equipment. i. Develop an enhanced start-up and initial systems checkout plan with contractors for selected equipment to be commissioned. j. Review construction -meeting minutes for revisions/substitutions relating to the commissioning process. Assist in resolving any discrepancies. k. Review HVAC piping pressure test and flushing documentation, sufficient to be confident that proper procedures were followed. Include testing documentation in the Commissioning Record. 1. Review any ductwork testing and cleaning documentation sufficient to be confident that proper procedures were followed. Include documentation in the Commissioning Record. in. Document construction checklist completion by reviewing completed Pre -functional checklists and by selected site observation. n. Document systems startup by reviewing start-up reports and by selected site observation. o. Review air and water balancing reports and perform selected site observation. Provide a letter of approval to CM. p. With necessary assistance and review from installing contractors, write the functional performance test procedures for equipment and systems. This will include manual functional testing, energy management control system trending and may include stand- alone datalogger monitoring. Submit to CM for review and approval. q. Analyze functional performance trend logs and monitoring data to verify performance. Provide a letter of the verification of performance to CM. r. Coordinate, witness and document manual functional performance tests performed by Rev_ (4) 8-17-07 Page 3 of 22 Agreement #50594, Amendment # 4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 installing contractors. Coordinate retesting as necessary until satisfactory performance is achieved. The functional testing shall include operating the system and components through each of the written sequences of operation, and other significant modes and sequences, including startup, shutdown, unoccupied mode, manual mode, staging, miscellaneous alarms, power failure, security alarm when impacted and interlocks with other systems or equipment. Sensors and actuators shall be calibrated during construction check listing by the installing contractors, and spot-checked by the commissioning agent during functional testing. Tests on respective HVAC equipment shall be executed, if possible, during both the heating and cooling season. However, override of certain control values to simulate conditions may be necessary. Functional testing shall be done using conventional manual methods, control system trend logs, and read-outs or stand-alone dataloggers, to provide a high level of confidence in proper system function, as deemed appropriate by the commissioning agent and the campus. Rev.(t) 10/1/06 S. Coordinate, witness and document Acceptance Certification requirements listed in State of California T24 Energy Efficiency Standards for Residential and Nonresidential Buildings. t. Review and comment on training material prepared by the contractor and review documentation that systems training of the campus operating personnel was successfully completed a licensed copy of the programming tool used for the controls system was included. U. Review and comment on the O&M manuals for commissioned equipment and systems prepared by the contractor. Provide a letter of approval to CM. V. Compile a Commissioning Record, which shall include: 1). A brief summary report that includes a list of participants and roles, brief facility and building description, overview of commissioning and testing scope, and a general description of testing and verification methods. For each piece of commissioned equipment and system, the report shall contain the assessment by the commissioning agent of the following: a) Equipment and systems compliance with contract documents, b) Equipment and systems installation, c) Functional performance, d) Equipment O &M documentation, and e) Operator training. 2). All outstanding non-compliance items shall be specifically listed. Recommendations for improvement to equipment and systems or their operations, future actions, commissioning process changes, etc. shall also be Iisted. Each non-compliance issue shall be referenced to the specific functional test, inspection, trend log, etc. where the deficiency is documented. 3). The Commissioning Systems Manual shall include the commissioning plan, progress reports, submittal and O&M manual reviews, training record, test schedules, Pre - functional checklists, start-up reports, functional tests, and trend log analysis. 4) Forward the Commissioning Record to the CM. W. Compile a Systems Manual that consists of the following: Campus Project Requirements (by campus); Basis of Design (by Design Team); Rev. ("4) 8-17-07 Page 4 of 22 Agreement #50594, Amendment # 4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 Performance Metrics, if completed during design (by Design Team); space and use descriptions; single line drawings and schematics for major systems (by Design Team); control drawings, sequences of control (by contractor); recommendations for recommissioning frequency by equipment type; energy tracking recommendations; and recommended standard trend logs with a brief description of what to look for in them (by Commissioning Agent). 4. Warranty Period a. Coordinate with the campus and the contractor. Supervise the required opposite season or deferred testing and deficiency corrections; and provide the final testing documentation to CM for the Commissioning Record and O&M manuals. b. Return to the site at 10 months into the 12-month warranty period and review with campus facility staff the current facility operation and the condition of outstanding issues related to the original and seasonal commissioning. Also interview facility staff and identify problems or concerns they have with operating the facility as originally intended. Make suggestions for improvements and for recording these changes in the O&M manuals. Identify areas that may come under warranty or under the original construction contract. Assist campus facility staff in developing reports and documents and requests for services to remedy outstanding problems. 5. Systems to be Commissioned — Small Projects The following systems and assemblies shall be commissioned: I. Building energy management and control systems. 2. Heating, ventilating and air conditioning systems 3. Laboratory, hoods and pressurization systems. Rev. (4) 8-17-07 Page 5 of 22 Rev (1) 10/1/66 Agreement 950594, Amendment # 4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 6. Commissioning Agent's Scope during Design — Small Projects The Commissioning Agent shall perform a review of the design documents for the following issues at the phases checked for each system commissioned. This table summarizes the commissioning activities during the design phase of the project. Refer to the paragraph B.1 of the scope of services for the detailed scope. Key: SD: 100% Schematic Design Review PD: 100% Preliminary Design Review CD1: 50%Construction Document Review CD2: 95% Construction Document Review Design Area Review Description SD PD CD1 CD2 Basis of Design Ensure that basis of design is clear, complete, and ✓ meet the original Campus Project Requirements Commissioning Review to facilitate effective commissioning (see ✓ facilitation Exhibit 2). (sufficient accessibility, test ports, monitoring points, etc. Energy T24 Acceptance Certification. ✓ Efficiency Control system Review HVAC, lighting, strategies and sequences ✓ & control of operation for adequacy and efficiency. strategies Operations and Review specified systems and layout toward ✓ maintenance facilitating O&M (equipment accessibility, (04-Ap system control, etc.). Indoor Review to ensure that systems relating to thermal, ✓ environmental visual, acoustical, air quality comfort, air quality distribution maximize comfort and are in accordance with the Campus Project Requirements. O&M Verify adequate system O&M documentation ✓ documentation requirements. Training Verify adequate operator training requirements. ✓ ✓ Commissioning Verify that bid documents adequately specify ✓ ✓ specyleations building commissioning, including testing requirements by equipment Campus design Verify that the design complies with the campus ✓ ✓ guideline or design guideline or standard. standards Environmental Review to ensure that the building materials are in i✓ ✓ sustainabithy accordance with Campus Project Requirements. Mechanical Review the mechanical concepts/design for ✓ ✓ enhancements. Electrical Review the electrical concepts/systems for ✓ ✓ enhancements. Life cycle costs I Review life cycle assessment of the primary ✓ competing mechanical systems relative to energy efficiency Rev. (4) 8-17-07 Page 6 of 22 Agreement #50594, Amendment # 4 Digital Energy, Inc. Rider A-4, CSU Commissioning Ef %dive: 8-17-07 C. SCOPE OF SERVICES - MEDIUM PROJECTS (>$15MM<$30MM) The CxA shall be responsible for carrying out the following additional tasks. Commissioning services are required during the design phase, bid phase, construction phase, and the warranty period. [Ae Commissioning Agent's activities start earlier in the schematic design phase and a few additional systems are included in paragraph C.5 for commissioning.] 1. Design Phase a_ Perform project commissioning during the design phase, as described in paragraph B.1 "Scope of Services — Small Projects, Design Phase ". b. Review and comment on the Design Record documentation prepared by the design team members (Campus Project Requirements, Design Narrative; Basis of Design). 2. Bid Phase a. Perform project commissioning during the construction phase, as described in paragraph B.2 "Scope of Services — Small Projects, Bid Phase " b. Answer RTI's regarding commissioning during the bid phase c. Attend pre -bid meeting(s) to answer commissioning related questions. 3. Construction Phase Perform project commissioning during the construction phase, as described in paragraph B.3 "Scope of Services — Small Projects, Construction Phase " 4. Warranty Period Perform project commissioning during the warranty period, as described in paragraph BA "scope of services — small projects, warranty period" S. Systems to he Commissioned — Medium Projects The following systems and assemblies shall be commissioned: I . Building energy management and control system 2. Heating, ventilating and air conditioning systems 3. Scheduled or occupancy sensor lighting controls 4. Daylight dimming controls 5. Emergency power generators and automatic transfer switching 6. Uninterruptible power supply systems 7. Laboratory ventilation and pressurization systems including special function ventilation hoods. Rev. (4) 8-17-07 Page 7 of22 Rev.(I) 10/1-06 Agreement 450594, Amendment # 4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 6. Commissioning Agent's Scope during Design — Medium Projects The commissioning agent will perform a review of the design documents for the following issues at the phases checked for each system commissioned. This table summarizes the commissioning activities during the design phase of the project. Refer to paragraph C. l of the scope of services for the detailed scope. Key: SD: 100% Schematic Design Review PD: 100% Preliminary Design Review CDI : 50%Construction Document Review CD2: 95% Construction Document Review Design Area Review Description SD PD CD1 CD2 Basis of Design Ensure that basis of design is clear, complete, and meet the original Campus Project Requirements Commissioning Review to facilitate effective commissioning (see ✓ ✓ facilitation Exhibit 2). (sufficient accessibility, test ports, monitoring points, etc. EnerV Review for adequacy of the effectiveness of building ✓ ✓ effieleney layout and efficiency of system types and components for building shell, HVAC systems and lighting systems. T24 Acceptance Certification Control system Review 1 VAC, lighting, fire control, emergency power, ✓ ✓ & control security control system, strategies and sequences of strategies operation for adequacy and efficiency. Operations and Review specified systems and layout toward facilitating ✓ maintenance O&M O&M (equipment accessibility, system control, etc.). Indoor Review to ensure that systems relating to thermal, ✓ environmental visual, acoustical, air quality comfort, air distribution quality maximize comfort and are in accordance with the Campus Project Requirements. O&M Verify adequate system O&M documentation ✓ documentation requirements. Training Verify adequate operator training requirements. ✓ '� Commissioning Verify that bid documents adequately specify building ✓ ✓ specifications commissioning, including testing requirements by a ui ment type- Camp- design Verify that the design complies with the campus own ✓ ✓ ✓ ✓ guideline or design guideline or standard. standards Environmental Review to ensure that the building materials, ✓ ✓ sustainabiliiy landscaping, use of water, waste management create less of an impact on the environment and are in accordance with Campus Project Requirements. Mechanical Review the mechanical concepts/design for ✓ ✓ ✓ ✓ enhancements. Electrical Review the electrical concepts/systems for ✓ ✓ ✓ ✓ enhancements. Life cycle costs Review life cycle assessment of the primary competing ✓ ✓ ✓ mechanical systems relative to energy efficiency, O&M, IEQ, functionality, sustainability. Rev. (4) 8-17-07 Page 8 of 22 Agreement #50594, Amendment # 4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8- 1 7-07 D. SCOPE OF SERVICES - LARGE PROJECTS (>$30MM) The CxA shall be responsible for carrying out the following additional tasks. Commissioning services are required during the design phase, bid phase, construction phase, and the warranty period. [Commissioning ?gents' activities start earlier in the schematic design phase and additional systems are included in paragraph D.S for commissioning.] 1. 2. 3. 4. S. Design Phase Perform project commissioning during the design phase, as described in paragraph C.I "Scope of Services — Medium Projects, Design Phase". Bid Phase a. Perform project commissioning during the design phase, as described in paragraph C.2 "Scope of Services — Medium Projects, Bid Phase ". b. Answer RFI's regarding commissioning during the bid phase c. Attend pre -bid meeting(s) to answer commissioning related questions. Construction Phase Perform project commissioning during the construction phase, as described in paragraph C.3 "Scope of Services — Medium Projects, Construction Phase". Warranty Period Perform project commissioning during the warranty period, as described in paragraph CA "Scope of Services — Medium Projects, Warranty Period". Systems to be Commissioned — Large Projects The following systems and assemblies shall be commissioned: 1. Building energy management and control systems. 2. Heating, ventilating and air conditioning systems 3. Scheduled or occupancy sensor lighting controls 4. Daylight dimming controls 5. Emergency power generators and automatic transfer switching 6. Uninterruptible power supply systems 7. Laboratory ventilation and pressurization systems including special function ventilation. 8. Electrical metering systems 9. Domestic water heating systems 10. Data and communication 11. Refrigeration systems 12. Domestic water pumping and mixing systems 13. Irrigation Rev. ("4) 8-17-07 Page 9 of 22 Rev.(t} 10/1/06 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 6. Commissioning Agent's Scope during Design — Large Projects The commissioning agent will perform a review of the design documents for the following issues at the phases checked for each system commissioned. This table summarizes the commissioning activities during the design phase of the project. Refer to the paragraph D.1 of the scope of services for the detailed scope. Key: SD: 100% Schematic Design Review PD: 100% Preliminary Design Review CD I: 50%Construction Document Review CD2: 95% Construction Document Review Design Area Review Description SD PD CD CD2 Basis of Design Ensure that basis of design is clear, complete, and ✓ ✓ ✓ ✓ meet the original Campus Project Requirements Commissioning Review to facilitate effective commissioning ✓ ✓ facilitation (sufficient accessibility, test ports, monitoring points, etc. Energy Review for adequacy of the effectiveness of building ✓ ✓ effleiency layout and efficiency of system types and components for building shell, 14VAC systems and lighting systems. T24 Acceptance Certification V/ Control system Review HVAC, lighting, fire control, emergency ✓ ✓ & control power, security control system, strategies and strategies sequences of operation for adequacy and efficiency. Operations and Review specified systems and layout toward ✓ maintenance facilitating O&M (equipment accessibility, system O&M control, etc. . Indoor Review to ensure that systems relating to thermal, ✓ environmental visual, acoustical, air quality comfort, air distribution quality maximize comfort and are in accordance with the Campus Project Requirements. O&M Verify adequate system O&M documentation ✓ documentation requirements, Training Verify adequate operator training requirements. ✓ '/ Commissioning Verify that bid documents adequately specify ✓ ✓ specations building commissioning, including testing requirements by equipment Campus design Verify that the design complies with the campus own `/ ✓ ✓ ✓ guideline or design guideline or standard. standards Environmental Review to ensure that the building materials, ✓ ✓ sustainability landscaping, use of water, waste management create less of an impact on the environment and are in accordance with Campus Project Requirements. Mechanical Review the mechanical concepts/design for ✓ ✓ ✓ ✓ enhancements. Electrical Review the electrical concepts/systems for ✓ ✓ ✓ ✓ enhancements. Life cycle costs Review life cycle assessment of the primary ✓ ✓ ✓ competing mechanical systems relative to energy efficiency, O&M, IEQ, functionality, sustainability. Rev. (4) 8-17-07 Page 10 of 22 Agreement 450594, Amendment #4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 The term of the service authorization shall begin concurrently with the start of the project and conclude at the end of the warranty period, which is usually one year after the construction completion. F. FEE SCHEDULE (C# [Campus may negotiate a reduction in the scope of services with the service provider for projects with complicated mechanical systems i. e. Science Building, Central Plant, etc. to match with the fee Rev-(3) 2/15/07 7schedule below or supplement additional fee from their campus funds for the scope of services detailed in this MF_A. Campus may also negotiate a reduction in the fee with the .Service Provider for projects Rev. (1) 10/1/OS with less complicated mechanical systems and/or projects with several typical mechanical systems, i.e. Student Housing] Commissioning fee for capital projects funded before June 2007 shall be computed in accordance with the fee schedule shown below. The fee is based on total project construction costs and determined as follows: Total construction Cost Commissioning Fee (% of the Construction Cost) Under $400,000 Commissioning not required Over $400,001 to $2,000,000 Campus Discretion Over $2,000,001 to $6,000,000 Campus Discretion Over $6,000,001 to $10,000,000 0.5% of Construction cost less $10,000 (MSR) Over $10,000,001 to $30,000,000 0.5% of Construction cost less $12,000 (MSR) Over $30,000,001 to $50,000,000 0,45% of $30,000,000 + 0.30% over $30,000,000 Over $50,000,001 to $90,000,000 0.39% of $50,000,000 + 0.25% over $50,000,000 Over $90,000,001 0.33% of $90,000,000 + 0.10% over $90,000,000 Rev. (1)10/1106 2. Commissioning fee for capital projects funded after June 2007 shall be computed in accordance with the fee schedule shown below. The fees are based on total project construction costs and determined as follows: Total construction Cost Commissioning Fee (% of the Construction Cost) Under $400,000 Commissioning not required Over $400,001 to $2,000,000 $15,000 (Campus Discretion) Over $2,000,001 to $6,000,000 $15,000+0.55% over $2,000,000 (Campus Discretion) Over $6,000,001 to $10,000,000 0.62% of $6,000,000 + 0.50% over $6,000,000 Over $10,000,001 to $30,000,000 0.57% of $10,000,000 + 0.39% over $10,000,000 Over $30,000,001 to $50,000,000 0.45% of $30,000,000 + 0.30% over $30,000,000 Over $50,000,001 to $90,000,000 0.39% of $50,000,000 + 0.25% over $50,000,000 Over $90,000,001 0.33% of $90,000,000 + 0.10% over $90,000,000 Rev. (4) 8-17-07 Page 11 of 22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 3. The cost of commissioning scheduled in the above tables has been budgeted in CPDC Form 2-7. Campuses may supplement additional funds for additional commissioning services from their campus funds. 4. The total amount to be expended under this Agreement shall be determined by the overall usage by each participating campus and the California State University, Office of the Chancellor. 5. PAYMENTS: Payments for services shall be made in arrears for work completed to the Rev. (1) to/1i06 satisfaction of the Trustees upon presentation of a written statement not exceeding the amounts specified below: [Payment for .services during the design phases and the bid phase shall be not exceed the amounts indicated below in parenthesis. When these amounts are lower than amounts based on the indicated percentages, balance of the fee shall be added to the construction completion and building occupancy] 5% (NTE $ i 2,500) upon completion and acceptance of preliminary phase design review 15% (NTE $37,500) upon completion and acceptance of construction document phase design review. 5% (NTE 12,500) upon the completion of the construction bids evaluation 10% upon 30% construction completion 10% upon 60% construction completion 10% upon 90% construction completion 40% plus any excess funds from design phases and the construction bid phase upon construction completion and building occupancy 5% following the 1-year anniversary of the date of building occupancy or project acceptance as applicable. Service provider will invoice this amount to Satinder Gulati, University Engineer, Office of the Chancellor, 401 Golden Shore, 2d Floor, Long Beach, California 90802. [Campus shall coordinate with The ice of the Chancellor CPDC Trust Fund for this payment]. 6. INVOICING: Invoicing for services shall: l . Be sent to the campus project manager named in the Service Order & Authorization to Proceed; 2. Identify campus, project name, and project reference number; 3. Reference the Service Order Authorization number being billed against; 4. Indicate what work and the percentage completed on each invoice; and 5. Reference only a single project per invoice. 7. REIMBURSABLE EXPENSES: The fee for commissioning shall include normal operating expenses incidental to this work. Reimbursable expenses should not be needed in the typical course of providing commissioning services. Extra services if any shall be paid in arrears when completed The following are not reimbursable expenses: a. Travel expenses incurred in the course of providing commissioning services are included in the base fee amount and are not reimbursable. b. Shipping charges, phone calls, faxes, consumables, etc. incurred in the course of providing commissioning services are included in the base fee amount and are not reimbursable. Rev. (4) 8-17-07 Page 12 of 22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 G. EXTRA SERVICES: 1. Via additional Service Order Authorizations and scope of services, the Campus may authorize supplemental services related to the commissioning process. Examples of such services would include the following: a. Additional Building Commissioning b. Constructability Review 2. Extra services may also include reports and studies of the building mechanical systems as defined by the campus project manager. 3. Extra Services require pre -authorization in writing by the campus project manager and shall be issued as a separate Service Order Authorization to Proceed. Campus project manager shall provide separate scope of services and fee schedule for this work. Extra Services for different tasks may be combined into one service Order & Authorization to Proceed. Work across separate projects must be separately authorized. 4. Extra services if any shall be paid in arrears when completed Rev. (4) 8-17-07 Page 13 of22 Agreement 1,450594, Amendment #4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 H. MONITORING BASED COMMISSIONING (MLBCx) A. OBJECTIVES The California State University and the University of California partnered with the four investor owned utilities, Pacific Gas & Electric, Southern California Edison, Southern California Gas and San Diego Gas & Electric to create this innovative program in the California Public Utilities (CPUC) 2004-2005 Energy Efficiency Program Cycle. This groundbreaking effort, now renewed for the 2006- 2008 Program Cycle, includes a monitoring -based commissioning (MBCx) program. This MBCx program includes installation of whole building metering, with sub -system metering in selected buildings, establishing baseline building energy use, installing permanent energy information systems to collect trend profiles on energy use and key HVAC points, using the trend data to identify energy saving opportunities, implementing the low/no cost measures immediately, and verifying the energy savings through the monitoring capability. This combination of metering and commissioning breaks new ground in many ways: 1. Campus utilities are unmetered at most buildings so the installation of electric, gas, steam, hot water and chilled water meters often provides a first time opportunity to determine exactly how much energy each building uses. 2. New or upgraded energy information systems used to collect and analyze the trend data typically far exceed the existing capability of facility energy management and control systems, thereby enabling campuses to handle large quantities of data and closely track savings for years after the modifications. 3. Metered energy use profiles are used as a powerful diagnostic tool to evaluate building performance and identify commissioning opportunities. These profiles also provide a critical tool to help campuses meet their broader sustainability goals. 4. The ability to analyze the data provides graphic demonstration of building performance, such as chiller efficiency vs. load, economizer position vs, outside air temperature, hot water loop temperature vs. outside air temperature. 5. Metering and analysis allows campuses to measure and prove the savings achieved in the weeks after implementation, providing a built in measurement and verification function. 6. Dedicated metering on specific systems, such as motor control centers and VFDs, provide further refinement of system performance and energy savings. 7. Meters also provide the necessary information for building benchmarking newly mandated for California commercial buildings. 8. Once the database is installed and communicating with the facility management system, new buildings can be included for only the cost of the metering. 9. Projects are encouraged to include training of campus staff through hands-on interaction with the expert consultants assisting with commissioning activities. B. SCOPE OF SERVICES — MONITORING BASED COMMISSIONING Monitoring -Based Commissioning services shall be provided for the buildings, equipment or systems including but not limited to HVAC, lighting, process, controls, monitoring, and other energy -using equipment. 1. Planning Phase a. Organize and facilitate a meeting to introduce the MBCx Project Team, Outline the MBCx process, and review scope of services and goals. Rev. (4) 8-17-07 Page 14 of 22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 b. Develop a template document to record and track issues identified during the Planning, Pre - Investigation, Investigation, and Handoff Phases. This document will be continually updated, and the latest version shall be submitted to the MBCx Project Team at the end of each phase of development. A summary report shall also be defined to allow for quick "at -a -glance" review of the status of outstanding issues. Following is a listing of the fields that should be included in the template document. (Note that not all fields will be relevant in all cases.) 1) Issue Name and Assigned Number 2) Description of Issue 3) Date Issue was Identified 4) Who Identified Issue 5) Recommended Action to Address Issue 6) Type of Improvement Opportunity a) O&M b) Repair c) Capital Improvement d) Other 7) Estimated Impacts of Improvement Opportunity: a) annual electric saving (k Wh and $} b) annual gas saving (therms and $) c) peak demand savings (kW) d) O&M savings (s) e) other non -energy savings ($) 8) Estimated Implementation Cost {$) 9) Estimated Simple Payback (years) 10) Location of Supporting Documentation 11) Relevant trends and monitoring points 12) Recommendations for Implementation Priority 13) Current Status Date 14) Current Status a) Identified b) Recommended c) Reviewed d) Punned for Implementation in MBCx Project e) Planed for Implementation in Other Project f) Implemented in MBCx Project g) Implemented in Other Project h) Deferred 15) Assigned to Whom 16) Notes c. Walk through the facility and observe the condition of the subject equipment, noting obvious indicators of potential savings, and equipment or operational problems. d. Meet with University representatives and determine the intended operation of the facility such as hours of operation, required space temperatures, required humidity levels, etc. e. Review facility operating logs or conduct interviews in order to identify the Improvement Opportunities. This might include items such as addressing FMCS/controls problems, maintenance concerns, repeated comfort complaints, indoor air quality concerns or equipment noise problems. C. Identify the existence of key equipment or system documentation, determine its location, and assess its accuracy and completeness. Identify any missing documentation. The identified Rev. (4) 8-17-07 Page 15 of22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 documentation may include items such as as -built drawings, construction drawings, energy bills, equipment manuals, specifications, warranties and cut sheets, test and balance reports, control points list, and operating schedules. g. Determine and document the objectives for monitoring within the MBCx project, and the associated requirements. This should include items such as points to be monitored, required accuracy of data, frequency of measurement and downloads, communications capabilities, storage requirements, and pre-processing and analysis of data. h. Develop MBCx Plan Document, to include the items listed below. 1) An overview of the MBCx process 2) A list of requirements, features and systems to commission 3) Identification of primary MBCx participants and their responsibilities. 4) A description of the management, communication, and reporting processes. 5) An outline of the MBCx process scope 6) A list of the expected written deliverables 7) An activity schedule 8) A detailed description of the rigor and scope of Functional Performance Testing 9) The monitoring point list 10) A list of all diagnostics i. Develop a Measurement and Verification Plan, to identify how the savings from the project will be estimated upon completion of the project. The plan should also address ongoing savings past this date. Savings shall include both energy savings and maintenance savings. M&V plan shall include the following topics. 1) Objectives 2) Approach to Verifying Benefits at Conclusion of Commissioning 3) Approach to Verifying Benefits at End of Year One 4) Approach to Tracking Benefits Over Time 5) Roles and Responsibilities 6) Information to Collect 7) Data Required to Establish a Baseline 8) Variables to Measure 9) Required Accuracy 10) Sampling Rates and Download Frequencies 11) Data Store Requirements 12) Analysis to Conduct (Diagnostic Routines) 13) Documentation to Provide j. Revise MBCx and M&V plans as needed to implement Project Team recommendations. k. Review MBCx Findings Log to ensure that it is complete and that the status of issues is up-to- date. 1. Prepare a Draft MBCx Report, including the following sections: i ) Initial Site Assessment 2) Operational Requirements 3) Known Improvement Opportunities 4) Available and Missing Documentation 5) Monitoring objectives and Requirements 6) Current Version of the Findings Log Rev. (4) 8-17-07 Page 16 of 22 Agreement #50594, Amendment 94 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 2. Pre -Investigation Phase a. Identify preventative maintenance activities that must be accomplished before a meaningful investigation can be conducted. This may include items such as maintaining sensors and actuators that are known to require maintenance, or adding refrigerant charge to rooftop units. b. Study at building plans and walk-through the building to determine the capabilities of the existing monitoring systems, in comparison with the MBCx program requirements. Identify system deficiencies that will have to be addressed before monitoring can commence. c. Calibrate any of the sensors that are required for commissioning and in need of calibration. Document calibration activities. d. EMCS 1) Determine a plan for supplementing the existing monitoring capabilities, which might include upgrading the existing capabilities or installing monitoring equipment. 2) Develop specifications for system instrumentation to be procured and installed and identify suitable providers. 3) Procure instrumentation. 4) Install instrumentation. 5) Commission instrumentation. e. Setup Trends and Data Collection Routines 1) Identify the points that are to be monitored and the sampling and download frequencies. A sampling rate of five minutes or less is recommended for most points. The download frequency will depend on the analysis and diagnostics planned, but should probably be at least weekly. 2) Setup trends in the EMCS software to begin collecting these data. Setup and test any necessary mechanisms to transfer data to a central platform for analysis. 3) If data loggers are installed, program them to collect the necessary information and subsequently transfer the information to a central platform for analysis. Test the communications mechanisms to ensure that data are transferred reliably f Collect at least one day of data from the EMCS or data loggers. g. Assess Data Quality 1) Review tables or charts of collected data to assess reasonableness. If any data seems to be providing unreasonable results, investigate any possible problems with the data. 2) Fix any data problems that are found from review the data. h. Prepare for Data Analysis 1) Set up routines to calculate factors and metrics required for commissioning of systems. Create template charts and tables of collected and calculated data. 2) Make sure data meets the needs of the M&V plan. i. Review and update the Findings Log to ensure that it is complete and that the status of issues is up-to-date. j. Update the Draft MBCx Report, by adding the following sections: 1) Preventative Maintenance Activities Required and Performed 2) Evaluation of Existing Monitoring System Rev. (4) 8-17-07 Page 17 of 22 Agreement 950594, Amendment #4 Digital Energy, luc. Rider A-4, CSU Commissioning Effective: 8-17-07 3) Sensor Calibration Required and Performed 4) EMCS or monitoring Upgrades Required and Performed 5) Trends and Data Collection Routines 6) Sample Data Collection 7) Data Quality Assessment 8) Data Analysis Preparation 9) Current Version of the MBCx Findings Log 3. Investigation Phase a. Update MBCx Plan as needed to reflect the findings or changes as a result of the Pre - Investigation Phase and submit to the MBCx Project team for review and approval. b. Collect sufficient data to establish baseline performance, and to identify operating characteristics of the building, system or equipment. c. Analyze Data 1) Analyze data to identify issues and Improvement Opportunities, and record in the MBCx Findings Log. 2) Define Functional Performance Testing needed to identify further Improvement Opportunities. d. Analyze utility and collected data to establish building, system, or equipment baseline performance. e. Conduct Functional Performance Testing 1) Determine the objectives and scope of Functional Performance Testing. 2) Draft and submit a Functional Performance Test protocol. See, for example, the Functional Test Guide and the Commissioning Functional Test Protocol Library at http://building.lbl.gov/hpcbs/ftg. 3) Perform Functional Performance Testing. 4) Witness Functional Performance Testing. 5) Collect and analyze trend data and other data generated from Functional Performance Tests to identify Improvement Opportunities. Update MBCx Findings Log accordingly. f. Evaluate Improvements in the MBCx Findings Log and recommend which improvements should he implemented during the course of this project, and which should be addressed through future work. Provide prioritization. Provide supporting information, including: any calculations, trend and portable logger data, functional test results, building simulation parameters and results, site visit reports, or photographs that were used to identify the problem or opportunity. g. Update the Draft MBCx Report by adding the following sections 1) Data Analysis (include descriptions of analysis performed, noted discrepancies, system trends and optimization opportunities) 2) Baseline 3) Functional Performance Test Protocol 4) Functional Performance Testing (include dates and descriptions of tests performed, noted discrepancies, system trends, and optimization opportunities. 5) Analysis of Improvement Opportunities and Recommendations 6) Current Version of the Findings Log h. Present Draft MBCx Report to the MBCx Project Team, and work with the Team to select Improvements to implement. Rev. (4) 8-17-07 Page 18 of22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 4. Implementation Phase a. Update MBCx Plan as needed to reflect the findings of the Investigation Phase. b. Implement Selected Improvements 1) Implement selected improvements. It is expected that this may involve activities such as implementing changes in the control programming, tuning control loops, performing maintenance tasks, and implementing simple repairs of system components. The Contractor will not provide materials, and no extensive repairs will he included. 2) Oversee implementation of selected improvements that are implemented by campus staff or outside contractors. c. Review any updated graphics, points list, and new or revised sequences of operation. d. Inspect any improvements to equipment or systems, and repeat Functional Performance Tests and collect and review trend data as needed in order to witness and document improved performance. e. Document Remaining Improvement Opportunities 1) For the Improvement Opportunities that were not initially selected for implementation, including the more extensive or capital -intensive improvements; provide evidence of the potential benefits, and a rough estimate of the scope of effort required. 2) Assist the University with obtaining hard costs for implementing the remaining Improvement Opportunities. f. Review Findings Log to ensure that it is complete and that the status of findings is up-to-date. g. Update the Draft MBCx Report, by adding the following sections 1) Improvements Implemented (Log and description 2) Performance Improvement Verification 3) EMCS Update Verification 4) Remaining Improvement Opportunities (description, costs, savings) 5) Current Version of the Findings Log 5. Handoff Phase a. Update MBCx Plan as needed to reflect the findings of the Implementation Phase and submit to the MBCx Project Team for review. b. Based upon the findings of the investigation phase and the new instrumentation installed, work with the campus staff to develop specifications for, and implement data trending routines and control programming for ongoing diagnostic tests to be conducted by the building operation staff or regular service contractors. c. Provide Training 1) In the course of delivering pre -investigation and investigation phase tasks, work with campus staff with a goal of training them on the procedures. This may include topics such as identification and installation of additional monitoring points and additional ongoing diagnostic tests. To ensure the persistence of savings from the MBCx activities, campus staff should have a clear understanding of the points being monitored, the collected trends and the diagnostic routines. Rev. (4) 8-17-07 Page 19 of 22 Agreement #50594, Amendment 94 Digital Energy, Inc. Rider A4, CSU Commissioning Effective: 8-17-07 2) At project conclusion, train campus staff on the operation of the optimized facility and equipment, discuss maintenance procedures and review the use of documentation including the systems manual. Also discuss energy saving projections and recommended corrective actions. d. Work with campus staff to incorporate the findings of the project into ongoing O&M activities. Place a particular emphasis on ongoing trending and re -commissioning of systems to ensure persistence of savings. e. Follow the agreed -upon M&V procedures for verifying the expected benefits at the conclusion of commissioning, and estimate the operating savings achieved through the improvements implemented. f. Review trended data and establish a new baseline for energy performance. g. Review Findings Log to ensure that it is complete and that the status of findings is up-to-date. h. Update Draft and Submit Final MBCx Report 1) Update the Draft MBCx Report, by adding the following sections a) Ongoing Diagnostics b) Training c) O&M Plan d) Report on Verification of Benefits and Estimation of Operating Savings e) Establishment of New Baseline f) Final Findings Log 2) Compile a complete MBCx Report and submit for review. 3) Present final MBCx Report to MBCx Project Team. i. Draft and submit a NfBCx Systems Manual, to include the following sections 1) Final MBCx Report 2) General building or plant description 3) Systems diagram 4) Building and equipment schedules 5) Summary of available documents 6) Building control point list 7) Equipment list, description 8) Sequence of operation 9) Control set points 10) Alarm set points 11) Available monitoring points and active trending capabilities 12) Control graphics or diagrams 13) O&M Plan 14) Ongoing diagnostics 15) M&V Plan 6. Oversight a. During the course of the project; conduct periodic (at least monthly) meetings of the MBCx Project Team. Develop and circulate meeting agendas, facilitate meetings, compile and circulate minutes. Rev. (4) 5-17-07 Page 20 of 22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 b. Submit monthly progress reports to the project manager. This shall include accomplishments, plans, milestones, issues and financial aspects. C. SERVICE DURATION Service duration shall be negotiated with the Service Provider D. FEE SCHEDULE (MBCa) Fee for MBCx of a building/group of buildings or a Central Plant shall be negotiated with the Service Provider based on the floor area and complexity of the systems. Service provider shall provide scope and a detailed cost breakdown of the each task. The fee developed for each task shall be based on the following hourly rate schedule: ��l Maximum Rate �Disis-c-i_p-lline Senior Program/Project Mgr. PE, CLMP ( — $195 Per Hour Senior Energy Engineer PE $175 Per Hour Energy Engineer $125 Per Hour Energy analyst / Junior Engineer _ $90 Per Hour ----- i---- Fieltechnician ( $75 Per Hour CAD Operator u $75 Per Hour — Engineering/Administrative Assistant $60 Per Hour E. PAYMENTS: Payments for services shall be made in arrears for work completed to the satisfaction of the Trustees upon presentation of a written statement not exceeding the amounts specified below: F. INVOICING: Invoicing for services shall: 1. Be sent to the campus project manager named in the Service Order & Authorization to Proceed; 2. Identify campus, project name, and project reference number; 3. Reference the Service Order Authorization number being billed against; 4. Indicate what work and the percentage completed on each invoice; and 5. Reference only a single project per invoice. G. REIMBURSABLE EXPENSES: The fee for monitoring based commissioning shall include normal operating expenses incidental to this work. Reimbursable expenses should not be needed in the typical course of providing commissioning services. Extra services if any shall be paid in arrears when completed The following are not reimbursable expenses: a. Travel expenses incurred in the course of providing commissioning services are included in the base fee amount and are not reimbursable. Rev. (t) 8-17-07 Page 21 of 22 Agreement #50594, Amendment #4 Digital Energy, Inc. Rider A-4, CSU Commissioning Effective: 8-17-07 b. Shipping charges, phone calls, faxes, consumables, etc. incurred in the course of providing commissioning services are included in the base fee amount and are not reimbursable. H. EXTRA SERVICES: l . Via additional Service Order Authorizations and scope of services, the Campus may authorize supplemental services related to the commissioning process. Examples of such services would include the constructability Review 2. Extra services may also include reports and studies of the building mechanical systems as defined by the campus project manager. 3. Extra Services require pre -authorization in writing by the campus project manager and shall be issued as a separate Service Order Authorization to Proceed. Campus project manager shall provide separate scope of services and fee schedule for this work. Extra Services for different tasks may be combined into one service Order & Authorization to Proceed. Work across separate projects must be separately authorized. 4. Extra services if any shall be paid in arrears when completed Rev, (4) 8-17-07 Page 22 of 22 1. Date: 3/31 /2009 Professional Service Contracts Purchasing Certification 2. Contract Number: ADM 62e �7 e2l,5CIO 3. Department: City Administration 4. Requested by: Aaron Klemm 5. Name of consultant: Digital Energy, Inc. 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See attached 7. Amount of the contract: $149,136 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: Capital Improvement Reserve, Public Works Capital, Building Improvements, Account No. 10040314.82200 V 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over $100,000? ® Yes ❑ No (Note; Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). N/A meets inter -agency agreement policy 16. Attach proposed scope of work. Attached with contract 17. Attach proposed payment schedule. Attached with contract Department Head Signature 1. If the answer to this question is "No," the contract will require approval from the City Council. AT'TACH,MEN-T,,#2, 03/03/2009 15:51 8053762376 W WILLIAMS VROMAN VONK PAGE 01/01 0 DATEQv7M'ODMnYI CERTIFICATE OF LIABILITY INSURANCE s PRODUCER KRONEIANN INSURANCE AGENCY 22614 Camino DOS Rios #409 Newbury Perk, CA 91320 $05 499_2418 THIS CERTIFICATE IS ISSUED AS A :RATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# INsuRED DIGITAL ENERGY INC. IJairam Agaram 128 Auburn Court, Snits 106 wEsTT.AKW_ viLT AGE , CA 91362 INSURER A: Truck Insurance Exchange INsuRER e: Farmers Insurance Fxobanga INSURER 0:. ghaladelphia Inaurance Company INWRER 0: INSURER E: rn,reeAnec THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH2 INSURED NAMED ABOVE FOR TWE POLICY Pk'RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EY THE POLICIES 13ESCREED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POuCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a+aA L TYPEOFTWURANCE POLICY NUMBER POLICY EFFECTIVE DATE MA FOUCYEXPIRATION RATE MIO LIMIT$ -LT-4 GENERAL LIABILITY EACH OCCURRENCE s 2.000.000 DAMAGE. TO Hmwm- PREMISES PAOancA CAF S 2 000 000 X COMMERCIALGENtIRALLf'N�BITY '.,.IILi CLAIMSMADE 1.:OCCUR MEDE%P(Aayonepe r*. S 5,000 PERBONALAADVINIURY a 2,000,000 A x 601495859 09/21/09 09/21/09 OENERAL AGGREGATE s 4,000,000 GEN'LAGGREGATE UMITAPPUEBPER: PRODW'r4-QOMPQPAGG S 2,000,000 ] POLICY aPCmr LOC ALITOMOSILEUABILITY 001181HED SINGLE LIMIT ANYAUTO (Fa Q6*"Q S BOrper UURY e 25O 000 X ALLOWNEDAU(OS SCHEDULED AU709 (ParpaKO) , $ X X HIkWbAU1t* 141049369 09/21/08 09/21/09 BODIL�YIHaMURY XNON�OVYNEOAUT05 31 500,000 PROPERTY DAMAGE (Paracgd-0 ZOO OOO $ , .."aduaoil LMY AUTOONLY.EAACCIOENT a OTHERTrfAN FAACC $ ANYAUTO S ' AUTOONLY. A00 EXC$S "5KLLA LIABILITY EACH OCCURRENCE f� qq 4 1 .O0Q 000 X OCCUR CLAIMSMADE _. .... _ .._ - - ACCIRWATE S 1 OOO OO + 09242003 02/21/09 09/21/09 s A X DEDUCTIBLE • X RETENTION S 250 19 VWRIERST.OMP♦!'NSATIONAND VYOSTATU• 1IZ TORYUMIT5 eR EMIPLOY190 UA91LITY G.L. CAGh ACRC[NT S ANY 9ROaNIETOren'uer�+RiiGUrrvF E.L. DISEASE -EA EMPLOYEE S "OERMA*511 SKAXIA9_ ITyaydaxTflandar .16AI PROZTd1&e b0IPw E.L DISEASE - PouOY uMrr 5 C OTHER Prof Liability PDSD344799 07./13/08. 07/13/09 Claims made $1,000,000 Aggergate $2,000,000 DESCRIPTION PFOPFUTATIONB/LOCATIOHBIVEMICLE'BIEXCUISIONBAPP� RSFA7_ENT75P♦.CtAL PRDy`j@ �L AAAA�SYj T JENNE EM eG� , CrtyA 111 P-TICICSTG uAI n9m CANCFI 1 ATION Beach - Central F1T1Divi BHGULD ANY OF 711E ABOVE DESCRIBED POLICIES BE CANOR I BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS VM ITTBN Services Ditonvision $I�rv'iCAS DSYlBZon c Attn : SAII - Janet ilo�khart NOTICE To CERTIFICATE HOLDER NAMED TO THE LEFT, SLIT FAILURE TO DO SQ SHALL 2000 Main Street 1. . . IMPOSE NO OBLIGATION OR K A ND UPON 6 ER ITS AGENT'S OR Huntington Beach, Ca` 92648 REPRESENTATIVES. AunImmo,REPRN ACORU25(20GIM) .• �• o••, • ,•• •>g�vwvRTraTurnrurcnn�N Talus Client#:5375 DIGITtNtK ACORTM CERTIFICATE OFLIABILITY INSURANCE DATE IMMID 03103109DNY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0560 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A. American Automobile Ins. Co. Digital Energy, Inc. INSURER B: 128 Auburn Court, Suite 106 INSURER C: Westlake Village, CA 91362 INSURER D: INSURER E: OVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICYEMFFEQTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERALLIABILITY CLAIMS MADE F_�, OCCUR EACH OCCURRENCE $ FIRE DAMAGE (Any one fca) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPL IES PER: POLICY PE LOC PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ _ $ ^ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80965977 .. 09/01/08 09/01/09 WC STATU- O7H- X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEMCLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Huntington Beach - Central Services Division 2000 Main St. Huntington Beach, CA 92648 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Wl )= TOMAIL 3D.. _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD ER NAM ED TOTHE LEFT REPRESENTATIVE ACORD 25-S (7197)1 of 1 #S2488041M236252 TTH o ACUKU UUKFUKAI IUN 1!JUd WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80965977 Issued to: Digital Energy, Inc. By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Huntington Beach - Central Services Division 2000 Main St. Huntington Beach, CA 92648 WC 04 03 06 Countersigned by (Ed. 4-84) Job Description Authorized Representative ATTAHCM ENT #3 SOUTHERN CALIFORNIA E IS N An EDISON INTERNA770NALW Company March 16, 2009 Mr. Aaron Klemm Energy Project Manager City of Huntington Beach Dear Aaron: Thank you for all of your efforts to launch the City of Huntington Beach's partnership program with Southern California Edison. We are very hopeful this partnership will serve to benefit the residents and businesses of Huntington Beach as well as benefit the cause of energy efficiency for many years to come. We have reviewed your list of municipal projects for 2009 (attached) and want to express our appreciation for the city's commitment to lead by example in its conduct of energy efficiency. We are pleased to convey that we can offer the City of Huntington Beach an additional 6 cents per kWh of sustained energy savings resulting from successful completion of these identified projects in conjunction with its partnership with SCE. The 6 cents is offered in addition to the core SCE program offerings previously described to you. Should Huntington Beach successfully achieve the 2.3 MkWh of energy savings from the projects identified in the attachment and qualify for the SCE core programs at the incentive rates you have assumed in the attachment, then the City will be eligible for a total incentive of $347,265 (including the addition of 6 cents per kWh as described above). The terms of our Agreement to Jointly Deliver the 2006-2008 Orange County Cities Energy Efficiency Partnership Program will govern this effort and corresponding payments. Thank you again for your work, Aaron. if you have any questions, please call me at 626-633- 3033. es D. Hodge \<� oject Manager, SCE Project Name MBCx Civic Center MBCx Central Library IS projects Server room HVAC Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1,000,000 750,000 304,045 240,000 43,365 - - - - 304,045 240,000 1,043,365 750,000 - - - CRAC unit Verdiem/Big Fix Server Virtualization Core Incentive Assumed $36,485 $ 28,800 $ 81,735 $ 60,000 Bridge Funding level at 6 cents $ 18,243 $ 14,400 $ 62,602 $ 45,000 Total $ 54,728 $ 43,200 $ 144,337 $ 105,000 $ 347,265 "All assumptions/forecasts on this attachment are those of the City of Huntington Beach only and remain subject to future verification by SCE. " 9 1® MIE'N,,T., Y• 1 _ ■ %? Marc Ouitoriano Account Executive Southern California Gas Company ML 8313 1919 S. State College Blvd. Anaheim, CA 92806 Tel: 714-634-3190 Fax: 866-262-9240 Pager: 714-652-4500 Mquitoriano@semprautilities.com A Sempra Energy` utility April 3, 2009 Mr. Aaron Klemm Energy Project Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Aaron: Thank you for becoming an energy efficiency partner with The Gas Company. Our Business Energy Efficiency Program (BEEP) is designed to encourage customers, such as yourself, to use natural gas as efficiently as possible. The aim of our equipment enhancement incentive is to encourage your selection of best possible energy efficient/cost effective solutions. Your documents report a combined annual gas savings for the library and civic center to be approximately 48,000 therms. The Gas Company is committed to incent the city of Huntington Beach $1.00 per therm saved or 50 percent of project costs, excluding taxes. Actual incentive funding depends on final invoices and specifications. If you have any questions, please do not hesitate to call or email me. Sincerely, Marc Quitoriano Industrial Account Executive This posted information is provided solely for informational purposes. Although SoCalGas and SDG&E have used reasonable efforts to assure its accuracy, no representation is made that the contents are free from error, or suitable for use for any particular purpose. SoCalGas and SDG&E assume no responsibility for use of, or reliance on, this information by any party, and specifically advise such parties to discuss any decisions or actions related hereto with their own advisors and experts AT,TAC,H,-M"ENT��,#5�,­" ��KTPNjtijpy� O CFCOUN CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: FRED A. WILSON, CITY ADMINISTRATOR FROM: DAN T. VILLELLA, CPA SUBJECT: FIS 2008-09-12 Phase I Energy Efficiency Projects DATE: MARCH 30, 2009 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Phase I Energy Efficiency Projects." If the City Council approves this action, there will be no effect on any fund balance of the City since one amount ($175,000) was already budgeted, and the remaining payments represent prepayments that will be fully refunded to the city.. �za��,�X Dan T. Villella, CPA DTV/rs RCA ROUTING EET_`z'''rx-r:p`�T° �W INITIATING DEPARTMENT: ( ADMINISTRATION SUBJECT: Phase 1 Energy Efficiency Projects COUNCIL MEETING DATE: April 20, 2009 RCA ATTACHMENTS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorne) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACH ENT-3 REVIEWED _ RETURNED' FO.R A ���DED� Administrative Staff 4 t,- Deputy City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: �r (Belo_w Space F-drL City Clerk's lJse Only) RCA Author: Aaron Klemm, Energy Project Manager Page 1 of 1 Lockhart, Janet From: Daily, Linda Sent: Tuesday, March 31, 2009 11:42 AM To: Klemm, Aaron Cc: Lockhart, Janet Subject: Energy Efficient Lighting Funds in the amount of $175,000 are budgeted in Capital Improvement Reserve, Public Works Capital, Building Improvements, Account No. 110040314.82200. This abject code is building improvements. I believe it is still appropriate, as the assessment will lead to physical modifications. Janet, the professional services aspect is covered under our standard Section 8 of the budget resolution. Liv 0aVy Project Manager, Public Works Department City of Huntington Beach 714,536.5599 (daily_@surfcity_-hb.org A,, Please consider if you need another piece of paper before printing this message. 4/1/2009 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 22, 2009 Digital Energy, Inc. Attn: Jairam Agaram 125 Auburn Ct., Ste. 106 Westlake Village, CA 91362 Dear Mr. Agaram Enclosed for your records a copy of the Professional Services Contract between the City of Huntington Beach and Digital Energy, Inc. for Retro-Commissioning Services. Sincerely, JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan a Waltakere, New Zealand (Telephone: 714-536-5227