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HomeMy WebLinkAboutPacificWest Energy Solutions, Inc. - 2024-11-19 (2) ^tiINGT�, , 2000 Main Street, cF;- ;,a•,., Huntington Beach,CA � _' City of Huntington Beach 92648 APPROVED 7-0 i File #: 24-823 MEETING DATE: 11/19/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, Acting City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Patrick Bannon, Capital Projects Administrator Subject: Approve and authorize execution of Professional Service Agreements with PacificWest Energy Solutions, Inc. and Alliance Building Solutions, LLC to conduct Investment Grade Audits (IGAs) of City Facilities Statement of Issue: The purpose of the Investment Grade Audits (IGAs) is to identify energy conservation measures (ECMs) with the highest potential for cost savings and operational improvements within City Facilities. Financial Impact: The financial structure for the proposed IGAs is based on a per-square-foot rate, contingent upon the City's decision to implement recommended ECMs: • PacificWest Energy Solutions, Inc.: $0 per square foot if recommendations are enacted; up to $0.05 per square foot if recommendations are not enacted. • Alliance Building Solutions, LLC: $0 per square foot for the initial audit. • Funding Cap: The maximum financial commitment for this phase is capped at $75,000, which will be funded through the City's existing budget for facility improvements. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and PacificWest Energy Solutions, Inc. for a Comprehensive Investment Grade Audit (IGA) of City Facilities;" and, B) Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and Alliance Building Solutions, LLC for a Comprehensive Investment Grade Audit (IGA) of City Facilities." Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. City of Huntington Beach Page 1 of 3 Printed on 11/13/2024 � f powered by LegistarTM .) -,-�J IQE ra �i 667 File #: 24-823 MEETING DATE: 11/19/2024 Analysis: On July 15, 2024 staff released a Request for Proposal for qualified energy services companies (ESCOs) to undertake comprehensive planning and consulting services. This includes conducting technical and economic analyses, also known as investment grade audits, on specified facilities and systems to implement one or more energy performance projects. ESCOs are expected to offer full turn-key services ranging from energy audits and savings analysis to the design and construction of capital improvements. Staff received 3 proposals from Pacific West Energy Solutions, Alliance Building Solutions, and Ameresco, Inc. Based on their proposals, the interviews, and zero-cost options, staff has selected two firms to conduct Investment Grade Audits (IGAs) from PacificWest Energy Solutions, Inc. and Alliance Building Solutions, LLC. These firms will identify energy conservation measures (ECMs) that will improve efficiency and reduce costs across 1.5 million square feet of city facilities. IGAs provide a detailed analysis of the City's facilities, pinpointing where energy efficiency upgrades can be made to generate long-term savings and operational benefits. Key benefits include: •Cost Savings: ECMs can reduce energy costs, freeing up funds for other City needs. •Operational Efficiency: Facility upgrades identified through IGAs can reduce maintenance and improve system performance. •Environmental Impact: The City can reduce its carbon footprint, aligning with state and federal sustainability goals. •Data-Driven Decisions: The IGAs establish an energy baseline, supporting strategic, data- based facility planning. Engaging Energy Service Companies (ESCOs) like PacificWest and Alliance provides access to specialized expertise and financing options that reduce the City's risk and financial burden: •Turnkey Solutions: ESCOs manage all project phases, from audit to implementation, reducing City administrative overhead. •Performance-Based Financing: ESCOs offer performance-based contracts, where payment is tied to achieved savings, ensuring accountability. •Technology and Expertise: ESCOs bring the latest technology and efficiency insights, helping the City optimize ECM choices. By conducting these audits and partnering with ESCOs, the City can pursue significant operational and financial improvements across City facilities, ensuring lasting energy efficiency gain. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections -- 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 6 - Infrastructure Investment, Strategy C - Conduct an assessment of all City facilities to City of Huntington Beach Page 2 of 3 Printed on 11/13/2024 powered by Legistar'"' 668 File #: 24-823 MEETING DATE: 11/19/2024 determine priorities for upgrades and repairs, implementation and financial priority. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. PacificWest Energy Solutions, Inc. Contract 2. Alliance Building Solutions, LLC Contract 3. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 11/13/2024 powered by LegistarT" 669 PROFESSIONAL.SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC WEST ENERGY SOLUTIONS, INC FOR A COMPREHENSIVE INVESTMENT GRADE AUDIT(IGA):OF'CITY FACILITIES 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 yeferred to as "CITY," andJACIFICWEST ENERGY SOLUTIONS, INC„, a hereinafter referred to as "CONSULTANT " WHEREAS,.CITY desires, to engage the services of a consultant -to perforni a comprehensive InVeStinent,Gra4e Audit(IGA)of City facilities, and Pursuant to documentation on Mein 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: 1, 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 Robert Cho who shall represent.it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement: 24-15441/358107 1 401'12 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 PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on November 19, 2024 (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 two (2) years 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, including all costs and expenses, not to exceed One Million Dollars ($1,000,000.00). 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 such work only after receiving written authorization from CITY. Additional 24-15441/358107 2 of 12 `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"Ii" DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title tO all Materials. prep4red hereunder;. including, -without limitation, all original drawings, designs, reports, both.field and office notices, calculations, computer code; language; data or piogiams, 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 tit, 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indetrinify 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, costa and fees of litigation, of every nature. or liability of any kind. of nature) arising out of or in connection with CONSULTANT'S (or CONSULTANT'S subcontractors; if any) negligent (or. alleged. negligent) performance of this Agieement 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,mas 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 cdtinsel. This indemnity shall 241 544 I/3 58O7 of 1 Apply to all clairriS.andliability regardles$ of whether any insurance policies ate applicable: 'The policy 'limits do not act as limitation upon: the amount of indemnification to' be provided by CONSULTANT. B TO, the extent that CONSULTANT performs "Design Professional Services' within the meaning of Civil Code Section '278 .g, then the following Hold Harmless provision applies,in place of subsection A above: '`CONSULTANT hereby agrees to protect, defend,. indemnify and hold harmless CITY and its officers', eleeted or appointed officials, employees, agents' and vOlutiteers, from and against any arid all claims, damages, losses, eXpetiseS, demands and defense costs(including, without limitation,,costs‘.and fees of litigation of every nature or liability of any kind,or.nature) to the,extent that the claims against CONSULTANT arise out of, pertain or relate to the negligence, recklessness, or willful, misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/Or litigation is unable tam its share of defense costs due to"bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs'. The duty to indemnify, including'the ditty and the cost to defend,is limited, as provided in California Civil Code Section 2782,8. C. 'Regardless of whether subparagraph A or 114 applies; CITY shall be reimbursed by CONSULTANT for all costs and attorney's. fees incurred by CITY in enforcing this.obligation., This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not :act as a limitation upon the amount of indemnification,to be provided by CONSULTANT.. 24-15441/358107 4:of 12 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish ta CITY a 13):OfeSS10110, 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. ($1.6,000.:00) or less is;permitted. A'claims-Inade policy shall 130 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 fntlite, CONSULTANT will make every effort to maintain similarinsurance 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 .twb (2. i 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,anapaid for, the CITY shall,have the right, at the.Mrs, election; to forthwith.terminate-this Agreement. Such termination shall not 24-15441/358107 5 of 12 effect Consultant's right to'be paid for its time.and:materials expended prior to notific@tiOn of termination. CONSULTANT W0.1ies. the right to receive compensation and agrees to :indemnify the CITY-far any work pert ormed 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,,requirectby this Agreement the certificate shall: A. provide the name and policy,nuniber of eackcarrier at-10,1)44; 13, state that the poliey.igentrently 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 iionparti"ent of premium. CONSULTANT shall maintain the foregoing. insurance &Overage in 'force until the work under this Agreement is hilly completed and adcepted by CITY. The requirement. for carrying the foregoing insurance coverage shall not derogate from.:CONSULTANT's defense;:hold harmless,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 ontheinsuranee hereinabOVe reqnited., 11. INDEPENDENT CONTRACTOR CONSULTANT is,-and shall bei,acting at all times in the performance of this Agreement as an independent contractor herein, and,not as.an,employee of CITY. 24-15441/358107 :6 of 12 • :CONSULTANT shall secure at its:OW.1'1 cc..st and expense, and be responsible for any and. all payment. Of all z takes, gold . eettrity; 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: T . .NT :O.rAOREEMENT All work required hereunder Shall.be performed ma good and workmanlike ianner. CITY.may terminate CONSULTANT's services hereunder.at.any time with or without cause,and whether or not the PROJECT is folly complete. Any.*Inflation of this Agreel*i1t. 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..60.tici,k,Of:ciTY, become its property. and Shall be promptly deliVeredtO it by CONSULTANT. t 3. ASSIGNMENT AND D8IZGATION. This'Agreement i.s a persOnal,:servicecontract 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 stlbecifisUltaifts must satisfy the insurance requirements as set forth in$00tiors 9.and 10 hereinabove,.. 14. cOPYRIOFITS/PATENTS CITY'shall'own:all rights:,to any patent or copyright on any work, item or material pt,odopect as a result of this::Agreement: 2445441/358107 7,of12" 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor. any regular CITY employee in the-work performed pursuant to this Agreement, Na:officer or employee of CITY shall have any financial interest in.this Agreement in violation of the applicable provisions of the;CaliforniaGovernment Code, 16.; NOTICES. Any notices, cOtti0-0410k.Or communications,hereunder shall be,given either by .personal delivery. to CONSULTANT'S agent (as designated. in Section, I hereinabove) :to CITYfas:the situation shall Warrant, Orby enelOsingthe:same in a sealed envelope, postage prepaid, and depositing the same in the United:States Postal Service; to the 'addresses specified below. CITY and CONSULTANT may designate different addresses to AnChsubsequent notices,certificates or other cchrhhhhiehO0a1*.i1) 1*..Sh notifying the other party via ,personal -delivery, a reputable Overnight carrier. or U. S. Certified mail-return receipt requested: TO CONSULTANT: City of HttntingtOti aeaCh Pacific West Energy Solutions,Inc. AVM; Dir. of Public Works ATTM: Robert Cho 2000 Main Street: 400 Spectrutn-Center:Drive Huntington Beach,;CA.92648: Irvine;CA 9261-8' 'CONSENT When CITY$ .chh$Ohtidppritivhi is required under this Agreement, its: consentiapproval for one'transaction or event Shall not be deerocto be a.consentlapprovai to any subsequent occurrence of the same or any other transaction or'event. 2445441/358.107.• of'12 18. MODIFICATION No waiver'br modificatiOnof 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 eOnVSeriiOnee of reference only And-are riot 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 oi interpretation of any proViSibri OfthiS:.Agreement. 20.. INTEkPk.ETATION 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 oriipprtoro jurisdiction to be unenforceable, void; illegal or invalid, s110.h.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 he 'deemed to include the othot Whenever the context; So *indicates or requires. 'Nothing.Contained herein shall be' construed. so as to require the,commission of any.4.4- -contrary to law; and wherever there is any Qatiflit between pitvisiori contained herein •ancl,any present Or filtUre stab:ltd.,law, ordinance orregulation contrary to.which the parties have no right to.contract, thenthe latter shall prevail,.and the provision of this Agreement .24-15441/358107 9 of-12 which is hereby affected Shalt be curtailed.an&limited only to the.eXtent necessary to bring it:within the requireMeritS of the 21. DUPLICATE ORIGINAL The original of this.Agreement and one or,itiOtO:COJiS hereto have:been, prepared:and,signed in counterparts as duplicate originals, each of whieliso executed shall, irrespective of the date of its execution and delivery, be deemed an .origthal, 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 inmigration 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 SERVICESSUI3CONTRACTING PROHIBITED CONSULTT and CITY agreethat CITY isnot liablefor 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 ,ATTORNEY'S FEES Irr the event suit is brought by either par•ty tO Construe; interpret and/or enforce the terms and/or provisions of this Agreement,or to secure the performance hereof; each party shalt bear its own attorney's fees, such that the prevailing party shall not be. entitled'to recover-its-attorney's fees from thenonprevailing party, 2415441/35$107 In of 12 25. SURVIVAL. TOMS and conditions:Of this-Agreement, which by their sense and context survive the expiration or ternaination of this Agreement, shall sc-sntYiYe. 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 thatits signature-hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, AO:Shall indemnify 'CITY full)/ UV any injuries:or damages to CITY in the event that such authority orpower is:not, in fact held by the signatory or is withdrawn. 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:aelsnOwIedge and agree that no'representations, inclucements„ 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.Agrcpmpta, and,that that party has not executed this,Agreeinent 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 xespOting 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. 24-15441/358,107 111. of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, PACIFICWEST ENERGY SOLUTIONS, INC. a municipal corporation of the State of California By: cs.A— — p anager print name ITS: (circle one)Chairma PresidentNic resident INITIATE ND PPR V A By: Director of Pu tc Works APPROVED A FORM: (A) print name ITS: (circle one)Secretary/ ief Financial Offi r/Asst. Secretary—Treasurer Attorney Date RECEIVE AND FILE: 9A71- City Clerk Date /tea f / 24-15441/358107 12 of 12 EXHIBIT A. STATEMENT-OF WORIC (Narrative of work to be.performed) Conduct a comprehensive Investment Grade Audit(IGA)of its facilities. The purpose of this audit is to identify energy conservation measures mcmovvith the highest potential for-cost: savings:and Operational improvements. The ESCO will develop adetailedprojegt proposal based on the findings,including energy savings estimates, financial analysis, and recommendations for implementation; Evaluation The IGA.and project proposal:Will be evaluated-"Asa On: • Depth.and.quality of the energy audit. • Accuracy and transparency of savings'calculations. • Feasibility and cost-effectiveness of the proposed ECMs. • Financial model and risk management • Ability to meet the City's operational, financial, and sustainability goals. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Audit and Project ProposaI Phases , 1.1 Preliminaty A.ssessinent and Facility Review • Conduct initial site visits and consultations with City personnel to gather operational data and understand existing facility conditions. • Review historical energy consutnption data(electricity; gas, water) for the past 12-36 MOrlts. • Develop an initial understanding of facility Operating patterns, equipment performance, and energy usage profiles • Identify potential areas for immediate improvement and setptiorities.for a more detailed investigation. 1.2 Investment:Grade Audit(MA): The IGAMUstillelude a:tildrough,and detailed analysis of all energy-consuming systems, and infrastructure across the:designated faCilitieinelucling,ttiot limited to: • HVAC and Building Automation Systems: 1 Othibit A Evaluate and upgrade IIVAC,equiPinent and controls for optiMal peifinee and energy efficiency, integrating smartbuilding automation. • Lighting Systems: Retrofit lighting systems with energy-efficient fixtures:and advanced controlS. • Water Efficiency Systems: Improve water usage through plumbing upgrades and irrigation system optimization. • Building Envelope,. Enhance thermal efficiency of walls,roofs, windows, and insulation to.reduce energy loss• • •Renewable.Energy Systems: Explore solar,wind, and other renewable energy options for on-site generation,including integration into an Overall.Sustainability plan. • Stnall-Seale Mierb-Grid Santions: Investigate micro-grid systems to enhance energy resilience through renewable energy and battery storage. • EV Charging Infrastrticturef Plan and install electric vehicle charging stations, considering grid impact and renewable integration. 1.3 Deliverables oldie 16A: • Detailed energy audit report covering all ECMs, equipment inventory,System performance, and operational inefficiencies. • Energy savings calcUlations,fofeabh ECM using industry-standard methodologies(e.g., ASHPAE, IPMVP). • Life-cycle cost analysis (LCCA) foi each ECM, including capital costs, maintenance costs, and savings over time. • AsSeSsaient ofrisks, performance uncertainties.,,and the reliability ofsavings projections.; 1.4 Projeet,PtopOsal Development- Based on the findings of the IGA,the ESC°will develop a detailed project proposal that includes!' • Recommended ECMs A prioritized list of ECMs with their associated energy savings, implementation costs,payback-periods, and return on investment(ROI)., • Design and Engineering Plans Conceptual design solutions for each ECM, including specifications for equipment and'materialS. • Financial Analysis;: O Breakdown of capitatinvestment requirements. O Projected energy savings..(kWh,therms, gallons, etc.)and operational.savings over the project's lifetiine. o Available finding options,including utility rebates, incentives, and potential 'grants, 2 Exhibit A .9 !V140044:ttiotleli,including:Wing§gtiarantees and CaSkflOW:projections. • In plementatiort Schedule: Proposed:timelines for,each phase of implementation, including procurement, construction, and commissioning: • Measurement and Verification( 44V): Strategy for measuring and verifying actual energy savings post4inplementation,inaccordance.-with the WIVIVP.or other industry standards.. • Maintenance,and Training Plan Plan for long-term maintenance of installed systems and training for City personneLto ensureefficientoperation& 2. Deliverables Xnvestme4t.0:40 Audit:Root • Comprehensivelepoit detailing the ecriditibuofall.assessed,systemsi,identified E(Nitsi energy-savings;estimatesandepStibenefit analysis. • .Preliminary engineering designs and specifications for the proposed.ECIAs. 2.2.Project Proposal • A complete project proposal including financial models, savingsProjp.ctiOnS.;and an imPlementationroadmap, • Documentation of.all:fitfaricitig optiong.and:terms,for the City's consideration: • Final project proposal document viith:FCMprioritizaticiti,project timelines,and perforniaticegtwantees: • 3. Performance.Ouarantee. The ESCO.will provide a performance guarantee, ensuring that the actual energy savings meet or exceed the projected:saving& If the guaranteed savings are not achieved,the ESCO will compensate the:City for,the difference in perforMance, , . ITY.!&DUTIES,AND.R8SPONSMILITIES: The,.City willprovide access to.facilities,.historicalenergy 1154p,data,.'and$stafftnastin the coordination of the Artdityroces . D WORK PROGRAM/PROJECT SCHEDULE The ESCO will complete the IGA.und submit the project proposal within 12 months of project kick Off, Wilbj..t:A.. 411, Payment Schedule (flourl)r Payment) A. Hourly Rate CONSULTANTS fees for such services shall be based upon the following hourly rate and cost schedtle: Principal. S205.00/hour Senior Engineer/SeniorProject Manager $180.00/hour Engineer/Project Manager $155:9 Wilbur Energy Analyst $115:00/hour CAP, Designer $105.00/hour Administrative Assistant $75:00/hour B. Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance;the total fees and costs incurred io date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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 monthly payment due: Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total.amount of the payment due; D)' Include a certification by a principal member of CONSULTANT's firm that the work has been P617fPirried in aceoTdanee:with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 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 CAI r`y Such approval shall not be unreasonably withheld-. If CITY does':not approve an.invoice,:CITY shall notify. CONSULTANT in.wilting'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, of until:this Agreement has expired or is terminated'as prodded herein. 5:: Any billings for extra work. or additional services authorized inn advance and in 'writing by CITY:shall he'invoiced separately to CITY Such invoice;rshall;contain all of the information;required•above, and in addition;shall,list the hours expended and:hourly rate charged for such tine. Such ii voices;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 ineuried: 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: ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) L .," 10/1/2025 12/92024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL,INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers,LLC NAMEACT Lusine Hovsepyan CA License#0B99399 PHONE .213 655-9760 FAX IA/C.No.Ekl): (A/C,Nol: 777 S.Figueroa Street,52nd II. E.NAILADDRESs, Lusine.Hovsepyan@lockton.com Los Angeles CA 90017 213-689-0065 INSURER(S)AFFORDING COVERAGE NAICE INSURER A:Valley Forge Insurance Company 20508 INSURED PacificWest Energy Solutions,Inc. INSURER e:National Fire Insurance Co of Hartford 20478 1552322 9250 Reseda Blvd#500 INSURER C:American Casualty Company of Reading,PA 20427 Northridge CA 91324 INSURER D:Convex Insurance UK Limited INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 21206295 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMrtIORYYYI IMMIDD/Y1'YYI A X COMMERCIAL GENERAL LIABILITY N N 7040271214 10/1/2024 10/1/2025 EACH OCCURRENCE 5 2,000,000 DAMAGE TO RENTED CLAIMS-MADE [1 OCCUR PREMISES(Es occurrence) S 1,000,000 _ MED EXP(Any one person) S 25,000 PERSONAL&ADV INJURY $ 2,000,000 GENT.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY n JEC [I LOC PRODUCTS-COMP/OPAGG $ 4,000,000 X OTHER:Deductible:$100K $ B AUTOMOBILE UASILRY N N 7040271228 10/1/2024 10/1/2025 lEaAa dEaOISINGLE LIMIT $ 2,000,000 x- ANY AUTO BODILY INJURY(Per person) $ XXXXXXX _ AUTOS OED NLY _—AUUTTOSuLED BODILY INJURY(Per acddent) S XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY _� AUTOS ONLY (Per accident) Co)nu/Collision 5 $1,000 UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE S XXXXXXX — - EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION S $ XXXXXXX WORKERS COMPENSATION PER OTH- _ C AND EMPLOYERS'UABILITY N WC 7 4027 123 1 ADS) 10/1/2024 10/1/2025 X STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WC 7 40271245(CA) 10/1/2024 10/1/2025 EL.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? n NIA (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1.000.000 D .Pmfessiounl/Pollution N N CPL000021-1024 10/1/2024 10/1/2025 Each Occurrence:$10,000,000 Aggregate:$10,000,000 Retention:$10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addnlonel Remarks Schedule,may be attached If more apace Is required) Re:Professional Services ContraCLBetween PacificWest Energy Solutions,Inc.and City of Huntington Beach(CA) APPROVED AS TO FORM, B MICHAEL E. GATES CITY ATTORNEY GITYy OLLIUNTINGTON BFACH CERTIFICATE HOLDER C-A LATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 21206295 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington BeachACCORDANCE WITH THE POLICY PROVISIONS. Attn:Dir of Public Works 2000 Main Street AUTHORIZED REPRESENTATIVE ' ey . Huntington Beach CA 92648 Cyr i ©1988-2 5 ACORD CORK; TION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD fIc‘c ;;;nFaIN�p�— CITY OF .ti :r�,�<9 — n� =a HUNTINGTON BEACH ��?cFCpUfVTV CPS/a 0,d Lisa Lane Barnes I City Clerk December 13, 2024 PacificWest Energy Solutions, Inc. Attn: Robert Cho 400 Spectrum Center Drive Irvine CA 92618 Dear Mr. Cho: Enclosed for your records is a fully executed original of the "Professional Services Contract between the City of Huntington Beach and Alliance Building Solutions, LLC for A Comprehensive Investment Grade (IGA) of City Facilities", approved by the Huntington Beach City Council on November 19, 2024. Sincerely, - vd-k, rr Lisa Lane Barnes City Clerk RE:ds Enclosure Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov it,: . : , irtiiii, . , . ,A: 10! INGr : lititi lib. , . 10 $01101606)646 .. . -.414kikk 40)04 -tIAp.061.A Lei ' Approve Professional Service • Contracts for Investment Grade -� �1'f , " , Audits (IGAs) to Alliance Building '. .: Solution LLC and PacificWest --7,-,.'r::--.: ::":7 .77'.-:-.;1 --z"--...,.. . . ". .:.-..e. vic . § .. Energy Solutions, Inc. , . ..,,, ,:,, , , ..,,,,,..--„,..,. . . ./.> ):,it.../., .1,_ „...„,;., , -0 i-.-- 4'...t.- ; . :-- :C- 40,4? • ' , '.%. "Tke."7''.:777-' '''' , '''':'-'. .*- i 4 0 . ,(14:‘ '. P114°:11). .4..C4:' 1:7 I 1 0:$,A II. ' 11/411'4 i : a` ti fob 0 IF Public Works Department �.��; Date: November 19, 2024 704 BAC KG ROU N RFP Release Summary . Date: July 15, 2024 . Purpose: Solicit proposals from qualified ESCOs for energy planning and consulting services. Scope of Services . Conduct Investment Grade Audits (IGAs) on specific facilities. . Provide turn-key services: energy audits, savings analysis, design, and construction of capital improvements. Proposals Received /of NTlNGr . Firms: PacificWest Energy Solutions, Alliance Building Solutions, Ameresco, Inc. ° : cod 660 Selection Outcome r� e . Based on proposals, interviews, and cost assessments, PacificWest Energy Solutions andCP 7 , Tr1 Q 0� Alliance Building Solutions were selected to perform IGAs. ,;� ,t ryas r oo. '74':ill 705 NEED/IA/ HY/BENEFITS Cost Savings . Identifying ECMs to reduce energy expenses, allowing funds to be allocated to other City needs. Operational Efficiency . Targeted upgrades reduce maintenance and improve facility performance across 1.5 million square feet. Environmental Impact . Reduced carbon footprint, supporting state and federal sustainability goals. Data-Driven Decisions �: ' • IGAs establish an energy baseline for strategic, evidence-based facility planning. , $ N*ova R � `^ $ �:� ,cfi � • 47 m it s 1 iittAt/OOUN..T%1.: l#r 706 FUNDING/SCHEDULE Funding Structure . PacificWest Energy Solutions, Inc. • $0 per square foot if recommended ECMs are implemented. • Up to $0.05 per square foot if recommendations are not implemented. . Alliance Building Solutions, LLC o $0 per square foot for the initial audit. ▪ Funding Cap: ��, o Maximum commitment of$75,000, funded through the City's existing budget for facility aaaa • 4 improvements. 0a, •e ° Schedule �. � • IGAs to be conducted in a timely manner, with timeline of projects contingent on scopes4 - iv ,: identified in the IGA Ctl °� ���� /' 707 RECOMMENDATION • Approve and authorize the Mayor and City Clerk to execute the Professional Service Agreement between the City of Huntington beach and the PacificWest Energy Solutions, Inc. and Alliance Building Solutions, LLC 49, �11'1\\ T1Nuf, 0 Q :Of ,s4NV'00 708 . ., \ ' '• '''', tni°18.1° , , ,,,' ' °,.;°' 1,,,'' ,a.i ',,t."t'..44, 1'''t''''''r-t.44A"Ik'''14,.N• .. ,' • Ques L 4 .ions . 4. .,,f, , 4 tt, . ... , ',...0w Ivo, • . . i., • , :,...:. ,•4...o, ., • ' ,,,V. 't..he.,,,...",41,4%..>......,,i.A., .1,,r 4--.. .t-A, .. ,.. , .. .,..Itl,.'''' l'. 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'., '----,,- '" ., , geNced"• '.:04i*k 709 \ T NGTpy L :,.:.3c :� +` CITY OF HUNTINGTON BEACH 'F��UNTV. •'� Finance Department � o NOTICE OF INTENT TO AWARD Date: October 1, 2024 Project: Energy Performance Project's Consulting 2024-0805 Selected Proposer: Multiple The evaluation panel assigned to City of Huntington Beach RFP No. 2024-0805, Energy Performance Project's Consulting recently convened to evaluate the proposals submitted to the City. The City evaluated the 3 proposals received using a Qualifications-Based Selection (QBS) process incorporating a multitude of factors aside from, but including, pricing. The criteria utilized to evaluate the proposals are as follows: • Compliance with the RFP Requirements • Approach, Understanding of Project and Methodology • Qualifications and Experience • Educational background, work experience • Proposed Cost, Price, Fees • References They have made the conclusion to award this RFP based on this evaluation. The following table illustrates the final distribution of all proposers after this comprehensive evaluation process. Upon award, copies of all proposals related to this RFP may be requested for review. Selected Non-Selected ALLIANCE BUILDING SOLUTIONS, INC Ameresco, Inc. PacificWest Energy Solutions, Inc. The City would like to thank all proposers for the time and resources contributed toward this RFP process. If you were selected a City representative will be reaching out to you for next steps of contract execution. Congratulations and we look forward to working with your firm for these scope of services. With regards, Cody Hernandez Buyer Codv.hernandez@surfcitv-hb.org