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HomeMy WebLinkAboutC-5227 - PSA for City of Newport Beach Energy Action PlanPROFESSIONAL SERVICES AGREEMENT WITH DIGITAL ENERGY, INC., FOR CITY OF NEWPORT BEACH ENERGY ACTION PLAN THIS AGREEMENT FOR PROFESS ONAL SER ICES ( "Agreement') is made and entered into as of this IV) day of At ,{(w 4 , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and, DIGITAL ENERGY, INC., a California Corporation ( "Consultant'), whose address is 128 Auburn Court, Suite #106, Westlake Village, CA 91362, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to develop near and long -term goals and procedures to reduce municipal and community energy consumption. C. City desires to engage Consultant to prepare a City of Newport Beach Energy Action Plan (`Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Jairam Agaram. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Nineteen Thousand, Eight Hundred Twenty Dollars and no /100 ($19,820.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: DIGITAL ENERGY, INC., Page 2 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jairam Agaram to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Iris Lee, Senior Civil Engineer, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. DIGITAL ENERGY, INC., Page 3 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). DIGITAL ENERGY, INC., Page 4 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. 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 the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 1 :2zTele] N MM11 Consultant is responsible for keeping the Project Administrator and /or her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. DIGITAL ENERGY, INC., Page 5 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. DIGITAL ENERGY, INC., Page 6 . 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or DIGITAL ENERGY, INC., Page 7 joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. DIGITAL ENERGY, INC., Page 8 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21, WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless DIGITAL ENERGY, INC., Page 9 City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: IrisLee Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3323 Fax: (949) 644 -3318 25.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Jai Agaram, P.E. DIGITAL ENERGY, INC., 128 Auburn Court, Suite #106 Westlake Village, CA 91362 Phone: (805) 374 -1777 Fax: (805) 374 -1779 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting DIGITAL ENERGY, INC., Page 10 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Compliance With all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. DIGITAL ENERGY, INC., Page 11 28.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 28.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] DIGITAL ENERGY, INC., Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NE 'S OFFICE Date: �� By: Aaro arp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, A California? nicipal corporation Date: 7/ / Director CONSULTANT: DIGITAL ENERGY, INC.,, a California Corporation Date: 7-1-2 -42 By:k 'U- S , b� By: Ja(ram A Aram Leilani I. Brown Jairam Agar City Clerk President 4, J�� \a .= X Date: By: Tom Brown Vice -President [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates DIGITAL ENERGY, INC., Page 13 Y,�' •,. I 28 Aubum Court, Suite 106 ,,, Westlake Village, CA 93065 15 ye..p• _ 'm:.: Phone: (805)374 -1777 ^"u -- Fax: (805)374 -1779 Digital Energy, Inc. digitalenergy.com Scope of Work: City of Newport Beach - Energy Action Plan This document provides details on the scope and implementation plan, and unique project management strategies and techniques Digital Energy, Inc. would use in the implementation of the City of Newport Beach Energy Action Plan. This Energy Action Plan will develop near and long -term goals, and procedures to reduce municipal and community energy consumption; and an implementation plan in reaching these goals. Step 1: Meeting with City of Newport Beach program manager to understand the big picture of key leads and stakeholders, organizational boundaries, existing City owned energy using facilities, existing policies and procedures and process involved in review and adoption of new programs and policies. Step 2: Formulation of the "domain challenges and opportunities' in a manner that entices the City will lead into brain - storming of ideas, options, and action plans. We will organize a joint workshop with all City leads assembled over a 4 -hour day on one or more days as required to engage in a productive session. The best of the ideas come from the field and it would be exciting to see each local government representative contribute to the success of the mission. In addition, we will present a detailed action plan on the overall scope of work. We will let each City lead understand exactly what we will be doing and what each City should expect to get out of participating in this effort. Major tasks, deliverables, and review time frames will be discussed and agreed upon. Step 3: We will research, analyze and develop an information base for case studies and examples of accomplishments at similar city and county governments. In addition, we will gather city specific data for the four cities. Data collection will include readily available information on City projects, programs, facilities, energy usage and budgets. The purpose of data collection is to have the information base ready and available for any analyses or illustration of examples related to impact of policy changes. Step 4: Development of case studies, guidelines, policy documents as a direct result of step -2 and step - 3; development of supporting models (e.g., Life Cycle Cost Analysis), or policy papers on each of the items noted in the scope of work. This includes such items as commissioning guidelines and how they need to be applied, the overall high level process in capital project design to deliver high - performance buildings far exceeding performance over Title -24, guidelines for development of the Owners Project Requirements, and so on. Step 5: Organizing discussion workshops where the draft documents can be discussed and complex issues and policies that are common to all city governments are brain - stormed. Step 6: Individual meetings with City government leads to customize certain aspects of the policies or applicable documents as needed. City of Newport Beach - Energy Action Plan s t? ". Digital Energy, Inc. 128 Aubum Conn, Suite 106 Westlake Village, CA 93065 Phone: (805)374-1777 Pas: (805)374 -1779 digitalencrgy.com Step 7: Finalization of the policy, approach, and guidance documents related to each of the domains for presentation to the City Council members. Step 8: Attending City /Board discussions as required ensuring safe passage of new measures recommended. Finally, revisions to the documents based on Council comments and recommendations at each City. Thank you for the opportunity to submit this proposal. We commit to deliver the best consultation services to the City of Newport Beach under the proposal. We look forward to providing the City with high - quality and timely support. If you have any questions at any time, please don't hesitate to contact US. Sincerely, ri Jai Agaram, P.E. President Digital Energy, Inc. City of Newport Beach - Energy Action Plan A. Scope & Methodology This section provides details on the scope and implementation plan, including methods and controls used by the firm, approach to soliciting comments from internal and external stakeholders, and unique project management strategies and techniques Digital Energy, Inc. would use in the performance of services. A.1 Implementation Plan A successful implementation plan requires great collaboration, communication, logical thinking and organizational and leadership skills. Every step of the way, each participant will have the opportunity to voice their opinions, concerns, and suggest ideas on making the work plan stronger and more effective. We can be the catalyst in displaying the key challenges and interesting ideas to be considered in each domain (see sample attached herein — as Domain Challenges and ideas, Exhibit B). With extensive commissioning experience in buildings that involved numerous contractors, sub - contractors, vendors and client representatives, we believe that we have the necessary skills to collaboratively engage in the discussion of ideas and complex issues to ultimately lead to a satisfactory closure of numerous open items. We propose the following high level steps in taking on this assignment. Step -1: First meeting with City of Newport Beach program manager to understand the big picture of key leads and stakeholders, organizational boundaries, existing City owned energy using facilities, existing policies and procedures and process involved in review and adoption of new Step -2: Formulation of the "domain challenges and opportunities" in a manner that entices the City will lead into brain - storming of ideas, options, and action plans. It is best to organize a joint workshop with City leads assembled over a 4- hour day on one or more days as required to engage in a productive session. The best of the ideas come from the field and it would be exciting to see local government representative contribute to the success of the mission. In addition, we will present a detailed action plan on the overall scope of work. We will let City lead understand exactly what we will be doing and what City should expect to get out of participating in this effort. Major tasks, deliverables, and review time frames will be discussed and agreed upon. Step -3: We will research, analyze and develop an information base for case studies and examples of accomplishments at similar city and county governments. In addition, we will gather city specific data for the City. Data collection will include readily available information on City projects, programs, facilities, energy usage and budgets. The purpose of data collection is to have the information base ready and available for any analyses or illustration of examples related to impact of policy changes. Step -4: Development of case studies, guidelines, policy documents as a direct result of step -2 and step - 3; development of supporting models (e.g., Life Cycle Cost Analysis), or policy papers on each of the items noted in the scope of work. This includes such items as commissioning programs and policies. guidelines and how they need to be applied, the A. Scope & Methodology overall high level process in capital project design to deliver high - performance buildings far exceeding performance over Title -24, guidelines for development of the Owners Project Requirements, and so on. Step -5: Organizing discussion workshops where the draft documents can be discussed and complex issues and policies that are common to all city governments are brain - stormed. Step -6: Individual meetings with City government leads to customize certain aspects of the policies or applicable documents as needed. Step -7: Finalization of the policy, approach, and guidance documents related to each of the domains for presentation to the City Council members. Step -8: Attending City /Board discussions as required to ensure safe passage of new measures recommended. Finally, revisions to the documents based on Council comments and recommendations at the City. A. Scope & Methodology B.2 Collaboration with Stakeholders As noted previously, the key to implementation of a successful program across independent agencies involves effective collaboration, diplomacy, and providing a platform that is conducive to effective brain - storming discussions. Dealing with the challenges and opportunities within each domain in a workshop setting, while actively seeking ideas from City is the approach we would highly recommend. 6.3 Unique Project Management Strategies Key to successful project management involves effective communication, ability to formulate and prioritize key tasks, action items, draw up realistic schedules and follow up with related parties on the closure of items. Digital Energy, Inc. has developed a unique web based commissioning issue log management software and database (VisualCx — See Exhibit C) wherein team members can log issues related to a project, post comments on an issue, upload and download documents , prioritize issues, and search applicable action items over the web. Email notifications are sent to project team members as issues are posted. This product will be used to effectively build a collaborative team for all project related interactions and document exchange during the course of this project. BA Approach to Achieving Client Satisfaction The #1 priority of Digital Energy, Inc. is quality and remaining responsive to client needs. During the entire 22 -year working history of the firm, Digital Energy, Inc. can proudly state that there has not been one single where it was felt they did not get the performance they expected out of the firm. A majority of the clients we deal with are public sector organizations such as the State of California (California Energy Commission), the California State University system -wide campuses, City governments (e.g., Huntington Beach, Westminster, City of La Canada Flintridge) and various school districts. Promptness in communication, promptness in task management, living up to commitments made regarding schedules and deliverables, and maintaining high quality of services at all levels are key to ensuring that client expectations are exceeded. During the duration of the contract, an active task list (or a check list) will be maintained on a per domain basis for City to make sure that no detail is missed from the overall scope of work delivered under this program. Routine reviews are encouraged from client representatives on whether our approach needs fine tuning. B.5 Schedule We can complete the project within the proposed timeframe. Exhibit A shows the estimated schedule and sequence of tasks. A. Scope & Methodology 6.6 Role and Tasks for City Staff There are generally three roles that are required of City Staff. First involves identifying key stakeholders and decision makers at various departments within the City that relate to the tasks under this program. The second role involves information sharing related to existing facilities, utility costs, capital programs, existing policies, historical sensitivities and a good information exchange on what works and what does not based on historical experience. The last and most important role involves attendance of the key City leads on this project in brain - storming workshops that are designed to encourage idea contribution as well as discussion of pros and cons of various approaches that will be developed under each of the domains identified within this RFP. B.7 Scope of work in -house versus sub- contracting Jai Agaram, P.E., will be the key contact and project lead for Digital Energy, Inc. Assisting Jai will be Lalo Ocampo, LEED AP, Vishal Diddi, MS., and Arvind Subramanya, M.S. Digital Energy, Inc. believes that it can manage all tasks related to the scope of work defined within this RFP internally and no other sub - contractors are expected to be used. The step -by -step implementation plan presented under 6.1 above details the manner in which we will strategize the overall work described under this RFP. Jai bring over 30 -years of work experience combined in project management within the fields of energy efficiency and facilities management respectively. B. Consultant Representative The prime contact and lead for this project will be Mr. Jairam Agaram, president of Digital Energy, Inc. Mr. Agaram will be responsible in charge of al duties from contract negotiations through project completion. Mr. Lalo Ocamp (Senior Engineer, Digital Energy, Inc.) will be alternate contact /representative for this project. B. Consultant Representative C. Project Team The following table points out major roles involved in the RPP and key staff members respectively appointed. Resumes at the end of this section provide their qualification summaries. Also, see the following figure for the organizational chart. Team Organizational Chart PROJECT ORGANIZATION CHART City Of Newport Beach a' !G ------- - - - - -- Program Manager I — ---- -- - City Leads _ II - a Participattnginldeas /fJiscusslons. I. - ----------- ^i - - ,.-- - ------ r"---- ---- ..-- - -.- -- 'I Jairann Ageram, P.E. ( Ogrer Digital Energy I Key fnntattand Lead tai Digital Energy, Inc. L Resources for I' f Adminlstretlm ` I. 130 Years energy project ecpedencej I" laWOWm7Vr LEI — vishal0iddi.MS. l LEEDCOnsultantand Energy Arvind SUbraman a Energy Analyst 19 Years energy Analyst lg Yearsenergy systems ll- y,M.S. I I 1 modeling and analysis experience) modeling and analnis I: Energy Analyst ) t experience) J f -- j I I L.----- -- _. -. -- ,- Consultant Tea lx, Members,_—_- --__— ..--- .------). C. Project Team I Digital Energy, Inc. Roles A Domain Jai Lela Vishal Arvind 1 Develop new building corarissloning guidelines /requirements X X X 2 Review Green building standards and consider in policy development X X 3 Assist nortmlating of Mnimum "reach Title 23 performence-based building energy efficiency goals X X 4 Develop policy on equipment/product specifications and/or standards Incorporating X 5 Assist in prescriptive and/or pertorrtanco standards for equipment and systems X X 6 Develop service level agreements betw set departments X 7 Develop energy all active O&M policies and procedures X 8 Develop owner's project requirements .('OW) incorporating energy policy standards X Develop basis of design ('BOD') guidelines Incorporating energy policy standards X Document values and draw abacks of Ihudparty, certilitalion X Provide analaysis and feasibility of LEB7NC as performance standards X X Provide analysis and feasibility requiring CA.LGreems voNrta t measures X Rovide analysis and leasiofAy integrating CALGreen and thud party certification X X Develop userafrlendfy We -cycle cost anaysis('LCA') models X X Develop Nadel Policy for Capital Projects X X Develop Customized Policy for Capital Projects X X X Develop educational outreach meetings and material for stakeholders and others B Domain 2 X X 1 Develop existing building ( "EB") rare commissioning guidelines /requirements X X 2 Review Green building OSM standards and incorporate applicable provisions X X 3 Develop equipmw_nVproducl specifications (prescriptive and performance standards) for high efficiency equipment. X 4 Develop service level agreements between departments X X X 5 Review ASHRAEcomiort and energy standards for contort zone related policy development X 6 Develop energy effective and inplementable O&M procedures /syslerrraprocesses X X 7 Review and present value and drawbacks of Md party certifications X B Review and study feasibility of L ® for ® as performance standards X X 9 Review and study feasiblity of Budd it Green for EB as prescroplive standards X 10 Develop Nadel Fbricy for O&M practices X X X it Develop Custorrized Policy for O&M practices X X 12 Develop educational outreach meetings and material for stakeholders and others. X X c Domain 3 1 Analyze impacs of state zero net energy 2020 residential goals. X X 2 Analyze impacts of slate zero net energy 2030 comrrercialgoals X 3 Develop feasloilly and palhw ays to compliance with rough order magnitude estimates X X 4 Nadel policy for Zero. Net Eenergy X X X 5 Custormze policy for Zero Net Energy X X 6 Develop edcalional outreach meetings and material for stakeholders and others X D Domain 4 X 1 Develop energy efficient project financial hurdle rate(s) for both shallow and deep retrofit X X X 2 Develop energy savings re- investment policy uffmng the lheonu policy as a guide X X 3 Develop financing options policy related to hurdle raies(s). X X 4 Develop Energy Star benchmarMng policy and calculate financial matrix X X 5 evaluate socis-political and economic suifabifty of Demand Response (" ) for local govt. accounts. X 6 Model policy for Zero Nel Eenergy X 7 Customize policy for Zero Nel Energy X 8 Develop edcallonal outreach meetings and material for stakeholders and others X X I % X Roles I Digital Energy, Inc. Pminl soheaulo CRT OF NEWPORT BEACH ENERGY AMON PLAN d M •. J.+. i P: MR 'mix. l aL+ °'l}i sl k.uawnP° htslif Ir a., {Ny c A ��.!LL Flu§_..11 ShLe_.s1ri�S �MJ. H 14 i9llY`PLRwS 1[@ _ _ . ileav:Elwmr " m.tS.m .. ri — K"auiTi�z •TnGF _ m swcmmww wwn rmz �I '., . � n+wwaw.nexw .m r rm •. e � a+wwnaymrmxxu aen.. n�avv ��; mwr .aa� w m jai: m ; -b- twxm.o-nwuA Gry xisp nn vmx rmi � xwwa.h.0 � uepz. rrsana wmn �: � � . x an,...mxn x�. rmxa�x wm. era' .+xwr.w.. .nanw� xnoa w. - xwe..w...•aw.ram.ww xmn: ea�o�x rx� '', � —'�., ', . � - ad �rn.,�w.me.... xm• n.xb wmh I b with Glaun Emrvv m =. PROJECT BUDGET PROPOSAL '�"'��` "__' °_' B °ee�� 2'seD °�.;�.f9'Ts.2aam° Digtal Energy, Inc. 128 Auburn Court, Suite# 106, Westlake Village, CA 91362 T: 805 374177; F: 805 374 1779 r :[i x; 2 r ?' skandSub astGro -p Jut ding BudgeC ors &< of LoadinBi to AA _ by askfGioUp Average 04 g RetcK r" L ' i rrlea my r:?W.rb.. Members , t` � dg Budget - (S`) 400 Research and Analyses Study sessions /workshops with City leads Stake holder education /outreach /case studies Policy formation /comment /review /finalization _ _ __ i��_ DOmafnfl2iA$M)P,c�ctl�•t"Aw,sLf� izt_:i;< !. ;44_ �5�40? $5.i6P Research and Analyses Study sessions /workshops with City leads Stake holder education /outreach /case studies Policy formation /comment /review /finalization ._�- . Damalnh9:= 2e %_wj:, ergy_' Z `;, :,!t:Kry .'48':.- - :, 519Qi =-. _ _ - •521520 Research and Analyses Study sessions /workshops with City leads Stake holder education /outreach /case studies Policy formation /comment /review /finalization ^- �_._ .'32�' -�._ Research and Analyses Study sessions /workshops with City leads Stake holder education /outreach /case studies Policy formation /comment /review /finalization DlPect- Costs',($W .;r -.. r a _] .� i. ? .. ,.' -- - ..,_ " . • :' .$19:320 r,....__ Printfblf Rdlinu4rsablel8ud -8t1 lY`:.•a, ^zr ..:.... �.... .. - -. . -.• � --- ... _, _. -. -. _$14;$20 Digital Energy, Inc. agrees that proposal and fee to remain firm for a period of 90 days from submission due date; i.e. May 4, 2012. Jairam Agaram Principal, Digital Energy, Inc. Digital Energy, Inc. City of Newport Beach Energy Action Plan Budget Proposal - May 4, 2012 - CERTIFICATE OF LIABILITY INSURANCE OATEIMMIDD012 PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION IN.R TR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KRONEMANN INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2814 Camino Dos Rios #409 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Newbury Park, CA 91320 fRQ51AQQ-241R INSURERS AFFORDING COVERAGE NAIC # INSURED DIGITAL ENERGY INC. INSURER A: Mid Century Insurance Company 28517 INSURER B: 128 Auburn Court, Suite 106 INSURER C: Phalidel hia Insurance Company WESTLAKE VILLAGE, CA. 91362 INSURER D' $ 2 000 000 PREMISES (Ea Dccurence) INSURER E COVERAGES THE POLICIES OF INSURANCE USTEDBELOW 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 SY THE POUCIES DESCRIBED HEREIN ISSUBJECT TO ALLTHE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN.R TR IDDL NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDDI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2 000 000 PREMISES (Ea Dccurence) $ 2,000,000 X COMMERCIAL GENERAL LIABILITY - CLAIMSMADE EIOCCUR MEDEXP(Anyoneperson) 3 S DQQ PERSONAL aADVINJURY S 21000,000 • x 601495859 09/21/11 09/21/13 GENERAL AGGREGATE $ 4,000,0001 GEN'L AGGREGATE UMIT APPUESPER: PRODUCTS - COMPICP AGO 5 x —I POLICY JET RO- LOC Contractual 1 000 000 AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALLOWNEO AUTOS SCHEDULED AUTOS • X HIRED AUTOS NON-OWNEO AUTOS 601495859 09/21/11 09/21/13 BODILY INJURY (PeraccidenH $ PROPERTY DAMAGE (Peramdent) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 OTHER THAN EAACC 3 ANYAUTO $ AUTO.ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S AGGREGATE S IOCCUR CI GLAIMSMADE S S DEDUCTIBLE 5 RETENTION 5 WORKERS COMIF IATION AND TORV LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE S OFFICEILIAEMBER EXCLUDED? Ilyes,Cescnbeunder SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S C OTHER Prof Liability PSHD65287.3 07/13/11 07/13/13 Claims made $1,000,000 Aggergate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ACORD25(2001108) .' ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach Public Works Department DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TO DO SO SHALL 3300 Newport Blvd Newport Beach, Ca 92663 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE I ER, ITS AGENTS OR REPRESENTATIVES. Attn : Iris Lee AUTHORIZED REPRESENTATI- i ACORD25(2001108) .' ©ACORD CORPORATION 1988 raianHb 5375 DIGITENER AC ®d? ®,M CERTIFICATE OF LIABILITY INSURANCE 0510112012 YI PRODUCER Dealey, Renton & Associates P. 0. Box 10550 Santa Ana, CA 92711 -0550 714 427 -6810 THIS CERTIFICATE IS ISSUED AS A MATTER 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 NAIC # INSURED Digital Energy, Inc. 128 Auburn Court, Suite 106 Westlake Village, CA 91362 INSURER As American Automobile Ins. Co. 21849 INSURER B: INSURER C: INSURER D: S INSURER E: $ COVERAGES 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. I SR LTR DD NSR rypE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDNY POLICY EXPIRATION DATE. MMIDD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE S DAMAGE TO RENTED $ MED EXP (Any one person) S PERSONAL 8 ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER POLICY J9RCT E-1 LOC PRODUCTS - COMPIOP AGO S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Pe, person) 5 BODILY INJURY (PeracciEenH $ PROPERTY DAMAGE (Peraccitlenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGO $ $ EXCESSIUMBRELLA LIABILITY ODOUR F—I CLAIMS MADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE $ AGGREGATE S 5 $ $ A WORKERS COMPENSATION. AND EMPLOYERS' LIABILITY R/ ANY PROPRIETORIPARTNEEXECUTIVE OF710ERIMEMBER EXCLUDED? If yes, descda, unee, SPECIAL PROVISIONS below WZP80996859 09/01/11 09101112 X WCSTAru- OTH. TORY I WITS SIR E.L. EACH ACCIDENT $1,000,000 E.L.DISEASE- EAEMPLOYEE $1,000,000 E.L. DISEASE�POLICV LIMIT $1,DOD,6DD OTHER T7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: CITY OF NEWPORT BEACH ENERGY ACTION PLAN City of Newport Beach Public Works Department Attn: Iris Lee 3300 Newport Boulevard Newport Beach, CA 92663 ACORD 2512001/0811 of 1 4M29A177/M292629 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30— DAYSWRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TMN 0 ACORD CORPORATION 198E CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7 -25 -12 Dept. /Contact Received From: Tania Date Completed: 8 -23 -12 Sent lo: Tania By: Renee Company /Person required to have certificate: Digital Energy, Inc. Type of contract: All other 1. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 9/21/11 to 9/21/13 A. INSURANCE COMPANY: Mid Century Insurance Company B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 / $4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No N/A F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ Yes ❑ No N/A G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9121/11 to 9/21/13 A. INSURANCE COMPANY: Mid Century Insurance Company B. AM BEST RATING (A-: VII or greater) A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 21 Yes ❑ No Ill. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/1/12 to 9/1/13 A. INSURANCE COMPANY: American Automobile Insurance Company B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 8/24/12 Date ® NIA ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ Yes ® No RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract.