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HomeMy WebLinkAboutCenter for Sustainable Energy; 2017-09-27; PUB17Y-0013AMENDMENT N0.1 TO EXTEND THE AGREEMENT FOR CONSULTING SERVICES CENTER FOR SUSTAINABLE ENERGY This kdment No.1 is entered into and effective as of the 2.,.1::rlr,..._ day of ?v\,,<2,A .t , 2019, extending the agreement dated September 27, 2017 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Center for Sustainable Energy, a California not-for-profit corporation, ("Contractor") (collectively, the "Parties") for the professional consulting services for Project No. PUB17Y-0013. RECITALS A. On September 27, 2017, the Parties executed the Agreement for the professional services of an energy efficiency expert that is experienced in designing policies, programs, and ordinances related to building energy conservation, renewable energy, and zero-emission vehicle infrastructure and B. The Parties desire to extend the Agreement for a period of six (6) months. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of six (6) months ending on September 26, 2019. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By: INABLE ENERGY, ofit corporation (print name/title) (sign here) (print name/title) BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY )(IV~ Assistant City Attorney City Attorney Approved Version 1 /30/13 2 AeRD8 CERTIFICATE OF LIABILITY INSURANCE I DATE(MIWDDIYYYY) 09/21/18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATlVEL Y OR NEGATlVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement A statement on this certificate does not confer rights to the certlflcate holder In Heu of such endorsementts) . PRODUCER ...,n,-v, NAME: Alliant Insurance Services, Inc. r1JRN£-: lf~Nol: 1301 Dove Street, Suite 200 .,_,._ Newport Beach, CA 92660 ADDDl:tttt• INSURHISl AFFORDING COVERAGE NAICIII INSURERA: GREAT AMERICAN E&S INSURANCE COMPANY 37352 INSURED INSURERB: CENTER FOR SUSTAINABLE ENERGY 3980 SHERMAN STREET, STE. 170 INSURERC: SAN DIEGO, CA 92110 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN8R TYPE OF INSURANCE IADDL 8UBR ,r.PJForl#n POUCYEXP Llll IN8D WVD POLICY NUMBER UIIITS A X COMMERCIAL GENERAL LIABILITY X 2145200 01 09/29/18 09/29/19 EACH OCCURRENCE !t7 nnn nnn ~ □ CLAIMS-MADE lu OCCUR DAMAGE TO RENTED PREMISES £Ea occurrence\ !t1 nnn nnn MED EXP (Any one person) II.I/A ~ GL DED: $1,000 ~ PERSONAL & ADV INJURY !t7 nnn nnn GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE II.I/A* ~ □PRO-□LOC !t7 nnn nnn POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY 2145200 01 09/29/18 09/29/19 fi:~~~~d~~ti>INGLE LIMIT $7,000,000 f----X ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ x X HIRED NON-OWNED iROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ONLY Per accident) AUTO DED: $1,00 l UM/UIM LIMIT $1,000,000 UIIBIU!LLA LIAS H OCCUR EACH OCCURRENCE $ - EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EIIPLOYERS' LIABILITY Y/N I PER I STATUTE I VIM-ER ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? fllanclatory In NH) E.L. DISEASE -EA EMPLOYEE $ f ts, describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Acldlllonal RemarbSchedule, may b• lltlachllll I monapace 19 raqund) "POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE AS RESPECTS AGREEMENT FOR CLIMATE ACTION PLAN OUTREACH. CITY OF CARLSBAD SHALL BE NAMED AS ADDITIONAL INSURED. ADDITIONAL INSURED ENDORSEMENT ATTACHED. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEU.ED BEFORE 1200 CARLSBAD VILLAGE DRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AU'IHORIZED IU!PRESENTATNE I 4-~A~,.d_ @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 AGENCY NAMED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER: Alliant Insurance Services, Inc. CENTER FOR SUSTAINABLE ENERGY POLICY NUMBER 3980 SHERMAN STREET, STE. 170 2145200 01 SAN DIEGO, CA 92110 CARRIER GREAT AMERICAN E&S INSURANCE COMPANY I NAICCODE 37352 EFFECTIVE DATE: 09/29/18 ADDITIONAL REMARKS THIS ADDITlONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 (2016/03) FORM lln.E: CERTIFICATE OF LIABILITY INSURANCE Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the Participation Endorsement. The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation endorsement written notice staling when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address shown in the participation endorsement, written notice staling when, not less than ten (1 0) days thereafter, such cancellation shall be effective. of 3 ACORD IOI (2008/01) ~2008 ACORD CORPORATION. AH rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Designated Person or Organization This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS Name of Person or Organization: Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only as respects "Personal Injury" (including "Bodily Injury") and "Property Damage" arising, in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the participation endorsement of this Policy: However, additional insured coverage provided by this insurance will not be broader than coverage required in the written agreement. GL330138 0916 Includes copyrighted material ofISO Properties, Inc., 2004 with Page 1 of 1 its permission TIIlS ENDORSEMENT CHANGES THE POLICY. PLFASE RF.AD IT CAREFULLY. Primary and Non-Contributory Coverage Endorsement This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS The following is added to Section VIII. COMMON POLICY CONDITIONS: If insurance similar to this insurance is held by a person or organization that is an additional insured on this policy, this insurance is primary to that other insurance. The "Company" shall not seek contribution from that other insurance for amounts payable under this insurance for liability arising out of the "Participating Named Insured 's" ongoing operations perfonned for that person or organization under a written agreement. However, the provisions of this endorsement do not apply to a person or organization unless the "Participating Named Insured" had a written agreement with that person or organization requiring: a. This insurance be primary insurance; b. They be an additional insured on this Policy; and c. The written agreement was entered into prior to the date the "Participating Named Insured's" operations for that person or organization commenced. GL330152 0911 Includes copyrighted material ofISO, Inc., used with permission Page I of 1 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DA TE (MII/DD/YYYY) ~ 09/21/18 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 BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlftcate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 stetement on this certlftcate does not confer rtahts to the cerllftcate holder In Heu of such endorsement(s). PRODUCER """'""' NAME: Alliant Insurance Services, Inc. rm?.Nrfo. &n: l,~Nol: 1301 Dove Street, Suite 200 ;--_.: Newport Beach, CA 92660 INSURERISI AFFORDING COVERAGE NAICI INSURERA: GREAT AMERICAN E&S INSURANCE COMPANY 37352 INSURED INSURERB: CENTER FOR SUSTAINABLE ENERGY INSURERC: 3980 SHERMAN STREET, STE. 170 SAN DIEGO, CA 92110 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR ADDL 8UBR ,r/'~ ,r/'JForJW.n LIMITS L'lll TYPE OF INSURANCE IN8D WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABIJTY X 2145200 01 09/29/18 09/29/19 EACH OCCURRENCE !1:7 nnn nnn -□CLAIMS-MADE ~ OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence\ !1:1 nnn nnn ✓ MED EXP (Any one person) 1\1/LI - GL OED: $1,000 PERSONAL & ADV INJURY !1:7 nnn nnn - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 1\1/11 * M □PRO-□LOG PRODUCTS -COMP/OP AGG !1:7 nnn nnn POLICY JECT OTHER: $ A AUTOIIOBILE LIABIUTY 2145200 01 09/29/18 09/29/19 COMBINED SINGLE LIMIT $7,000,000 /Ea accident\ >-----X ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /Per accident\ AUTOS ONLY ~ AUTO OED: $1,00D UM/UIM LIMIT $1,000,000 UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ ~ EXCESSUAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WOllKERS COMPENSATION I ~-\%uTE I I ER -AND EMPLOYERS' UABIUTY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? flllandatory In NH) E.L. DISEASE -EA EMPLOYEE $ f ~es, describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIP110N OF OPERA 110NS / LOCA 110NS / VEHICLES (ACORD 101, Adclltlonal Remalb Schedule, may be atlllchlld If morupace la rwqulrad) "POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE AS RESPECTS CONSULTING SERVICES AGREEMENT FOR CAP. CITY OF CARLSBAD SHALL BE NAMED AS ADDITIONAL INSURED. ADDITIONAL INSURED ENDORSEMENT ATTACHED. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 FARADAY AVENUE THE EXPIRA110N DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTllORIZED REPRESENTATIVE I ,dcA~ @1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 AGENCY NAIIED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER: Alliant Insurance Services, Inc. CENTER FOR SUSTAINABLE ENERGY POLICY NUIIBER 3980 SHERMAN STREET, STE. 170 2145200 01 SAN DIEGO, CA 92110 CARRIER NAICCODE GREAT AMERICAN E&S INSURANCE COMPANY I 37352 EFFECTIVE DATE: 09/29/18 ADDITIONAL REMARKS THIS ADDl110NAL REMARKS FORM IS A SCHEDULE TO ACORD FORII, FORII NUMBER: ACORD 25 (2016/03) FORII TIT1.E: CERTIFICATE OF LIABILITY INSURANCE Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the Participation Endorsement. The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation endorsement written notice stating when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be effective. of 3 ACORD JOI (2008/01) ©2008 ACORD CORPORA TIO~. All nghts reserved. The ACORD name and logo are registered marks of ACORD I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Designated Person or Organization This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS Name of Person or Or2anization: Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only as respects "Personal Injury" (including "Bodily Injury") and "Property Damage" arising, in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the participation endorsement of this Policy: However, additional insured coverage provided by this insurance will not be broader than coverage required in the written agreement. GL330138 0916 Includes copyrighted material ofISO Properties, Inc., 2004 with Page 1 of 1 its permission THIS ENDORSEMENT CHANGES THE POLICY. PLFASE RFAD IT CAREFULLY. Primary and Non-Contributory Coverage Endorsement This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORA TIO NS The following is added to Section VIII. COMMON POLICY CONDITIONS: If insurance similar to this insurance is held by a person or organization that is an additional insured on this policy, this insurance is primary to that other insurance. The "Company" shall not seek contribution from that other insurance for amounts payable under this insurance for liability arising out of the "Participating Named Insured's" ongoing operations performed for that person or organization under a written agreement. However, the provisions of this endorsement do not apply to a person or organization unless the "Participating Named Insured" had a written agreement with that person or organization requiring: a. This insurance be primary insurance; b. They be an additional insured on this Policy; and c. The written agreement was entered into prior to the date the "Participating Named Insured's" operations for that person or organization commenced. GL330152 091 I Includes copyrighted material ofISO, Inc., used with permission Page I of I A~RD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (MII/DDIYYYY) 09/21/18 THIS CERTIFICATE IS ISSUED AB A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATlVELY OR NEGATlVELY 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 REPRESENTATlVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A stetement on this certltlcate does not confer rights to the certificate holder In lleu of such endorument(s). PRODUCER -nOftVO NAME: Alliant Insurance Services, Inc. f~N£-: lf~Nol: 1301 Dove Street, Suite 200 _,._ Newport Beach, CA 92660 annD"""'" INSUlll=IIISI AFFORDING COVERAGE NAICI ... URERA: GREAT AMERICAN E&S INSURANCE COMPANY 37352 INSURED ... URERB: CENTER FOR SUSTAINABLE ENERGY 3980 SHERMAN STREET, STE. 170 IISURERC: SAN DIEGO, CA 92110 IISURERD: ... URERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN8R ADDL 8UBR POLJCYEFF ,~nrfll.n LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER fMllnJIWYYVI LIMITS A X COMMERCIAL GENERAL UABUTY X 2145200 01 09/29/18 09/29/19 EACH OCCURRENCE s;7 nnn nnn ~ ~CLAIMS-MADE EJ OCCUR DAMAGE ·wE RENTED PREMISES Ea occurrence\ s;1 nnn nnn MED EXP (Any one person) 11.1/.0. ~ GL OED: $1,000 ~ PERSONAL & ADV INJURY s;7 nnn nnn GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 11.1/.0.* ~ □PRO-DLoc PRODUCTS -COMP/OP AGG s;7nnn nnn POLICY JECT OTHER: $ AUTOMOBILE LIABILITY PE~~~~~d~~llNGLE LIMIT - ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /Per accident\ -AUTOS ONLY - UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I ~~%UTE I I UIM- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? fllandnlry In NH) E.L. DISEASE -EA EMPLOYEE $ f ~es, describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional RarnarbSchedule, may be llllllchecl If more apace la required) "POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE AS RESPECTS SERVICES AGREEMENT. THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS SHALL BE NAMED AS AN ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF ACTIVITIES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. ADDITIONAL INSURED ENDORSEMENT ATTACHED. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CITY OF CARLSBAD ATTN: LISA CORNWALL 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ACORD 26 (2016103) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEU.ED BEFORE THE EXPIRA110N DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cl 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo 819 registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 AGENCY NAMED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER: Alliant Insurance Services, Inc. CENTER FOR SUSTAINABLE ENERGY POLICY NUMBER 3980 SHERMAN STREET, STE. 170 2145200 01 SAN DIEGO, CA 92110 CARRIER I NAICCODE GREAT AMERICAN E&S INSURANCE COMPANY 37352 EFFECTIVE DATE: 09/29/18 ADDITIONAL REMARKS THIS ADDITlONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 (2016/03) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the Participation Endorsement. of 3 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Designated Person or Organization This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS Name of Person or Organization: Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The City of Carlsbad, its Officials, Employees and Volunteers shall be named as an Additional Insured with respect to liability arising out of activities performed by or on behalf of the Named Insured with respect to Services Agreement. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only as respects "Personal Injury" (including "Bodily Injury") and "Property Damage" arising, in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the participation endorsement of this Policy: However, additional insured coverage provided by this insurance will not be broader than coverage required in the written agreement. GL330138 0916 Includes copyrighted material ofISO Properties, Inc., 2004 with Page 1 of 1 its permission AGREEMENT FOR CONSUL TING SERVICES CENTER FOR SUSTAINABLE ENERGY PROJECT NO. PUB17Y-0013 THIS AGREEMENT is made and entered into as of the 2Jtvl day of S~eev= , 2017, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and CENTER FOR SUSTAINABLE ENERGY, a California not-for-profit corporation, ("Contractor"). RECITALS A. City requires the professional services of an energy efficiency expert that is experienced in designing policies, programs, and ordinances related to building energy conservation, renewable energy, and zero-emission vehicle infrastructure. B. Contractor has the necessary experience in providing professional services and advice related to developing energy conservation ordinances consistent with Carlsbad Climate Action Plan requirements. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred twenty thousand dollars ($120,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". REV. 09/06/2017 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance City Attorney Approved Version 4/1/15 2 carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name David de Cordova Title Principal Planner Community & Economic Department Development City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. (760) 602-4604 For Contractor Name Shelly Murphy Title Senior Director of Programs Address 9325 Sky Park Ct. Suite 100 San Diego, CA 92123 Phone No. (858) 633-1396 Email shelly.murphy@energycenter.org Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 4 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor, Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 5 employee, any fee, commIssIon, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II II II II City Attorney Approved Version 4/1/15 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CENTER FOR SUSTAINABLE ENERGY, a California not-for-profit corporation By: President (print name/title) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By _// 1(# MAT~ Mayor City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 4/1 /15 7 SCOPE OF SERVICES Work Plan The objective for this scope of work is to address the following CAP actions: • Action A-3: Adopt an ordinance, similar to those passed by Lancaster and Sebastopol, which requires new homes to install PV panels to offset a portion of their energy use. • Action B-1: Adopt a commercial energy conservation ordinance requiring all new nonresidential developments with more than 50 cars surface parked or on roofs of parking structures to use PV panels over at least half of the surface/roof-parked cars, or provide equivalent energy conservation/generation by other means (over and above other requirements). • • • • Action B-2: Adopt an ordinance requiring existing nonresidential developments to install PV panels to offset a portion of their energy use. • Measure I: Promote replacement of incandescent and halogen bulbs with LED or other energy efficient lamps. [NOTE: CAP recommends that new construction projects could provide at least 75% LED (or similarly efficient) lighting]. • Action 1-3: Evaluate the feasibility of adopting a minimum natural lighting and ventilation standard, based on local conditions. • Action J-2: Adopt residential and commercial energy conservation ordinances requiring new residential and commercial buildings to install solar water heaters or heat pumps, or use alternative energy (such as PV-generated electricity) for water heating needs. • Action L-5: Adopt requirements for ZEV parking for new developments. • Action L-6: Adopt a residential energy conservation ordinance, similar to Palo Alto, requiring the installation of EV chargers or pre-wiring in new residential construction and major renovations. Task 1 -Research Other Ordinances Approach CSE and our partner, TRC, will conduct an in-depth assessment of ordinances adopted by other jurisdictions that address photovoltaic systems, solar and alternative energy water heating, and electric vehicle charging infrastructure for both residential and commercial construction to inform development of ordinances for the City of Carlsbad. We will draw on our knowledge of existing ordinances both within California and nationally to identify best practices and highlight the most practical and cost-effective approaches for ordinance adoption and implementation. CSE's research will include phone interviews with other jurisdictions that have adopted similar ordinances to understand their intent, alternative pathways considered, and lessons learned from the adoption and implementation processes. TRC will focus on more technical research, namely the identification of existing cost-effectiveness studies to support parameter development and their applicability to the City's efforts. We will also draw on our extensive knowledge, and that of TRC, regarding existing and proposed minimum standards established by Title 24, Parts 6 and 11, California's Building Energy Efficiency Standards and the Green Building Standards Code (CALGreen), to ensure the City's proposed ordinances align with and do not duplicate existing standards. CSE and City Attorney Approved Version 4/1 /15 8 TRC will discuss Carlsbad's proposed ordinances with the CEC Building Standards Office and the California Building Standards Commission (CBSC) to provide the City with an understanding of the implications of future code cycles on the ordinances being considered for adoption. For example, the 2019 Building Energy Efficiency Standards, expected to be implemented in 2020, will likely include mandatory solar PV systems for new homes. The City of Carlsbad may want to consider aligning its approach for mandatory solar PV with the state's anticipated direction to establish leadership and prepare local builders and building owners for the state requirements, while remaining in alignment with the City's CAP goals. This approach would also place the City in a position to provide valuable feedback to the CEC to help shape future statewide minimum standards that work toward a ZNE future for California. Deliverables Task 1 activities will culminate in a memorandum summarizing the research findings. The memo will address information about ordinance purpose and intent, applicability, exemptions, definitions, minimum requirements, and alternative methods of compliance. The memorandum will discuss the extent to which the ordinance requirements are already addressed in the latest version of California Building Codes or other recent state legislation, as well as standards currently under development. Additionally, the memorandum will address whether the contemplated local ordinance will require approval by the CEC or other state regulatory authority, and if so, will outline the process necessary for such approval(s). Task 2 -Develop Parameters for Draft Ordinances Approach To develop ordinance parameters, our team will consider research gathered in Task 1, input from City staff, CAP greenhouse gas reduction goals, the CAP Compliance Checklist, the draft CAP Implementation Plan, and requirements imposed upon local development projects to date. CSE proposes to meet with City staff early in the parameter development phase to discuss the CAP-related resources, the intent for the desired ordinances, and key considerations related to the performance of cost-effectiveness (cost-effectiveness) studies, where applicable, to align on approach and ensure the end products meet the City's needs and best serve the CAP goals while remaining cost-effective and strategic in the context of the state's direction for building energy codes. TRC will join this meeting to provide key technical insights regarding cost- effectiveness of proposed measures and context related to Title 24. For ordinances that require cost-effectiveness analyses, CSE and TRC will assess the validity of existing cost-effectiveness studies and, if necessary, TRC will perform new cost-effectiveness studies during the parameter development process. It is critical that the cost-effectiveness analyses be performed at this stage of ordinance development, rather than after ordinance language has been prepared for public review, as only cost-effective measures should be included in the requirements to minimize cost impacts to affected development projects and to ensure the ordinance will pass both the public review period and the CEC review and approval process. CSE would like to avoid a situation in which the City releases draft ordinances for public review that include measures that are not cost-effective, only to revise them later and extend the public review timeline. This will streamline the ordinance development process and ensure the most well-informed and near-final ordinance drafts are released to the public in Task 3. City Attorney Approved Version 4/1 /15 9 The project team proposes that the cost effectiveness analysis be done on a 'bundled' basis for measure groups that address multiple CAP actions and measures as opposed to conducting separate cost effectiveness analyses for each CAP action independent of the others. Results will be provided at the CAP action/measure level. TRC will develop cost effectiveness analysis intended to be approved by the CEC, or other regulatory body, as applicable. Cost effectiveness analysis of the CAP actions/measures will include cost data collection and energy savings benefits specific to the Carlsbad region (Climate Zone 7). TRC will implement the following cost effectiveness methodologies, which have been successfully used for previous local ordinances and code enhancements: 1. The CEC Life Cycle Cost Methodology, which uses Time Dependent Valuation, for efficiency measures (e.g., LEDs, solar hot water, heat pump water heaters). 2. An On-Bill cost effectiveness methodology, which uses utility rates to determine cost effectiveness from the building owner perspective, for solar PV and EV related measures TRC will assess cost effectiveness for prototypes representative of the existing and new construction buildings in Carlsbad. Prototype development and finalization will be coordinated with City staff, but may include prototypes for single family home (one and two story), multifamily, medium office and retail strip mall. These prototypes may be based on those used by the California Energy Commission for their Codes and Standards Enhancement Studies (CASE) as well as those used by ASHRAE for 90.1 as appropriate. Deliverables Task 2 activities will culminate in a memorandum detailing the selected parameters for each ordinance and the justifications for their selection. Justifications will include, but not be limited to, CAP goals and objectives (including GHG reductions estimates), California clean energy goals and developing standards (e.g. 2016 and 2019 energy and green building standards), cost-effectiveness of requirements, and available incentives and resources to offset the cost of the required measures. Any cost-effectiveness analysis performed by TRC to inform parameter selection will also be provided to the City as a deliverable. Based on discussion with City staff, CSE and TRC will not perform research or cost effective analyses on residential rooftop solar, natural ventilation or high efficiency lighting. We will provide explanation of the rationale for eliminating these elements in our summary memo. Task 3 -Prepare Public Review Draft Ordinances Approach CSE will compile the results of Tasks 1 and 2, including feedback and direction from City staff, to prepare draft ordinance language for public review. CSE will utilize the ordinance template provided by the City and ensure the draft language follows the standard format of the Carlsbad Municipal Code. Deliverables Task 3 deliverables include draft ordinance language for all ordinances agreed upon in Task 2. City Attorney Approved Version 4/1 /15 10 Task 4 -Conduct Stakeholder Engagement Approach CSE's first step in Task 4 will be development of a Stakeholder Engagement Plan for review and approval by City staff. The Stakeholder Engagement Plan will outline all engagement activities and the coordination steps necessary to prepare for and execute the activities, including staff's role in noticing and promoting public meetings. The Plan will incorporate direction from staff regarding appropriate stakeholders and CSE's knowledge of the Carlsbad building community and effective stakeholder engagement activities. CSE proposes to meet with City staff in early December to gather input and direction, including information on case study projects that could be used to help educate stakeholders about the proposed ordinances. CSE will defer to the City's best practices for soliciting public feedback and any lessons learned during the CAP development process. Outreach activities may include: • Targeted stakeholder meetings: CSE anticipates holding multiple meetings with targeted stakeholders throughout the ordinance development process to ensure the needs of key stakeholders are being heard and considered. CSE will work with City staff to identify key stakeholders for each of the sectors addressed by the new ordinances. • Public meetings: CSE anticipates coordinating and presenting at least one public meeting, with a limited number of additional presentations generated via direct outreach (see bullet below). CSE will prepare a slide deck introducing and explaining the proposed ordinances, along with example of practical project implications. CSE staff will take detailed notes at all public meetings for incorporation into the summary memo for this task and to inform changes to the proposed ordinances. • DirecUemail outreach: CSE anticipates reaching out directly via email to key stakeholders. Direct outreach may include informational emails from Carlsbad's Communications Department with an opportunity to provide written feedback via web form during a limited, clearly communicated, public input period. CSE proposes to perform targeted outreach to stakeholders with information regarding ordinances that will directly affect them to ensure messaging remains salient and recipients do not "tune out" messaging from the City. For example, outreach to residential contractors and homeowners would address the residential ordinances, property developers would receive information regarding the ordinances that address new construction. Similarly, EV charging installers would receive targeted information regarding the EV-charging ordinance. CSE suggests that stakeholder messaging be clear and straightforward, including a description of the compliance process and at least one example of how the ordinance will practically apply to a specific project. Additionally, CSE proposes to include in outreach messaging information that supports implementation, specifically case studies of successful projects that incorporate the required measures, their upfront costs, the resulting energy and cost savings, and GHG reductions. CSE will also provide information on incentives, rebates and other resources to help offset any additional project costs associated with the ordinance requirements. CSE will pull from the cost-effectiveness studies to inform financial messaging to stakeholders, including relative cost impacts and simple payback for required measures. City Attorney Approved Version 4/1 /15 11 After securing approval from City staff on the Stakeholder Engagement plan, CSE will execute the engagement activities in coordination with the City's Planning Division and Communications Department. At the conclusion of the engagement activities CSE will document the process and all feedback received in a draft summary memorandum. CSE proposes to discuss this draft, all input received from stakeholders, and any necessary changes to the ordinances resulting from stakeholder feedback with City staff at an in-person meeting. The draft summary memo will be finalized after meeting with City staff and aligning on ordinance adjustments. Deliverables CSE will provide a Draft Stakeholder Engagement Plan that clearly outlines the stakeholder engagement process and all roles and responsibilities shared among City staff and CSE. CSE will solicit feedback on the draft and incorporate any edits in a final version. CSE will not embark on any engagement activities until this plan has been approved by City staff. Deliverables will also include attendance at several targeted stakeholder meetings, up to four public stakeholder meetings, presentation slides for delivery at meetings, copy for stakeholder emails including case studies for representative projects, and printed copies of key ordinance information and supporting documentation for distribution at stakeholder meetings. Task 4 activities will culminate in a memorandum detailing the engagement process, feedback received from stakeholders, and the resulting changes to the proposed ordinances (if applicable). Task 5 -Prepare Final Draft Ordinances & Support Council Adoption Approach Based on the outcome of stakeholder engagement activities and meeting with City staff in Task 4, CSE will prepare final draft ordinances. Should any changes require revisions to cost- effectiveness studies, TRC will perform those revisions. For each ordinance, CSE will prepare a clean version for submittal to Council and a version with edits indicating changes that resulted from the stakeholder engagement process. CSE will support staff at City Council hearings, assumed for July or August 2018, and will be prepared to present on and/or discuss all aspects of the ordinances and the ordinance development process. Deliverables Task 5 deliverables include all agreed-upon final draft ordinances, both clean and mark-up copies. Task 6 -Support CEC Application Approach Once CSE has the final direction from staff regarding ordinance development (including changes resulting from public review), CSE and TRC will prepare applications to the CEC for all ordinances that require their review and approval (i.e. any local standards that are more stringent than Title 24, Part 6). Upon receipt of the application packet, CEC staff review the documentation and, if complete, place the ordinance on a 60-day public comment period per Section 10-106 of the Building Energy Efficiency Standards. CSE and TRC will be available during this 60-day period to respond to public comments and provide clarification regarding the City Attorney Approved Version 4/1 /15 12 ordinance requirements and the cost-effectiveness studies, if necessary. After the 60-day period the application is brought in front of the Energy Commissioners for final approval. Deliverables CSE will provide completed applications and documentation supporting CEC review and approval of any local standards that are more stringent than Title 24, Part 6. Task 7 -Proiect Coordination & Administration Approach CSE will perform ongoing project coordination and contract administration to ensure project deliverables are met on time and within the established budget. CSE's project manager and a key TRC staff person will attend the kickoff meeting with City staff early in the project timeline, and CSE will host monthly check in calls to provide a forum for ongoing collaboration and progress toward deliverables. CSE will prepare monthly invoices and written progress reports detailing the previous months' progress toward completion of deliverables for all tasks. Deliverables CSE will provide invoices and progress reports to City staff. CSE will host monthly coordination calls with City staff. Proiect Schedule Table 1 depicts the proposed schedule for all activities outlined above, commencing from the date of this agreement. Table 1. Schedule 1 Research Other Ordinances 2 Develop Parameters for Draft Ordinances 3 Prepare Public Review Draft Ordinances 4 Conduct Stakeholder Engagement 5 Prepare Final Draft Ordinances & Support Council Adoption 6 Prepare Application for CEC Approval & Support CEC Rev iew 7 Project Coordination & Administration Proiect Deliverables 111111111111111111mmmm Table 2 provides a list of deliverables by task and their anticipated target delivery date to City staff. Dates are subject to change based on the need for multiple iterations on deliverables or other delays. City Attorney Approved Version 4/1 /15 13 Table 2. Project Deliverables . Anticipated Tasks Deliverables O 1. e 1very 1 Research Other Ordinances 2 Develop Parameters for Draft Ordinances 3 Prepare Public Review Draft Ordinances 4 Conduct Stakeholder Engagement 5 Prepare Final Draft Ordinances 6 Prepare Application for CEC Approval 7 Project Coordination & Administration Proiect Costs Draft summary memo Final summary memo Draft summary memo Final summary memo Cost-effectiveness studies Draft ordinances for public review Draft Stakeholder Engagement Plan Month 2 Month 3 Month 4 Month 5 Month 5 Month 6 Month 1 Final Stakeholder Engagement Plan Month 2 Execute Stakeholder Engagement Draft summary memo Final summary memo Final Draft Ordinances CEC application(s) Invoices and progress reports Months 3-6 Month 7 Month 8 Month 10 Months 12 -14 Monthly CSE's proposed budget reflects the cost of all tasks related to preparing ordinances to support climate action plan implementation. All costs, including labor and non-labor expenses, are provided in Table 3. Assumptions Table 3 represents our best efforts to estimate project costs, based on our years of experience working with local jurisdictions to develop advanced energy ordinances and perform outreach to key stakeholders. Our assumptions are provided in detail below. • Our estimated budget total is $120,000. CSE anticipates entering into a Time & Materials contract in which only labor and expenses actually incurred would be billed to the City of Carlsbad. The $120,000 total is considered a "Not to Exceed" amount. CSE will not invoice for any labor or expenses that are not actually incurred during the contract term. • Task totals have been rounded for simplicity. We can provide more detailed budget numbers upon request. • Key project support staff will attend a kick off meeting. • Michael Arvizu, Ryan Carney and Kevin Wood will attend evening meetings. The evening meeting attendance rate included below is higher than the loaded hourly rate because it accounts for overtime incurred after normal business hours. • Expenses account for travel to up to 16 meetings in Carlsbad from CSE's office in Kearny Mesa, San Diego at the federal mileage rate of $0.535/mile (staff will attempt to carpool whenever possible), travel to San Diego for TRC staff located in Sacramento, and minimal costs for printing of outreach materials. City Attorney Approved Version 4/1 /15 14 Table 3. Estimated Project Costs Hours per Task -------1111111 Lindsey Hawes 5 5 5 5 5 5 12 42 $166 N/A Michael Arvizu 40 40 30 40 20 20 72 262 $102 $153 Ryan Carney 40 40 30 40 20 0 12 182 $84 $126 Kevin Wood 5 5 10 10 10 0 0 40 $124 $186 CSE Ben Airth 5 5 5 5 5 0 0 25 $151 N/A Jeanne Fricot 5 5 0 0 5 0 0 15 $137 N/A Andy Hoskinson 5 5 5 5 0 0 0 20 $166 N/A Chuck Colgan 8 8 0 10 10 0 0 36 $113 N/A Damian Ludwig 0 0 0 10 0 0 0 10 $92 N/A Cathy Chappell 1 16 0 0 0 3 0 20 $252 N/A Abhijeet Pande 1 16 0 0 0 3 0 20 $206 N/A Gwelen Paliaga 0 14 0 0 0 0 0 14 $201 N/A TRC Michael Mutmansky 0 6 0 0 0 0 0 6 $184 N/A Farhad Farahmand 12 88 0 0 0 8 0 108 $144 N/A Avani Goyal 4 82 0 0 0 5 0 91 $116 N/A Parul Gurati 4 82 0 0 0 5 0 91 $116 N/A Total Hours 135 417 85 125 75 49 96 982 N/A ,, Labor Costs $15,150 $55,100 $9,250 $13,450 $8,400 $6,500 $10,750 $118,600 N/A Expense Costs $100 $150 $0 $550 $100 $500 $0 $1,400 N/A TOTAL COSTS -------iif1¥i+i City Attorney Approved Version 4/1 /15 15 (b} ARTICLE 9. EXECUTION OF INSTRUMENTS, CHECKS, DEPOSITS AND GIFTS SECTION 1. EXECUTION OF INSTRUMENTS The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize the President to enter into any contract or execute and deliver any instruments and such authority may be general or confined to specific instances. Subject to the provisions of applicable laws, any note, mortgage, evidence of indebtedness, contract, conveyance or other instrument in writing, and any assignment or endorsement thereof, executed or entered into between the Corporation and any other person, when signed by any officer, shall be valid and binding on the Corporation in the absence of actual knowledge on the part of the other person that the signing officer(s) had no authority to execute the same. Any such instruments may be signed by any other person or persons and in such manner as from time to time shall be detennined by the Board or the Executive Committee, and, unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or amount. (08816-00001 7806265 4 23 March 2017 W AIYER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement( s). Requested by: Laureen Ryan, CED 9/05/2017 (Name and Department) (Date) Proposed modification(s) to the Commercial General Liability (Type of insurance) requirement( S) f Or Agreement for consulting services, Center for Sustainable Energy [j] Reduce coverage to the amount of: =$_1_,0_00_,o_o_o ___ _ D Waive coverage D Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) (Name of contract) OSignificance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] _______ _ [i]Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable J There was an RFP opened with only 3 respondents, none of which had the knowledge, experience and ability to perform the work needed. CSE was invited to submit a proposal and has been chosen as the most qualified agency to perform the consulting services needed. [i]Contract Amount/Term of Contract: $_1_20_,o_o_o _____ • Work will be completed over a period of 18 months OProfessional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. _____________________________ _ Oother (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): A roved b Risk Mana er for this contract onl 7-~---r-r (Signature) (Date) l l:IWORD\Insurancc\Admin Order #68.doc 06/15/2006 27 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 09/12/17 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on thla certificate does not confer rights to the certificate holder In lleu of such endorsement(a). PRODUCER CONTACT NAME: Alliant Insurance Services, Inc. PHONE: PHONE: 1301 Dove St., Suite 200 A/C.NO: Newport Beach, CA 92660 E"""'IL ADDRESS: 949-756-0271• Fax 949-756-2713• License No. OC36861 .PRODUCER: CUSTOMER ID t ··--...... TNSURED:SPEC'i°PiL-LIABILITY INSURANCEP.ROGRAM (SLIP) MEMBER_,,. INSURER(S) AFFORDING COVERAGE NAIC# CENTER FOR SUSTAINABLE ENERGY 123~0--·-9325 SKY PARK COURT, SUITE 100 INSURER A ASSOCIATED INDUSTRIES INSURANCE CO. SAN DIEGO, CA 92123-1502 INSURER B INSURER C INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR A , GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GL OED S1 ,000 ..... GEN'L AGGREGATE LIMIT APPLIES PER A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X NON-OWNED AUTOS AUTO OED $1,000 LOC UMBRELLA LIAS OCCUR EXCESS UAB ....r:.:.:_ --~~s- DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORY/PARTNER / EXECUTIVE OFFICER/ MEMBER EXCLUDED? (MANDATORY IN NHJ IF YES, DESCRIBE UNDER DESCRIPTION OF OPERATIONS BELOW YIN I L ADDL SUBR INSR WvD X NIA i ! . POLICY NUMBER PAC 1000082 05 PAC 1000082 05 09/29/16 POUCYEXP (MM/DD/YY) 09/29/17 09/29/17 LIMITS EACH OCCURRENCE $7,000,000 .. DAMAGE TO RENTED ............ ,-.. PREMISES Ea Occurrenc&._f _$1,000,000_ ~~ EXP (Any one person) ....... i_N~/A-'---- PERSONAL & ADV INJURY ... J. $7,000,000 GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. COMBINED SINGLE LIMIT (Ea Acci~ntL ... BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE .. $7,000,000 , $7,000,000 .. iP.JlL8.c.caue.rJ1L _____ 4 _____ _ EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS E.L EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE EL DISEASE -POLICY LIMIT __ $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (A-Acord 101,AdcH~w Remarb Schedules, I more • .,_ la raqulllld) ·POLICY FORM DOES NOT CONTAIN A GENERAL LIABILITY AGGREGATE AS RESPECTS CONSULTING SERVICES AGREEMENT FOR CAP CITY OF CARLSBAD SHALL BE NAMED AS ADDITIONAL INSURED. THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE OR SELF-INSURANCE MAINTAINED BY SUCH ADDITIONAL INSUREDS IS EXCESS AND NONCONTRIBUTING WITH THIS POLICY ADDITIONAL INSURED ENDORSEMENT ATTACHED SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 FARADAY AVENUE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORrZED/4~2? ~ /1/' A --"" _,___,-· ACORD 25 .\~0009'.,0~) , , The AC?~D name and logo are registered marks of ACORD ©2008 ACORD CORPORATION. All rights reserved AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 AGENCY NAMED INSURED: SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) MEMBER ALLIANT INSURANCE SERVICES, INC. POLICY NUMBER PAC 1000082 05 CENTER FOR SUSTAINABLE ENERGY 9325 SKY PARK COURT, SUITE 100 SAN DIEGO, CA 92123-1502 CARRIER ASSOCIATED INDUSTRIES INSURANCE CO. NAICCODE 23140 EFFECTIVE DATE: 09/29/16 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 (2009/09) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Notice of cancellation will be delivered only to the participating named insured as stated in Item 1 of the Participation Endorsement The Company may cancel the coverage by mailing to the first Participating Named Insured at the address shown in the participation endorsement written notice stating when, not less than sixty (60) days thereafter, such cancellation shall be effective. Provided that the Participating Named Insured fails to discharge, when due, any of its obligations in connection with the payment of premium for the policy or any installment thereof, the coverage may be canceled by the Company by mailing to the Participating Named Insured at the address shown in the participation endorsement, written notice stating when, not less than ten (10) days thereafter, such cancellation shall be effective. of 3 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured -Designated Person or Organization This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORA TIO NS Name of Person or Organization: Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any person(s) or organization(s) listed in the Schedule above is an Additional Insured, but only as respects '·Personal Injury" (including "·Bodily Injury") and '·Property Damage" arising, in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the participation endorsement of this Policy: However, additional insured coverage provided by this msurance will not be broader than coverage required in the written agreement. GL330138 0916 Includes copyrighted material of ISO Properties, Inc., 2004 with Page 1 of 1 its permission