HomeMy WebLinkAbout2017-09-26; City Council; Resolution 2017-191RESOLUTION NO. 2017-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
CENTER FOR SUSTAINABLE ENERGY FOR AN AMOUNT NOT TO EXCEED
$120,000 TO PREPARE ENERGY CONSERVATION ORDINANCES IN
COMPLIANCE WITH THE CARLSBAD CLIMATE ACTION PLAN.
CASE NAME:
CASE NUMBER:
ENERGY CONSERVATION ORDINANCE
MCA 17-0002 {PUB17Y-0013)
WHEREAS, the City Council approved the Carlsbad Climate Action Plan in September 2015; and
WHEREAS, the Carlsbad Climate Action Plan is the city's long range strategy to help meet state
greenhouse gas (GHG) reduction goals while supporting a community goal of promoting a sustainable
environment; and
WHEREAS, the Carlsbad Climate Action Plan identifies a number of actions the city will need to
take in order to achieve GHG reduction goals, including implementing ordinances related to residential
and non-residential photovoltaic systems, solar thermal water heating, high-efficiency lighting, natural
lighting and ventilation, and zero-emission vehicle parking and charging; and
WHEREAS, the city requires the specialized knowledge and expertise of a qualified consulting
firm to assist in preparing such ordinances; and
WHEREAS, to assist in this effort, staff released a request for proposals (RFP) in March 2017;
and
WHEREAS, the city received proposals from two firms, which were evaluated by a staff selection
committee; and
WHEREAS, after careful consideration, the selection committee determined that the proposals
did not adequately meet the city's needs, and that staff should continue to seek proposals from
qualified firms; and
WHEREAS, staff solicited a proposal from Center for Sustainable Energy (CSE), to which the firm
responded in May 2017; and
WHEREAS, the selection committee reviewed the proposal and determined that, based on the
quality of the proposal, project approach, experience and qualifications, schedule and cost, CSE is well
qualified to perform the needed services; and
September 26, 2017 Item #4 Page 4 of 20
WHEREAS, staff recommends approving the proposed professional services agreement with
Center for Sustainable Energy, including the scope of work, fee, and schedule, as provided in
Attachment A; and
WHEREAS, the Community and Economic Development Department's current operating budget
contains sufficient funds to carry out this agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the professional services agreement with Center for Sustainable Energy is hereby
approved.
3. That the Mayor is hereby authorized and directed to execute the professional services
agreement with Center for Sustainable Energy, which is attached hereto as Attachment
A.
4. That the City Manager is authorized to extend the agreement for a period of up to one
year beyond its initial term.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
{SEAL)
September 26, 2017 Item #4 Page 5 of 20
AGREEMENT FOR CONSUL TING SERVICES
CENTER FOR SUSTAINABLE ENERGY
PROJECT NO. PUB17Y-0013
THIS AGREEMENT is made and entered into as of the 2]-tVl day of
S~BeV::: , 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
September 26, 2017 Item #4 Page 6 of 20
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 September 26, 2017 Item #4 Page 7 of 20
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. $2,000,000 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 September 26, 2017 Item #4 Page 8 of 20
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 Lindsey Hawes
Title Assistant Director, Advisory Services
Address 9325 Sky Park Ct. Suite 100
San Diego, CA 92123
Phone No. (858) 633-1390
Email lindsey.hawes@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 September 26, 2017 Item #4 Page 9 of 20
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 September 26, 2017 Item #4 Page 10 of 20
employee, any fee, comm1ss1on, 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
6
City Attorney Approved Version 4/1/15
September 26, 2017 Item #4 Page 11 of 20
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
President
(print name/title)
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: _///{#
MAT~
Mayor
ATTEST:
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 September 26, 2017 Item #4 Page 12 of 20
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 September 26, 2017 Item #4 Page 13 of 20
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 September 26, 2017 Item #4 Page 14 of 20
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 September 26, 2017 Item #4 Page 15 of 20
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.
• Direct/email 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 September 26, 2017 Item #4 Page 16 of 20
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 September 26, 2017 Item #4 Page 17 of 20
Table 2. Project Deliverables
--
. Anticipated Tasks Deliverables D 1•
Research Other Ordinances Draft summary memo
Final summary memo
Draft summary memo
2 Develop Parameters for Draft Ordinances Final summary memo
Cost-effectiveness studies
3 Prepare Public Review Draft Ordinances Draft ordinances for public review
Draft Stakeholder Engagement Plan
e 1very
Month 2
Month 3
Month 4
Month 5
Month 5
Month 6
Month 1
Final Stakeholder Engagement Plan Month 2
4 Conduct Stakeholder Engagement
5 Prepare Final Draft Ordinances
6 Prepare Application for CEC Approval
7 Project Coordination & Admin istration
Project Costs
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 CS E'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 September 26, 2017 Item #4 Page 19 of 20