HomeMy WebLinkAbout477870 SYMBIOTIC ENGINEERING - CONTRACT - AGREEMENT MISC - SYMBIOTIC ENGINEERINGPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred
to as the "City" and Symbiotic Engineering, hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of six (6) pages, and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence September 1, 2010, and shall
continue in full force and effect until August 31, 2011, unless sooner terminated as herein provided.
In addition, at the option of the City, the Agreement may be extended for additional one year periods
not to exceed four (4) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the
Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall
be provided to the Professional and mailed no later than ninety (90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Standard Professional Services Agreement- rev03/10
3. TASKS AND PROJECT MANAGEMENT
Staff Roles
Initial setup and testing will be coordinated by Utilities with management lead taken by Norm
Weaver, Energy Services. The key individual to coordinate data exchange will be Matt Scheetz with
the City IT department. The substantive work to set up the system will be performed by staff with
Symbiotic (principally Tim Hillman, Mark Reiner, and Nick Nimmer). The project leads for the target
City programs (Climate Wise — Kathy Collier, Business Efficiency and Building Tune-up — Kelley
Gonzales, and Home Efficiency — Amber Riley) will develop implementation plans to establish
targets and metrics in each program area. Janet McTague will act as grant coordinator.
Table 2 and Figure 1 below summarize the outline of tasks and project time -table
Task 1 and 2: Project Preliminaries (May to Sept, 2010)
Utilities staff will take the lead to obtain review and appropriation of grant funds supporting the
project. Second reading approval is anticipated on Auguest 17th. Contractual arrangements and
finalization of this SOW will occur in parallel. Project metrics will be defined at this time to be
revisited during the evaluation task at the conclusion of the pilot period (Task 7).
Task 3: Initial Setup (Sept to Dec, 2010)
Symbiotic will work with City staff to identify necessary data fields (consumption data, rate code
information, etc.) in the Utilities billing system and have this data transferred to Symbiotic.
Concurrently, Symbiotic would work with the Larimer County Assessor's office to acquire necessary
data fields from the Assessor's database (parcel shapefiles, building type, size, location, age and
cost). In addition, Symbiotic will work with the City's GIS department to acquire any additional GIS
layers that may be useful to better characterize building use types throughout the City.
Following transfer of utility usage and property data, Symbiotic will perform all data processing
necessary to load the data into the SIMS. Utility usage data will be processed and aggregated for
reporting purposes based on the utility rate code designations provided by Utilities for residential,
commercial, industrial and municipal customers. The usage data will then be linked geospatially
with the individual parcel information for usage characterization at the more detailed building sub -
sector level (within each of the building sectors). Data gaps and/or discrepancies identified during
this initial processing will be outlined and addressed by Symbiotic.
The SIMS will be setup/customized to provide a user interface for Climate Wise partners to present
their data and allow them to create their own user groups to share data and information. For an
additional fee, Symbiotic will import the Utilities' water usage data along with electrical usage data.
Task 4& 5: Benchmarking and Test ( Nov through Dec, 2010)
After the SIMS is set-up, Symbiotic and City staff would complete the next phase of this project, the
enhanced targeting, web interface deployment and tracking of four of the above noted programs.
This would begin with a community energy use characterization and benchmarking exercise by
sector and sub -sector for targeted marketing. Training and operation testing of the SIMS is
expected to occur in mid December, 2010.
Standard Professional Services Agreement- rev03/10
10
Task 6: Program Tracking ( Jan to May, 2011)
Next, staff will manage the targeted marketing and outreach for the four programs utilizing existing
marketing channels. Web interfaces will be deployed for the Climate Wise program partners.
Finally, the four programs would be analyzed for an impact assessment using the program tracking
module of the SIMS to be completed by April 2011. This phase would include the monthly updating
of utility data through August 2011 to keep the SIMS current (the annual license is anticipated to
cover September 2010 to September 2011, however the evaluation of this phase of the pilot project
will be completed in May 2011 as outlined in Task 7 below).
Task 7: Evaluation (Apr/May, 2011)
Symbiotic will provide summary data, as needed, to evaluate project metrics defined in Task 2. Staff
will prepare, with Symbiotic's assistance, a report summarizing this pilot program.
Table 2: Task outline
Task
Task Name
Start Date
End Date
Days of Progress
Days of
Project
Percent
Completed
1
N®Grant Award and Appropriation
05/12/10
08/24/10
104
104
100%
2
Stni of Work and Contract Negotiations
06/15/10
09/16/10
92
93
99%
3
Startup and Initial Setup
09/20/10
11 /20/10
0
61
0%
4
Utility Characterization and Benchmarking
11/01/10
12/15/10
0
44
0%
6
SIMS Operational Testing
12/15/10
01 /01 /11
0
17
0%
6
Program Tracking and Targeting Test
01/01/11
05/01/11
0
120
0%
7
Evaluation and W iteup
04/01/11
05/20/11
0
49
0%
8
9
10
Figure 1: Proposed timeline
NEED Grant Award and .
Appropriation
Stmt of Work and Contract
Negotiations
Startup and Initial Setup
Utility Characterization and
Benchmarking
SIMS Operational Testing
Program Tracking and Targeting
Test
Evaluation and Writeup
Carbon City SIMS Pilot Program Timeline
May Jun
Standard Professional Services Agreement- rev03/10
11
3. PROJECT BUDGET
The proposed budget for the project including the GEO funding request is shown in the Table 3.
Funds to Symbiotic Engineering total $90,000 including the optional import of water usage data back
to 2005. (Fees to Symbiotic are highlighted by italics in the budget table below.) The annual fee
includes quarterly data update and summary report and 80 hours staff support time.
Table 3: Budget Breakdown
Project Cost
Funding Source
SIMS setup and data integration
$36,000
GEO NEED grant
$36,000
SIMS annual license (incl. water
data)
$36,000
GEO NEED grant
$36,000
SIMS customer user interface and
data integration
$12,000
Utilities funding
$12,000
MIS staff for setup data integration
40 hrs @ $50
$2,000
Climate Wise funding
$2,000
Project Management 60 hrs @ $50
$3,000
Utilities funding
$3,000
Grant Coordination 60 hrs @ $50
$3,000
Utilities funding
$3,000
Program Manager (3 @ 60 hrs @
$50)
$9,000
Utilities funding
$9,000
Option — Water Data Import
$6,000
Utilities funding
$6,000
New Rebate Funds *
$378,646
Utilities and Platte River Power
Authority
$378,646
Total Project Cost
1 $485,646
Total Project Funding
$485,646
* new rebates which support efficiency measures for projects identified through use of the SIMS
Budget Narrative
This project has been budgeted in two phases: 1) SIMS set-up; and 2) program targeting and
tracking.
1. The SIMS set-up includes: importing GIS data, a high resolution satellite image, tax
assessor data, weather data, utility electricity data back to 2005, and program data for
the four programs outlined above; linking utility data to the parcel level GIS and tax
assessor data; a half day training for staff in the platform operation; anomaly reports
describing data quality, the degree to which utility has been successfully matched with
GIS and tax assessor data and initial observations; and unlimited log -ins for staff to use
the platform.
2. The program targeting and tracking phase includes: detailed energy use characterization
and benchmarking by sector and sub -sector throughout the Utilities' service territory;
generating lists of customers to be targeted for program intervention by sub -sector based
on energy use characterization and benchmarking as well as current program data;
targeted outreach and marketing to customers to participate in these four programs;
monthly updating and evaluation of energy use trends and program impacts (for the four
programs) for the remainder of the project through August 2011; web interfaces for
Climate Wise partners; and 80 hours of Symbiotic Engineering (Symbiotic) staff time to
serve as an extension of staff for analyses or to customize the platform.
Standard Professional Services Agreement- rev03/10
12
The project also leverages funds from increased rebate amounts from Utilities and Platte River
Power Authority, marketing and outreach related to the four programs targeted for increased
participation and internal staff resources for data integration, project management and program
management.
At Utilities' option, Symbiotic will import water usage data back to 2005 during the initial system
setup.
4. PROJECT RENEWAL AND EXTENSION
The initial tasks outline above cover the implementation and trial use period for the SIMS. The
initial license to utilize the SIMS is anticipated to run from September 2010 to September 2011.
Approaching the license expiration date, Utilities will review the decision to extend licensing for a
subsequent annual period. Performance of the SIMS will be assessed based on metrics
established in Task 1.
Utilities' baseline expectation is for expanded and ongoing use of the SIMS. To this point, we
will ask Symbiotic Engineering to provide placeholder fields for future programs such as
participation tracking for the Green Energy and Community Solar Garden programs. Utilities
expects to expand use of the system for benchmarking and tracking of additional DSM programs
beyond the four pilot period programs. Fees for license extension and setup for additional
program tracking will be part of contract extension discussions.
Standard Professional Services Agreement- rev03/10
13
EXHIBIT B
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this
Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that
the City has established policies and procedures with regard to the handling of confidential
information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or relate to
the City or its employees, customers or suppliers, which access is related to the performance of
services that the Contractor has agreed to perform, the Contractor hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor agrees
to treat as confidential (a) all information that is owned by the City, or that relates to the business of
the City, or that is used by the City in carrying on business, and (b) all information that is proprietary
to a third party (including but not limited to customers and suppliers of the City) . The Contractor
shall not disclose any such information to any person not having a legitimate need -to -know for
purposes authorized by the City. Further, the Contractor shall not use such information to obtain
any economic or other benefit for itself, or any third party, except as specifically authorized by the
City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or
(b) is required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom
it is required to make such disclosure and shall promptly advise the City in writing of each such
disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so requests for
any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced)
thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a breach of the
Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation
preliminary and permanent injunctive relief and specific performance) in addition to all other
remedies provided hereunder or available at law.
Standard Professional Services Agreement- rev03/10
14
EXHIBIT C
"American Recovery and Reinvestment Act of 2009" Requirements
Procurement Provisions:
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUYAMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS. (a) None of the funds appropriated or otherwise made
available by this Act may be used for a project for the construction,
alteration, maintenance, or repair of a public building or public
work unless all of the iron, steel, and manufactured goods used
in the project are produced in the United States.
(b) Subsection (a) shall not apply in any case or category
of cases in which the head of the Federal department or agency
involved finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines
that it is necessary to waive the application of subsection (a) based
on a finding under subsection (b), the head of the department
or agency shall publish in the Federal Register a detailed written
justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
WAGE RATE REQUIREMENTS
SEC. 1606. Notwithstanding any other provision of law and
in a manner consistent with other provisions in this Act, all laborers
and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by
and through the Federal Government pursuant to this Act shall
be paid wages at rates not less than those prevailing on projects
of a character similar in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code. With respect to the labor standards specified
in this section, the Secretary of Labor shall have the authority
Standard Professional Services Agreement- rev03/10
15
and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES
RECEIVING TARP FUNDING. (a) SHORT TITLE. —This section may
be cited as the "Employ American Workers Act".
(b) PROHIBITION.—
(1) IN GENERAL. —Notwithstanding any other provision of
law, it shall be unlawful for any recipient of funding under
title I of the Emergency Economic Stabilization Act of 2008
(Public Law 110-343) or section 13 of the Federal Reserve
Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described
in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in
compliance with the requirements for an H-1 B dependent
employer (as defined in section 212(n)(3) of such Act (8 U.S.C.
1182(n)(3))), except that the second sentence of section
212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM. —In this subsection, the term "hire"
means to permit a new employee to commence a period of
employment.
Standard Professional Services Agreement- rev03/10
16
State of Colorado
Supplemental Provisions for
Contracts, Grants, and Purchase Orders Using Funds
Provided under the
American Recovery and Reinvestment Act of 2009
As of 8-21-09
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been
funded, in whole or in part, with ARRA Funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated
into and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "ARRA" means the American Recovery and Reinvestment Act of 2009, (Public Law 111-5).
1.2. "ARRA Funds" means any funds that are expended or obligated from appropriations made
under ARRA.
1.3. "ARRA Project' means a project or program funded directly by or assisted, in whole or in part,
by ARRA Funds.
1.4. "Contract' means the contract to which these Supplemental Provisions are attached and
includes a grant contract or a loan contract.
1.5. "Contracting Entity" means a Prime Recipient, a Subrecipient, or a Recipient Vendor.
1.6. "Contractor" means the party or parties to the Contract other than the Prime Recipient and
includes a grantee, subgrantee, or a borrower. For purposes of ARRA reporting, Contractor is
either a Subrecipient or a Recipient Vendor under this Contract.
1.7. "Entity" means a governmental body; legally recognized for profit or nonprofit business
organization, such as a corporation, limited liability company, or partnership; or sole proprietor
and excludes individual recipients of Federal assistance.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282).
1.9. "Prime Recipient" means a Colorado State Agency or Institution of Higher Education that
receives ARRA Funds directly from a Federal Agency in the form of a grant, loan, or
cooperative agreement.
1.10. "Subcontractor" means an Entity engaged by Contractor to provide goods or perform services
in connection with this contract.
1.11. "Subrecipient' means a non -Federal Entity receiving ARRA Funds through a Prime Recipient
to support the performance of the ARRA Project for which the ARRA Funds were awarded. A
Subrecipient is subject to the terms and conditions of the Federal award to the Prime Recipient,
including program compliance requirements. The term "Subrecipient' includes and may be
referred to as Subgrantee.
Standard Professional Services Agreement- rev03/10
17
1.12. "Supplemental Provisions" means these Supplemental Provisions for Contracts and Grants
Using Funds Provided under the American Recovery and Reinvestment Act of 2009, as may be
revised pursuant to ongoing guidance from the relevant Federal or State of Colorado Agency or
Institution of Higher Education.
1.13. "Vendor" means a dealer, distributor, merchant or other seller providing goods or services
required for a project or program funded by ARRA. A Vendor is not subject to all the terms and
conditions of the Federal award, and all program compliance requirements do not pass through
to a Vendor. However, a Vendor may be subject to selected program compliance requirements.
See §22 of these Supplemental Provisions.
1.13.1 "Recipient Vendor" means a Vendor that receives ARRA Funds from a Prime
Recipient.
1.13.2 "Subrecipient Vendor" means a Vendor that receives ARRA Funds from a
Subrecipient.
2. Compliance. Contractor shall comply with all applicable provisions of ARRA and the regulations
issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to
such provisions or regulations shall automatically become a part of these Supplemental Provisions,
without the necessity of either party executing any further instrument. The State of Colorado may
provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. ARRA Contracts and Subcontracts. Contractor shall include these Supplemental Provisions in all of
its contracts and subcontracts using ARRA Funds, in whole or in part, and shall provide written
notification of revisions hereto to all parties to such contracts or subcontracts in accordance with §2
above. Contractor shall ensure that all subcontractors comply with applicable provisions of ARRA.
4. Debarred or Suspended Entities. Contractor shall not enter into any contract or subcontract in
connection with this Contract with a party that has been debarred or suspended from contracting with
the Federal Government or the State of Colorado. See Excluded Parties List System at
https://www.epls.gov/.
5. Conflict of Laws. In the event of a conflict between the laws of the State of Colorado or these
Supplemental Provisions and ARRA, ARRA shall control.
6. Whistle Blower Protection. ARRA §1553. Contractor shall not discharge, demote or otherwise
discriminate against an employee as a reprisal for disclosures by the employee of information that the
employee reasonably believes is evidence of: (a) gross mismanagement of a contract or grant relating
to ARRA Funds; (b) a gross waste of ARRA Funds; (c) a substantial and specific danger to public
health or safety related to the implementation or use of ARRA Funds; (d) an abuse of authority related
to implementation or use of ARRA Funds; or (e) a violation of law, rule, or regulation related to a
contract, including the competition for or negotiation of a contract or grant, awarded or issued relating
to ARRA Funds. Contractor shall post a notice of the rights and remedies available to employees
under ARRA §1553 in all workplaces where employees perform work that is funded in whole or in part
by money authorized under the ARRA. A sample notice can be found at
www.recoverV.gov/?q=content/whistleblower-information. Contractor specifically acknowledges that
Contractor and its employees are aware of and shall abide by the provisions of ARRA §1553.
Contractor shall include the language and requirements of this subsection ("Whistleblower Protection
under §1553 of the ARRA") in all of its contracts and agreements with employees, subcontractors and
anyone else who performs work on behalf of Contractor.
Standard Professional Services Agreement- rev03/10
18
7. False Claims Act. 31 U.S.C. §§3729-3733. Contractor shall refer promptly to an appropriate Federal
Inspector General any credible evidence that a principal, employee, agent, contractor, subgrantee,
subcontractor or other person has committed a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving ARRA funds.
8. Reporting of Fraud, Waste, and Abuse. Contractor shall also refer promptly to the Colorado Office
of the State Controller (OSC) any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has committed a criminal or civil violation of laws
pertaining to fraud, waste, and abuse involving ARRA Funds. The OSC shall report such incidents of
misconduct to the appropriate State Agency and appropriate Federal authority. Contact information for
reporting fraud, waste, and abuse to the OSC is located at
http://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA Main Page.htm
9. Inspection of Records. ARRA §§902, 1515. Contractor shall permit the United States Comptroller
General and his or her representatives or any representative of an appropriate Inspector General
appointed under §3 or §8G of the Inspector General Act of 1978, as amended (5 U.S.C. App.) to: (a)
examine any records of the Contractor or any of its Subcontractors that directly pertain to, and involve
transactions relating to this Contract or any contract or subcontract using ARRA Funds; and (b)
interview any officer or employee of Contractor or any of its Subcontractors regarding such
transactions. Contractor shall permit the State of Colorado, the Federal Government or any other duly
authorized agent of a governmental agency with jurisdiction to audit, inspect, examine, excerpt, copy
and/or transcribe Contractor's or such Subcontractor's records during the term of this Contract and for
a period of three years following termination of this Contract or final payment hereunder, whichever is
later, to assure compliance with these terms or to evaluate Contractor's performance hereunder.
10. Wage Rate Requirements — Davis -Bacon Wage Determinations. ARRA §1606. Contractor and its
Subcontractors shall pay all laborers and mechanics employed on ARRA Projects by Contractor or
any of its Subcontractors at wage rates not less than those prevailing on projects of a character
similar in the locality, as determined by the United States Secretary of Labor in accordance with
Subchapter IV of Chapter 31 of Title 40 of the United States Code. The Secretary of Labor's
determination regarding the prevailing wages applicable in Colorado is available at
http://www.qpo.gov/davisbacon/co.html.
11. Job Opportunity Posting Requirements. Governor's Executive Order D 01409. Contractor shall
post notice of job openings created by ARRA funded projects on the Colorado Department of Labor
and Employment job website, http://www.connectinqcolorado.com. In the performance of this duty,
Contractor and any of its Subcontractors shall post jobs on Connecting Colorado Job Site that clearly
designates the job opening as an ARRA job in a form and manner prescribed by the Colorado
Department and Labor and Employment.
12. Buy American Requirement - Construction. ARRA §1605. All iron, steel and manufactured goods
used in any ARRA Project for the construction, alteration, maintenance, or repair of a public building
or public work shall be produced in the United States in a manner consistent with United States
obligations under international agreements. This requirement can be waived only by the awarding
Federal Agency in limited situations.
13. Environmental and Preservation Requirements. ARRA §1609. Contractor shall comply with all
applicable Federal, State, and Local environmental and historic preservation requirements and shall
provide any information requested by the awarding Federal Agency to ensure compliance with
applicable laws, including National Environmental Policy Act, as amended (42 U.S.C. 4321-4347) and
National Historic Preservation Act (16 U.S.C. 470 et seq.).
Standard Professional Services Agreement- rev03/10
19
Professional:
City:
With Copy to:
Symbiotic Engineering
City of Fort Collins
City of Fort Collins, Purchasing
Attn: Norm Weaver
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000 combined single.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Ninety Thousand
Dollars ($90,000.00). Monthly partial payments based upon the Professional's billings and itemized
statements are permissible. The amounts of all such partial payments shall be based upon the
Professional's City -verified progress in completing the services to be performed pursuant hereto and
upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be
made following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
Standard Professional Services Agreement- rev03110
2
14. Non-discrimination. Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964
(42 U.S.C. §2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Title
IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688), the Age Discrimination Act of 1975
(42 U.S.C.6101-6107), and other civil rights laws applicable to recipients of Federal financial
assistance.
15. Identification and Registration Information. If Contractor is a Subrecipient, Contractor shall obtain
a Dun & Bradstreet DUNS number (or update the existing DUNS record), and register with the Central
Contractor Registration (CCR), the primary registrant database for the Federal government.
16. Fixed Price — Competitively Bid. ARRA §1554. Contractor, to the maximum extent possible, shall
award subcontracts as fixed -price subcontracts under this Contract using competitive bid procedures.
Contractor shall provide to its Contracting Entity a summary of any contract or subcontract awarded
using ARRA Funds that is not fixed -price or not awarded using competitive procedures.
17. Publication. Contractor shall include the Colorado Recovery logo on all project signage, and is
encouraged, to the maximum extent possible, to use the logo on all other publications in connection
with the activities funded by the Prime. Recipient that use ARRA funds.
18. Prohibition on Use of Funds. ARRA §1604. ARRA funds shall not be used for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
19. Enforceability. If Contractor fails to comply with all applicable Federal and State requirements
governing the use of ARRA funds, the State of Colorado may withhold or suspend, in whole or in part,
funds awarded under the ARRA project, or recover misspent funds following an audit pursuant to §9,
above. The remedy under this provision shall be in addition to all other remedies provided to the State
of Colorado for recovery of misspent funds available under all applicable State and Federal laws.
20. One Time Funding. Contractor acknowledges and understands that ARRA Projects will not be
continued with funds appropriated by the State of Colorado after ARRA Funds are expended or are no
longer available.
21. Segregation of Costs. Contractor shall segregate obligations with respect to and expenditures of
ARRA Funds from other sources of funding. ARRA Funds shall not be comingled with any other funds
or used for a purpose other than the payment of costs allowable under ARRA.
22. Reporting. §1512, FFATA §2. Contractor shall report to its Contracting Entity the data elements
required in §23 if Contractor is a Subrecipient or in §24 if Contractor is a Recipient Vendor. No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions, as the cost of producing such reports shall be deemed included in the Contract price. The
reporting requirements in §§23 and 24 are based on guidance from the US Office of Management and
Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract. The State may provide written notice to Contractor of any such change in accordance
with §2 above, but such notice shall not be a condition precedent to Contractor's duty to comply with
revised OMB reporting requirements. The Colorado Office of the State Controller shall provide
summaries of revised OMB reporting requirements as well as reporting templates for Subrecipients
and Recipient Vendors at:
http://Www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA Main Page.htm
Standard Professional Services Agreement- rev03/10
20
23. Subrecipient Reporting. If Contractor is a Subrecipient, Contractor shall report to its Contracting
Entity as set forth below.
23.1 Initial Reporting. A Subrecipient shall report the following data elements to its
Contracting Entity upon the effective date of the contract:
23.1.1 Subrecipient DUNS Number
23.1.2 Congressional District of Subrecipient
23.1.3 Primary Place of Performance Information, including: Street Address, State,
Country, City, Zip code + 4
23.1.4 Subrecipient Officers' Names (Top 5) if all three criteria are met:1) 80% or more of
Subrecipient's annual gross revenue is from Federal contracts, 2) Subrecipient's annual
gross revenue from Federal contracts is $25 million or more, and 3) Subrecipient's
officer names are not publicly available. See page 19 of Recipient Reporting Data
Model V3.0 for Quarter Ending September 30, 2009 at
hftp://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA — Main_Page.htm.
23.1.5 Subrecipient Officers' Total Compensation (Top 5) if criteria in §23.1.4 met
23.2 Monthly Reporting. A Subrecipient shall report to its Contracting Entity no later
than the 25th day of each month the following inception -to -date data elements as of the end of
the prior month:
23.2.1 Job Creation Narrative for both the Subrecipient and the Subrecipient's Vendors
23.2.2 Number of Jobs Created or Retained for both the Subrecipient and the
Subrecipient's Vendors
23.2.3 SubAward number or other identifying number assigned by the Subrecipient to
each Subrecipient Vendor (this number cannot be a personal identifying number such
as a social security number or federal employer identification number)
23.2.4 Vendor name and Zip code + 4 of Vendor's Headquarters for each Subrecipient
Vendor; the Subrecipient Vendor's DUNS number may also be provided if available
23.2.5 Subrecipient shall establish reporting deadlines for its Subrecipient Vendors.
24. Recipient Vendor Reporting. A Recipient Vendor shall report to its Contracting Entity no later than
the 25th day of each month the following inception -to -date data elements as of the end of the prior
month:
24.1.1 Job Creation Narrative
24.1.2 Number of Jobs Created or Retained
25. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior
written notice if the default remains uncured five calendar days following the notice period. This
remedy will be in addition to any other remedy available to the State of Colorado under the Contract,
at law or in equity.
26. Reporting Framework — see chart below.
Federal IAgency
Prime Recipient
Subrecipient Recipient Vendor
Subrecipielnt Vendor
Standard Professional Services Agreement- rev03/10
21
EXHIBIT D
Department of Energy (DOE) Award Terms and Conditions
The Vendor shall be responsible for adhering to the following Department of Energy
(DOE) award terms and conditions:
1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this award must be referred to the GEO for guidance.
2. STATEMENT OF FEDERAL STEWARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities performed
under this award. Stewardship activities include, but are not limited to, conducting site visits;
reviewing performance and financial reports; providing technical assistance and/or temporary
intervention in unusual circumstances to correct deficiencies which develop during the project;
assuring compliance with terms and conditions; and reviewing technical performance after
project completion to ensure that the award objectives have been accomplished.
3. SITE VISITS
DOE authorized representatives have the right to make site visits at reasonable times to review
project accomplishments and management control systems and to provide technical assistance, if
required. Vendor must provide, and must require your subcontractors to provide, reasonable
access to facilities, office space, resources, and assistance for the safety and convenience of the
government representatives in the performance of their duties. All site visits and evaluations
must be performed in a manner that does not unduly interfere with or delay the work.
4. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2. These requirements will be provided to the
Vendor by the GEO. Failure to comply with these reporting requirements is considered a material
noncompliance with the terms of the P.O. Noncompliance may result in withholding of future
payments, suspension, or termination of the current P.O., and withholding of future P.O.s. A
willful failure to perform, a history of failure to perform, or unsatisfactory performance of this
and/or other financial assistance awards, may also result in a debarment action to preclude future
awards by Federal agencies.
b. Dissemination of scientific/technical reports. Scientific/technical reports submitted under this
award will be disseminated on the Internet via the DOE Information Bridge
(www.osti. og v/bridge), unless the report contains patentable material, protected data, or
SBIR/STTR data. Citations for journal articles produced under the award will appear on the
DOE Energy Citations Database (www.osti. ovg /energycitations).
c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal Identifiable Information (PII), limited rights data (proprietary data), classified
Standard Professional Services Agreement- rev03/10
22
information, information subject to export control classification, or other information not subject
to release.
5. PUBLICATIONS
a. Vendor is encouraged to publish or otherwise make publicly available the results of the work
conducted under this P.O..
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy
under Award Number DE-EE0000082.
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the
United States Government. Neither the United States Government nor any agency thereof, nor
any of their employees, makes any warranty, express or implied, or assumes any legal liability or
responsibility for the accuracy, completeness, or usefulness of any information, apparatus,
product, or process disclosed, or represents that its use would not infringe privately owned rights.
Reference herein to any specific commercial product, process, or service by trade name,
trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof. The views
and opinions of authors expressed herein do not necessarily state or reflect those of the United
States Government or any agency thereof."
6. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
Vendor must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this P.O.
7. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION (NRD-
1003) Nonresearch and Development
a. Nonprofit organizations are subject to the intellectual property requirements at 10
CFR 600.136(a), (c), and (d). All other organizations are subject to the intellectual
property requirements at 10CFR 600.136(a) and (c).
600.136 Intangible Property
(i) Vendors may copyright any work that is subject to copyright and was
developed, or for which ownership was purchased, under an award. DOE reserves a
royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use
the work for Federal purposes, and to authorize others to do so.
(ii) Authorize others to receive, reproduce, publish or otherwise use such data for
Federal purposes.
b. In addition, in response to a Freedom of Information act (FOIA) request for research
Standard Professional Services Agreement- rev03/10
23
data relating to published research findings produced under an award that were used
by the Federal Government in developing an agency action that has the force and
effect of law, the DOE shall request, and the recipient shall provide, within a reasonable
time, the research data so that they can be made available to the public through the
procedures established under the, FOIA. If the DOE obtains the research data solely in
response to a FOIA request, the agency may charge the requester a reasonable fee
equaling the full incremental cost of obtaining the research data. This fee should reflect
the costs incurred by the agency, the Vendor, and applicable subgrantees. This fee is in
addition the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)).
b. Questions regarding intellectual property matters should be referred to the DOE Award
Administrator and the Patent Counsel designated as the service provider for the DOE office that
issued the award. The IP Service Providers List is found at
http://www.gc.doe.gov/documents/Intellectual Property (IP) Service Providers for Acquisitio
"df
8. LOBBYING RESTRICTIONS
By accepting funds under this P.O., Vendor agrees that none of the funds obligated on the P.O.
shall be expended, directly or indirectly, to influence congressional action on any legislation or
appropriation matters pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhere in statute and regulation.
9. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products
purchased with funds made available under this P.O. should be American -made.
10. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this P.O., the Government shall not be responsible for or
have any obligation to the Vendor for (i) Decontamination and/or Decommissioning (D&D) of
any of the Vendor's facilities, or (ii) any costs which may be incurred by the Vendor in
connection with the D&D of any of its facilities due to the performance of the work under this
P.O., whether said work was performed prior to or subsequent to the effective date of this P.O..
11. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Vendor is required to
comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA),
consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106
applies to historic properties that are listed in or eligible for listing in the National Register of
Historic Places. In order to fulfill the requirements of Section 106, the Vendor must contact the
State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation
Officer (THPO), to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO
Standard Professional Services Agreement- rev03/10
24
contact information is available at the following link: http://www.ncshpo.org/find/index.htm.
THPO contact information is available at the following link: http://www.nathpo.org/mgp.html .
Section 110(k) of the NHPA applies to DOE funded activities. Vendors shall avoid taking any
action that results in an adverse effect to historic properties pending compliance with Section
106.
Vendor should be aware that the DOE will consider the Vendor in compliance with Section 106
of the NHPA only after the Vendor has submitted adequate background documentation to the
SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the
Vendor that it does not object to its Section 106 finding or determination. Vendor shall provide a
copy of this concurrence to the DOE.
Standard Professional Services Agreement- rev03/10
25
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older
then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible forwithholding any portion of Professional's compensation hereunderforthe payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. Personal Services. It is understood that the City enters into this Agreement based on
the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
Standard Professional Services Agreement- rev03/10
3
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as a
waiver of any rights or benefits provided to the City under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
15. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
Standard Professional Services Agreement- rev03/10
4
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
Standard Professional Services Agreement- rev03/10
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity
Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service
Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the
City's covered accounts.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit B - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference, Exhibit C - ARRA
Requirements, consisting of two (2) pages, attached hereto and incorporated herein by this
reference and Exhibit D — Department of Energy (DOE) Award Terms and Conditions, consisting of
three (3) pages, attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev03/10
6
0�.�•�®RT �ae�!y. ,
� . •. cS7
U • SE kL
I BDTl��_-•-� ��°�
City Clerk
APP S TO FORM:
Assist n ity Attorney
ATTEST:
THE CITY OF FORT COLLINS, COLORADO
Ja es B. O'Neill II, CPPO, FNIGP
Direct of urchasing & Risk Management
DATE: b C Z 5- I I C)
Symbiotic Engineering
By:
Title:
«b�
Date: 9 Izz��n
(Corporate Seal)
Corporate Secretary
Standard Professional Services Agreement- rev03/10
EXHIBIT A
Symbiotic Engineering SIMS
Scope of Work
1. PROJECT ABSTRACT
Fort Collins Utilities (Utilities) is purchasing an enabling technology platform to target, track, quantify
and report resource usage for carbon reduction trends, consumption trends and demand -side
management program effectiveness. Grant funds totaling $72,000 from the GEO/DOE NEED
program will be applied to this pilot project. The SIMS (Sustainability Information Mgmt. System)
platform provides an interface between the Utilities' account records, geographic information system
(GIS) data, tax assessor information and current/historic weather data. The enhanced analytical
capabilities provided by this interface will increase energy efficiency results in four specific programs
by using customized query capabilities to generate targeted efficiency program outreach to homes
and businesses. These enhanced efficiency program results would further the City's carbon
reduction goals and would improve program efficiency, accountability and data quality. The platform
will leverage anticipated collaborative efforts with other utilities, local governments and state
agencies.
2. BACKGROUND AND OBJECTIVES
In response to aggressive goals in recently adopted City policies (see the Climate Action Plan,
Energy Policy and Water Conservation Plan at www.fcgov.com) and those which will be updated in
2010 (City Plan, Transportation Master Plan and Green Building), the City continues to expand and
enhance the programs it offers to customers in the areas of energy and water efficiency and other
climate protection strategies. These programs include the Business Efficiency Program, Home
Efficiency Program, Home Energy Reports, Green Energy, Load Management and Climate Wise.
With this wide array of programs and incentives available to residents and businesses, the City
desires to implement the Carbon CityTM Sustainability Information Management System (SIMS) to
provide comprehensive solutions for increasing resource savings in the community.
The City has a carbon emissions reduction goal of 20% below 2005 levels by 2020 and 80% below
by 2050. The Climate Wise program has a goal to increase reported carbon reductions by 10,000
tons annually and a program target of 140,000 avoided tons by 2012; the reductions include savings
from energy, water, waste and transportation measures. The Energy Policy includes an overall
target for savings from energy efficiency programs of 1.5% of the community's electric use. This is
equivalent to 22,000 megawatt -hours of annual savings or greenhouse gas (GHG) emissions
reductions of 16,180 metric tons of carbon dioxide equivalent (mt-COA. Total efficiency program
savings in 2008 and 2009 were 11,000 and 14,000 MWh, respectively. Reaching the 2010 goal will
require a 50% increase in program savings, and thus significant increases in program participation
are needed. The objective of this pilot program is to implement the SIMS in the City to provide a
comprehensive solution that will:
Standard Professional Services Agreement- rev03/10
1. Provide detailed utility customer characterization for enhanced targeting of program
marketing to increase participation rates in four primary residential and commercial
programs;
2. Provide a web interface for Climate Wise program partners that will present them with
their energy use trends, normative group comparisons, and enable sharing of best
practices; and
3. Track the weather normalized energy use changes of each individual utility customer in
these programs to better quantify program impacts.
This project will utilize the SIMS to improve the energy efficiency results of four specific programs.
The programs would take advantage of the building energy use characterization and benchmarking
capability to strategically target customers for participation (both by breadth, expanding the number
of participants, and depth, achieving deeper level of savings per customer) and the ability to use
weather normalized energy benchmarks to track results.
Table 1 describes in more detail how the SIMS would be used with each program to achieve
these results. Saving estimates for each program are included in Attachment A.
Table 1: SIMS Enhancements to Programs
Ref
Name
Use of SIMS Tool
1
Business
Use normative data from the benchmarking capability to target specific
Efficiency
commercial sectors for efficiency program outreach. For example,
Program
information would be provided to retail customers that puts their electricity
use in context of other similar businesses or how comparable businesses
are saving based on prior program participation.
2
Home
Use the benchmarking capability by neighborhood to identify common
Efficiency
energy use patterns and solutions identified through completed projects.
Program
For example, within a particular neighborhood, there are both similar
construction types and codes in place at the time of construction. As
successful projects are completed through the program, Utilities would
provide information on solutions to other customers in the neighborhood.
3
Building
e This program targets specific sizes and energy use intensity commercial
Tune-up
customers. The platform can be used to pre-screen customers for
Program
eligibility and identify those most likely to benefit based on building type,
age, size and energy use intensity.
4
Climate
. Climate Wise partners would be provided with a user interface that would
Wise
present their data and allow them to create their own user groups to share
Program
data and information. The user interface and custom groups would enable
normative comparisons, sharing of best practices and provide a rapid
feedback mechanism. This would mobilize existing partners to increase
efficiency savings through new projects and considering additional "deep"
savings opportunities.
Standard Professional Services Agreement- rev03/10
9