1 AGREEMENT
This Agreement (“Agreement”), dated by the Anaheim City Clerk on _____________________ (“Effective Date”), is made and entered into by and between the City of Anaheim, a municipal corporation (“Anaheim”), and Richard Heath & Associates, Inc., a California corporation (“Service Provider” or “Provider”). Anaheim and Provider are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
A. Anaheim is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Anaheim Charter.
B. Anaheim desires to engage Provider to provide professional services to administer its energy efficiency initiatives under the Small Business Energy and Water Direct Install (“SBDI”) Program, which includes outreach and implementation of its electric and water efficiency measures, the Dusk-to-Dawn Lighting Program, and the energy-efficient appliances program (“Project”).
C. Provider possesses the skill, experience, ability, licenses, certifications, and materials necessary to perform the Project services.
D. Anaheim has solicited and received a proposal from Provider and has evaluated Provider’s previous experience and expertise, and Anaheim desires to retain Provider to render the Project services under the terms and conditions set forth in this Agreement.
TERMS AND CONDITIONS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Provider shall provide to Anaheim all labor, materials, tools, equipment, services, systems, and incidental and customary work necessary for the Project (“Services”). The Services are more particularly described in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference (“Scope of Services”). On behalf of Anaheim, the Public Utilities General Manager (“General Manager”) or designee is authorized to add, modify, or delete tasks from the Scope of Services.
2. TERM
The term of this Agreement commences on the Effective Date and continues through its 5th anniversary, unless earlier terminated per Section 26 (“Term”). Thereafter, the Term shall automatically extend for up to three (3) successive annual periods on each anniversary of the Effective Date, for a total Term of eight (8) years, unless Anaheim gives written notice of
2 nonrenewal prior to expiration of the then-current Term. Each initial and successive annual period is referred to as “Term Year.”
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of this Agreement, and Provider shall perform and complete all Services in a diligent and timely manner. Provider’s failure to adhere to stated schedules, if any, may result in Anaheim’s election to terminate this Agreement.
3.2 The time period(s) specified for performance of the Services rendered, pursuant to this Agreement, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Provider, including, but not restricted to, acts of God or of the public enemy; unusually severe weather, fires, earthquakes, floods, pestilence, or other natural catastrophes; epidemics; quarantine restrictions; riots; strikes; freight embargoes; wars; litigation; civil disturbance or disobedience; labor dispute; labor or material shortage; sabotage; change in government priorities; restraint by court order or public authority; and action or non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including Anaheim, which by the exercise of due diligence such Party cannot reasonably be expected to avoid and by which exercise of due diligence has been unable to overcome, if Provider shall within ten (10) days of the commencement of such delay notify Anaheim’s project administrator (“Project Administrator”) in writing of the causes of the delay.
The Project Administrator shall ascertain the facts and the extent of delay and may extend the time for performing the Services for the period of the delay if, in the judgment of the Project Administrator, such delay is justified. The Project Administrator’s determination shall be final and conclusive upon the Parties. In the event of delay, however caused, Provider’s sole remedy shall be an extension of the Term, pursuant to this Section, and Provider shall not be entitled to recover damages against Anaheim.
4. COMPENSATION
4.1 Anaheim shall pay Provider for the Services satisfactorily completed pursuant to the unit prices/billing rates contained in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by reference (“Schedule of Compensation”). No changes to the Schedule of Compensation’s unit prices/billing rates may be made without the prior written authorization of the General Manager or designee.
4.2 Anaheim shall reimburse Provider for only those costs or expenses specifically approved in writing in advance by the General Manager or designee.
4.3 Except as provided in Sections 4.4 and 4.5 below, the Parties understand and agree that full and complete payment for all Services provided under this
3 Agreement, including, but not limited to, all reimbursable expenses and subconsultant fees, if any, shall not exceed one million, five hundred thousand dollars and zero cents ($1,500,000.00) (“Contract Amount”) per Term Year. The Contract Amount does not constitute a guarantee of payment to Provider but instead constitutes a spending option for Anaheim, as may be needed.
4.4 Beginning with the first extension (Term Year 6) and continuing once annually thereafter, the “Per Service Fee” amount in Exhibit B may be adjusted based on changes in the Consumer Price Index (“CPI”) for All Urban Consumers (“CPI- U”), U.S. City Average, All Items, not seasonally adjusted, with a base of 1982- 84 = 100 as published by the U.S. Department of Labor Bureau of Labor Statistics. Any upward adjustment pursuant to this Section shall result in an increase to the Contract Amount. If the CPI-U is no longer published at the time of adjustment, the Parties shall use the successor index applicable conversion tables. Notwithstanding CPI changes, any annual increase shall not exceed three percent (3%) of the Per Service Fee amount in Exhibit B from the prior Term Year (as may be adjusted per this Section) unless approved in writing by Anaheim. Provider must notify Anaheim in writing at least sixty (60) days prior to any compensation increase request. The notice shall include the calculation and effective date of the adjustment, and failure to provide timely notice will render the increase null and void until notice is properly given.
4.5 The General Manager is authorized to approve expenditures above the Contract Amount not to exceed twenty (20%) of the Contract Amount for additional services (“Extra Services”) that the General Manager determines (a) are necessary for the successful completion of the Services, (b) can be paid for by available budget appropriations, and (c) are in Anaheim’s best interest to purchase.
4.5.1 In no event shall Provider render Extra Services without the written authorization of the General Manager or designee.
4.5.2 Extra Services shall be billed at either the unit prices/billing rates set forth in the Schedule of Compensation or at a fixed price, at the General Manager’s discretion. If billed at a fixed price, Provider shall provide Anaheim with a general description of the Extra Services to be performed with a proposed price.
4.5.3 Any approved Extra Services will be incorporated into the Services and the Agreement upon the Parties’ execution of a letter agreement (“Extra Services Letter”) that contains (a) the agreed price for the Extra Services and (b) a description of the Extra Services. Provider shall commence performance of the Extra Services either upon the Parties’ execution of the Extra Services Letter or such other time expressly indicated therein.
4.5.4 Other than the Extra Services that the General Manager or designee is authorized to approve pursuant to this Section 4.4, Provider shall not
4 render additional services beyond the scope of this Agreement unless such services are first approved by a written amendment to this Agreement.
4.6 Provider shall submit monthly invoices to Anaheim describing the work that was performed in the preceding month. Provider’s invoices shall be based on the line items contained in Exhibit B. For items authorized in advance by Anaheim, for which Anaheim determines there is no line-item equivalent listed, Provider’s invoice shall include the name of the person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on work billed on an hourly basis, and a description of any reimbursable expenditures. Anaheim shall pay Provider no later than thirty (30) days after approval of the monthly invoice by Anaheim staff.
4.7 All Parties recognize that the continuation of this Agreement after the close of any fiscal year of Anaheim, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. Anaheim does not represent that said budget item will actually be adopted, said determination being the determination of the City Council at the time of the adoption of the budget. No penalty shall accrue to Anaheim in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, the Parties shall negotiate a settlement based on monies paid and due, items delivered, and Services provided.
5. PROJECT MANAGER
5.1 Provider designates Gabriel Peredo (Senior Director) and Roberto Blancas (Senior Project Manager) to serve as its “Project Manager(s),” either of whom may act as the Project Manager, who shall coordinate the Services. This Project Manager shall be available to Anaheim at all reasonable times during the Term of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Project Manager is a substantial inducement for Anaheim to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the Term of this Agreement for directing all activities of Provider and devoting sufficient time to personally supervise the provision of Services hereunder. The Provider may not change the Project Manager without the General Manager or designee’s express written authorization.
5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to Anaheim or who are determined by Anaheim, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by Provider at the request of Anaheim.
Provider warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
5 6. ADMINISTRATION
The Anaheim Public Utilities Department (“APU”) will administer this Agreement. The following APU employees are authorized to take the below actions pursuant to this Agreement:
• The General Manager is authorized to take any action on behalf of Anaheim as set forth herein and to terminate this Agreement in accordance with Section 26 below. • Anaheim designates Jim Galvan, Resource Programs Specialist III, as its “Project Administrator.” The General Manager or designee may change the Project Administrator at any time, and Anaheim will provide Provider written notice of such change as soon as is practical. The Project Administrator, or designee, shall have the power to act on behalf of Anaheim for ordering, reviewing, and approving all Services performed by Provider under this Agreement. The Project Administrator shall not be authorized to approve Extra Services, change unit prices/billing rates, or terminate Services under this Agreement.
7. STANDARD OF CARE
7.1 As a material inducement for Anaheim to enter this Agreement, Provider represents and warrants that it is a provider of first-class work and services and is experienced in performing the Services contemplated herein, and in light of such status and experience Provider covenants that it shall follow the highest professional standards in performing the work and Services required hereunder and that all work will be of good quality. Provider further warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services assigned to them. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
7.2 Provider represents and warrants to Anaheim that it has, shall obtain, and shall keep in full force in effect during the Term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance, certifications, and approvals of whatsoever nature that is legally required of Provider to practice its profession, including any licenses and certifications, if any, listed in Exhibit A. Provider shall maintain a City of Anaheim business license during the Term.
7.3 At no cost to Anaheim, Provider shall re-perform any Services that Anaheim reasonably deems unsatisfactory.
8. FAMILIARITY WITH WORK
By executing this Agreement, Provider represents and warrants that Provider: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be provided; and (iii) fully understands the facilities, difficulties, and restrictions attending the provision of the Services under this Agreement. Should Provider discover any latent or unknown conditions materially differing from those inherent in the provision of such
6 Services or as represented by Anaheim, Provider shall immediately inform Anaheim of such fact and shall not proceed except at Provider’s risk until written instructions are received from Anaheim.
9. INDEPENDENT CONTRACTOR
9.1 Neither Anaheim nor any of its employees shall have any control over the manner, mode, or means by which Provider, its agents or employees, perform the Services, except as otherwise set forth herein. Except as expressly provided herein, Anaheim shall have no voice in the selection, discharge, supervision, or control of Provider’s employees, servants, representatives or agents, or in fixing their number, compensation, or hours of service. Provider shall perform all Services as an independent contractor of Anaheim and shall remain at all times, as to Anaheim, a wholly independent contractor with only such obligations as are consistent with that role. Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Anaheim.
Anaheim shall not in any way or for any purpose become or be deemed to be a partner of Provider in its business or otherwise or a joint venturer or a member of any joint enterprise with Provider.
9.2 In consideration for the compensation Anaheim pays to Provider, Provider agrees that Anaheim shall not be liable or responsible for any benefits, including, but not limited to, worker’s compensation, disability, retirement, life, unemployment, health, or any other benefits that Provider offers to its employees/agents, and Provider agrees that it shall not sue or file a claim, petition, or application therefor against Anaheim or any of its appointed or elected officials (together, “officials”), officers, employees, agents, representatives, or sureties.
10. INSURANCE
10.1 Without limiting Anaheim’s right to indemnification, it is agreed that Provider shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
10.1.1 Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 and must include a Waiver of Subrogation.
10.1.2 Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability (if applicable), in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate. Any deductible or self-insured retention in excess of $10,000 must be disclosed to Anaheim, in writing, at the inception of this Agreement and is subject to the acceptance of the City’s Risk Manager.
7 10.1.3 Automobile Liability Coverage, as required by California law, including – as applicable – owned, non-owned, and hired autos, in an amount not less than $2,000,000, combined single limit.
10.1.4 Professional Liability, inclusive of Cyber Liability, in an amount not less than $2,000,000, and Provider shall maintain such coverage for at least one (1) year from termination of this Agreement. Any deductible or self- insured retention in excess of $10,000 must be disclosed to Anaheim, in writing, at the inception of this Agreement and is subject to the acceptance of the City’s Risk Manager.
10.2 Provider agrees that each insurance policy required by this Agreement shall not be voluntarily cancelled or otherwise limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days’ notice.
10.3 Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
10.3.1 “It is agreed that any insurance maintained by Provider, pursuant to this Agreement, shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Anaheim.”
10.3.2 “The City of Anaheim, its officers, agents, employees, representatives and Anaheim-designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”
10.4 Prior to commencing any work under this Agreement, Provider shall deliver to Anaheim insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above.
Also, within thirty (30) days of the execution date of this Agreement, Provider shall provide Anaheim: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to Anaheim evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M. Best’s rating of A VII or higher; or (iii) otherwise acceptable to Anaheim, with prior written permission from Anaheim. In the event that a claim or other legal action is filed against Anaheim, and if Anaheim, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then Anaheim has the right to demand, and to receive within a reasonable
8 time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that Provider shall fully defend, hold harmless, and indemnify Anaheim against any such claim or other legal action.
10.5 In addition to other remedies Anaheim may have if Provider fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Anaheim may, at its sole option:
10.5.1 Order Provider to stop work under this Agreement and/or withhold any payment(s) which become due to Provider hereunder until Provider demonstrates compliance with the requirements hereof; or
10.5.2 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies Anaheim may have and is not the exclusive remedy for Provider’s failure to maintain insurance or secure appropriate endorsements.
10.6 In the event Provider hires other persons or firms to perform some of the work related to this Agreement, Provider shall ensure, and certify to Anaheim in writing that: (i) the acts or omissions of such persons or firms are covered under the above-referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of Provider under this Agreement (except for firms which are not performing professional services-such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, Provider shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to Anaheim.
10.7 Anaheim’s Risk Manager is hereby authorized to amend or reduce the requirements set forth herein in the event such reduction is in Anaheim’s best interest.
11. INDEMNIFICATION
11.1 As respects acts, errors or omissions in the performance of professional services, Provider agrees to indemnify and hold harmless Anaheim, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, to the extent arising directly out of Provider’s (or Provider’s contractors’ or subcontractors’, if any) negligent acts, errors or omissions in the performance of professional services under this Agreement, except those matters arising out of the sole negligence or willful misconduct of the City.
11.2 As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by ISO-based general and automobile
9 liability insurance coverage, Provider agrees to indemnify, defend (at Anaheim’s option), and hold harmless Anaheim, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with Provider’s (or Provider’s contractors’ or subcontractors’, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of Anaheim.
11.3 The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not Anaheim, Provider, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
12. INTELLECTUAL PROPERTY
12.1 Provider shall, at its sole expense, defend, indemnify, and hold harmless Anaheim, its officials, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising from infringement or alleged infringement of any U.S. patent, trademark, copyright, or other intellectual property rights related to any work product, materials, or documents (collectively, “work product”) provided by Provider to Anaheim under this Agreement. This indemnity obligation includes any claims that may arise out of or are related to Provider’s use of third- party intellectual property in connection with the performance of this Agreement.
This indemnity excludes claims resulting solely from Anaheim’s unauthorized modification or misuse of work product.
12.2 In the event of any indemnifiable claim under Section 12.1, Provider shall, at its expense and option, (a) secure for Anaheim the right to continue using the work product, (b) modify the work product to be non-infringing while maintaining equivalent functionality, or (c) replace the work product with a non-infringing alternative that provides equivalent functionality.
13. EXCLUDED DAMAGES
Unless otherwise expressly stated herein, each Party’s maximum liability (and sole remedy against the other) for any loss or damage arising from performance or non-performance under this Agreement shall be limited to proven direct, actual damages. Neither Party shall be liable to the other for any indirect, punitive, incidental, reliance, special, or consequential damages, whether or not such Party had been advised of the possibility of such damages.
14. PREVAILING WAGES
14.1 By executing this Agreement, Provider certifies that it is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates
10 and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Provider agrees to fully comply with such Prevailing Wage Laws in the performance of the Services. The prevailing rates of per diem wages are available at:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Provider’s principal place of business and at the project site.
14.2 Provider shall pay all workers pursuant to the Prevailing Wage Laws and not less than the prevailing wage rates as determined by the Director of Industrial Relations in accordance with the provisions of the Labor Code. As provided in Labor Code section 1775, if Provider violates the foregoing, Provider shall forfeit, as a penalty to Anaheim, fifty dollars ($50) for each calendar day or portion thereof for each workman paid less than the stipulated prevailing wage rate for such work or craft in which such workman is employed, for any Service subject to the Prevailing Wage Laws. In addition to said penalty and pursuant to said section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman shall be paid to each workman by Provider, as applicable.
14.3 Provider shall strictly adhere to the provisions of the Labor Code, including sections 1810 through 1813 and 1815, regarding minimum wages, the 8-hour day, the 40-hour week, overtime, Saturday, Sunday, and holiday work. Provider shall forfeit to Anaheim the penalties prescribed in the Labor Code for noncompliance, including the penalties set forth in section 1813 for violations of sections 1810 through 1815.
14.4 Provider shall comply with the provisions of Labor Code sections 1777.5 and 1777.6 and Title 8, sections 200 et seq. of the California Code of Regulations relating to apprentice employment and training. Provider shall assume full responsibility for compliance with said sections with respect to all apprenticeable occupations providing Services. In the event of noncompliance by Provider, Anaheim shall withhold the penalties provided for under section 1777.7 of the Labor Code from payments then due.
14.5 Pursuant to the requirements of section 1860 of the Labor Code, Provider will be required to secure the payment of workers’ compensation to its employees in accordance with the provisions of section 3700 of the Labor Code.
14.6 Anaheim will not recognize any claim for additional compensation because of the payment by Provider of any wage rate in excess of the prevailing wage rate effective on the Effective Date. The possibility of prevailing wage increases is one of the elements to be considered by Provider at the time of the proposal
11 submission and will not, under any circumstances, be considered as the basis of a claim against Anaheim for additional compensation.
14.7 Provider shall maintain accurate payroll records in accordance with the provisions of Labor Code section 1776 and shall, upon request, file said records with Anaheim.
14.8 Provider shall forfeit as a penalty to Anaheim twenty five dollars ($25) for each calendar day during which a Provider’s employee subject to the Prevailing Wage Laws is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Labor Code and, in particular, section 1810 to section 1815 thereof, inclusive, except that the Services performed by the employees of Provider in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation of all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay as provided in section 1815.
14.9 Provider shall defend, indemnify, and hold Anaheim, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure by Provider or its employees, agents, contractors, and subcontractors to comply with the Prevailing Wage Laws.
15. PERFORMANCE OF SERVICES
15.1 Provider is responsible for keeping the Project Administrator or designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
15.2 In performing the Services, Provider agrees to work closely and cooperate fully with the Project Administrator and such other employees, consultants, or contractors of Anaheim, whom Anaheim has assigned to the Project.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to Anaheim for entering into this Agreement is the professional reputation, experience, and competence of Provider. Provider has no right to assign, transfer, delegate, or otherwise encumber (together “Assignment”) any rights, obligations, duties, interests, or privileges in or arising out of this Agreement, including as a result of a merger, acquisition, consolidation, or other form of corporate assimilation, without the prior written consent of Anaheim. Any such purported Assignment without Anaheim’s prior consent shall be void as to Anaheim. If Anaheim approves an Assignment, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of Provider.
12 17. SUBCONTRACTING
Except for those subcontractors set forth in the Scope of Services, if any, Provider shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of Anaheim. Provider shall be fully responsible to Anaheim for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between Anaheim and the subcontractor, nor shall it create any obligation on the part of Anaheim to pay or ensure the payment of any monies due to any such subcontractor other than as otherwise required by law. Anaheim is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and Anaheim pursuant to this Agreement.
18. USE AND OWNERSHIP OF DOCUMENTS AND DATA
18.1 Anaheim shall furnish to Provider such documents, data, and materials as may be relevant and pertinent to the provision of Services hereunder as Anaheim may possess or acquire.
18.2 All documents, data, and written materials furnished by Anaheim to Provider pursuant to Section 18.1 shall remain the property of Anaheim and shall be returned to Anaheim upon termination of this Agreement, for any reason. All documents, data, or written material prepared or caused to be prepared by Provider, its officers, employees, agents, and subcontractors in the course of implementing this Agreement shall become the exclusive property of Anaheim, and Anaheim shall have the sole right to use such materials in its discretion without further compensation to Provider or any other party. Provider shall, at Provider’s sole cost and expense, provide such documents, data, and material to Anaheim upon prior written request.
19. CONFIDENTIALITY
19.1 “Confidential Information” means, with respect to a Party hereto, all information or material that are either (1) marked or identified as “Confidential,” “Restricted,” or “Proprietary,” or other similar marking or identification, or (2) the Receiving Party knew, or under the circumstances should have known, was considered confidential or proprietary by the Disclosing Party. Confidential Information shall consist of all information, whether in written, oral, electronic, digital, or other form that was furnished in connection with this Agreement by the Disclosing Party or its Representatives (“Representative” is defined as any elected or appointed official, affiliate, director, officer, employee, agent, advisor, or consultant of a Party or any of its subsidiaries or affiliates) to the Receiving Party or to its Representatives and specifically includes, but is not limited to, Anaheim’s individually identifiable customer information and Anaheim’s customer usage data and financial data. The term Confidential Information shall not include any of the following: (1) information already in possession of, or already known to, the Receiving Party as of the Effective Date without an obligation of confidentiality; (2) information in the public domain at the time of
13 the disclosure, or which, after such disclosure, enters into the public domain through no breach of this Agreement by the Receiving Party or its Representative(s); (3) information lawfully furnished or disclosed to the Receiving Party by a non-party to this Agreement without any obligation of confidentiality and through no breach of this Agreement by the Receiving Party or its Representative(s); (4) information independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party; or (5) information authorized in writing by the Disclosing Party to be released from the confidentiality obligations herein.
19.2 Provider and Anaheim shall each hold the other’s Confidential Information in confidence. Neither Party shall make the other’s Confidential Information available in any form to any third party or use the other’s Confidential Information for any purpose other than to perform this Agreement. The Party providing Confidential Information (“Disclosing Party”) to the other Party (“Receiving Party”) shall remain the sole owner of such information. Except as provided elsewhere within this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any right or license in any Confidential Information or in any patents, copyrights, software, or other technology, either expressly or by implication to the Receiving Party, its Representatives, or to others.
19.3 By virtue of this Agreement, each Party hereto may disclose to the other Party information that is Confidential Information. This Agreement does not diminish, revoke, or supersede any existing confidentiality, non-disclosure, or similar agreement between the Parties that does not pertain to the subject matter of this Agreement. However, any Confidential Information, whether or not previously disclosed, that pertains to the subject matter of this Agreement shall be governed by the terms of this Section 19, which shall supersede any less-restrictive provisions of such previous agreement with respect to such Confidential Information. Any Confidential Information relating to the subject matter of this Agreement that was exchanged under such previous agreement shall be treated as though it were exchanged under this Agreement as of the date of such exchange.
19.4 The Receiving Party will treat all Confidential Information of the Disclosing Party as confidential and proprietary, and the Receiving Party shall only use such information in furtherance of this Agreement. As such, the Receiving Party shall hold in confidence the Confidential Information of the Disclosing Party and ensure that such Confidential Information is not disclosed to any other person or entity, except as expressly permitted by this Agreement or as authorized in writing by the Disclosing Party. Receiving Party shall not disclose Confidential Information of the Disclosing Party received under this Agreement to any person other than its Representatives who require knowledge of such Confidential Information in furtherance of this Agreement. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information of the Disclosing Party and advise such Representatives of the limitations on the use and disclosure and prohibition on making copies or summaries of such
14 Confidential Information. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives. Neither Party shall use the Confidential Information of the other Party for any commercial purpose.
19.5 If the Receiving Party becomes legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information of the Disclosing Party or is requested Confidential Information pursuant to the California Public Records Act or similar law, the Receiving Party will provide the Disclosing Party with written notice of such an occurrence (if so permitted) as soon as possible, but in no event later than five (5) days after knowledge of Provider’s obligation to such requirement. Thereafter, at its sole costs and expense, the Disclosing Party may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. So long as it is consistent with applicable law, the Receiving Party will not oppose action by, and the Receiving Party will cooperate with, the Disclosing Party, at the Disclosing Party’s sole cost and expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. If the Disclosing Party fails to obtain such protective order or other remedy, or if the Disclosing Party waives compliance with the requirements of the preceding sentence, the Receiving Party will disclose only that Confidential Information that it is legally required to disclose and will exercise commercially reasonable efforts, at Disclosing Party’s expense, to obtain reliable assurance that confidential treatment will be accorded the Confidential Information so disclosed.
19.6 In the event the Receiving Party discloses, disseminates, or releases any Confidential Information, except as expressly permitted by this Agreement, such disclosure, dissemination, or release will be deemed a material breach of this Agreement, and the Disclosing Party may demand prompt return of all Confidential Information previously provided to the Receiving Party. As soon as the Receiving Party becomes aware that it has made an unauthorized disclosure of Confidential Information, the Receiving Party shall take any and all necessary actions to recover the improperly disclosed Confidential Information and immediately notify Disclosing Party regarding the nature of the unauthorized disclosure and the corrective measures being taken. Each Party agrees that any breach of their confidentiality obligations could cause irreparable harm to the other Party, the amount of which would be extremely difficult to estimate.
Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for any material breach of this Agreement and that specific performance and injunctive relief in addition to monetary damages shall be appropriate remedies for any breach or any threat of such breach. The provisions of this Paragraph are in addition to any other legal rights or remedies the Disclosing Party may have.
19.7 Within two (2) weeks of the termination of this Agreement, Provider will return to Anaheim or destroy, to the extent permitted by law, any and all Confidential
15 Information, including all originals, copies, translations, transcriptions, or any other form of said material without retaining any copy or duplicate thereof; provided that Provider may retain Confidential Information contained on backup media created in the ordinary course of business; provided further that there is no effort to access such Confidential Information, and Provider’s confidential obligations with respect to such information shall continue so long as such information is retained. Provider shall certify in writing the destruction of the Confidential Information. Anaheim may perform an audit of Provider’s records to confirm the return or destruction of the Confidential Information. Anaheim shall have this audit right for three (3) years after the termination of this Agreement.
19.8 Notwithstanding the termination of this Agreement, this Confidentiality Section shall survive the expiration or earlier termination of this Agreement.
20. FISCAL RECORDS AND AUDIT
20.1 Provider shall keep records and invoices in connection with the Services. Provider shall use recognized accounting methods in preparing such reports and invoices.
Anaheim reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm, who shall have the right to audit Provider’s accounting procedures and internal controls of Provider’s financial systems and to examine any cost, revenue, payment, claim, record, or supporting documentation resulting from any item set forth in this Agreement. If Provider fails to provide supporting documentation satisfactory to Anaheim for costs charged, then Provider agrees to reimburse Anaheim for those costs. Any such audit(s) shall be undertaken by Anaheim or its representative(s) at reasonable times and in conformance with generally accepted auditing standards.
Provider agrees to fully cooperate with any such audit(s).
20.2 This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under this Agreement. Provider agrees to retain all necessary records/documentation for the entire length of this audit period.
20.3 Provider will be notified in writing of any exception taken as a result of an audit.
Any adjustments and/or payments that must be made as a result of any such audit or inspection of Provider’s invoices and/or records shall be made within thirty (30) days from presentation of Anaheim’s findings to Provider. If Provider fails to make such payment, Provider agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, which higher rate would then prevail. Interest will be computed from the date of written notification of exception(s) to the date Provider reimburses Anaheim for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Provider to Anaheim in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of Anaheim’s audit shall be reimbursed to Anaheim by Provider.
16 21. WITHHOLDINGS
Anaheim may withhold payment to Provider of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Provider shall not discontinue the Services as a result of such withholding. Provider shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums, and his decision shall be final.
Provider shall be entitled to receive interest on any withheld sums at the rate of return that Anaheim earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of Provider that result in expense to Anaheim greater than what would have resulted if there were not errors or omissions in the Services performed by Provider, the additional cost and expense shall be borne by Provider. Nothing in this paragraph is intended to limit Anaheim’s rights under the law or any other sections of this Agreement.
23. ANAHEIM’S RIGHT TO EMPLOY OTHERS
Provider acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that Anaheim may enter into similar agreements with other entities for the provision of similar services.
24. CONFLICTS OF INTEREST
Provider or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the “Act”), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Services performed under this Agreement and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Provider shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by Anaheim. Provider shall indemnify and hold harmless Anaheim for any and all claims for damages resulting from Provider’s violation of this Section.
25. NOTICES
Any notice or demand to be made under this Agreement shall be in writing and shall be deemed effective when: (1) delivered personally, upon receipt or refusal of receipt by the receiving Party; (2) sent by registered or certified mail, return receipt requested, postage prepaid, on the date shown on the return receipt or the date of refusal of receipt; or (3) sent by recognized overnight
17 courier service, delivery fees prepaid, the business day following deposit with the courier.
Notices shall be addressed to the Parties at the following addresses:
If to Anaheim: Anaheim City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
With copies to: Public Utilities General Manager
City of Anaheim
201 S. Anaheim Blvd., Suite 1101
Anaheim, CA 92805
If to Provider: Richard Heath & Associates, Inc.
590 W. Locust Ave., Ste #103
Fresno, CA 93650
Phone: (626) 956-5329
FAX No. (559) 447-7099
Each Party may change its address for notice by providing written notice to the other in accordance with this Section.
26. EARLY TERMINATION
26.1 “Default” shall mean the failure of Provider to perform any of Provider’s duties or obligations or the breach by Provider of any of the terms and conditions set forth in this Agreement. In addition, Provider shall be deemed to be in Default upon Provider’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee, or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization, or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution, or seizure of all or a substantial portion of Provider’s assets or of Provider’s interests hereunder.
26.2 Anaheim shall not be deemed to be in default in the performance of any obligation required to be performed by Anaheim hereunder unless and until Anaheim has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Provider specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of Anaheim’s obligation is such that more than thirty (30) days are required for its performance, then Anaheim shall not be deemed to be in default if Anaheim shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
18 26.3 In the event of any Default, Anaheim may immediately terminate this Agreement.
Such termination shall be effective immediately upon receipt by Provider of written notice from Anaheim. In such event, Provider shall have no further rights hereunder, and Anaheim shall have all other rights and remedies as provided by law.
26.4 Anaheim may terminate this Agreement at any time without the necessity of cause or Default by giving thirty (30) days’ notice in writing to Provider. In such event, the Parties shall have no further rights hereunder, except that Provider shall be paid for all services adequately rendered prior to such termination. Provider may not terminate this Agreement except for cause.
26.5 Anaheim may suspend or abandon the Services for any reason with or without notice. If any part of the Project is suspended or abandoned for any reason, Anaheim shall have the right to suspend or terminate the affected portions(s) of this Agreement, including any part of the Services. In the event of such suspension or termination, Provider shall only expend such additional time as is necessary to assemble the Services in progress for the purpose of properly filing and closing the job and as is previously approved by Project Administrator. In no event shall additional time exceed ten percent (10%) of the total time expended on the suspended or abandoned portion of the Services prior to the date of notice of suspension or termination. In the event the Services are suspended for longer than six (6) months, Provider may terminate this Agreement as it applies to the suspended portion of the Project by giving Anaheim at least thirty (30) days’ written notice.
26.6 Provider shall not be relieved of liability to Anaheim for damages sustained by Anaheim by virtue of any breach of Agreement by Provider, and Anaheim may withhold any payments to Provider for the purpose of set-off until such time as the exact amount of damages due Anaheim from Provider is determined. In addition, Anaheim may pursue all remedies available under law for breach of this Agreement. The waiver by either Party of any breach to this Agreement shall not constitute a waiver as to any succeeding breach.
27. COMPLIANCE WITH ALL LAWS
Provider shall at its own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county, or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Provider shall conform to applicable local, county, state, and federal laws, rules, regulations, and permit requirements and be subject to approval of the Project Administrator.
28. WAIVER
No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right, nor shall any waiver of a breach or default be deemed a waiver of any subsequent breach or default. Any waiver must be in writing and signed by the waiving Party.
19 29. INTEGRATED CONTRACT
This Agreement and its Exhibits hereto, if any, contain the entire agreement between the Parties with respect to the matters covered hereby, and no agreement, statement, or promise made by either Anaheim or Provider that is not contained herein shall be valid or binding. No prior agreement, understanding, or representation pertaining to any the matters covered hereby shall be effective for any purpose.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and its Exhibits or any other attachments hereto, if any, the terms of this Agreement shall govern.
31. INTERPRETATION
Each Party acknowledges that he/she/it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both Parties and approved as to form by the Anaheim City Attorney’s Office.
33. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
34. REMEDIES CUMULATIVE
The remedies given to Anaheim and Provider herein shall be cumulative and are given without impairing any other rights given Anaheim or Provider by statute or law now existing or hereafter enacted, and the exercise of any one remedy by Anaheim or Provider shall not exclude the exercise of any other remedy.
35. NO THIRD-PARTY BENEFICIARIES
The Parties intend that neither rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation, or undertaking established herein.
20 36. CONTROLLING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Any legal action or proceeding arising under or related to this Agreement shall be brought exclusively in a court located in Orange County, California. The Parties irrevocably consent to the jurisdiction of such court and waive any objection to venue or forum based on inconvenience or any other grounds.
37. DISCRIMINATION
Provider agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin, or other prohibited basis in its provision of Services or hiring of subcontractors or employees. To the extent this Agreement provides that Provider offer accommodations or services to the public, such accommodations or services shall be offered by Provider to the public on fair and reasonable terms.
38. SIGNATURE & DATE AUTHORITY
38.1 Each Party and each Party’s signatory represents and warrants that each is duly authorized to execute and deliver this Agreement on behalf of such Party and that this Agreement is binding upon such Party in accordance with its terms. Upon Anaheim’s request, Provider shall deliver a certified copy of its governing board’s resolution or certificate authorizing or evidencing such execution.
38.2 Anaheim shall have the authority to fill in the date field opposite the Provider’s signature if Provider fails to write a date.
39. HEADINGS
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
40. COUNTERPARTS AND ELECTRONIC SIGNATURE
This Agreement may be executed in counterparts, each deemed an original and together constituting one instrument. Digital signatures obtained through DocuSign shall be considered valid and binding as though signed in ink.
[SIGNATURES ON FOLLOWING PAGE]
1 EXHIBIT A
SCOPE OF SERVICES
General:
Provider shall implement Anaheim Public Utilities’ (APU) Small Business Direct Install (SBDI) Program and support related initiatives, including the Dusk-to-Dawn Lighting Program and a potential Electrification Program for Commercial Appliances. Services shall be delivered at no cost to eligible small business customers, defined as those with a monthly electric demand of 100 kW or less, subject to the program’s maximum funding limits.
Provider’s responsibilities shall include, but are not limited to, the following duties:
• Program administration, coordination, and reporting in alignment with APU’s objectives • Strategic outreach, customer engagement, and education tailored to Anaheim’s small business community
• Performing on-site assessments and turnkey installations of eligible energy and water efficiency measures, including lighting, HVAC, refrigeration, and electrification technologies
• Conducting surveys and assessments to identify opportunities for energy, water, and cost savings
• Utilizing an established project management database to track participation, savings, expenditures, and performance metrics
All services shall be carried out in accordance with applicable program guidelines and under the direction of APU staff.
Task 1: Program Administration and Outreach:
Provider shall perform all tasks listed below as part of the fixed monthly administration fee, in accordance with the pricing and terms set forth in the Fee Schedule attached hereto as Exhibit B.
1.1 Provider shall host a comprehensive cloud-based software database, subject to approval by APU. The database must be accessible to APU staff and provide centralized data management capabilities, including the ability to capture, store, and report on program metrics. It must categorize customer details based on segmentation criteria, including, but not limited to, measure type, quantity, associated costs, kWh savings, assessment details, and installation date, and other criteria as determined by APU. Additionally, the Provider will be responsible for performing routine maintenance and security updates to ensure the database remains secure and operational without interruption.
1.2 Provider shall conduct outreach efforts to a minimum of 40 APU small business customers per month. If APU assigns specific accounts or areas for canvassing, these requests will be prioritized. Provider shall outline their approach to measuring the effectiveness of these outreach efforts, including clearly defined success metrics.
2 1.3 Provider shall participate in weekly virtual meetings with APU staff to review project status and budget updates. Additionally, the Provider is responsible for accurately documenting meeting minutes and submitting them to APU staff by the next scheduled meeting.
1.4 Provider shall attend a minimum of two (2) community events requested by APU per year.
1.5 Provider shall submit two (2) separate monthly invoices no later than the first Friday of the following month, covering all activities from the prior month. One invoice must be designated for electric measures, while the other must pertain to water measures, ensuring no commingling of charges. Each invoice must include, at a minimum, the program administration fee, allocated as 65% on the electric invoice and 35% on the water invoice, along with detailed customer information, measure type, and corresponding data.
For electric measures, invoices must specify energy savings in kWh, while water measures must indicate gallons saved. Additionally, invoices must outline the cost per measure, the quantity of measures installed or implemented, and the type of assessment conducted with its associated kWh savings. All invoices must be structured to ensure accuracy, transparency, and compliance with program requirements.
1.6 Provider shall update and revise assessment reports as needed to align with program changes. Furthermore, the Provider shall be responsible for documenting potential energy and water savings for each assessment and providing the highest achievable energy savings and gallons saved as calculated by credible sources.
Task 2: Electric and Water Assessments:
Provider shall perform the following energy assessments in accordance with the pricing and terms set forth in the Fee Schedule, attached hereto and incorporated herein as Exhibit B.
2.1 Interior and Exterior Electrical Efficiency Assessment. For small businesses, this involves conducting comprehensive on-site energy evaluations for eligible small business customers in Anaheim. This assessment encompasses all pertinent electrical components, including lighting fixtures, occupancy sensors, timers, exterior and security lighting, refrigeration systems, heating and cooling units, thermostats, and ceiling fans. The assessment report should provide a concise summary of findings, actionable cost-saving recommendations, and information on potential incentives for implementing the suggested energy-efficient upgrades.
2.2 Exterior Lighting Assessment for Multi-Family Dwellings. This assessment focuses exclusively on exterior lighting and control systems, including photocells, motion sensors, and astronomical clocks. It aims to evaluate and optimize outdoor lighting systems in multi-family properties, ensuring enhanced energy efficiency, safety, and performance in common areas.
3 2.3 Interior and Exterior Water Efficiency Assessment for Small Businesses. This task involves conducting a comprehensive on-site evaluation for eligible small business customers in Anaheim. This assessment aims to identify opportunities to reduce water consumption, enhance sustainability, and lower operational costs. The evaluation must focus on water-using appliances and fixtures, such as toilets, faucets, showerheads, and irrigation systems. The assessment report should provide a concise summary of findings, actionable cost-saving recommendations, and information on potential incentives for implementing the suggested water-efficient upgrades.
Task 3: Direct Installation of Electrical Efficiency Measures:
Provider shall implement a comprehensive, turnkey direct installation program to deliver energy efficiency improvements for small business customers, as detailed in Exhibit B: Fee Schedule.
Services shall include the installation of high-efficiency interior and exterior lighting systems (e.g., LED fixtures, occupancy sensors, photocells, and advanced lighting controls), refrigeration upgrades (e.g., ECM motors, strip curtains, and smart controls), and HVAC enhancements (e.g., replacement of inefficient units and installation of smart thermostats).
Provider shall be responsible for all aspects of program delivery, including customer outreach, on-site assessments, procurement of materials, installation, and post-installation quality assurance, to ensure that all equipment is correctly installed and fully operational.
3.1 Provider shall ensure that all lighting measures meet at least two (2) certifications: ETL, CSA, UL Listed, Energy Star, or DLC. All eligible lighting measures must comply with or exceed current local, state, and federal energy efficiency codes and regulations.
Furthermore, all products and services provided and installed by the Provider shall be covered by a minimum one-year written warranty, ensuring the quality and performance of the installations.
3.2 Provider shall complete all tasks specified in the work order within the designated timeframe. If any tasks remain incomplete at the conclusion of the scheduled appointment, the Provider shall ensure completion within three (3) business days following the original appointment date. All costs associated with the use of specialized rental equipment required for return visits shall be the sole responsibility of the Provider.
3.3 Provider shall resolve all warranty-related issues within three (3) business days following notification. Anaheim shall bear no responsibility for any costs incurred in addressing warranty matters. All expenses associated with resolving warranty concerns, including but not limited to specialized rental equipment, shall remain solely the responsibility of the Provider. Additionally, the Provider shall furnish a written warranty covering all products and labor provided under this agreement for a minimum period of one (1) year from the date of installation.
3.4 Provider shall perform energy efficiency installation services in accordance with the unit pricing specified in Exhibit B: Fee Schedule, and in compliance with applicable
4 California Department of Industrial Relations (DIR) trade classifications. Anaheim Public Utilities (APU) reserves the right to request pricing for additional measures not currently listed. Subject to APU’s review and approval, such measures may be incorporated into the program at APU’s sole discretion, either as standard program offerings or on a case- by-case basis.
Task 4: Direct Installation of Water Efficiency Measures:
Provider shall deliver a comprehensive, turnkey direct installation program, which shall include the installation of interior and exterior water-efficient measures, such as, but not limited to, low- flow faucets and aerators, water-efficient toilets, rain sensors for irrigation, water pressure regulators, water spigot locks, and irrigation leak repairs.
4.1 Provider shall be responsible for ensuring that all applicable water efficiency measures carry the EPA WaterSense label and meet strict performance and conservation standards.
4.2 Provider shall complete all tasks specified in the work order within the designated timeframe. If any tasks remain incomplete at the conclusion of the scheduled appointment, the Provider shall ensure completion within three (3) business days following the original appointment date. All costs associated with the use of specialized rental equipment required for return visits shall be the sole responsibility of the Provider.
4.3 Provider shall resolve all warranty-related issues within three (3) business days following notification. The City shall bear no responsibility for any costs incurred in addressing warranty matters. All expenses associated with resolving warranty concerns, including but not limited to specialized rental equipment, shall remain solely the responsibility of the Provider. Additionally, the Provider shall furnish a written warranty covering all products and labor provided under this agreement for a minimum period of one (1) year from the date of installation.
4.4 Provider shall perform water efficiency installation services in accordance with the unit pricing specified in Exhibit B: Fee Schedule, and in compliance with applicable California Department of Industrial Relations (DIR) trade classifications. Anaheim Public Utilities (APU) reserves the right to request pricing for additional measures not currently listed. Subject to APU’s review and approval, such measures may be incorporated into the program at APU’s sole discretion, either as standard program offerings or on a case- by-case basis.
Task 5: Dusk-to-Dawn Program: Operational Scope and Deliverables:
Provider shall be responsible for conducting comprehensive exterior lighting assessments for multi-family dwellings and commercial customers as part of the Dusk-to-Dawn Program. These assessments will focus on evaluating existing lighting conditions and identifying opportunities to improve energy efficiency, security, and operational performance by implementing dusk-to- dawn lighting and control systems.
5 The scope of services under this task includes, but is not limited to, an assessment and delivery of exterior fixtures, photocells, motion sensors, and other automated lighting controls as specified in Exhibit B: Fee Schedule. The Provider must ensure that all recommended measures align with industry standards, local energy codes, and program guidelines.
5.1 Provider shall assess existing exterior lighting conditions at eligible sites and recommend appropriate Dusk-to-Dawn lighting measures. This includes identifying and supplying the necessary lighting fixtures and their respective hardware to facilitate the successful installation.
5.3 Provider shall ensure that all lighting measures meet at least two (2) certifications: ETL, CSA, UL Listed, Energy Star, or DLC. All eligible lighting measures must comply with or exceed current local, state, and federal energy efficiency codes and regulations.
Furthermore, all products and services provided and installed by the Provider shall be covered by a minimum one-year written warranty, ensuring the quality and performance of the installations.
5.4 Provider shall resolve warranty-related issues within three (3) business days. The City will not be liable for any charges incurred in addressing warranty concerns; all associated costs are the sole responsibility of the Provider.
5.5 Provider shall be responsible for securing all necessary documentation and signatures to ensure compliance with program requirements. This includes, but is not limited to, obtaining Property Owner Authorization Forms and Program Participation Agreements that clearly outline the program’s terms and conditions. Proper documentation must be collected, recorded, and maintained to verify participant eligibility and adherence to program guidelines.
5.6 Provider shall ensure the installation of all Dusk-to-Dawn fixtures and hardware within 30 days of delivery. Post-installation inspections may be conducted either in person or virtually.
5.7 Provider shall document and systematically track all program-related activities in the designated database to ensure accurate reporting and full compliance with program requirements. This includes, but is not limited to, capturing detailed customer information, such as property type (e.g., multi-family dwelling), assessment date, application type (retrofit or new installation), and the corresponding kWh deemed savings. Additionally, the Provider shall document comprehensive measure details, including quantity, type, and associated costs.
5.8 Provider shall include detailed program-specific metrics for the Dusk-to-Dawn Program within each monthly invoice. The invoice must clearly outline, but is not limited to, the following information: participant details, assessment and delivery dates, the quantity, type, and cost of measures delivered, associated kWh savings, and the type of installation performed, whether retrofit or new installation. This documentation is essential to ensure accurate tracking, reporting, and compliance with program requirements.
6 5.9 Provider shall perform dusk-to-dawn services in accordance with the unit pricing specified in Exhibit B: Fee Schedule. Anaheim Public Utilities (APU) reserves the right to request pricing for additional measures not currently listed. Subject to APU’s review and approval, such measures may be incorporated into the program at APU’s sole discretion, either as standard program offerings or on a case-by-case basis.
Task 6: Electrification Program for Commercial Appliances
Provider shall be responsible for conducting a comprehensive appliance assessment to assist small business customers in transitioning to energy-efficient electric appliances, such as, but not limited to, induction stoves and cooktops, electric convection and combination ovens, electric griddles and fryers, Energy Star® refrigerators and freezers, and commercial microwaves, food warmers, and electric heat pumps.
Provider shall ensure that all appliances comply with industry best practices, local energy codes, and program guidelines to maximize efficiency.
6.1 Provider shall be responsible for conducting a comprehensive assessment of existing appliances, evaluating their current condition, and identifying the most suitable all- electric replacement solutions. This includes determining all necessary hardware and components to ensure a seamless and successful installation.
6.2 Provider shall bear the responsibility for procuring, delivering, and installing all appliances.
6.3 Provider shall ensure that all electric energy-efficient equipment and appliances have an Energy Star rating. Additionally, all appliances must comply with or exceed all applicable local, state, and federal energy efficiency standards and regulations.
6.4 Provider shall cover all appliances with a minimum one-year written warranty, ensuring their quality, performance, and reliability.
6.5 Provider shall resolve warranty-related issues within three (3) business days. The City will not be liable for any charges incurred in addressing warranty concerns. All such costs shall remain solely the responsibility of the Provider.
6.6 Provider shall be responsible for obtaining all necessary documentation and signatures to ensure full compliance with program requirements. This includes, but is not limited to, securing Property Owner Authorization Forms and Program Participation Agreements that clearly define the program’s terms, conditions, and obligations. Provider shall ensure that all required documentation is accurately collected, recorded, and maintained to verify participant eligibility and ongoing adherence to program guidelines. Additionally, the Provider shall provide timely access to these records upon request by Anaheim Public Utilities.
7 6.7 Provider shall document and maintain comprehensive records of all program-related activities in the designated database to ensure accurate reporting and full compliance with program requirements. This documentation must include detailed customer information, such as property type (e.g., restaurant), assessment date, type of installation performed (e.g., retrofit of an existing electric appliance or replacement of a gas appliance), and the corresponding kWh savings. If applicable, Provider shall convert Therms to kWh using the appropriate conversion methodology.
6.8 Provider shall include detailed program-specific metrics for the Electrification Program for Commercial Appliances Program within each monthly invoice. The invoice must be clearly outlined but is not limited to the following information: participant details, assessment and installation date, quantity, type, and cost of appliances delivered, associated kWh savings, associated energy savings from fuel switching from gas to electric, and the type of installation performed, whether retrofitting an existing electric appliance or replacing a gas appliance.
6.9 Provider shall perform commercial appliance installation services in accordance with the unit pricing specified in Exhibit B: Fee Schedule, and in compliance with applicable California Department of Industrial Relations (DIR) trade classifications. Anaheim Public Utilities (APU) reserves the right to request pricing for additional measures not currently listed. Subject to APU’s review and approval, such measures may be incorporated into the program at APU’s sole discretion, either as standard program offerings or on a case- by-case basis.
1 EXHIBIT B
SCHEDULE OF COMPENSATION
Services: Fee
Interval:
Projected Annual
Amount:
1 Program Administration, Outreach, and
Marketing Services:
Includes outreach to a minimum of 40 small
business customers per month, maintenance of a
cloud-based database tracking program metrics,
participation in weekly meetings, attendance at
two Anaheim Public Utilities (APU) community
events, and submission of monthly invoices on
the first Friday of each month.
Monthly $ 74,172
Projected
Qty. Per
Year:
Projected Annual
Amount:
Interior & Exterior Electric Assessment 350 $ 106,400 Interior & Exterior Water Assessment 150 $ 30,900 Exterior Lighting Assessment Multi-Family
Residential Properties 150 $ 20,700 Projected Annual
Amount:
3 Direct Installation of Electrical Efficiency
Measures: $ 864,688.20
4 Direct Installation of Water Efficiency
Measures: $ 243,139.80
Projected Annual
Amount:
5 Dusk-to- Dawn Program: $ 80,000.00 Projected Annual
Amount:
6 Appliance Program: $ 80,000.00
1,500,000.00$
Projected Budget for Electric Efficiency Measures as detailed in Attachment 1:
Task 3
Projected Budget for Water Efficiency Measures as detailed in Attachment 2:
Task 4
2 Electric and Water Assessments:
Professional Services Agreement with Richard Heath & Associates, Inc. (RHA) for the Administration of the Small Business Energy and Water Direct Install Program Task: Per Service Fee
Amount(Monthly)
$ 6,181.00
Per Service Fee:
Projected Budget for Dusk-to-Dawn Lighting Measuresas detailed in Attachment 3:
Task 5
NTE Per Term Year:
$ 304.00
$ 206.00
$ 138.00
Projected Budget for Appliance-related measures as detailed in Attachment 4:
Task 6
2 Attachment 1 – Task 3:
Fee Schedule for Direct Installation of Electrical Efficiency Measures:
Provider: Richard Heath & Associates, Inc. (RHA)
Electrical Measures – Including All Materials and Labor Quantity Deemed kWh Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
Surge Protector for LED fixtures 1 - 34.00$ 55.00$ 89.00$ Electronic Ballast (Low, Normal, or High ballast factors) 1 - 32.00$ 41.25$ 73.25$ LED 3ft tube Plug n Play 1 103.0 23.00$ 27.50$ 50.50$ LED 4ft tube Plug n Play 1 57.0 23.00$ 27.50$ 50.50$ LED 6ft tube Plug n Play 1 30.0 23.00$ 27.50$ 50.50$ LED 8ft tube Plug n Play 1 150.0 34.00$ 27.50$ 61.50$ LED driver retrofit kit 1 15.0 29.00$ 55.00$ 84.00$ Linear LED tubes with Electronic Ballast (EB) Retrofit kit LED 4ft 4L 11W-14W T8 w/EB 1 222.0 89.00$ 96.25$ 185.25$ LED 4ft 4L 11W-14W T8 w/2EB 1 217.0 98.00$ 96.25$ 194.25$ LED 4ft 3L 11W-14W T8 w/EB 1 121.0 74.00$ 82.50$ 156.50$ LED 4ft 3L 11W-14W T8 w/2EB 1 158.0 85.00$ 82.50$ 167.50$ LED 4ft 2L 11W-14W T8 w/EB 1 99.0 53.00$ 55.00$ 108.00$ LED 4ft 1L 11W-14W T8 w/EB 1 57.0 41.00$ 55.00$ 96.00$ LED 8ft (2) 4L 11W-14W T8 w/2EB retro kit 1 178.0 175.00$ 82.50$ 257.50$ LED 8ft (2) 2L 11W-14W T8 w/2EB retro kit 1 224.0 120.00$ 96.25$ 216.25$ LED 8ft (2) 1L 11W-14W T8 w/EB retro kit 1 139.0 97.00$ 96.25$ 193.25$ LED 6ft 4L 11W-14W T8 w/2EB 1 120.0 145.00$ 82.50$ 227.50$ LED 6ft 2L 11W-14W T8 w/EB 1 60.0 116.00$ 82.50$ 198.50$ LED 6ft 1L 11W-14W T8 w/EB 1 30.0 65.00$ 82.50$ 147.50$ LED 3ft 4L 11W-14W T8 w/2EB 1 54.0 124.00$ 68.75$ 192.75$ LED 3ft 2L 11W-14W T8 w/EB 1 103.0 91.00$ 55.00$ 146.00$ LED 3ft 1L 11W-14W T8 w/EB 1 103.0 54.00$ 55.00$ 109.00$ LED 2ft 4L 11W-14W T8 w/2EB 1 44.0 108.00$ 68.75$ 176.75$ LED 2ft 2L 11W-14W T8 w/EB 1 150.0 62.00$ 82.50$ 144.50$ LED 2ft 1L 11W-14W T8 w/EB 1 22.0 45.00$ 55.00$ 100.00$ Clear Acrylic Lens Cover (wrap fixture) 1 - 23.00$ 27.50$ 50.50$ Clear Acrylic Lens Cover 1 - 21.00$ 41.25$ 62.25$ All LED lighting technology shall comply with Anaheim Public Utilities’ (APU) installation standards and technical specifications as set forth below:
• Surge Protection: All LED fixtures must be equipped with adequate surge protection in accordance with industry standards. • Certification & Longevity: Each proposed LED product must meet a minimum of two (2) of the following certifications or performance criteria: UL, ETL, DLC, ENERGY STAR®, and a minimum rated life of three (3) years or 25,000 operating hours. • Product Documentation: Respondents shall provide detailed specification sheets for all proposed LED products, including brand name, selectable wattage, and correlated color temperature (Kelvin rating).
• Luminous Efficacy: Proposed LED fixtures shall have a minimum luminous efficacy of 100 lumens per watt (Lm/W), or be demonstrably equivalent to the existing retrofitted fixtures.
• Color Temperature: Selectable LED products shall provide a correlated color temperature within the range of 3500K to 5000K, or be comparable in appearance and performance to existing retrofitted fixtures.
3 Electrical Measures – Including All Materials and Labor Quantity Deemed kWh Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
Flat Panel Fixtures Selectable Wattage and Kelvin temperature LED 2ft x 2ft Troffer Retrofit 30W-45W (3500K-5000K) 1 103.0 130.00$ 82.50$ 212.50$ LED 2ft x 4ft Troffer Retrofit 30W-50W (3500K-5000K) 1 103.0 180.00$ 82.50$ 262.50$ LED 2ft x 2ft Flat Panel Retrofit 30W-45W (3500K-5000K) 1 103.0 130.00$ 82.50$ 212.50$ LED 2ft x 4ft Flat Panel Retrofit 30W-50W (3500K-5000K) 1 103.0 180.00$ 82.50$ 262.50$ New Fixtures Selectable Wattage and Kelvin temperature
LED 2ft Wrap/Strip new fixture 15W-25W (3500K-5000K) 1 103.0 86.00$ 82.50$ 168.50$ LED 3ft Wrap/Strip new fixture 17W-30W (3500K-5000K) 1 103.0 101.00$ 82.50$ 183.50$ LED 4ft Wrap/Strip new fixture 35W-50W (3500K-5000K) 1 72.0 109.00$ 54.45$ 163.45$ LED 8ft Wrap/Strip new fixture 50W-75W (3500K-5000K) 1 332.0 187.00$ 96.25$ 283.25$ LED 4ft linear Retrofit kit 1 72.0 111.00$ 68.75$ 179.75$ LED 8ft linear Retrofit kit 1 338.0 145.00$ 96.25$ 241.25$ High Bay LED tubes with Electronic Ballast (EB) Retrofit kit LED 4ft 4L 14W-17W T8 High Bay Fixture w/EB 1 456.0 140.00$ 165.00$ 305.00$ LED 4ft 6L 14W-17W T8 High Bay Fixture w/2EB 1 109.0 207.00$ 165.00$ 372.00$ LED 4ft 8L 14W-17W T8 High Bay Fixture w/2EB 1 1,237.0 275.00$ 165.00$ 440.00$ LED 4ft 2L 20W-25W T5HO High Bay Fixture w/EB 1 311.0 296.00$ 165.00$ 461.00$ LED 4ft 3L 20W-25W T5HO High Bay Fixture w/EB 1 618.0 339.00$ 165.00$ 504.00$ LED 4ft 4L 20W-25W T5HO High Bay Fixture w/EB 1 622.0 310.00$ 165.00$ 475.00$ LED 4ft 6L 20W-25W T5HO High Bay Fixture w/2EB 1 824.0 339.00$ 165.00$ 504.00$ LED 4ft 8L 20W-25W T5HO High Bay Fixture w/2EB 1 1,237.0 382.00$ 165.00$ 547.00$ High Bay Replacement Fixture with Selectable Wattage and Color Temperature (Kelvin) LED High Bay 70W-100W LED (3500K-5000K) (Warehouse) 1 399.0 186.00$ 165.00$ 351.00$ LED High Bay 100W-150W LED (3500K-5000K) (Warehouse) 1 857.0 244.00$ 165.00$ 409.00$ LED High Bay 150W-180W LED (3500K-5000K) (Warehouse) 1 857.0 316.00$ 165.00$ 481.00$ LED High Bay 200W-260W LED (3500K-5000K) (Warehouse) 1 718.0 411.00$ 165.00$ 576.00$ High Bay lighting controls for motion sensors 1 2,000.0 74.00$ 82.50$ 156.50$ High Bay Lighting controls for motion sensors and daylight harvesting 1 2,000.0 133.00$ 82.50$ 215.50$ A19 LED Bulb – Screw-In Base (Available in Dimmable and Non-Dimmable Options) LED 7W-12W A-type 1 84.0 10.00$ 27.50$ 37.50$ LED 6W-12W A-type Dimmable 1 92.0 9.00$ 27.50$ 36.50$ LED 13W-15W A-type 1 272.0 9.00$ 27.50$ 36.50$ LED 13W-15W A-type Dimmable 1 282.0 10.00$ 27.50$ 37.50$ LED 12W A-type 1 84.0 9.00$ 27.50$ 36.50$ LED 3W Dimmable Candelabra 1 88.0 12.00$ 27.50$ 39.50$ LED 4.5W-6W Globe-Type 1 142.0 12.00$ 27.50$ 39.50$ LED PAR16 / MR16 (Screw-in/GU10)
LED 4W-6W PAR/MR16 screw-in 1 70.0 13.00$ 27.50$ 40.50$ LED 4W-6W PAR/MR16 GU10 1 99.0 12.00$ 27.50$ 39.50$ LED 10W PAR16 1 120.0 10.00$ 27.50$ 37.50$ PAR20 LED
LED 3W-6W PAR20 1 193.0 10.00$ 27.50$ 37.50$ LED 6.5W-8W PAR20 1 89.0 11.00$ 27.50$ 38.50$ PAR30 LED
LED 7W-10W PAR30 1 93.0 11.00$ 27.50$ 38.50$ LED 11W-14W PAR30 1 201.0 11.00$ 27.50$ 38.50$ LED 15W-19W PAR30 1 138.0 11.00$ 27.50$ 38.50$
4 Electrical Measures – Including All Materials and Labor Quantity Deemed kWh Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
PAR38 LED
LED 12W-15W PAR38 1 29.0 15.00$ 27.50$ 42.50$ LED 16W-19W PAR38 1 86.0 12.00$ 27.50$ 39.50$ LED 20W-23 PAR38 1 235.0 13.00$ 27.50$ 40.50$ LED 10W PAR30-Short 1 29.0 12.00$ 27.50$ 39.50$ LED 12W PAR30-Long 1 29.0 11.00$ 27.50$ 38.50$ Exterior LED Fixtures with Selectable Wattage and Color Temperature (Kelvin) LED Mini Wall Pack 10W-20W (3500K-5000K) 1 161.0 92.00$ 123.75$ 215.75$ LED Wall Pack 25W-40W (3500K-5000K) 1 234.0 171.00$ 165.00$ 336.00$ LED Wall Pack 45W-70W (3500K-5000K) 1 480.0 203.00$ 165.00$ 368.00$ LED Wall Pack 75W-95W (3500K-5000K) 1 1,585.0 244.00$ 165.00$ 409.00$ LED Wall Pack 100W-130W (3500K-5000K) 1 1,585.0 272.00$ 165.00$ 437.00$ LED Wall Pack 135W-180W (3500K-5000K) 1 910.0 359.00$ 165.00$ 524.00$ LED Wall Pack 300W High Power (3500K-5000K) 1 910.0 388.00$ 165.00$ 553.00$ LED Flood light 20-40W (3500K-5000K) 1 180.0 114.00$ 165.00$ 279.00$ LED Flood light 45-90W (3500K-5000K) 1 480.0 264.00$ 165.00$ 429.00$ LED Flood light 95-120W (3500K-5000K) 1,585.0 307.00$ 165.00$ 472.00$ LED Cutoff Wall pack 30W-60W (3500K-5000K) 1 304.0 258.00$ 165.00$ 423.00$ LED Cutoff Wall pack 65W-90W (3500K-5000K) 1 667.0 272.00$ 165.00$ 437.00$ LED Bullet Flood Light 10W-20W 1 800.0 86.00$ 82.50$ 168.50$ LED Vapor Tight Fixture 40W-60W 1 101.0 116.00$ 96.25$ 212.25$ Exterior application Photocell lighting control 1 300.0 50.00$ 82.50$ 132.50$ Exterior application Photocell lighting and dimmable control 1 600.0 124.00$ 82.50$ 206.50$ LED Area/Street Lighting with Selectable Wattage and Color Temperature (Kelvin) LED Area/Street Light 30W-60W (3500K-5000K) 1 541.0 316.00$ 165.00$ 481.00$ LED Area/Street Light 60W-90W (3500K-5000K) 1 753.0 359.00$ 165.00$ 524.00$ LED Area/Street Light 100W-140W (3500K-5000K) 1 534.0 460.00$ 165.00$ 625.00$ LED Area/Street Light 150W-180W (3500K-5000K) 1 1,099.0 515.00$ 165.00$ 680.00$ LED Area/Street Light 200W (3500K-5000K) 1 800.0 646.00$ 165.00$ 811.00$ LED Post Top 30W-60W (3500K-5000K) 1 318.0 384.00$ 165.00$ 549.00$ LED Post Top 65W-85W (3500K-5000K) 1 753.0 503.00$ 165.00$ 668.00$ LED Corn light retrofit kit 30W-60W (3500K-5000K) 1 638.0 111.00$ 123.75$ 234.75$ LED Corn light retrofit kit 65W-90W (3500K-5000K) 1 637.0 162.00$ 82.50$ 244.50$ LED Corn light retrofit kit 95W-120W (3500K-5000K) 1 750.0 182.00$ 82.50$ 264.50$ LED Corn light retrofit kit 125W-160W (3500K-5000K) 1 861.0 192.00$ 82.50$ 274.50$ LED Barn light 40W-80W fixture 1 101.0 144.00$ 165.00$ 309.00$ LED Canopy fixture with Selectable Wattage and Color Temperature (Kelvin) LED Canopy light 30W-60W (3500K-5000K) 1 101.0 171.00$ 165.00$ 336.00$ LED Canopy light 60W-90W (3500K-5000K) 1 101.0 215.00$ 165.00$ 380.00$ LED Canopy light 100W-120W (3500K-5000K) 1 600.0 272.00$ 165.00$ 437.00$ LED Slim Canopy Light 20W-45W (3500K-5000K) 1 370.0 171.00$ 165.00$ 336.00$ LED Slim Canopy Light 50W-70W (3500K-5000K) 1 814.0 171.00$ 165.00$ 336.00$ LED Slim Canopy Light 90W-120W (3500K-5000K) 1 585.0 287.00$ 165.00$ 452.00$
5 Electrical Measures – Including All Materials and Labor Quantity Deemed kWh Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
LED Gas Station Fixture with Selectable Wattage and Color Temperature (Kelvin) LED Gas Station Canopy Light 40-60W (3500K-5000K) 1 177.0 258.00$ 165.00$ 423.00$ LED Gas Station Canopy Light 60-90W (3500K-5000K) 1 177.0 316.00$ 165.00$ 481.00$ LED Gas Station Canopy Light 100-130W (3500K-5000K) 1 177.0 316.00$ 165.00$ 481.00$ LED Gas Station Canopy Light 150W (3500K-5000K) 1 177.0 359.00$ 165.00$ 524.00$ LED Gas Station Canopy Light 200W (3500K-5000K) 1 177.0 490.00$ 165.00$ 655.00$ LED Downlights (Recessed)
LED Downlight (Recess) 4 inch 6W-9W 1 107.0 54.00$ 82.50$ 136.50$ LED Downlight (Recess) 4 inch 10W-14W 1 118.0 54.00$ 82.50$ 136.50$ LED Downlight (Recess) 6 Inch 15W-18W 1 48.0 57.00$ 82.50$ 139.50$ LED Downlight (Recess) 6 Inch 19W-24W 1 47.0 57.00$ 82.50$ 139.50$ LED Downlight (Recess) 6 Inch 25W-29W 1 47.0 57.00$ 82.50$ 139.50$ LED Downlight (Recess) 8 Inch 30W-35W 1 120.0 68.00$ 82.50$ 150.50$ LED Downlight (Recess) 8 Inch 38W-42W 1 120.0 68.00$ 82.50$ 150.50$ LED Downlight (Recess) 8 Inch 40W-70W 1 120.0 68.00$ 82.50$ 150.50$ LED Exit Signs
LED Exit Sign-Red Replacement Battery Back-up 1 142.0 45.00$ 82.50$ 127.50$ LED Exit Sign-Green Replacement Battery Back-up 1 127.0 45.00$ 82.50$ 127.50$ Green or Red Photo luminescent Exit Sign (Single sided) 1 131.0 267.00$ 82.50$ 349.50$ Green or Red Photo luminescent Exit Sign (Double sided) 1 10.0 267.00$ 82.50$ 349.50$ HVAC Tune-up
HVAC Tune-Up Basic Diagnostic < = 5 Ton Unit 1 632.0 126.00$ 225.00$ 351.00$ HVAC Tune-Up Basic Diagnostic > 5 Ton Unit < = 10 Ton 1 658.0 117.00$ 225.00$ 342.00$ HVAC Tune-Up Basic Diagnostic > 10 Ton Unit 1 1,665.0 156.00$ 225.00$ 381.00$ HVAC Tune-Up Comprehensive Diagnostic < = 10 Ton Unit 1 658.0 239.00$ 450.00$ 689.00$ Dirty Condenser Coil Cleaning 1 500.0 46.00$ 150.00$ 196.00$ Ceiling Fan 30" to 36" 1 200.0 230.00$ 247.50$ 477.50$ Ceiling Fan 42" to 44" 1 200.0 288.00$ 247.50$ 535.50$ Ceiling Fan 52" to 56" 1 300.0 347.00$ 247.50$ 594.50$ Refrigerant charge for AC/HP (per pound) 1 50.0 129.00$ 75.00$ 204.00$ HVAC Smart Thermostats
Thermostat Lock Box 1 - 50.00$ 82.50$ 132.50$ Smart Thermostat 1 56.0 315.00$ 150.00$ 465.00$ Common Wire attachment 1 - 42.00$ 75.00$ 117.00$ Package Terminal Air Conditioner Units (PTAC) (cooling only) Room AC Replacement 5,000 - 6,999 BTU per Unit (EER above Title 24) 1 578.0 1,350.00$ 300.00$ 1,650.00$ Room AC Replacement 7,000 - 8,999 BTU per Unit (EER above Title 24) 1 578.0 1,376.00$ 450.00$ 1,826.00$ Room AC Replacement 9,000 - 10,999 BTU per Unit (EER above Title 24) 1 578.0 1,205.00$ 300.00$ 1,505.00$ Room AC Replacement 11,000 - 12,999 BTU per Unit (EER above Title 24) 1 885.0 1,231.00$ 450.00$ 1,681.00$ Room AC Replacement 13,000 - 13,999 BTU per Unit (EER above Title 24) 1 885.0 1,927.00$ 300.00$ 2,227.00$ Room AC Replacement 14,000 - 15,999 BTU per Unit (EER above Title 24) 1 1,004.0 1,376.00$ 450.00$ 1,826.00$ Room AC Replacement 16,000 - 18,999 BTU per Unit (EER above Title 24) 1 796.0 1,666.00$ 450.00$ 2,116.00$ Room AC Replacement 21,000 -24,000 BTU per Unit (EER above Title 24) 1 763.0 1,810.00$ 450.00$ 2,260.00$
6 Electrical Measures – Including All Materials and Labor Quantity Deemed kWh Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
Package Terminal Heat Pump Units (PTHP)
Room HP Replacement 5,000 - 6,999 BTU per Unit (EER above Title 24) 1 578.0 1,350.00$ 300.00$ 1,650.00$ Room HP Replacement 7,000 - 8,999 BTU per Unit (EER above Title 24) 1 578.0 1,494.00$ 300.00$ 1,794.00$ Room HP Replacement 9,000 - 10,999 BTU per Unit (EER above Title 24) 1 578.0 1,927.00$ 300.00$ 2,227.00$ Room HP Replacement 11,000 - 12,999 BTU per Unit (EER above Title 24) 1 885.0 1,640.00$ 300.00$ 1,940.00$ Room HP Replacement 13,000 - 13,999 BTU per Unit (EER above Title 24) 1 885.0 1,784.00$ 300.00$ 2,084.00$ Room HP Replacement 14,000 - 15,999 BTU per Unit (EER above Title 24) 1 1,004.0 2,072.00$ 300.00$ 2,372.00$ Room HP Replacement 16,000 - 18,999 BTU per Unit (EER above Title 24) 1 796.0 2,216.00$ 300.00$ 2,516.00$ Room HP Replacement 21,000 -24,000 BTU per Unit (EER above Title 24) 1 796.0 2,362.00$ 300.00$ 2,662.00$ AC/HP Drain Pan 1 - 124.00$ 150.00$ 274.00$ AC/HP Adapter Plug 1 - 71.00$ 37.50$ 108.50$ Power Cord 1 - 26.00$ 41.25$ 67.25$ Pig Tails 1 - 21.00$ 41.25$ 62.25$ Refrigeration
Refrigeration Curtains Med. Per Linear ft. 1 500.0 143.00$ 82.50$ 225.50$ Freezer Curtains Med. Per Linear ft. 1 6,535.0 141.00$ 75.00$ 216.00$ Walk-In Cooler - Tune Up 1 371.0 128.00$ 225.00$ 353.00$ Walk-In Freezer - Tune Up 1 222.0 128.00$ 225.00$ 353.00$ Under Counter & Self Contained - Tune Up 1 200.0 128.00$ 225.00$ 353.00$ Split Systems w/Multiple Coils - Tune Up 1 500.0 72.00$ 150.00$ 222.00$ Refrigerator Main Cooler Door Gaskets Med. Temp. per Linear ft. 1 50.0 16.00$ 25.00$ 41.00$ Freezer Main Cooler Door Gaskets Low Temp. per Linear ft. 1 20.0 14.00$ 25.00$ 39.00$ Door Closer 1 1,082.0 136.00$ 75.00$ 211.00$ Heavy duty UV Refrigeration Pipe- Insulation per Linear ft. 1 150.0 19.00$ 25.00$ 44.00$ Anti-Sweat Heat (ASH) Controls (or Humidistat Controls) Freezer 1 379.0 659.00$ 112.50$ 771.50$ Anti-Sweat Heat (ASH) Controls (or Humidistat Controls) Cooler 1 379.0 559.00$ 112.50$ 671.50$ Replace Standard Fan Motors with Electronically Commutated Motors (ECM) 1 500.0 367.00$ 75.00$ 442.00$ 16W Electronically Commutated Motor 1 205.0 229.00$ 75.00$ 304.00$ 1/15HP-1/20HP Electronically Commutated Motor 1 305.0 227.00$ 75.00$ 302.00$ Programmable EC Motor (3/4 HP, 5.6A) 1 3,431.0 882.00$ 100.00$ 982.00$ Programmable EC Motor (1/2 HP, 4.0A) 1 2,288.0 649.00$ 100.00$ 749.00$ Programmable EC Motor (1/15 HP, 1.8A) 1 305.0 371.00$ 100.00$ 471.00$ Programmable EC Motor (1/5 HP, 3.2A) 1 915.0 585.00$ 100.00$ 685.00$ Install Fan Controllers 1 1,040.0 329.00$ 75.00$ 404.00$ Suction Line Insulation (per linear foot) 1 30.0 14.00$ 20.00$ 34.00$ Refrigerant charge for refrigerators/freezers (per pound) 1 30.0 129.00$ 75.00$ 204.00$ Refrigeration LED Retrofit
LED refrigeration 4ft 1L (Low Temp) 1 181.0 68.00$ 68.75$ 136.75$ LED refrigeration 5ft 1L (Low Temp) 1 170.0 74.00$ 68.75$ 142.75$ LED refrigeration 6ft 1L (Low Temp) 1 381.0 106.00$ 68.75$ 174.75$ LED refrigeration 4ft 2L (Low Temp) 1 361.0 124.00$ 82.50$ 206.50$ LED refrigeration retrofit 7ft 1L (Low Temp) 1 381.0 115.00$ 82.50$ 197.50$ LED refrigeration retrofit 8ft 1L (Low Temp) 1 381.0 86.00$ 82.50$ 168.50$ Seal Doors - Mohair (per linear foot) 1 187.0 7.00$ 20.00$ 27.00$ Door Sweeps per Door 1 50.0 54.00$ 62.50$ 116.50$ Caulking (per linear foot) 1 50.0 14.00$ 20.00$ 34.00$ Expandable Foam (per linear foot) 1 50.0 25.00$ 20.00$ 45.00$ Seal Windows - Silicon (per linear foot) 1 187.0 18.00$ 20.00$ 38.00$ External Water Heater Insulation (=> 50 Gal Tank) and piping insulation (up to 20ft) 1 40.0 83.00$ 112.50$ 195.50$
7 Electrical Measures – Including All Materials and Labor Quantity Deemed kWh Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
Additional Measures:
Conduit Installation-Galvanized (All-Inclusive) – Per Linear Foot 1 - 13.00$ 16.50$ 29.50$ Junction Box (J-Box) 1 - 11.00$ 16.50$ 27.50$ AFC MC CABLES Metal Clad Armored Cable– Per Linear Foot 1 - 10.00$ 16.50$ 26.50$ Romex Brand Simpull Solid– Per Linear Foot 1 - 9.00$ 16.50$ 25.50$ GFCI outlet with cover 1 - 62.00$ 82.50$ 144.50$ Decora Receptacle with cover 1 - 41.00$ 68.75$ 109.75$ Decora single switch with cover 1 - 24.00$ 68.75$ 92.75$ Decora dual switch with cover 1 - 37.00$ 68.75$ 105.75$ Wall sensor 1 36.0 79.00$ 82.50$ 161.50$ Ceiling Mount Sensor 1 51.0 203.00$ 82.50$ 285.50$ Dual Wall Sensor 1 147.0 120.00$ 68.75$ 188.75$ Outdoor Motion Sensor 1 81.0 99.00$ 82.50$ 181.50$ Bi-Level Occupancy Sensor 1 32.0 144.00$ 82.50$ 226.50$ PhotoCell Sensor 1 600.0 50.00$ 82.50$ 132.50$ Daylight Sensor 1 59.0 274.00$ 82.50$ 356.50$ High Bay Line Voltage Passive Infrared Occupancy Sensor (HB3x0-Lx ) 1 81.0 193.00$ 82.50$ 275.50$ Lighting dimmers 1 328.0 99.00$ 82.50$ 181.50$ Toggle Switch 1 - 20.00$ 68.75$ 88.75$ Lighting Astronomical timers 1 328.0 244.00$ 165.00$ 409.00$ Specialized Rental Equipment – Scissor/Boom Lift (Per Address, Per Day) Warranty-related work is excluded from this charge. 1 - 380.00$ - 380.00$ HVAC Fan Cogged V-belt replacing Smooth V-belt 1 - 51.00$ 112.50$ 163.50$ Commercial Air Curtains (Standard Unheated) 1 400.0 1,297.00$ 150.00$ 1,447.00$ Commercial Air Curtains (Low-Noise Unheated) 1 500.0 1,759.00$ 150.00$ 1,909.00$ Ductless Mini Split Heat Pump 18,000 BTU per Unit EER above Title 24 1 600.0 2,125.00$ 600.00$ 2,725.00$ Ductless Mini Split Heat Pump 24,000 BTU per Unit EER above Title 24 1 800.0 2,703.00$ 600.00$ 3,303.00$ Appliance Timer 120V 10A 1 84.0 43.00$ 82.50$ 125.50$ Vending Miser Unit and Installation 1 1,612.0 263.00$ 82.50$ 345.50$ Plug Miser Unit and Installation 1 1,612.0 218.00$ 82.50$ 300.50$ Cooler Miser Unit and Installation 1 1,240.0 263.00$ 82.50$ 345.50$ Snack Miser Unit and Installation 1 387.0 234.00$ 82.50$ 316.50$ Trickle Star Device 1 214.0 61.00$ 82.50$ 143.50$ Power Pak Dimming Module 1 - 216.00$ 82.50$ 298.50$ Wireless Vacancy Corner Sensor 1 600.0 120.00$ 82.50$ 202.50$ Dimmable Wireless Electronic Ballast 1 500.0 193.00$ 41.25$ 234.25$ Wireless Control Switch 1 600.0 58.00$ 82.50$ 140.50$ Dual-Circuit Occupancy Sensor Switch 1 147.0 130.00$ 82.50$ 212.50$ Indoor Programmable Lighting Controller 1 328.0 86.00$ 55.00$ 141.00$ Projected Annual Amount for Task 3: $864,688.20
8 Attachment 2 – Task 4:
Fee Schedule for Direct Installation of Water Efficiency Measures:
All materials and equipment must comply with EPA WaterSense standards and meet ASME/CSA certification requirements where applicable. Quantity Annual Gal.
Saved
Material
Cost
Labor
Cost
Per Service Fee
Amount
Water Measures – Including All Materials and Labor:
Laminar flow restrictors ≤1.5 GPM 1 29,840 13.00$ 28.00$ 41.00$ Faucet Aerators ≤1.8 Gallons Per Minute (GPM) 1 2,033 13.00$ 28.00$ 41.00$ Single Handle Lavatory Faucet ≤1 GPM 1 5,061 129.00$ 168.00$ 297.00$ Double Handle Lavatory Faucet ≤1 GPM 1 3,674 130.00$ 168.00$ 298.00$ Electronic Faucet ≤1GPM 1 10,715 497.00$ 168.00$ 665.00$ Basin/laundry/bar Faucets ≤1.8 GPM 1 2,000 217.00$ 168.00$ 385.00$ Metering Faucets Single/Double Handle 1 3,674 172.00$ 168.00$ 340.00$ Kitchen Faucets Regular/Wall Mount/Single Handle ADA ≤1.8 GPM 1 4,410 172.00$ 168.00$ 340.00$ Non-Standard Faucet Aerators ≤1.8 GPM 1 3,228 13.00$ 28.00$ 41.00$ High efficiency Dipper Wells 1 10,000 506.00$ 168.00$ 674.00$ High efficiency/flow restricted Dipper Well Faucets 1 1,500 246.00$ 168.00$ 414.00$ High efficiency Pre-Rinse Spray Valve ≤1.28 GPM 1 29,840 121.00$ 70.00$ 191.00$ High Efficiency Toilet dual/single flush Round ≤1.1.GPF 1 2,238 316.00$ 168.00$ 484.00$ High Efficiency Toilet dual/single flush Elongated ≤1.1.GPF 1 1,395 316.00$ 168.00$ 484.00$ Toilet Pressure Assisted ≤1.1 GPF Round Bowl 1 10,000 172.00$ 168.00$ 340.00$ Toilet Pressure Assisted ≤1.1 GPF Elongated Bowl 1 8,600 172.00$ 168.00$ 340.00$ Urinal/Toilet Flushometer Retrofits ≤0.5 GPF 1 15,000 371.00$ 84.00$ 455.00$ Other New Technology High Efficiency Toilets 1 2,162 679.00$ 168.00$ 847.00$ (Hybrid) Flushometer top/side Mounted ≤1.0 GPF 1 3,225 423.00$ 84.00$ 507.00$ Dual Flush Flushometer, Retrofit - Pipe Only 1 1,791 72.00$ 84.00$ 156.00$ Pressure Assist Replacement tank ≤1.1 GPF 1 3,000 173.00$ 84.00$ 257.00$ ≥1.0 to ≤1.28 GPF Dual Flush handle Retrofit 1 1,637 115.00$ 84.00$ 199.00$ High Efficiency Urinals ≤0.8 GPF (Regular/Dual Upper Cut/Electronic Flushometer) 1 2,164 817.00$ 336.00$ 1,153.00$ Zero Water Use Urinal 1 20,000 907.00$ 504.00$ 1,411.00$ Ultra Low Water Urinals ≤0.125 GPF 1 15,000 634.00$ 336.00$ 970.00$ Solid Brass/Steel Spigot Faucet Lock with keys 1 - 46.00$ 42.00$ 88.00$ Brass whole system pressure reducer 1 - 259.00$ 168.00$ 427.00$ Weather Based Irrigation Controllers (EPA water sense labeled) 1 2,000 240.00$ 135.00$ 375.00$ Programming Existing Controller System (Per Station) 1 - 6.00$ 33.75$ 39.75$ Soil Moisture Sensor (Per Station) 1 50 468.00$ 202.50$ 670.50$ Pressure reducing Irrigation Valve (to replace leaking valves per unit) 1 - 251.00$ 67.50$ 318.50$ High Efficiency Sprinkler Head Retrofit (Per Unit) 1 3,000 44.00$ 33.75$ 77.75$ In Stem Flow regulators for sprinkler stems (Per Unit) 1 - 19.00$ 33.75$ 52.75$ Large Rotary Sprinkler Nozzles 1 2,000 32.00$ 33.75$ 65.75$ Sprinkler Body replacement (EPA Water sense labeled) 1 40 25.00$ 33.75$ 58.75$ PVC Schedule 80 Irrigation pipe for repairs (per linear feet) 1 - 16.00$ 33.75$ 49.75$ PVC irrigation fittings for repairs (per unit) 1 - 17.00$ 33.75$ 50.75$ Projected Annual Amount for Task 4: $243,139.80
9 Attachment 3 – Task 5:
Fee Schedule for Dusk to Dawn Program:
Provider: Richard Heath & Associates, Inc. (RHA)
Dusk-to-Dawn Lighting Equipment – Delivery Only Quantity: kWh saved:
(if applicable) Per Service Fee Amount:
LED Flood Light 30W-60W with yoke mount w/ photocell node 1 180.00 143.00$ LED Mini Wall Pack 10W-20W (3500K-5000K) w/ photocell node 1 161.00 144.00$ LED Wall Pack 25W-40W (3500K-5000K) w/ photocell node 1 218.00 153.00$ LED Wall Pack 45W-70W (3500K-5000K) w/ photocell node 1 477.00 180.00$ LED Wall Pack 75W-95W (3500K-5000K) w/ photocell node 1 1,092.00 214.00$ LED Wall Pack 100W-150W (3500K-5000K) w/ photocell node 1 1,290.00 313.00$ LED Flood light Security 40W-60W Dusk to Dawn w/motion detector 1 180.00 124.00$ LED Canopy light 30W-60W (3500K-5000K) 1 88.00 122.00$ LED Slim Canopy Light 20W-45W (3500K-5000K) 1 370.00 122.00$ Pole Mount Measures:
LED Pole Mounted Light Fixture - 25W-75W 1 542.00 245.00$ LED Pole Mounted Light Fixture - 100W-145W 1 819.00 368.00$ LED Pole Mounted Light Fixture - 150W-240W 1 760.00 415.00$ LED Barn light 40W-80W fixture 1 542.00 245.00$ Miscellaneous Accessories:
Slipfitter Mount 1 - 31.00$ Pole Mount bracket 1 - 25.00$ RKP203 or equivalent Swivel Mount Photocontrol with Light Adjustment Bar 1 - 22.00$
Bull-horn 2 fixtures Bracket 1 - 171.00$ Bull-horn Tenon Adapter for 4 inch Square Pole 1 - 60.00$ Wall pack Visor 1 - 22.00$ Wire Guard for open face wall packs 1 - 24.00$ Bi-level Motion Sensor 1 - 73.00$ Wall pack Trunnion Kit 1 - 23.00$ Dusk to Dawn Assessment per account 1 - 163.00$ Delivery of Dusk-to-Dawn Fixtures and Components per account 1 - 112.00$ Dusk to Dawn Post inspection-Collection of non-installed fixtures per account 1 - 163.00$
All LED lighting technology shall comply with Anaheim Public Utilities’ (APU) installation standards and technical specifications as set forth below:
• Surge Protection: All LED fixtures must be equipped with adequate surge protection in accordance with industry standards. • Certification & Longevity: Each proposed LED product must meet a minimum of two (2) of the following certifications or performance criteria: UL, ETL, DLC, ENERGY STAR®, and a minimum rated life of three (3) years or 25,000 operating hours. • Product Documentation: Respondents shall provide detailed specification sheets for all proposed LED products, including brand name, selectable wattage, and correlated color temperature (Kelvin rating). • Luminous Efficacy: Proposed LED fixtures shall have a minimum luminous efficacy of 100 lumens per watt (Lm/W), or be demonstrably equivalent to the existing retrofitted fixtures. • Color Temperature: Selectable LED products shall provide a correlated color temperature within the range of 3500K to 5000K, or be comparable in appearance and performance to existing retrofitted fixtures.
Exterior Commercial & Multi-family fixtures:
Projected Annual Amount for Task 5: $80,000.00
10 Attachment 4 – Task 6:
Fee Schedule for Appliance Program:
Name of Provider: Richard Heath & Associates, Inc. (RHA) Commercial Appliance Retrofit Equipment and Professional Installation Services:
Category: Equipment Type: Quantity: kWh or Annual
Gal. Saved:
Material
Cost:
Labor
Cost:
Per Service
Fee Amount:
Cooking Equipment Electric Induction Stove 24"–36" W x 27"–29" D x 36" H 1 467.00 7,130.00$ 884.00$ 8,014.00$ Cooking Equipment Electric Convection Oven 30"–36" W x 25"–27" D x 36" H 1 2,969.00 5,343.00$ 884.00$ 6,227.00$ Cooking Equipment Electric Combination Oven 20"–40" W x 25"–30" D x 20"–70" H 1 16,194.00 19,016.00$ 884.00$ 19,900.00$ Cooking Equipment Electric Fryer 15"–24" W x 15"–34" D x 35"–40" H 1 3,061.00 5,298.00$ 884.00$ 6,182.00$ Cooking Equipment Electric Griddle 24"–48" W x 27"–30" D x 15"–36" H 1 2,663.00 2,710.00$ 884.00$ 3,594.00$ Refrigeration Energy Star Refrigerator 30"–36" W x 29"–35" D x 66"–70" H 1 749.00 3,655.00$ 884.00$ 4,539.00$ Refrigeration Energy Star Ice Maker 15", 22", 30", and 48" 1 1,243.00 5,821.00$ 884.00$ 6,705.00$ Refrigeration Energy Star Freezer 30"–36" W x 29"–35" D x 66"–70" H 1 3,062.00 4,558.00$ 884.00$ 5,442.00$ Dishwashing Energy-Efficient Dishwasher 24" W x 24" D x 35" H 1 11,991.00 7,228.00$ 884.00$ 8,112.00$ Dishwashing Dishwasher with Heat Recovery 24" W x 24" D x 35" H 1 14,148.00 11,252.00$ 884.00$ 12,136.00$ Small Appliances Commercial Microwave 20"–24" W x 16"–20" D x 12"–18" H 1 117.00 1,253.00$ 884.00$ 2,137.00$ Small Appliances Electric Food Warmer 14"–30" W x 22"–30" D x 15"–20" H 1 2,875.00 259.00$ 884.00$ 1,143.00$ Appliance Assessment Report for Appliances Only 1 - -$ 236.00$ 236.00$ Appliance Compliance Requirements:
• Certification Standards: Each proposed appliance must hold at least two of the following certifications: UL (Underwriters Laboratories), ETL (Electrical Testing Laboratories), ENERGY STAR®, or demonstrate a minimum operational lifespan of five (5) years or 25,000 operating hours. • Technical Documentation: Upon request by APU, the respondent shall furnish manufacturer specification sheets for all proposed appliances. These documents must clearly indicate the brand name, model number, and energy consumption characteristics. • Regulatory Compliance: All equipment installations shall be performed in accordance with all applicable federal, state, county, and local laws, codes, ordinances, and regulations.
Projected Annual Amount for Task 6: $80,000.00