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Consent Calendar Item I.Pdf AGENDA ITEM NO.: 4.I.1 MEETING DATE: 04/19/2021 ADMINISTRATIVE REPORT NO.: 2021-57 ACTION: BY MOTION To: Honorable Public Utilities Board Submitted by: _______________/S/ Chris Ferrara AGM-Customer Resources (Acting) From: Heather Heinbaugh Approved by: ________________/S/ Utility Energy Analyst Nicolas Procos General Manager Subject: By Motion, Approve Amendment #1 to Professional Services Agreement PS 11-18- 01 with Synergy Companies to Extend the Term of the Contract to May 20, 2022 RECOMMENDATION By motion, approve Amendment #1 to Professional Services Agreement PS 11-18-01 with Synergy Companies to extend the term of the contract to May 20, 2022. BACKGROUND For decades, Alameda Municipal Power (AMP) has offered energy-efficiency rebates and incentives to help customers save energy and reduce costs. From refrigerator and heat pump water heater rebates to multiple light emitting diode (LED) rebate programs, AMP’s energy efficiency programs have not only provided energy savings for customers, but are also aligned with the utility’s goals to meet Public Utilities Board-approved energy efficiency targets while complying with California Assembly Bills 1890 and 2021. Since 2000, AMP has provided financial assistance to residential customers experiencing difficulty in paying their electric bill. Qualifying low-income customers receive a 25 percent discount under the Energy Assistance Program (EAP). This program is financed through the mandated Public Purpose Fund regulator requirement per Assembly Bill (AB) 1890, which requires utilities to set aside 2.85 percent of net revenues for four categories: (1) cost-effective demand-side management services to promote energy efficiency and energy conservation; (2) new investment in renewable energy resources; (3) research, development and demonstration projects; and (4) services provided for low-income electricity customers. There are approximately 740 customers participating in EAP. On May 20, 2019, the Public Utilities Board (Board) authorized the General Manager to enter into a Professional Services agreement with Synergy Companies to provide a residential direct- install energy efficiency program for qualified low-income customers for an amount not to exceed $750,000, with an option to extend the contract for up to a total of three additional years. AGENDA ITEM NO.: 4.I.2 MEETING DATE: 04/19/2021 ADMINISTRATIVE REPORT NO.: 2021-57 DISCUSSION Staff recommends amending the contract with Synergy to extend the low-income EAP program through May 20, 2022. The current contract contemplates three annual extensions upon mutual agreement. AMP and Synergy have agreed an extension is warranted. There would be no changes to the scope nor to the program administration fees or customer benefits. There is just over $575,000 remaining in the program budget of $750,000. The table below provides a snapshot of the program thus far. FY Service Calls Cost kwh saved KW saved FY 20 90 $88,428.65 69,413 293.2 FY 21 67 $85,948.25 69,408 284.7 Total 157 $174,376.90 138,821 577.9 Goals 400 $750,000 669,887 NEXT STEPS Upon Board authorization, the contract amendment with Synergy will be fully executed and work will begin to implement the extension of the EAP program. FINANCIAL IMPACT There are sufficient funds in the fiscal year (FY) 2021 budget and in the proposed FY 2022 budget. LINKS TO STRATEGIC GOALS AND METRICS • Sustainability: Strategy 2: Promote energy efficiency and building electrification • Customer Experience: Strategy 3: AMP will maximize opportunities to meet customer needs and improve engagement EXHIBITS A. Contractor Agreement PS 11-18-01 B. Amendment #1 Service Provider Agreement PS 11-18-01 AGENDA ITEM NO.: 4.I MEETING DATE: 04/19/2021 EXHIBIT A CONTRACTOR AGREEMENT OJ$>;C,'· PS 11-18-01 I,.:,, THIS AGREEMENT ("Agreement") is entered into this J/s/:- day of M-:=t 2019, by and between ALAMEDA MUNICIPAL POWER ("AMP"), a department of theciTY OF ALAMEDA, a municipal corporation (the "City") and EAGLE SYSTEMS INTERNATIONAL INC. dba SYNERGY COMPANIES, a California corporation, whose address is 28436 Satellite Street, Hayward, CA 94545, ("Contractor"), in reference to the following: RECITALS: A. AMP is a department of the City of Alameda a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. The City is in need of the following services: creation and implementation of a direct­ install residential retrofit program that will provide measureable energy savings to customers who are participating or who are eligible to participate in AMP's Low Income Energy Assistance Program. AMP staff issued an RFP on January 3, 20 19, after a submittal period of twenty eight (28) days staff reviewed the proposals, interviewed qualified firms and selected the Contractor that best meets the City's needs. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. AMP and Contractor desire to enter into an agreement for planning, marketing, implementation of a direct-install residential retrofit program for customers who are participating or who are eligible to participate in AMP's Low Income Energy Assistance Program, upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: l. TERM: The Contractor shall commence on the �I� day of M.� 20 19 and shall terminate on the�� day of � 2021, unless terminated earlier as set forth herein. This Agreement may be mutually extended on a year-by-year basis, for up to three (3) additional years, at the sole discretion of the General Manager, based, at a minimum, upon satisfactory performance of all aspects of this Agreement. PS 11·18-01 Syncr&Y Companies Oircct•lnstoll Encr&y Efficiency Progrotn forlow·lneomc Customers Version 04·12·18 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Specifi.cations, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. The Contractor acknowledges that the work plan included in Exhibit "A" is tentative and does not commit AMP to request Contractor to perform all tasks included therein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "B" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by AMP, subject to additions and deductions pursuant to change orders agreed upon in writing by the parties, and subject to "allowances" as provided in this contract. Payment will be made by AMP in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. However, AMP reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reverence. Extra work must be approved in writing by the AMP General Manager or his/her designee prior to the performance and shall be paid on a Time and Material basis as set forth in Exhibit B. The total compensation for the work under this Agreement is not to exceed $750,000.00. Payment shall be made for 95% of the value of the work completed as determined by AMP. AMP shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by AMP of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. Prompt Payment of Withheld Funds to Subcontractors: AMP shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by AMP of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by AMP. Any delay or postponement of payment may take place only for good cause and with AMP's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the contractor, or deficient subcontractor's performance, or noncompliance by a subcontractor, Syner�y Cotnpanie• 2 PSII·IB-01 Dircor-lnstall Energy Efficiency Pro&fOon for low-lncoonc Cu>lorne" Version 04-12-18 including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors. 4. TIME IS OF THE ESSENCE: Contractor and AMP agree that time is of the essence regarding the perfonnance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perfonn all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be perfonned by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City.
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